Acts and resolutions of the General Assembly of the state of Georgia 1962 [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: LONGINO PORTER, INC. 19620000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 19620000 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 1962 session, with the exception of the proposed amendments to the Constitution, were sent to the printer's 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 1361. The proposed amendments to the Constitution were grouped together beginning at page 747 of Volume One and are followed by a complete index beginning at page 1239. This volume is bound separately. The Act and Proclamations of the Extraordinary Session of April 1962 are grouped together beginning on page 1213 of Volume One. Local and special Acts and Resolutions were grouped in one volume beginning at page 2001. There are no intervening pages between 1361 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. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 SUPREME COURT AND COURT OF APPEALSCOMPENSATION. No. 528 (Senate Bill No. 7). An Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and their officers and employees, approved March 7, 1957 (Ga. L. 1957, p. 205) so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to provide for a limitation on the amount of emeritus compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals and

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their officers and employees, approved March 7, 1957 (Ga. L. 1957, p. 205), is hereby amended by striking section 1 and inserting in lieu thereof a new section 1 to read as follows: Section 1. The annual salary of the Justices of the Supreme Court shall be, and the same is hereby fixed in the sum of $22,500.00. Supreme Court. Section 2. Said Act is further amended by striking section 2 and inserting in lieu thereof a new section 2 to read as follows: Section 2. The annual salary of the Judges of the Court of Appeals shall be, and the same is hereby fixed in the sum of $22,500.00 Court of Appeals. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The salaries herein fixed shall be paid by the State Treasury in equal monthly installments. A partial monthly payment shall be paid if necessary from the effective date of this Act. Effective date. Section 4. This Act shall become effective on the date of its approval by the Governor or on the date it otherwise becomes law. Same. Section 4A. No chief justice emeritus and no associate justice emeritus shall ever receive more than $12,000 per annum. No judge emeritus of the Court of Appeals shall ever receive more than $12,000 per annum. Emeritus compensation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 18, 1962.

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PARTNERSHIPS NAMES. Code 75-111 Amended. No. 529 (House Bill No. 715). An Act to Repeal section 75-111 of the Code of Georgia of 1933 which pertains to the firm name of partnerships and of the use of the names of individuals not actually partners and provides certain penalties in connection therewith; and to enact a new section 75-111 of said Code to provide that names of persons may not be used in partnership names where the same would tend to confuse or mislead the public; to provide for proceedings to cease and desist the use of names contravening the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. Section 75-111 of the Code of Georgia of 1933, which is as follows: No partnership may lawfully insert in its firm name or style the name of any individual not actually a partner, nor continue in such firm name or style the name of a retired partner. Each member of the firm violating this provision shall forfeit the sum of $100 for every day's violation, to be recovered by any person who may sue for the same, be, and the same is, hereby repealed in its entirety. Code 75-111 repealed. Section 2. A new section 75-111 of the Code of Georgia of 1933 is hereby enacted to be as follows: No partnership may lawfully insert in its firm name or style the name of any person not actually a partner if the same would tend to confuse or mislead the public. Code 75-111 enacted, partnership names. Section 3. The solicitors-general of this state shall on information bring proceedings in the superior court of the county of the residence of any partner seeking to require

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partnerships to cease and desist using any name which contravenes the provisions of section 2 of this Act, and jurisdiction is conferred on the superior courts of this State to try such proceedings after thirty days' notice to the partnership and the members of the firm, and if the evidence shall so require issue a judgment to so cease and desist. Proceedings by solicitors-general. Section 4. The provisions of this Act are severable and should any part or portion of the same be held unconstitutional by any court of competent jurisdiction, the same shall not affect or impair any of the remaining sections or provisions. Severability. Section 5. All laws or parts of laws in conflict herewith are hereby repealed. Approved January 24, 1962. JURY COMMISSIONERS IN CERTAIN COUNTIES. Code 59-101 Amended. No. 530 (Senate Bill No. 175). An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code section 59-101 relating

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to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, is hereby amended by adding at the end thereof the following: In each county of this State having a population of not less than 3600 nor more than 4500 according to the 1960 United States Census or any future United States Census, there shall be a board of jury commissioners composed of six (6) discreet persons who shall not be practicing attorneys at law nor county officers who shall hold their appointment for six (6) years and who shall be appointed by the judge of the superior court of such county from a list of three discreet persons recommended for each appointment by the board of county commissioners of such county. Said recommendation to be made at least thirty (30) days before the expiration of the term of the jury commissioner whose place is to be filled on said board. Where applicable, appointment. The provisions of this Act shall become effective immediately in all counties now within the population bracket set out in the caption of this Act, and in all other counties which may hereafter come within the population bracket of this Act. The provisions of this Act shall be effective on the latter mentioned counties on June 1st of the calendar year after such United States Census is taken. The terms of office of all jury commissioners in the counties included in this amendment shall expire immediately upon this amendment becoming effective, and the judge of the superior court shall within sixty (60) days after the effective date of this Act appoint six (6) jury commissioners for such counties. Two (2) shall be appointed for two (2) years; two (2) for four (4) years and two (2) for six (6) years. The board of county commissioners for said counties shall recommend to the judge of the superior court six (6) discreet persons for the two (2) year appointments, six (6) for the four (4) year appointments and six (6) for the six (6) year appointments, said appointments to be made from the list of names recommended by the board of commissioners of roads and revenues. In the event said county commissioners shall fail to recommend said names as hereinbefore provided, for any of the appointments,

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then the judge of the superior court shall make the appointments without any recommendations from said board of county commissioners. Any county which either by increase or decrease ceases to be in the population bracket provided in this Act according to the last United States Census before making said appointments shall no longer be governed by the provisions of this Act, but shall be governed by the laws of this state providing for the appointment of jury commissioners then in force for such counties. Section 2. All laws and parts of laws, regarding the revision of jury lists in this State not in conflict with this Act shall remain in full force and effect and all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved January 29, 1962. USE OF RADAR OR TIMING DEVICES TO ENFORCE SAFETY REGULATIONS. No. 534 (House Bill No. 802). An Act to amend an Act, relating to the use of timing devices or radar equipment to enforce safety regulations, approved March 16, 1961 (Ga. L. 1961, p. 161), so as to change the provision relating to application of the Act within limits of incorporated municipalities; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the use of timing devices or radar equipment to enforce safety regulations, approved March 16, 1961 (Ga. L. 1961, p 161), is hereby amended by striking section 2A in its entirety. Use prohibited.

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Section 2. Said Act is further amended by changing Section 3 to Section 4 and by inserting a new section 3 to read as follows: Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1962. EDUCATIONMINIMUM FOUNDATION ACT AMENDED. No. 537 (House Bill No. 62). An Act to amend an Act establishing a Minimum Foundation Program of Education in Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1406), so as to remove the provisions relating to the population of municipalities from the section prescribing the procedure for determining the amount of funds needed by local units to pay teachers' salaries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Minimum Foundation Program of Education in Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1406), is hereby amended by striking from section 7 the words having a population of 10,000 or less according to the 1940 U. S. census or any future census, so that when so amended section 7 shall read as follows: Section 7. The amount of funds needed by a local unit to pay teachers' salaries in support of the foundation program

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shall be determined on a ten-months' basis in accordance with the State salary schedule provided for in section 6 of this Act. In each local unit, the number of teachers whose salaries are to be considered in calculating foundation program needs shall be determined on the basis of the number of pupils who were in average daily attendance during the preceding school year per square mile of territory served by the unit. Teacher-pupil ratios shall be determined separately for Whites and Negroes, and shall, subject to such variations as in the discretion of the State Board of Education may be necessary, be in accordance with the following scale: Density Scale for Determining Teacher-Pupil Ratios by Density per Square Mile in Average Daily Attendance for Whites and Negroes. Density Per Square Mile Teacher-Pupil Ratios Elementary High School Class I Above 12.51 30 25 Class II 10.51-12.50 29 24 Class III 8.51-10.50 28 23 Class IV 6.51-8.50 27 22 Class V 4.51-6.50 26 21 Class VI 2.51-4.50 24 19 Class VII 1.00-2.50 22 17 Class VIII Below 1 20 15 Independent school systems within municipalities shall be classified on a basis determined by the scale which would apply to the county by adding the average daily attendance of the independent and county school systems. The State Board of Education shall have authority to make salary allowances for the employment for two additional months of at least 15 per cent of the teaching personnel allotted to a local unit for ten months of the school year, provided: (1) that the local unit employing such personnel submits a program covering the additional month or months which meets the approval of the State Board of

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Education, and (2) that teachers who work more than ten months in one school year shall be paid for the additional time at the same rate received during the first ten months, provided if a local unit submits a plan in which it is proposed to employ less than 15 per cent of the personnel the State Board of Education may approve the plan. Teachers may be allotted local units to provide programs of education for adults, pre-school children, and exceptional children at State and/or local expense when such programs have been approved by the State Board of Education. Section 2. This amendment shall not be implemented by reducing allotted funds to any other school system. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1962. MANUFACTURE, SALE AND USE OF FIREWORKS PROHIBITED. No. 538 (House Bill No. 9). An Act to prohibit the sale, offering for sale, exposing for sale, discharge, manufacture, transporting or possession of fireworks, except under certain conditions; to define the words fireworks as used in this Act; to regulate the manner and extent to which fireworks may be used in this State; to provide for a penalty; to specifically repeal an Act regulating the sale and use of fireworks in the State of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 550), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 732); 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 term fireworks shall mean and include any combustible or explosive composition or any substance

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or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including blank cartridges, balloons requiring fire underneath to propel them, fire crackers, torpedoes, sky rockets, roman candles, bombs, sparklers and other combustibles and explosives of like construction, or articles containing any explosive or flammable compound, and tablets and other devices containing an explosive substance. Provided, however, the term fireworks shall not include toy pistol paper caps in which the explosive content does not average more than twenty-five hundredths (.25) grains of explosive mixture per paper cap and toy pistols, toy cannons, toy canes, toy guns or other devices using such paper caps; nor shall the term fireworks include ammunition consumed by weapons used for sporting and hunting purposes. Fireworks defined. Section 2. It shall be unlawful for any person, firm, corporation, association or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, to possess, manufacture or transport any fireworks except as otherwise provided in this Act. Crimes. Section 3. In the event any person, firm, corporation, association or partnership desires to conduct a public exhibition or display of fireworks they shall first obtain a permit from the ordinary of the county in which said exhibition or display is to be held. Application for such a permit must be made in writing and filed with the ordinary not less than 10 days prior to the date of the proposed exhibition or display of fireworks. The ordinary may grant a license or permit for such display on the following conditions. Special permits for exhibitions. (1) That the display be conducted by a competent operator approved by such ordinary. (2) That the display shall be of such character as in the opinion of the ordinary will not be hazardous to persons or property. (3) That the application be accompanied by a bond in

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the principal sum of $10,000.00 payable to the county in which the display is being held conditioned for the payment of damages which may be caused either to persons or property by reason of the display or, evidence that said applicant carried proper liability insurance for bodily injury in an amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in an amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Insurance Commissioner of Georgia. The permit above provided shall be limited to the time specified therein, such time not to exceed a two week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this section are not used by the licensee; or in the event there is a surplus or excess after the two week period expires, it shall be the duty of the licensee to dispose of said fireworks by turning them over to the State Fire Marshal or any of his agents. Any fireworks bought under the provisions of this section which are not used for the purpose of public display in the time specified shall be at the expiration of such time be deemed contraband and subject to seizure by the State Fire Marshal, the State Patrol, any sheriff, or local police official and be destroyed at the licensee's expense. Contraband. The ordinary shall receive $10.00 for services in granting or refusing the original permit and $1.00 for each copy thereof issued to be paid by the applicant. Fees. Section 4. Nothing in this Act shall be construed to prohibit the following: (1) The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use. Provided, that any person selling at wholesale or retail or transporting fireworks for such use must have a duplicate copy of the permit which has been issued by the ordinary to a person, firm, corporation, association or partnership which has been authorized to hold a public exhibition or display. Intent.

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(2) Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination. (3) The sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletic or sports events or for use by military or police organizations. Section 5. All fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this Act are hereby declared to be contraband and may be seized, taken and removed or caused to be removed and destroyed at the expense of the owner thereof by the State Fire Marshal, the State Patrol, any sheriff or local police official. Contraband. Section 6. Any person, firm, corporation, association or partnership violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 7. An Act approved March 7, 1955 (Ga. L. 1955, p. 550), relating to the regulation of the sale and use of fireworks in the State of Georgia, as amended by an Act approved March 8, 1956 (Ga. L. 1956, p. 732) is hereby repealed in its entirety. Prior Acts repealed. Section 8. The provisions of this Act shall not apply to the high explosives covered by virtue of the provisions of section 13 of an Act approved February 25, 1949, (Ga. L. 1949, p. 1057), under which, the Georgia Safety Fire Commissioner has regulatory control. Intent. Section 8 A. This Act shall become effective July 20, 1962. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 6, 1962.

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ELECTIONSDATES FIXED FOR HOLDING POLITICAL PARTY PRIMARIES. No. 547 (Senate Bill No. 170). 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), and an Act approved April 5, 1961 (Ga. L. 1961, p. 432), so as to fix the date for holding political party primaries; to provide that the same shall apply to any such primary held in the year 1962, and thereafter; to repeal conflicting laws; and for other purposes. 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), and an Act approved April 5, 1961 (Ga. L. 1961, p. 432), is hereby amended by striking from paragraph 2 of section 8 the words 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, and inserting in lieu thereof the words which shall be on the second Wednesday in September of each year in which there is a regular general election. The foregoing provisions shall apply to any such primary election held in the year 1962, and thereafter, so that when so amended said paragraph 2 of section 8 shall read as follows: Section 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

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and the same date throughout the State, which shall be on the second Wednesday in September of each year in which there is a regular general action. The foregoing provisions shall apply to any such primary election held in the year 1962, and thereafter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1962. STATE-WIDE PROBATION ACT AMENDEDSUBSISTENCE ALLOWANCE. No. 548 (Senate Bill No. 189). An Act to amend an Act known as the State-Wide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), so as to provide subsistence for each member of the State Board of Probation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State-Wide Probation Act, approved February 8, 1956, (Ga. L. 1956, p. 27), as amended, particularly by an Act approved February 14, 1958, (Ga. L., 1958, p. 15), is amended by striking the words plus travel expenses found in the fifth sentence of section 2 thereof and inserting in lieu thereof the words and in lieu of necessary travel expenses incurred in carrying out the duties and responsibilities of this Act, as amended, each member of said Board of Probation, in addition to said salary hereinbefore provided, shall be paid subsistence, in the amount of $300.00 each month, payable in semi-monthly installments., so that said section 2 when so amended shall read: Section 2. There is hereby created a State-Wide probation

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system to be administered by a State Board of Probation. Such Board of Probation shall be composed of the members of the State Board of Pardons and Paroles, acting in ex-officio capacity. The Chairman of said State Board of Probation shall be the Chairman of the State Board of Pardons and Paroles and he shall be so designated by the Governor for a term of office even with his term of office as a member of the State Board of Pardons and Paroles. Such probation system shall not be administered as part of the duties and activities of the Board of Pardons and Paroles, and separate files and records shall be kept with relation to such system. Each member of said Board of Probation shall be paid a salary of $5,000.00 annually, payable in semi-monthly installments, and in lieu of necessary travel expenses incurred in carrying out the duties and responsibilities of this Act, as amended, each member of said Board of Probation, in addition to said salary hereinbefore provided, shall be paid subsistence, in the amount of $300.00 each month, payable in semi-monthly installments. A majority of the Board of Probations shall constitute a quorum for the transaction of all business, except as hereinafter provided. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 7, 1962. BUDGET ACT. Code Chapter 40-4 Amended. No. 549 (House Bill 742). An Act to amend Code Chapter 40-4, relating to the Budget Bureau, as amended by an Act approved February 5, 1943 (Ga. L. 1943, p. 298) and an Act approved March 7, 1960 (Ga. L. 1960, p. 187), so as to create a new Budget Bureau; to provide for definitions; to provide for the

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establishment of the Budget Bureau, its duties, powers and authority; to provide that the Governor shall be exofficio Director of the Budget; to provide for a State Budget Officer; to provide for assistance to the Budget Bureau; to provide for duties, powers and authority; to provide for a Budget Report, its preparation, contents, form and limitations; to provide for a Budget and its administration; to provide for an Emergency Fund; to provide the procedure under which appropriations may be transferred; to provide for estimates to be submitted by budget units; to provide for the duties of the Governor in the preparation of the Budget and for information to be furnished to the Governor-Elect; to provide for the Budget Report to be furnished to each member of the General Assembly; to provide that the Budget Bureau shall be available for service to the members of the General Assembly; to provide for a Budget Analyst to assist the General Assembly and the appropriations committees; to provide for the adoption of appropriation and revenue Acts; to provide the procedure under which funds may be prorated; to provide for budget administration under the Appropriation Act; to prohibit arbitrary discharge of employees; to provide for the execution of warrants; to provide for the payment of funds into the State Treasury; to authorize the establishment of working hours of State employees; to provide for the certification of income and receipts by the State Auditor and the State Treasurer; to provide for revenue collections to be paid into the State Treasury; to provide the procedure connected with the foregoing; to provide that the Department of Audits and Accounts is a legislative agency; to repeal an Act relating to working hours for State employees, approved March 17, 1960 (Ga. L. 1960, p. 1103); to specifically and separately repeal, pursuant to Constitutional authorization, the following sections of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84); section 33, relating to the Income Equalization Account; section 55, relating to the suspension of allocation of revenue; section 56, relating to the application of said Act; section 57, relating to the procedure by which appropriations might be transferred; section 58, relating to the

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continual appropriation of Federal funds; section 59, relating to the allotment of funds on a quarterly basis; section 60, relating to the prorating of funds; section 62, relating to the illegality of certain expenditures; and section 63, relating to the lapsing of appropriations; to provide for certain effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 40-4, relating to the Budget Bureau, as amended by an Act approved February 5, 1943 (Ga. L. 1943, p. 298) and an Act approved March 7, 1960 (Ga. L. 1960, p. 187), is hereby amended by striking said Code Chapter in its entirety and substituting in lieu thereof a new Code Chapter 40-4, containing the following Code sections, and reading as follows: 40-401 Title. This Chapter shall be known and may be cited as the `Budget Act'. 40-402 Definitions. As used in this Chapter, unless the context requires otherwise: 1. `Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure described in this Chapter. 2. `Appropriation Act' means an Act of the General Assembly which authorizes the expenditure of State money. 3. `Budget' means the complete financial plan for the fiscal year as proposed in the Budget Report and modified and adopted by appropriation and revenue Acts. 4. `Budget Class' means one of the kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified in the classification of expenditures provided for in this Chapter for use in expenditure

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accounting, in the making of budget estimates, and in the budget reports and budgets. 5. `Budget Estimate' means the statement with accompanying explanations, as provided in this Chapter, in which a budget unit states its financial requirements and requests appropriations. 6. `Budget Report' means the recommendations of the Governor to the General Assembly as to financial plans and expenditures to be authorized, with the accompanying statements and explanations provided for in this Chapter. 7. `Budget Message' means the required statement by the Governor to the General Assembly after its convening which gives a summary description of his proposed financial policies and plans contained in the Budget Report, together with his recommendations for additional revenues, if any. 8. `Budget Unit' means a department, institution, agency or other unit of organization for which separate appropriations are made from these or any other unit of organization. 40-403 Budget Bureau; establishment, legal services and other assistance. 1. There shall be established in the office of the Governor a Budget Bureau, as a separate budget unit, for the purpose of promoting economy and efficiency in the fiscal management of the State government. The Governor shall be ex officio Director of the Budget. 2. The Governor, through the Budget Bureau, shall have such supervision of every public department, agency and institution as shall be necessary to secure uniformity and accuracy of accounts and efficient conduct of its fiscal affairs. He may inquire into the methods of conducting the affairs of any public body; he may prescribe and direct the use of such forms of accounts, records and reports as may be necessary to further efficiency, and an adequate system of records for budget-making purposes; and he may prescribe

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and direct the use of standards of efficiency for public employees, including the establishment of working hours. 3. The administrative head of the Budget Bureau shall be the State Budget Officer, appointed by the Governor to serve at his pleasure. The State Budget Officer is hereby authorized to employ such other professional, technical and clerical personnel as he may deem necessary to carry out the duties prescribed in this Chapter. The employees of the Budget Bureau shall be governed by the rules and regulations of the State Personnel Board as may now or hereinafter be established under the Merit System Act or any amendments thereof. The Budget Bureau shall pay its pro rata share of the administrative cost of operating the Merit System of Personnel Administration in the manner prescribed in the Merit System Act, or any amendments thereof. 4. The Attorney General, State Treasurer, Comptroller General, State Revenue Commissioner, and State Auditor shall render such advice and assistance, and furnish such information, to the Budget Bureau as may be requested and needed. 40-404 Budget Bureau; duties, powers and authority. The Budget Bureau, at the direction and under the control of the Governor, and subject to the provisions of this Chapter, shall perform the following functions: 1. Develop financial policies and plans as the basis for budget recommendations to the General Assembly, and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Budget Bureau shall make its records and information available at all times to the General Assembly and its designees. 2. Coordinate the fiscal affairs and procedures of the State to assure the carrying out of the financial plans and policies approved by the General Assembly, including the administration of a system of expenditure control. 3. Develop plans for improvements and economies in

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organization and operation of the State agencies and install such plans as are approved by the General Assembly. 4. Develop a long-term capital improvements budget for consideration by the General Assembly. 5. Analyze financial and administrative aspects of proposed legislation. 6. Provide such assistance as the General Assembly may request and be available to assist its appropriations committees with any needed information or material. 7. Perform all other duties provided for in this Chapter and such other duties as the General Assembly may from time to time prescribe. 40-405 Budget Report to be prepared. The Governor, through the Budget Bureau, shall prepare and submit to the General Assembly within five (5) days after its organization a Budget Report, for consideration either with or without amendments and modifications by the General Assembly. 40-406 Budget Report; contents and form. The Budget Report shall contain and include the following information: 1. Summary statements of the financial condition of the State, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limited to, the following: (a) A comparative consolidated balance sheet showing all the assets and liabilities of the State and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded. (b) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning of each of the two fiscal years last concluded, the actual income of that year, the total appropriation of that year, and the total expenditures of that year.

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(c) Similar summary statements of the estimated fund balances for the current fiscal year and each of the next two fiscal years. 2. Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and of each of the next two fiscal years, and a statement of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by budget unit receiving the same. Existing sources of income and receipts shall be analyzed as to their equity, productivity and need for revision, and any proposed new sources of income or receipts shall be explained. 3. Summary statements of expenditures and disbursements for each of the two fiscal years last concluded, itemized by budget units under functional heads, and showing the amounts expended for each major function of the government. 4. A statement of the surplus account showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded, and all changes in surplus account during each of such two fiscal years. 5. Detailed comparative statements of expenditures and requests for appropriations by funds, budget units and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommendations for appropriations for each budget unit for each of the next two fiscal years, all distributed according to budget classes of ordinary recurring expenses of operation and maintenance, including, but not limited to, Personal Services and Authority Lease Rentals and of extraordinary expenses and capital outlay. Following the lists of actual and proposed expenditures of each budget unit there shall be a brief explanation

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of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended, and the amounts recommended, with such descriptive, quantitative, comparative and other data as to work done, unit costs and like information as is considered necessary or desirable. In connection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for at least three years beyond the period covered by the Budget. 6. A summary statement of the cash resources estimated to be available at the beginning of each of the next two fiscal years, and the estimated cash receipts of the fiscal year, as compared with the total recommended amounts of appropriation for all budget classes for the year, and if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues. 7. A draft of a proposed General Appropriation Act or Acts embodying the Governor's Budget Report and recommendations for appropriations for each of the next two ensuing fiscal years, and drafts of such revenues and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended Appropriation Act shall include, but not be limited to, the following budget classes for each Budget Unit: Personal Services, Operating Expenses, Authority Lease Rentals and Capital Outlay. The recommended appropriation for each budget unit shall be specified in a separate section of the Appropriation Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations. 8. Such other information as the Governor deems desirable or as is required by law.

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9. A certificate of the State Auditor and the State Treasurer as to the accuracy of the statements of financial condition, of the previous income and receipts, and of expenditures and disbursements. 40-407. Budget Report; limitations. The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceeds a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of the Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved. 40-408 Governor's emergency fund. To the end that emergency needs of the State agencies not ascertainable at the time of the submission of the Budget Report to the General Assembly, or at the time of the enactment of the General Appropriations Act, be provided for, the General Appropriations Act shall contain a specific sum as an emergency appropriation. The manner of allocation of such emergency appropriation shall be as follows: The head of the budget unit desiring an allotment of funds from the appropriation shall present such request to the Governor, in such form and with such explanation as he may require, and the Governor may allow or disallow the request at his discretion. No allotment shall be made from this appropriation to a purpose which creates a continuing obligation for the State. 40-409 Estimates to be submitted by heads of budget units. 1. The head of each budget unit, other than the General Assembly and Judiciary, not later than September 1st of each even-numbered year, shall submit to the Budget Bureau

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estimates of the financial requirements of his budget unit for the next two fiscal years, on the forms and in the manner prescribed by the Budget Bureau, with such explanatory data as is required by the Budget Bureau and such additional data as the head of the budget unit wishes to submit. The estimates so submitted shall bear the approval of the board or commission of each budget unit for which a board or commission is constituted. 2. The budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate, and shall be submitted to the Director of the Budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this Act, is a legislative agency, and shall be construed in all respects as such, and the budget estimate for said Department shall be prepared by the State Auditor and shall be included in the Budget Report without revision and shall not be subject to review or control by the Budget Bureau. The State Treasurer shall assist in the preparation of these budget estimates, if requested. 3. Budget estimates for the Judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial officers as appropriate, and shall be submitted at the same time to the Director of the Budget as other budget estimates are submitted. The State Treasurer shall assist in the preparation of these budget estimates, if requested. 4. All of the data relative to the Legislative and Judicial branches of the government shall be for the Budget Bureau's information and guidance in estimating the total financial needs of the State for the ensuing biennium period, but none of these estimates shall be subject to revision or review by the Budget Bureau and must be included in the Budget Report as prepared by it. 40-410 Duties of the Governor in preparation of the budget; Governor-Elect to be informed.

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1. The Governor, before its submission to the General Assembly, shall examine the Statements and estimates and shall make or cause to be made such further investigations by the Budget Bureau, with such hearings before him as he deems advisable, and shall direct such changes or revisions in policy and program and in specific details as he finds warranted. 2. The Governor shall have the Budget Report printed and copies thereof shall be transmitted to each member of the General Assembly within five (5) days of the organization of the General Assembly. 3. The Governor-Elect and his designated budget representatives shall be entitled to examine the Budget Report in process and the Budget Bureau shall provide him with every practicable facility for familiarizing himself with its contents. 40-411 Services to be supplied Appropriations Committee. In addition to the assistance of the Budget Bureau to be rendered as provided in section 40-404 to the General Assembly, the Legislative Services Committee of the General Assembly shall employ a trained, professionally qualified Budget Analyst and fiscal advisor to assist the General Assembly, and its committees, in budget matters. 40-412 Appropriation and revenue Acts; adoption. 1. The financial plan for each fiscal year, as presented in the Budget Report, shall be adopted, with such modifications as are made by the General Assembly, by the passage of a General Appropriation Act and such revenue and other Acts as are necessary for the purpose. 2. Each General Appropriation Act, now of force or hereafter adopted, with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption and it shall then expire except for the mandatory appropriations required by the Constitution or those required to meet contractual

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obligations authorized by the Constitution or the continued appropriation of Federal grants. 3. In addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the State Treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor. 40-413. Expenditures to be authorized by Appropriation Acts. All expenditures of the State and of its budget units of monies drawn from the State Treasury shall be made under the authority of Appropriations Acts, which shall be based upon a budget provided in this Chapter, and no money shall be drawn from the Treasury, except by appropriation made by law pursuant to Article III, Section VII, Paragraph XI of the Constitution of Georgia. 40-414. Quarterly work programs to be filed with the Budget Bureau. The Governor, through the Budget Bureau, shall require each budget unit, other than those of the Legislative branch and the Judicial branch, to file quarterly work programs with the Budget Bureau not later than twenty (20) days before the beginning of each quarter of the calendar year, or at such time as the Budget Bureau shall direct. No allotment of funds as provided in section 40-415 shall be approved for any budget unit until such budget unit shall have filed a quarterly work program with the Budget Bureau and the quarterly work program shall have been approved by the Governor. The work program shall be presented on forms prescribed by the Budget Bureau and shall contain such information as the Governor, through the Budget Bureau, may require. The work program shall include the amount of the portion of the appropriation

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required for the quarter's expenditures based on the budget prepared as provided in this Chapter. Quarterly work programs may be amended from time to time in such manner as the Budget Bureau may require. A duplicate copy of all of the quarterly work programs and any amendments thereto shall be filed simultaneously with the Budget Bureau, the State Treasurer and the State Auditor, and Comptroller General. 40-415 Requests for allotment of funds to be filed with the Budget Bureau. No funds may be made available for expenditure by any budget unit, other than those of the Legislative branch and the Judicial branch, until such budget unit shall have filed a request for allotment of appropriations with the Budget Bureau, and the request for allotment shall have been approved by the Governor. Requests for allotment of appropriations for ordinary recurring expenses shall be filed not later than five (5) days before the beginning of each month. Request for allotment of appropriations for extraordinary expenses or capital outlay may be filed at such times as the Budget Bureau may prescribe. The request for allotment shall be presented on forms prescribed by the Budget Bureau and shall be supplemented by such information as the Budget Bureau may require. 40-416 Duties of the Budget Bureau in review of the quarterly work programs and the requests for allotment. 1. The Governor, through the Budget Bureau, shall review the quarterly work programs submitted by the budget units for conformity to the Budget as approved by the General Assembly. 2. The Governor, through the Budget Bureau, shall review the requests for allotment of funds for conformity to the approved quarterly work program. 40-417 Duties of the Governor in approval of the quarterly work programs and the requests for allotments. 1. The Governor shall examine the quarterly work programs

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and shall make or cause to have made such further investigations by the Budget Bureau, with such hearings before him as he deems advisable, and shall direct changes in such provisions of the quarterly work program as he finds do not conform to the Budget approved by the General Assembly. 2. The Governor shall examine the requests for allotment of funds and shall make or cause to have made such further investigations by the Budget Bureau, with such hearings before him as he deems advisable, and provided the respective amounts are in conformance with the approved quarterly work program, shall execute his warrant on the Treasury for the funds requested by the budget unit. 40-418 Governor to pro rate income. The Governor, through the Budget Bureau, shall monthly pro rate the income of the State to the credit of each appropriation account in the same proportion that each appropriation bears to the total appropriations, and if the amount of funds pro rated to each account is in excess of the approved budget allotments, the amount of said surplus shall be credited to an income Equalization Account by the State Treasurer. In the event that the income is insufficient to make a 100% pro rating to meet the allotments authorized by appropriations, the Budget Bureau is authorized to utilize any balance in the Income Equalization Account to cover the deficiency, and the same shall be charged to the Account by the State Treasurer. The pro rating of funds by the Governor shall not increase the amount of appropriations. 40-419 Responsibility for unauthorized use of funds. No payment shall be made and no obligation shall be incurred against any appropriation unless such payment or obligation has been authorized as provided in this Chapter. Every official authorizing payments in violation of this Chapter, or taking part therein, and every person receiving such payment, or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received. 40-420. Appropriation lapse. At the end of the first

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fiscal year of each biennium covered by the General Appropriations Act, unless allotted by the Budget Bureau, the amount of each appropriation provided for in this Chapter, except for the mandatory appropriations required by the Constitution, remaining unexpended, and which have not been contractually obligated in writing, shall lapse and cease to be available and the State Treasurer shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations. All appropriated funds, except for the mandatory appropriations required by the Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. 40-421. Transfer of appropriations. In the event that any duties, purposes, and objects for which appropriations are made shall be transferred to a budget unit other than that to which appropriated, the appropriations for such duties, purposes and objects shall be made available subject to the provisions of this Chapter to such budget unit or budget units to which the duties, purposes and objects are transferred. Should the appropriation to be transferred not be shown in the Appropriation Act as a separate and identifiable item, the amount to be transferred shall be decided by the Budget Bureau in accordance with the detailed estimates or other information embodied in the Budget Report. 40-422. Federal funds continually appropriated. All Federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal government in making the grant. 40-423. Revenue collections paid to general funds promptly. All departments, agencies and budget units charged with the duty of collecting taxes, fees, assessments or other moneys, the collection of which is imposed by law, shall pay all revenues collected by them into the State Treasury on a monthly basis on or before the fifteenth day of each month for the immediately preceding month's collections according to such rules and regulations as may be

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prescribed by the Budget Bureau. No allotment of funds shall be made to any budget unit which has failed to fully comply with this section. 40-424. Employees; Merit System. Neither the Governor nor the Budget Bureau shall have the power to arbitrarily strike the name of any individual employed by the State from a requisition for allotment of funds or from the budget of any budget unit, department or agency of the State government; provided however, that upon information being received that any individual employed by the State government is guilty or is alleged to be guilty of irregularities, misconduct, malpractice, malfeasance, misfeasance, incompetence, incapability or inefficiency in the conduct of his or her official duties, the head of the budget unit, department or agency employing said person shall be notified of such charges and if the head of the budget unit, department or agency takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his opinion, the facts sustain the truth of the accusation, the said individual shall stand discharged from State service. Nothing in this section shall affect the tenure of office of the elected officials of this State nor the tenure of office of appointed officials of this State who have been confirmed by the Senate as required by law, nor those employees who are subject to Merit System laws and rules and regulations. Section 1A. In order to provide for the orderly implementation of this Act and transition of duties to the Budget Bureau herein created, the Governor, as Director of the Budget, is hereby authorized and empowered to review and approve quarterly work programs and monthly requests for allotment pursuant thereto for the calendar quarter beginning July 1, 1962 and ending September 30, 1962, in the same manner as if said work programs and allotment requests had been transmitted and processed through the Budget Bureau in the manner required by this Act. All work programs and allotment requests after said calendar quarter shall be filed, processed and reviewed in

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conformity with this Act and requirements of the Budget Bureau authorized herein. Orderly implementation. Section 2. An Act entitled An Act to authorize the Budget Bureau to establish work hours for State employees; to provide for enforcement of such work schedules by authorizing disapproval of budget requests of departments or agencies in violation of same after notices thereof to such departments or agencies; to repeal conflicting laws; and for other purposes., approved March 17, 1960 (Ga. L. 1960, p. 1103) is hereby repealed in its entirety. 1960 Act repealed. Section 3. Pursuant to Constitutional authorization, section 33 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 33. Income Equalization Account 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 provisions of section 8 of the Budget Act. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Repealed. Section 4. Pursuant to Constitutional authorization, section 55 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 55. The fixed sums appropriated in this Act for the cost of operating the Agencies and for other purposes

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shall be in lieu and/or inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the respective agency, under any law now or hereafter to become operative, making specific allocation for the support of the respective Agency, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the periods for which fixed sums are appropriated under the within Act. The State Agencies charged with the duty of collecting the revenue affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury. Section of 1943 Act repealed. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 5. Pursuant to Constitutional authorization, section 56 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 56. This Act shall apply for the fiscal year ending June 30, 1944, and to each and every year thereafter until repealed by law. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 6. Pursuant to Constitutional authorization, section 57 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 57. In the event any duties, purposes, and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State Agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State Agency to which the duties are transferred; and in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State Agency to which the appropriation is made in this

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Act, are authorized to determine the amount to be transferred and set up to the transferee State Agency. Nothing in this section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 7. Pursuant to Constitutional authorization, section 58 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 58. All Federal Funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 8. Pursuant to Constitutional authorization, section 59 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 59. Before an allotment from the appropriations made in this Act, shall be available for expenditure by any agency of the State, a quarterly budget shall have been submitted and approved in accordance with provisions of the Budget Act and all rules and regulations issued in accordance with the Budget Act shall have been complied with. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 9. Pursuant to Constitutional authorization, section 60 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84) which reads as follows:

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Section 60. The State Auditor shall monthly pro rate the income of the State to the credit of each appropriation account in the same proportion that each appropriation bears to the total appropriations and if the amount of funds pro rated to the credit of each account is in excess of the approved budget allotments, the amount of said surplus shall be credited to the Income Equalization Account by the State Treasurer. In the event the income is insufficient to make a 100% pro rating to meet the allotments authorized under this Act, the State Auditor is authorized to utilize the necessary amount from the Income Equalization Account to cover the deficiency and same shall be charged to the Account by the State Treasurer. The pro rating of funds under this Section by the State Auditor shall not increase the amount of appropriations set out in this Act. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 10. Pursuant to Constitutional authorization, section 62 of the General Appropriations Act of 1943, approved January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 62. No payment shall be made and no obligation shall be incurred against any fund, allotment, or appropriation made in this Act unless same has been included in the Budget of the respective agency and approved as provided by law. Every expenditure or obligation authorized or incurred in violation of the provisions of this Section shall be void. Every payment made in violation of the provisions of this section shall be deemed illegal, and every official authorizing or making such payment, or taking part therein, and every person receiving such payment or any part thereof, shall be jointly and severally liable to the State for the full amount so paid or received. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 11. Pursuant to Constitutional authorization, section 63 of the General Appropriations Act of 1943, approved

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January 29, 1943 (Ga. L. 1943, p. 84), which reads as follows: Section 63. At the end of each fiscal year the amount of each appropriation provided for in this Act which has not been allotted by Budget Bureau authorities in writing shall lapse and cease to be available and the State Treasurer, upon receiving notice of same, shall not pay any unallotted appropriation and shall make the necessary adjustments in his appropriation accounts to charge off the amount of the lapsed appropriations. Same. is hereby specifically and separately repealed in its entirety, effective at the end of June 30, 1963. Section 12. Except as provided hereinbefore, the provisions of this Act shall become effective at the end of June 30, 1962. It is the intention of the General Assembly that the 1961 General Appropriations Act will be carried out in accordance with the provisions contained therein until its expiration date of June 30, 1963. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1962. UNIVERSITY SYSTEM BUILDING AUTHORITY ACT AMENDED. No. 550 (House Bill No. 736). An Act to amend an Act known as the University System Building Authority Act, approved February 25, 1949 (Ga. L. 1949, p. 1009), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 887), so as to authorize an extension of the date of maturity for Student Housing Revenue Bonds; 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 known as the University System Building Authority Act, approved February 25, 1949 (Ga. L. 1949, p. 1009), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 887), is hereby amended by adding after the comma immediately succeeding the word dates in the third sentence of section 5, the words except that `University System Building Authority Student Housing Revenue Bonds' may mature at such time or times not exceeding forty years from their date or dates,, so that when so amended section 5 shall read as follows: Section 5. 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, 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 such rate or rates as may be determined by the Authority, payable semi-annually shall mature at such time or times not exceeding 30 years from their date or dates, except that `University System Building Authority Student Housing Revenue Bonds' may mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Provided, however, that the Authority shall not issue any `University System Building Authority Revenue Bonds' of any series under the provisions of this Act having as security therefor a lease for a project under which lease the annual obligation created thereby when added to the then total current obligation for payments under similar existing

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lease securing any other series of `University System Building Authority Revenue Bonds' aggregate a sum in excess of eight (8) per centum of the income available to said Board of Regents from State appropriations and from earnings of agencies under the control of the Board of Regents as shown by the State Auditor's report for the fiscal year immediately preceding the date of execution of the proposed additional lease or leases. Provided further that the University System Building Authority shall not issue any additional `University System Building Authority Student Housing Revenue Bonds' of any series having as security therefor a lease for a project under which lease the annual obligation created thereby when added to the then total current obligation for payments under similar existing leases securing any other series of `University System Building Authority Student Housing Revenue Bonds', aggregate a sum in excess of seven (7) per centum of the income available to the Board of Regents from State appropriations and from earnings of agencies under the control of the Board of Regents as shown by the State Auditor's report for the fiscal year immediately preceding the date of execution of the proposed additional lease or leases. Maturity date of bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1962. PEACE OFFICERS ANNUITY AND BENEFIT FUND ACTAMENDED. No. 551 (House Bill No. 392). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1953 (Ga. L. 1953, Nov.-Dec. Sess.,

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p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), and an Act approved March 17, 1959 (Ga. L. 1959, p. 330), so as to provide for changes in the qualifications for membership on the Board; to make provisions relative to vacancies on the Board; to provide for a mileage allowance; to authorize reinstatement without a physical examination; to make further provisions relating to reinstatement; to change the provisions relative to eligibility; to change the dates by which persons must become members of the fund; to provide the procedure whereby a retired person who becomes employed as a Peace Officer shall become a member of the fund; to provide the payment options for members applying for retirement benefits; to change the provisions relating to disability benefits and death benefits; to change the provisions relating to leave of absence; to remove the provisions relating to forfeiture of benefits; to provide for certain exemptions and benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), and an Act approved March 17, 1959 (Ga. L. 1959, p. 330), 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. Be it enacted by the General Assembly of Georgia that in order to carry out the provisions of this

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Act and to perform the duties fixed by this Act, there is hereby created a board, to be known as the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund of Georgia. Said board shall be composed of six members, as follows: The governor, the Attorney-General, the Comptroller General, the President of the Peace Officers' Association of Georgia, Inc., and two members of the Peace Officers' Association of Georgia, Inc., to be elected by such association. The members elected by the association shall take office immediately succeeding their election and shall serve for a term of two years. Each of such two members must either be an active participating member of the Fund or must be receiving retirement or disability benefits from the Fund. Such two members shall be elected so that they shall have staggered terms and one such member shall be elected each year. The three members of the board from the association shall each receive the amount of $25.00 for each meeting of the board or committee thereof. All board members shall receive their actual expenses and a mileage allowance as prescribed by the board, for attending meetings of the board. In the event a vacancy occurs in a position held by one of the members of the board elected by the association, the Executive Committee of the Association, within 30 days after the vacancy occurs, shall elect a member of the association to serve the unexpired term. Such member shall have the same qualifications as prescribed above for the two members elected by the association. Board of Commissioners. 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: Section 5. The Board of Commissioners is hereby given the following powers and duties: To provide for the collection of all moneys provided for in this Act; to provide for payment of all annuities and benefits to members of this fund as provided for by law; to provide for and maintain all necessary administrative facilities and personnel; to provide for payment of all administrative salaries, fees and expenses; to hear and determine applications for membership in this fund according to the terms of this Act; to

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hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; to make rules, regulations and requirements consistent herewith for determining eligibility of members of said fund for disability payments, death benefits and retirement; to delegate its authority to invest funds to one or more members of the board; upon application of any person who is or has been a legally qualified member of this fund, as is provided for in this Act, to provide for refund to such member of 95% of all dues paid by said member over any and all periods of service as such member during which the nature of such services qualify as creditable services within the meaning of this Act; upon any application of any person who shall have received a refund of dues, as above set out, to provide for reinstatement of such person, without requiring physical examination, as a member of this fund and give credit for all periods of service for said person as a peace officer within the meaning of this Act providing such person shall at the time of said application be a peace officer within the meaning of this Act and shall tender back to said fund all moneys and all dues previously refunded plus regular dues for any other period of service during which such person may have served as a peace officer within the meaning of this Act (after the date he originally becomes a member,) for which dues have not been paid; to provide for a refund of 100% of any over payment of dues paid by any person for any period of service during which it may be determined that such person was not a peace officer within the meaning of this Act and for such period of service such person is not entitled to credit; upon application of any peace officer who may apply for membership in said fund, and who may owe dues for creditable service since March 1, 1951, to allow and provide for periodic payments thereof over a period of not more than 18 months immediately subsequent to the date of his acceptance as a member; to provide for the keeping of minutes and records of all board meetings and proceedings under the terms of this Act, including all rules, regulations, delegations and requirements passed upon by said board pursuant to authority herein granted; and to exercise such other powers, not inconsistent herewith, as are necessary

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for the proper administration of this Act. Provided, further, that said board may delegate any and all duties and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said board; provided, however, said board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the Secretary-Treasurer, or upon appeal to said board by any person affected by a decision made by the Secretary-Treasurer. Duties. Section 3. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The term `peace officer,' as used in this Act, shall mean any peace officer who is employed by the State of Georgia or any political subdivision thereof, who is required by the terms of his employment as such peace officer, whether such employment exists by virtue of election or appointment, to give his full time to his job as such peace officer. For the purposes of this Act, any deputy sheriff employed as such by a sheriff of this State shall be deemed to be employed by the county wherein such sheriff serves. Such term shall also include any warden or guard of State or county public works camps and any warden or guard of municipal public works camps of a municipality having a population of 70,000 or more according to the last or any future United States census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard. Any warden or guard of a municipal public works camp who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled. Such term shall also include all employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job. Any such full time employee who on or before October 1, 1962, shall pay dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the

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rights and benefits to which other members are entitled. The word `income,' as used in this Act, shall mean any and all income received by a peace officer for services rendered, whether such income be in the form of salary, fees, subsistence allowance or other type of allowance, or any combination thereof. The word `service' as used in this Act to determine the amount of annuities or benefits due any beneficiary under the provisions of this Act, shall mean the total number of years in the aggregate actually served by a peace officer, computed from the date such peace officer began his service as a peace officer, except that no peace officer shall receive credit for any service performed aftr March 1, 1951, unless he has paid into the fund the amount required for such service. Peace officer defined. Section 4. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. Any peace officer, as herein defined, in order to obtain membership in the fund, shall make application to the board upon an application blank to be furnished for that purpose by the board. An applicant must list all periods of prior service for which he intends to seek credit, and shall forever be barred from receiving credit for any service rendered prior to the date of such application which is not listed on said application. An application must be accompanied by a report of a medical examination of such applicant, which report shall note any physical defects of such applicant, and such medical examination must have been made not more than 15 days prior to the date of such examination. The board, in its discretion, may provide for an examination of such medical examination reports by a physician of the board's own choosing, and shall also have the authority to require a medical examination of any applicant by a physician of the board's own choosing. In addition to any other authority possessed by the board to reject an application for membership, it is hereby given the authority to reject an application for membership for medical reasons. Applications for membership. All present members of the fund, who have not previously

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filed an application with the board claiming prior service, shall present a statement to the board stating the periods of prior service for which they intend to seek credit, and shall forever be barred from receiving credit for any service rendered prior to the date of such statement which is not listed on said statement. All such statements shall be in the hands of the board on or before October 1, 1962. It shall be the duty of the board to determine whether the service for which an applicant or a present member intends to seek credit is such service as is creditable under the provisions of this Act, and so notify such applicant or member. Statements by members. Those persons who are serving as peace officers on April 1, 1962, must make application for membership in the fund on or before October 1, 1962, or shall forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Any person who, on or after April 2, 1962, becomes a peace officer, must make application for membership in the fund within eight (8) months from the date of becoming such peace officer, or forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Provided, however, that any person who becomes a peace officer on or after October 1, 1962, and who is 45 years of age or older, shall never be eligible for membership in the fund, and for any annuities or benefits provided for in this Act. Election to become members, disqualification. In addition to the requirement stated hereinbefore, an application for membership shall contain such other information as may be required by the board. Any person who is a member of the fund shall pay into the fund the sum of $7.00 per month, not later than the 10th day of the month, for that month. Any person desiring to receive credit for creditable service after March 1, 1951, and who has not paid therefor shall pay therefor at the rate of $7.00 per month. Any other provisions of this Act to the contrary notwithstanding, any peace officer who is presently an active paying member of the fund, or any peace officer who in the future becomes an active paying member of the fund, shall be required to pay into the fund the regularly monthly amount for a minimum period of 20 years before

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being eligible to receive the retirement benefits provided in this Act, except that if such peace officer is otherwise eligible to retire under the terms of this Act and so desires, he may retire and the board shall deduct such monthly amount from his retirement until he has paid into the fund for such 20 year period. Payments into fund. Any peace officer who, after once becoming a member of said retirement fund, and after withdrawing or being dropped therefrom for any reason, cannot again be considered an applicant for membership, but must apply for reinstatement in compliance with section 5 of said Act and any lawful rules and regulations adopted by the Board of Commissioners. Withdrawal of members. Section 5. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. At the time a member qualifies for retirement payments, such member must choose one of three payment options, and upon proper application being presented by such member, upon a form to be provided by the board, the secretary-treasurer shall thereupon pay to such retired member a monthly sum based on one of the following three options: Option 1. Single Life Annuity Monthly Payment Level for Life of Peace Officers Only: one hundred ($100.00) dollars, if such applicant has had twenty (20) years service as a peace officer in Georgia and is 55 years of age or older. An applicant who has had twenty-five (25) years service as a peace officer in Georgia and is 60 years of age or older shall be paid the monthly sum of one hundred twenty-five ($125.00) dollars. No person shall be eligible for benefits hereunder until his official duties shall have terminated, unless otherwise provided in this Act, and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Provided, however, that any member of the fund who has

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twenty (20) years of creditable service but who has not reached the age of 55, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 55, shall be entitled to receive a monthly sum of one hundred ($100.00) dollars. Any member of the fund who has twenty-five (25) years of creditable service but who has not reached the age of 60, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 60, shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars. Retirement options. Option 2. Joint Life Annuity Monthly Payment Level for Life of Either Husband or Wife: The amount of monthly payment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1, above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table of Mortality, using 4% interest, a five year age set-back for females, and monthly payment annuity functions. Provided in the event a member's wife predeceases him then no other wife of said member shall be entitled to monthly retirement benefits. Option 3. Joint Life Annuity 50% Monthly Payment to Surviving Wife at Death of Husband: The amount of monthly payment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1, above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table of Mortality, using 4% interest, a five year age set-back for females, and monthly payment annuity functions. Provided in the event a member's wife should remarry subsequent to the death of said member, then the aforesaid retirement benefits payable to her under Options 2 3 shall cease and terminate as of the date of such marriage. And should a member's wife predecease

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him then no other wife of said member shall be entitled to monthly retirement benefits. It is the purpose and intent of the foregoing proviso to limit retirement payments, under Options 2 3 in the event of a member's death, to the wife of said member in life at the time said member qualifies for retirement benefits, and only so long as she remains a widow of such member. Nothing contained herein shall affect the provisions of this Act requiring payment into the fund for a minimum period of 20 years. Any peace officer becoming a member of the fund on or after April 1, 1953, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Act. Provided, however, that nothing contained in this Section shall be construed to in any manner alter the requirements of Section 8 of this Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such service. Any person who after being placed on retirement, as above provided for, shall again become employed as a peace officer as that term is defined in Section 8 of said Act, shall immediately notify the secretary-treasurer of said retirement fund thereof; and retirement benefits provided for such person shall be terminated as of the date of such re-employment and for the duration thereof. During said period of re-employment, said person shall pay regular monthly dues provided by law and shall, upon meeting requirements provided by law, be entitled to benefits provided for in sections 12 and 13 of said Act, but not to any increase in retirement benefits that may be provided in said Act, unless such re-employment shall be for a period of three years or more, in which instance such person may again apply for retirement as if he had not previously been retired and be entitled to such benefits as may be provided by law at the time of said application for retirement, if he so chooses. Intent.

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Section 6. Said Act is further amended by striking section 12 in its entirety and inserting a new section 12 to read as follows: Section 12. Any peace officer who, after lawfully becoming a member of said annuity and benefit fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer, and not resulting from willful misconduct of such officer, from which injury and within 12 months from the date thereof said officer shall be rendered totally and permanently disabled to again perform the duties of a peace officer, shall, upon application to the Board of Commissioners and lawful proof of such injury and disability, be entitled to a benefit of $100.00 per month. Disability benefits. Section 7. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $1,000.00 to such beneficiary upon the death of such peace officer. Death benefits. Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months from the date thereof, the designated beneficiary of said officer shall, upon application to the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $4,000.00, $2,000.00 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of said death.

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Section 8. Said Act is further amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23 to read as follows: Section 23. Any peace officer, who in the determination of the board is a member in good standing of the fund, and who enlists in or is drafted into any branch of the armed forces of the United States shall not be required to remit any funds to the board during his period of service in the armed forces, and shall receive credit for such service in the armed forces, not to exceed five (5) years. Any peace officer who becomes a member of the fund shall receive one year creditable service for each year of service in the armed forces of the United States, up to a total of five (5) years, regardless of when such service in the armed forces of the United States was performed, if such member left his work as a peace officer to go into the armed forces and returned to work as a peace officer within six (6) months after he ceased to serve in the armed forces, and engaged in no other type work within such six (6) month period. Service in Armed Forces. The board, upon application of any person who is or has been a legally qualified member of the fund, which application must be submitted not later than ninety (90) days after such person shall cease to be employed as a peace officer, may provide by rule and regulation for retaining such person as a member of the fund and for crediting said person for a period of time not to exceed twelve (12) months, providing such person shall pay into the fund the amount required for said period. However, not more than a total of 12 months shall be granted to any one person or applicant during such person or applicant's entire membership in said Annuity and Benefit Fund. Section 9. Said Act is further amended by striking section 26 in its entirety and inserting in lieu thereof a new section 26 to read as follows: Section 26. The right to any pension, annuity, allowance or benefit, the right to the return of contributions, to pension, annuity, allowance or benefit itself, any optional

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benefit or any other right accrued or accruing to any person under the provisions of this Act, and the moneys in various Acts created by this Act, are hereby declared to be exempt and shall be exempt from any State, county, municipal, or other political sub-division tax, and shall be exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable unless otherwise specifically provided for in this Act. Exemption of benefits from taxes, etc. Section 10. The provisions of this Act shall become effective at 12:01 o'clock a.m., April 1, 1962. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 12, 1962. STATE EMPLOYES HEALTH INSURANCE ACTAMENDED. No. 552 (Senate Bill No. 212). An Act to amend an Act relating to a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), so as to authorize members of the General Assembly and their dependents and administrative and clerical personnel of the General Assembly and their dependents to participate in such plan; to provide for employer and employee contributions; to provide that the personnel employed for the administration of this Act shall be subject to the Merit System laws and to the rules and regulations of the State Personnel Board; to designate the Merit System Director as the executive officer of the State Personnel Board for the administration of this Act; 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 relating to a health insurance plan for

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State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), is hereby amended by adding at the end of section 1 the following: The term `employee' shall also include members of the General Assembly and administrative and clerical personnel of the General Assembly. so that when so amended section 1 shall read as follows: 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. The term `employee' shall also include members of the General Assembly and administrative and clerical personnel of the General Assembly. Employee defined. Section 2. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. There is hereby created a health insurance fund which shall be available without fiscal year limitations 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 Executive Officer of the State Personnel Board for the administration

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of this Act, and 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 3. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: 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, or other compensation, 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 may 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 departments, 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 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 State's portion of the cost of benefits payable for annuitants. The State Treasurer shall contribute to this health insurance fund as an employer payment for and on behalf of all members of the General Assembly of the State of Georgia and its administrative and clerical personnel, such portions of the costs of such benefits as may be established by the State Personnel Board as a per centum of the total outlay for services rendered by members of the General Assembly of the State of

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Georgia and its administrative and clerical personnel, and in addition thereto an amount to be established by the Board to defray the cost of administration. Administration of Act, funds. Section 4. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. The Board shall promulgate such rules and regulations as may be required for the effective administration of this Act. The Merit System Director, as Executive Officer of the State Personnel Board shall employ such personnel as may be needed to carry out the provisions of this Act, and such employees shall be employees of the State Merit System of Personnel Administration. The pro rata share of the costs of operating the Merit System of Personnel Administration in the manner prescribed by law shall be a part of the administrative costs of the employees health plan. Rules, employees, etc. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1962. EMPLOYEES' RETIREMENT SYSTEM ACTAMENDED. No. 553 (Senate Bill No. 202). 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 modify means and procedure thereof for members to secure Social Security coverage; to provide for a method of uniform deductions for retirement purposes; to provide for the stability of Survivors' Benefits; to limit retirement allowances upon reemployment by the State; to require membership service for retirement in cases

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other than for service, disability or death; to restrict membership; to provide that members of the Teachers' Retirement System of Georgia who become subject to the provisions of the Employees' Retirement System of Georgia may transfer their credits to the Employees' Retirement System; to prescribe the manner of so doing; 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 (Ga. L. 1949, pp. 138, et seq.), as amended, be, and the same is hereby amended by adding to section 1 (a) of Act 40-2525, Ga. Ann. Code, a new sub-paragraph to be numbered (1), to read as follows: (1) Provided further, however, that any member of Division B, upon written request and upon a decision by the Board of Trustees, shall, subject to the extent of applicable federal law, be transferred from Division B to Division A under conditions comparable to the applicable dates and procedures whereby other individuals transferred their membership to Division A. Transfer from divisions. Section 2. Said Act as amended is further amended by adding to section 1 (e) of Act 40-2525, Ga. Ann. Code, a new sub-paragraph to be numbered (1) to read as follows: (1) Provided further, however, in order to facilitate the making of deductions and to simplify the reporting thereof for those members of Division A covered for Social Security, the Board of Trustees shall adopt such Tables of Contributions, both for employer and employee, which will result in uniform monthly contributions to the Retirement System throughout the year. Such tables as adopted by the Board shall not be placed in effect prior to January 1, 1963. Uniform monthly deductions. Section 3. Said Act as amended is further amended by adding to subsection (7) of section 3, (Section 40-2503, (7) Ga. Ann. Code) a sentence to read as follows:

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Effective with the month of January, 1962, for the purpose of providing Survivors' Benefits only, to the current and future members of the General Assembly, this subsection as it refers to employee and employer contributions shall be applicable to each member of the General Assembly, and the State Treasurer of Georgia is hereby authorized and directed to pay to the Board of Trustees of this System from the funds appropriated for the operation of the General Assembly of this State, all accumulated Survivors' Benefits contributions that would have been paid had the membership of the General Assembly been covered for Survivors' Benefits on the date that such coverage was originally extended to the membership of the Employees' Retirement System, except a member of the General Assembly may reject this coverage and no contributions shall be made by him. Provided further, however, that in the event of the death of any member of the 1962 General Assembly prior to the passage of this Act, such member shall be deemed to have elected Survivors' Benefits coverage and any benefits payable shall be made to the deceased member's widow, any liabilities which may be incurred by reason of this particular provision shall be paid from the sum total of contributions as called for in this section 3. Members of General Assembly. Section 4. Said Act as amended is further amended by adding to paragraph (c) of subsection (1) of section 5, (Section 40-2505, (1), (c) Ga. Ann. Code) the following sentence: Except that the provision relative to the suspension of payment of his retirement allowance shall be applicable only in cases where the retired member upon such employment, performs services, the compensation for which, when added to his retirement allowance, exceeds (1) his final earnable compensation at the time of retirement and/or, (2) when such earnable compensation is in excess of one-half of his final earnable compensation at retirement; nor shall the payment of allowances under the provisions in this paragraph be applicable to any member unless he has qualified for service retirement based upon age 65, and has been determined eligible for such retirement. Maximum retirement benefits.

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Section 5. Said Act as amended is further amended by adding to section 5 subsection (4) (Section 40-2505, Ga. Ann. Code) a new and additional paragraph numbered (f) to read: (4) (f) Anything in this Act to the contrary notwithstanding, on and after the effective date of this Act, no member who has not accumulated sufficient creditable service to qualify himself under involuntary separation provisions of this section 5 shall be deemed as eligible for such allowances until he has accumulated membership service in a position as classified under the State Merit System (exclusive of any prior service), sufficient for such qualification. However, the provisions of this paragraph shall not be applicable for vested rights, (including prior service), under provisions of subsection (10) of this section 5. Vested rights. Section 6. Said Act as amended is further amended by adding to paragraph (c) of subsection (2) of section 17 (Section 40-2523 (2), (c) Ga. Ann. Code) the following three sentences. Any other provision of this Act or of any Rules or Regulations to the contrary notwithstanding, current members of the General Assembly as of the month of January, 1962, and future members thereafter, notwithstanding the fact that they may not be members of the Employees' Retirement System, shall be eligible for Survivors' Benefits, the maximum amount of coverage to any member not to be in excess of $2,000 and only on an adjusted actuarial basis in accordance with the attained age of the member on the effective date of his coverage, and under conditions as set forth in Rules or Regulations which may be adopted by the Board of Trustees as it deems necessary within the operation of Survivors' Benefit coverage for this group. Nothing in this Act shall be construed as deeming members of the General Assembly to be eligible for membership in the Employees' Retirement System. All limitations within this section 17 as they apply to the members of the System shall also apply to members of the General Assembly, nor shall the provisions contained herein be construed in such manner

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as to increase Survivors' Benefits for any member of the Employees' Retirement System. Survivors' benefits. Section 7. Said Act as amended is further amended by adding thereto a new section to be appropriately numbered and to read as follows: (1) Notwithstanding any other provisions of this Act, any City Court or any County Tax Office, which has not, by proper action on their part, provided means by which the Court or employees therein, or the Tax Office or employees therein, could become members of this System, shall, on and after the effective date of this amendment, not be deemed to be adjuncts of the Superior Courts of this State nor shall any such County Tax Office be deemed to be adjuncts of the State Revenue Department, nor shall any position, or employee within such City Court or County Tax Office be deemed State employees or otherwise eligible for membership in this System. City court and county tax offices. Section 8. Said Act is further amended by adding to section 8 a new and an additional subsection to be numbered subsection (9) to read as follows: `(9). (a) Any other provisions of law to the contrary notwithstanding, any individual becoming an employee in a department whose employees are covered by Employees' Retirement System and such individual has creditable service with the Teachers Retirement System, such service being subsequent to January 1, 1945, shall become a member of Division A and be eligible to transfer said credits to the Employees' Retirement System and same shall be deemed to be membership service for the computation of retirement benefits only and in no instance shall the transferring employee's annuity be used for any additional credits, annuity or pension wise. Provided further, however, that such membership service as may be transferred shall not be used in the determining of qualification of a member for benefits other than vested rights, disability, death or normal service retirement. Transfers from Teachers Retirement System. (b) Any other provisions of law to the contrary notwithstanding,

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any individual upon becoming a member with the Employees' Retirement System shall not be eligible to transfer any credits from the Teachers Retirement System if such credits include service prior to January 1, 1945, such individual shall become a member of Division A. Provided, however, the years of creditable service on record to the credit of the member with the Teachers Retiremnt System shall be taken into consideration by the Employees' Retirement System only for qualifying purposes for vested rights, death, disability or normal retirement, and any benefits payable by the Teachers Retirement System shall be paid by such system direct to the member or beneficiary. (c) Any other provisions of law to the contrary notwithstanding, any individual, who, upon becoming a member of the Teachers Retirement System has credits with the Employees' Retirement System and such credits are for less than 18 years service shall have such credits transferred to the Teachers Retirement System. Transfers to Teachers Retirement System. (d) Any other provisions of law to the contrary notwithstanding, any individual, who, upon becoming a member of the Teachers Retirement System has 18 or more years of credit with the Employees' Retirement System shall have such credits remain intact with the Employees' Retirement System until his death, disability or retirement. Should such individual qualify for retirement benefits with the Teachers Retirement System then such credits with the Employees' Retirement System shall be computed on the basis that such individual qualified for retirement with the Employees' System and such benefits shall be computed upon the age and plan of retirement under the Teachers Retirement System but based on those credits that have remained with the Employees' Retirement System. (e) Any other provisions of law to the contrary notwithstanding, any individual retiring with the Teachers Retirement System who has credits on record with the Employees' Retirement System shall have the retirement allowances computed by the Employees' Retirement System and payable to the member or the beneficiary in accordance with

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the established records of the Teachers Retirement System at the time of his death, or retirement, whichever is applicable.' Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1962. COURT REPORTERSCONTINGENT EXPENSE ALLOWANCE TO BE PAID FROM FUNDS FOR OPERATING SUPERIOR COURTS. No. 554 (House Bill No. 710). An Act to amend an Act providing a contingent expense and travel allowance for court reporters approved April 5, 1961 (Ga. L. 1961, p. 354), so as to specify the fund from which such contingent expense and travel allowance shall be paid; to designate court reporters as officers of the court; to specify an effective date; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a contingent expense and travel allowance for court reporters approved April 5, 1961 (Ga. L. 1961, p. 354), is hereby amended by adding thereto a new section to be numbered section 4A, to read: Section 4A. The contingent expense and travel allowance provided by this Act shall be paid from the appropriations made by the General Assembly for the cost of operating the superior courts. Such duly appointed reporters are hereby declared to be officers of the superior courts. Section 2. This amendatory Act shall be effective as of the date of the approval of the Act hereby amended.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1962. COMPENSATION OF TAX COMMISSIONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 47,000 AND NOT MORE THAN 49,000 PERSONS. Code 92-5301 Amended. No. 556 (House Bill No. 817). 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 February 21, 1951 (Ga. L. 1951, p. 815), as amended, particularly by an Act approved February 11, 1955 (Ga. L. 1955, p. 176), and an Act approved 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 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;

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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 an Act approved February 12, 1960 (Ga. L. 1960, p. 107), is hereby amended by adding at the end of section 3 the following: Provided, further, in those counties having a population of not less than 47,000 or more than 49,000 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 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

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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 or 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, further, in those counties having a population of not less than 47,000 or more than 49,000 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1962.

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SALARIES OF SUPERIOR COURT JUDGES. No. 564 (House Bill No. 812). An Act to amend an Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), so as to change the salary of the judges of the superior courts; to provide for a limitation on the amount of salary; to provide the procedure connected therewith; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. L. 1957, p. 273), is hereby amended by striking from section 1 the figure $12,500.00 and inserting in lieu thereof the figure $16,000.00 so that when so amended section 1 shall read as follows: Section 1. The annual salary of the judges of the superior courts shall be, and the same is hereby fixed in the sum of $16,000.00. Salaries. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1962.

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SALE OF COUNTY OWNED PROPERTY Code 91-804A Amended. No. 566 (House Bill No. 769). An Act to amend section 91-804A of the Code of Georgia, as amended by an Act of the General Assembly of Georgia, approved March 28, 1961, as appears in Vol. I, Ga. L. 1961, at page 195, pertaining to the sale of county owned property, so as to provide that said Code section shall not apply to the sale of any real property belonging to any county in this State where the property was by the proper governing authority of the county advertised for ten (10) consecutive days in the newspaper in which the sheriff's advertisements for said county are published and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of said advertisement, and an option given in accordance with said sale for the purchaser who had deposited a part of the purchase price to pay the balance within three hundred sixty-five (365) days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 91-804A of the Code of Georgia, as amended by the Act of 1961, approved March 28, 1961, as the same appears on page 195 of Vol. I of the Acts of the General Assembly of 1961, pertaining to the sale of county-owned real property, is amended by adding the following words at the end of said section, as amended, This Act shall not apply to the sale of any real property belonging to any county in this State where the property was by the proper governing authority of the county advertised for ten (10) consecutive days, in the newspaper in which the Sheriff's advertisements for said county are published and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of said advertisement, and an option given in accordance with said sale for the purchaser

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who had deposited a part of the purchase price to pay the balance within three hundred sixty-five (365) days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961, 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. This Act shall not apply to the sale of any real property belonging to any county in this State where the property was by the proper governing authority of the county advertised for ten (10) consecutive days, in the newspaper in which the Sheriff's advertisements for said county are published and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of said advertisement, and an option given in accordance with said sale for the purchaser who had deposited a part of the purchase price to pay the balance within three hundred sixty-five (365) days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962.

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SUPERIOR COURT CLERKS' RETIREMENT ACTAMENDED. No. 575 (House Bill No. 1061). An Act to amend an Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov-Dec. Sess., p. 332), so as to change the amount to be paid into the fund; to provide the procedure whereby widows or widowers may receive benefits; to provide for the repayment of withdrawn funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), is hereby amended by striking from section 8 the figure $1.00, and inserting in lieu thereof the figure $1.50, so that when so amended section 8 shall read as follows: Section 8. In all criminal and quasi-criminal cases for violating State statutes tried in any court in Georgia of which the clerk of the superior court is clerk, wherein a fine is collected in an amount of $5.00 or more, or wherein a bond is forfeited in said amount, the sum of $1.50 for each such case each year shall be paid to the board quarterly, or at such time as the board may provide, by the collecting authority. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board, and such records may be audited by the board at any time. The sums remitted to the board under this section shall be used for the purposes provided for in this Act. Provided, that in all counties over 300,000 population, where the compensation of the clerk is on a salary basis, the provision of this section shall not apply. Payments into fund from criminal cases.

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Section 2. Said Act is further amended by adding a new Section to be known as Section 9A to read as follows: Section 9A. In the event the clerk has retired under the provisions of this Act and dies leaving a widow or widower, such widow or widower shall receive a monthly sum during his or her lifetime equal to fifty (50%) per cent of the amount such retired clerk was receiving. In the event any clerk has not retired under the provisions of this Act but is eligible to do so and dies, his widow or her widower shall receive a monthly sum during his or her lifetime equal to fifty (50%) per cent of the amount such clerk would have received had he or she retired. In order to receive such benefits, any such widow or widower must be at least fifty-five (55) years of age and must have been married to said clerk for at least four (4) years immediately preceding his or her death. In the event any such widow or widower remarries, he or she shall cease to be entitled to receive any such benefits and no such benefits shall be paid to him or her thereafter. The above provisions of this section shall apply to any such widow or widower whose husband or wife dies after the effective date of this Act or who died prior to the effective date of this Act In the event any unmarried clerk dies before being retired, the total amount without interest which has been paid by him or her into the funds shall be paid to his or her estate. If, after retiring, any unmarried clerk should die without having received the amount in benefits equal to the amount which he or she had paid into said fund the difference without interest shall be paid into his or her estate. Survivor benefits. Section 3. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. Any clerk may withdraw a total sum without interest which he has paid into the fund, but he shall not be eligible at any time after such withdrawal to become a member of the fund or to receive any benefits as provided in this Act, except as hereinafter provided. Any clerk withdrawing such funds may repay the entire amount which he has withdrawn with interest at six (6%) per cent per annum,

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and may become eligible to rejoin the fund and receive benefits thereunder. He shall not receive credit for any service after such withdrawal unless he pays dues therefor which he would have paid had he been a member of the fund plus six (6%) per cent interest. Withdrawal of contributions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. S. ERNEST VANDIVER CAUSEWAY NAMED. No. 86 (House Resolution No. 349-737). A RESOLUTION. To designate a state highway as the S. Ernest Vandiver Causeway; and for other purposes. Whereas, Honorable S. Ernest Vandiver, Governor of Georgia, has served the State of Georgia and the United States in various and varied important capacities; having served meritoriously in World War II as a pilot in the Army Air Force after having graduated from the University of Georgia with the degrees of Bachelor of Arts and Bachelor of Laws; and having served as Mayor of Lavonia, Georgia, and having served as Adjutant General of Georgia; and Whereas, Honorable S. Ernest Vandiver has served as Director of Selective Service for the State, and has served as State Director of Civil Defense while simultaneously serving as an active member on the Legislative Committee of the National Guard Association of the United States, and later as a member of the Executive Counsel of the Adjutant General Association of the United States, and has served as President of the National Association of State Civil Defense Directors; and

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Whereas, Honorable S. Ernest Vandiver was federally recognized as Major General in the Air National Guard of the United States on April 17, 1952, and Whereas, Honorable S. Ernest Vandiver was the youngest individual ever to receive this honor, and Whereas, Honorable S. Ernest Vandiver was one of five young men selected by the Georgia State Junior Chamber of Commerce as Man of the Year in 1952; and Whereas, in June of 1954, he resigned as Adjutant General and entered the race for Lieutenant Governor and was elected by an overwhelming majority, having carried 121 counties, and having received 318 unit votes; and Whereas, he served in that capacity as a devoted and hard-working public servant until 1958 in which year, on September 10, 1958, he was elected Governor of Georgia by a landslide, having polled 499,477 popular votes, and having received 400 unit votes, and having carried 156 counties. The aforementioned vote was the largest victory ever accorded a candidate for the Office of Governor of Georgia; and Whereas, Honorable S. Ernest Vandiver has seen the State of Georgia through crucial and trying times and has pursued the duties of his office with perspicacity and the dignity becoming of a true Statesman and Southern Gentleman; 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 General Assembly of Georgia that Highway 82 from Georgetown, Georgia, to the Richard B. Russell Bridge be named and designated Ernest Vandiver Causeway in order to perpetuate the stature of Governor S. Ernest Vandiver, a great

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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 highway and are hereby directed to erect suitable markers thereon at State expense. Approved February 16, 1962. EDUCATIONFINANCIAL ASSISTANCE TO CERTAIN SCHOOL DISTRICTS. No. 576 (House Bill No. 25). An Act to provide financial assistance for any school district wherein three (3%) per cent of the children in average daily attendance have parents or guardinas who live or work on State-owned property; to prescribe certain duties to be required of the superintendents of the school districts affected by this Act; to prescribe certain duties of the State Board of Education; to prescribe the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For any school district wherein three (3%) per cent or more of the children in average daily attendance have parents or guardians who live or work full time on State-owned property, the State Board of Education shall, within the first ninety (90) days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for hereinafter. School districts. Section 2. In any such school district, it shall be the duty of the superintendent of such school district, within thirty (30) days prior to the end of each fiscal year, to submit the following information to the State Board of Education: Duties of districts superintendents.

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(a) The total number of children attending the common schools, including elementary grades and high school grades within the school district. Said total number of children shall be based on the average daily attendance of such schools. (b) The total number of children attending said common schools whose parent or guardian lives or works full time on property owned by the State of Georgia. Said total number shall be based on the average daily attendance at such schools. (c) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year. Section 3. The State Board of Education shall determine an average per pupil amount by dividing the total as determined by section 2, sub-paragraph (c) by the total as determined by section 2, sub-paragraph (a). Formula. Section 4. The State Board of Education shall, after making the determination as required by section 3, make an allotment to the school district for which such determination was made in an amount equal to fifty (50%) per cent of the amount determined by multiplying the amount determined by section 3 of this Act by the amount determined by section 2, sub-paragraph (b) of this Act. Same. Section 5. The information required by section 2 of this Act may be verified by the State Board of Education. In the event the State Board of Education determines that the information is not accurate, the funds allotted by this Act shall be increased or decreased as found by their determination, and in the event the funds allotted by this Act have been paid to the school district involved, the State Board of Education shall, if their determination should show an over payment, deduct the over payment from any allotment made to the school district involved from any funds allotted to said school district from State appropriations. Payment.

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Section 6. The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this Act. Rules. Section 7. The funds appropriated by virtue of the terms of this Act shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this Act shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the State of Georgia for each fiscal year shall fail to be sufficient to pay fully the entire appropriations made by the Appropriations Act, the funds appropriated by this Act shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly. Intent. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. CRIMESDEMONSTRATIONS ON OR NEAR STATE PROPERTY. No. 577 (Senate Bill No. 278). An Act to prohibit picketing, demonstrating, or other riotous conduct on, around, or adjacent to State property, to provide procedures connected with the same; to provide for penalties; 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 or persons to engage in picketing, demonstrating, or other riotous conduct on, around or adjacent to State property, unless

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such person or persons shall have obtained a permit from the Governor's office. Such permit shall only be issued by the unanimous consent of the Governor, the Lieutenant Governor, and the Speaker of the House. Any person or persons violating the provisions of this Act shall be punished for a misdemeanor as otherwise provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. CREDIT UNIONS. Code Chapter 25-1 Amended. No. 579 (House Bill No. 836). An Act to amend Code Chapter 25-1, relating to credit unions, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 114), an Act approved March 20, 1943 (Ga. L. 1943, p. 279), an Act approved March 9, 1956 (Ga. L. 1956, p. 742), and an Act approved March 17, 1960 (Ga. L. 1960, p. 977), so as to provide that members of the Board of Directors may serve on the Credit Committee; to provide for the appointment of loan officers; to provide for security for loans; to provide for an increase in the amount of supervisory fees payable annually by the credit unions to the Superintendent of Banks; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 25-1, relating to credit unions, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 114), an Act approved March 20, 1943 (Ga. L. 1943, p. 279), an Act approved March 9, 1956 (Ga. L. 1956, p. 742), and an Act approved March 17, 1960 (Ga. L. 1960, p. 977), is hereby amended by striking Code section 25-112, relating

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to the Board of Directors and the credit and supervisory committees, in its entirety, and inserting in lieu thereof a new section 25-112 to read as follows: 25-112. Board of directors. Credit and supervisory committees.At the annual meeting the members shall elect a Board of Directors, a Credit Committee and a supervisory Committee. No member of the Board shall be a member of the Supervisory Committee, but any member of the Board may be a member of the Credit Committee. All members of the Board, all members of the Committees, and all officers shall be sworn to faithfully perform the duties of their several offices, and shall hold them for such terms as may be determined by the By-laws. The oath shall be subscribed by the individuals taking it and certified by the officer before whom it is taken and shall immediately be transmitted to the Superintendent of Banks and filed and preserved in his office. Section 2. Said Code Chapter is further amended by striking Code section 25-115, relating to the approval of loans or advances by the credit committee and meetings, in its entirety, and inserting in lieu thereof a new section 25-115 to read as follows: 25-115. Approval of loans or advances by credit committee; meetings. The Credit Committee shall approve every loan or advance made by the corporation; except that the Credit Committee may appoint one or more loan officers, and delegate to any such officer the power to approve loans up to the unsecured limit, or in excess of such limit if such excess is fully secured by unpledged shares or deposits or both. Each loan officer shall furnish to the Credit Committee a record of each loan approved or not approved by him within seven days of the date of the filing of the application therefor. All loans not approved by a loan officer shall be acted upon by the Credit Committee. No individual shall have authority to disburse funds of the credit union for any loan which has been approved by him in his capacity as a loan officer. Not more than one member of the Credit Committee may be appointed as a loan officer. Every application for a loan shall be in writing, on a form prepared

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by the Board of Directors, and shall state the purpose for which the loan is desired and the security, if any, offered. Endorsement of a note or assignment of shares or deposits or both, in any credit union, shall be deemed security within the meaning of this section. No loan shall be made unless it has received the uananimous approval of the members of the Credit Committee present when the loan was considered, which number shall constitute at least a majority of the committee, nor if any member shall disapprove thereof, except loans approved by a loan officer acting within the authority delegated to him. An applicant for a loan may appeal to the Directors from the decision of the Credit Committee, if it is so provided in the By-laws and in the way and manner therein provided. The Credit Committee shall meet as often as may be required, after due notice has been given to each member. Section 3. Said Code Chapter is further amended by striking Code section 25-122, relating to reports to the Superintendent of Banks, fees for supervision, examination, revocation of certificates, illegal practices, and insolvency, in its entirety, and inserting in lieu thereof a new section 25-122 to read as follows: 25-122. Reports to Superintendent of Banks; examinations; revocation of certificate; illegal practices; insolvency. Credit unions shall be subject to the supervision of the Superintendent of Banks and shall make a report of conditions to him at least semiannually, upon call and on blank forms to be supplied by him. Returns shall be verified under oath of the president and treasurer and additional reports may be required by the said superintendent. The forms supplied to each credit union for reporting its financial condition shall set forth the following schedule of fees which shall be payable annually to the Superintendent of Banks for the supervision required herein: Such fee shall be the applicable amount specified in the following table, except that in no event shall such fee be less than $10: Total assets Maximum fee $500,000 or less 30 cents per $1,000.

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Over $500,000 and not over $1,000,000 $150, plus 25 cents per $1,000 in excess of $500,000. Over $1,000,000 and not over $2,000,000 $275, plus 20 cents per $1,000 in excess of $1,000,000. Over $2,000,000 and not over $5,000,000 $475, plus 15 cents per $1,000 in excess of $2,000,000. Over $5,000,000 $925, plus 10 cents per $1,000 in excess of $5,000,000. Unless otherwise authorized by the Superintendent of Banks, each credit union shall compute its supervision fee, payable under the foregoing schedule, and remit to said Superintendent when making the report of its financial condition at the end of its fiscal year. Any credit union which neglects to make the above reports and remit its supervision fee shall forfeit to the Treasurer of the State $10 for each day of such neglect, unless excused by the Superintendent of Banks. Each credit union shall be examined at least annually by the said Superintendent, or his duly authorized deputy. Said Superintendent may order other examinations and shall at all times be given free access to all of the books, papers, securities and other sources of information in respect to said credit union. For this purpose he shall have the power to subpoena and examine personally, or through one of his deputies, witnesses on oath and documents pertaining to the business of the credit union. Subject to the minimum fee of $20, each credit union shall pay for each annual examination and for any other examination ordered by the Superintendent at the rate of $40 per examiner day or 50 cents per $100 of assets whichever is the lesser; Provided that no fee will be charged a newly organized credit union for the first examination made within a year of the date its charter is approved. If a credit union neglects to make the required reports or

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to pay the charges herein required for 15 days, the Superintendent of Banks shall notify the credit union of his intention to revoke the certificate of approval. If said neglect or failure continues for another 15 days the Superintendent may revoke said certificate of approval and he, or one of his deputies, shall take possession of the business of such credit union and retain possession until such time as he may permit it to resume business or liquidate its affairs, pursuant to the banking laws of the State. If it appears to the Superintendent of Banks that a credit union has violated any of the provisions of this Chapter, he may, by an order made over his hand and official seal, after hearing or an opportunity for a hearing has been given said credit union, direct it to discontinue the illegal methods and practices. If a credit union is insolvent or has within a reasonable time, failed to comply with any order mailed to the last address filed by said credit union with said Superintendent, he shall immediately, or within a reasonable time thereafter, take possession of the business and property of the credit union and retain possession until such time as he may permit it to resume business or its affairs are finally liquidated. Section 4. The provisions of this Act shall become effective beginning with the year 1962. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACTAMENDED. No. 581 (House Bill No. 882). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 69), so as to provide for the redefinition of a lienholder; to provide for the redefinition of security interest; to provide for certain exclusions; to except certain liens and security interest from the operation of said Act; to require which vehicles are 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 provide for the Commissioner to keep records of issued certificates of title; to establish the content of the certificate of title; to provide for a mode of delivery of certificates of title; to provide for a procedure for transfer of ownership of certificate of title by operation of law; to provide an exclusive manner for the perfection of security interest in vehicles; to provide for a mechanic's lien; to provide for assignment by a lienholder; to establish a procedure for release of security interest; to place affirmative duties on a lienholder; to provide for the exclusiveness of procedure; to provide for establishment of security interest in a previously registered vehicle; to provide for preservation of an unsatisfied security interest in a previously registered vehicle; to provide for an effective date; to abolish deferred application of Act to previously registered vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 69), is hereby amended by striking from section 2, subsections (e) and (k) and inserting in lieu thereof new subsections (e) and (k) to read as follows: (e) Lienholder means a person holding a lien created by operation of law on a motor vehicle. Security interest

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holder means the holder of an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. Definitions. (k) Security interest means an interest in a vehicle reserved or created by agreement which secures the payment or performance of an obligation such as conditional sales contracts, chattel mortgages, bills of sale to secure debt, deeds of trust and the like. This term includes the interest of a lessor under a lease intended as security. Lien means any lien created by operation of law and not by contract or agreement with respect to a vehicle and includes all liens mentioned in Ga. Code 67-1701, other than this in subsection 5 thereof, and all liens for taxes due the United States of America, constructive notice of which is given by filing notice thereof in the office designated by State law. Section 2. Said Act is further amended by striking from section 4, subsection 2 in its entirety and inserting in lieu thereof the following: (2) A vehicle owned by a manufacturer of/or dealer in vehicles and held for sale, even though incidentally used on the highway or used for purpose of testing or demonstration; or a vehicle used by a manufacturer solely for testing; excepting that all dealers acquiring new vehicles after the effective date of this Act from a manufacturer for resale shall obtain such evidence of origin of title from the manufacturer as the Commissioner shall by rule and regulation prescribe. Evidence of title by dealers, etc. Section 3. Said Act is further amended by striking section 5 thereof in its entirety and inserting in lieu thereof the following: Section 5. This Act does not apply to or effect 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. Intent. Section 4. Said Act is further amended by striking section

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6 thereof in its entirety and inserting in lieu thereof the following: Section 6. (a) Except as provided in section 4, every owner of a vehicle, which is 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 to the vehicle according to the model of the vehicle. Such application is to be made in the following manner: All 1963 model vehicles and all successive model vehicles thereafter shall have a certificate of title. Provided, that by January 1, 1969, all model vehicles shall have a certificate of title. Once a vehicle is modeled in such a year as to bring it under the provisions of this Act, such vehicle, which is thereafter required to be registered in this State, shall have a Georgia Certificate of Title. Beginning with the effective date of this Act, all owners of vehicles which are brought into this State from a State with a Title Registration Act shall register that State's certificate of title in this State by making application to the Commissioner on the forms he prescribes. Provided, however, any person shall have the right to apply for a title on any model vehicle at any time after the passage of this Act. Applications for title. (b) When the owner of a vehicle is required to have a certificate of title, or is required to register another State's certificate of title in this State, according to this Act, the Commissioner shall not register or renew the registration of such vehicle until such certificate of title has been delivered to the Commissioner with a properly executed registration application. Section 5. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof the following: Section 7. The owner of an implement of husbandry or special 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

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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 and lien under this Act is not effective until the security interest holder and lien-holder have complied with the provisions of applicable law which otherwise relates to the perfection of security interests and liens in personal property other than motor vehicles. Farm equipment. Section 6. Said Act is further amended by striking from section 8 subsections (a) (3), (a) (4), (b) and (c) (2), and inserting in lieu thereof new subsections (a) (3), (a), (4), (b) and (c) (2) to read as follows: (a) (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 the holders of all security interests and liens in order of their priority and the dates thereof; and Applications. (a) (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 non-existence of security interests in the vehicle and liens on the vehicle. (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement 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) (2) Any other information and documents the Commissioner reasonably requires to establish the ownership of the vehicle and the existence or non-existence of security interests in it and liens against it. Section 7. Said Act is further amended by adding to section

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10 a new subsection to be known as subsection (d) and to read as follows: (d) The Commissioner shall maintain a record of all notices of lien filed by all lienholders (1) under the distinctive title number assigned to the vehicle, (2) Under the identifying number of the vehicle, (3) alphabetically under the name of the owner, and (4) under the vehicle's tag registration number. Upon inquiry and payment of such reasonable fee as the Commissioner may prescribe by rule or regulation, the Commissioner shall furnish a complete record of all notices of lien filed with him, with respect to any vehicle or owner thereof. A certified transcript of notices of lien shall be prima facie evidence of the existence thereof and any subsequent transferee, security interest holder of lienholder of the automobile shall be protected in relying upon such certified transcript with respect to liens, notice of which is required to be filed with the Commissioner as prescribed in section 21 (c). Commissioner's records. Section 8. Said Act is further amended by striking from section 11, subsection (a) (3) and (b) and inserting in lieu thereof new subsections (a) (3) and (b) to read as follows: (a) (3) The names and addresses of the holders of any security interest and of any lien with, respectively, the type of security agreement and the date thereof and the type of lien and date thereof 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. Certificate of title. (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 security interest holder and of a lienholder and the assignment or release of the security interest and lien. Section 9. Said Act is further amended by striking section 12 thereof in its entirety and inserting in lieu thereof the following:

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Section 12. (a) The certificate of title shall be mailed to the holder of the first security interest or lien named in it, or if none, to the owner. (b) If said certificate correctly reflects the security interest or lien of the holder, he shall then forward the certificate by mail or deliver to the next names holder of a lien or security interest in the vehicle or, in the absence of any such, then to the owner. Such mailing or delivery shall be within five (5) days (exclusive of holidays) after the receipt of the certificate by the holder of any security interest or lien. Same. (c) The owner of the vehicle shall have permanent custody of the certificate of title. Section 10. Said Act is further amended by striking from section 17 subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows: (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. If the last certificate of title not be available then the transferee shall forward such proof of transfer as the Commissioner may by regulation prescribe. Transfers of title. (b) If the interest of the owner is terminated, whether the vehicle is sold pursuant to a power contained in a security agreement or by legal process at the instance of the holder either of a security interest or a lien, the transferee shall promptly mail or deliver to the Commissioner the last certificate of title, if available, proof of transfer, his application for a new certificate in the form prescribed by the Commissioner, and an affidavit made by or on behalf of the holder of a security interest in or lien on the vehicle with respect to the termination of the interest of the owner. If the holder of a security interest or lien succeeds to the interest

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of the owner and holds the vehicle for resale, he need not secure a new certificate of title, but, upon transfer, shall promptly deliver to the transferee the last certificate of title, if available, and such other documents as the Commissioner may require by rule or regulation. Section 11. Said Act is further amended by striking section 21 thereof in its entirety and inserting in lieu thereof the following: Section 21. Perfection of security interest in and lien against a vehicle. (a) The security interest in a vehicle of the type for which a certificate of title is required shall be perfected and shall be valid against subsequent creditors of the owner, subsequent transferees and the holders of security interests and liens on the vehicle by compliance with the provisions of this Act. (b) A security interest is perfected by delivery to the Commissioner of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest, the date of his security interest 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 date of the delivery to the Commissioner. When the security interest is perfected as provided in this subsection (b), it shall constitute notice to everybody of the security interest of the holder. (c) The holder of any lien as defined in section 2 (k) hereof (excepting the holder of a mechanics' lien perfection for which is prescribed in section 22 shall perfect such lien and give notice thereof by filing with the Commissioner a claim of lien with such supporting information or affidavits as the Commissioner shall prescribe by rule or regulation. Immediately upon such filing the lien shall be valid and effective as against all subsequent lienholders, transferees and security interest holders.

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(d) If a vehicle is subject to a security interest or lien when brought into this State, the validity of the security interest or lien 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 was created or the lien 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 or lien in this State is determined by the law of this State. (2) If the security interest or lien 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 holder of a security interest or lien is shown on an existing certificate of title issued by that jurisdiction, his security interest or lien continues perfected in this State. (B) If the name of the holder of a security interest or lien is not shown on an existing certificate of title by that jurisdiction, the security interest or lien 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 or lien 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 or lien was not perfected under the law of the jurisdiction where the vehicle was when the security interest was created or the lien 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 or lien may be perfected under paragraph 2 (B) or paragraph (3) of this subsection either

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as provided in subsection (b) or by the holder of the security interest or lien delivering to the Commissioner a notice of the security interest or lien in the form the Commissioner prescribes and the required fee. Section 12. Said Act is further amended by striking section 22 thereof in its entirety and inserting in lieu thereof the following: Section 22. If an owner creates a security interest in or a mechanics' lien on 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 holder of the security interest or mechanics' lien on the certificate, showing the name and address of the holder and the date of the security agreement or mechanics' lien and cause the certificate, application and the required fee to be delivered to the security interest or the lienholder. (b) The holder shall immediately cause the certificate and 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 holder of the security interest or mechanics' lien, as well as previous unreleased holders of security interests and liens, if any, and mail the certificate to the first holder in it. If more than one holder is named on the certificate, each holder, after verifying the certificate's correctness, shall mail or deliver it to the next named holder within five (5) days after receiving the certificate. The last holder named on the certificate shall comply with the provisions of Section 12 (b) and mail or deliver the certificate of title to the owner within five (5) days (exclusive of holidays) if correct. Section 13. Said Act is further amended by striking section

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23 thereof in its entirety and inserting in lieu thereof the following: Section 23. 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 such special lien shall be superior to all liens except for taxes and such other liens and security interests of which the mechanic had actual or constructive notice 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. Mechanics liens. Section 14. This Act is further amended by striking section 24 in its entirety and inserting in lieu thereof the following: Section 24. (a) A holder of any security interest or lien may assign, absolutely or otherwise, his security interest in or lien on the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest or lien, but any person without notice of the assignment is protected in dealing with the holder of the security interest or lien and the holder of the security interest or lien remains liable for any obligations as holder of a security interest or lien until the assignee is named as the holder of a security interest or lien on the certificate. Assignmnt of liens. (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the Commissioner the certificate and assignment by the holder of a security interest or lien

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named in the certificate in the form the Commissioner prescribes. Section 15. This Act is further amended by striking section 25 in its entirety and inserting in lieu thereof the following: Section 25. (a) If any security interest or lien listed on the certificate of title is satisfied, the holder thereof, shall, within ten (10) days after demand, execute a release in the form the Commissioner prescribes and mail or deliver the release to the owner. Satisfaction of liens. (b) The owner shall then forward the certificate of title with the release to the Commissioner, who shall release the security interest or lien on the certificate or issue a new certificate, and mail or deliver the certificate to the owner. Section 16. This Act is further amended by striking section 26 in its entirety and inserting in lieu thereof the following: Section 26. The holder of any security interest or of any lien named in the certificate of title shall, on written request of the owner, or of another holder of any security interest or lien named in the certificate, or of an interested third party, or of the Commissioner, disclose any pertinent information as to the security interest, security agreement and debt secured thereby and the lien and the amount for which it is claimed. Information as to liens. Section 17. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof the following: Section 27. The method provided in this Act of perfecting and giving notice of security interests and liens with respect to motor vehicles as to which certificates of title need be obtained under the provisions of this Act, is exclusive and such security interest and liens are hereby exempt from the provisions of law which otherwise require or relate

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to the recording or filing of the security interests or liens, claims of lien executions and other like instruments with respect to such vehicles. Intent. Section 18. Said Act is further amended by striking section 39, which reads as follows: Section 39. Deferred application of Act to previously registered vehicles. Section 39 repealed. 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., in its entirety. Section 19. Said Act is further amended by striking section 40 in its entirety and inserting in lieu thereof the following: Section 40. On and after the effective date of this Act, notice of a lien against or the creation of a security interest in a previously registered vehicle for which no certificate of title or application for certificate of title is required, is perfected and given by the delivery to the Commissioner of a notice of a security interest in or lien against the vehicle in such form as the Commissioner may prescribe and the payment of the required fee. The security interest in and the notice of lien against a vehicle is perfected or given as of the time of creation if delivery of such notice is made within ten (10) days thereafter, otherwise as of the time of delivery to the Commissioner thereof. Notice of liens. Section 20. Said Act is further amended by striking section 41 in its entirety and inserting in lieu thereof the following:

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Section 41. If a security interest in or notice of lien against a previously registered vehicle is perfected under any other applicable law of this State prior to the effective date of this Act, the security interest continues perfected and notice continues to be given: Intent. (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 years and nine months from the date this Act takes effect; and (c) thereafter if notice be given prior to such lapse in accordance with the first sentence of section 40. Section 21. Said Act is further amended by striking section 47 in its entirety and inserting in lieu thereof the following: Section 47. This Act shall take effect July 1, 1962. Effective date. Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. GEORGIA STATE HIGHWAY AUTHORITY ACTBONDS. No. 583 (House Bill No. 1194). An Act to amend an Act known as the Georgia State Highway Authority Act, approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), and an Act approved January 18, 1961 (Ga. L. 1961, p. 1), so as to increase the maximum sum of the principal amount of bonds which may be outstanding at any one time and which are issued by resolution of the Authority; 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 known as the Georgia Highway Authority Act, approved March 25, 1953 (Ga. L. 1953, p. 626), as amended by an Act approved February 3, 1959 (Ga. L. 1959, p. 11), and an Act approved January 18, 1961 (Ga. L. 1961, p. 1), is hereby amended by striking from section 14 of said Act the figure 130,000,000 and by inserting in lieu thereof the figure $134,000,000, so that when so amended said section 14 shall read as follows: Amount of bonds. 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 $134,000,000 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 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962.

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GUARDIAN AND WARDSERVICE ON WARD OF CERTAIN CITATIONS FROM COURTS OF ORDINARY. Code 49-204 Amended. No. 584 (House Bill No. 909). An Act to amend Code section 49-204, relating to notice of application for order to sell and reinvest the estate of a ward, as amended, particularly by an Act approved March 4, 1960 (Ga. L. 1960, p. 170), so as to provide that service shall not be necessary under certain circumstances; to provide that where service is not made upon the ward the reason therefor shall be stated; to validate prior acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-204, relating to notice of application for order to sell and reinvest the estate of a ward, as amended, particularly by an Act approved March 4, 1960 (Ga. L. 1960, p. 170), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 49-204 to read as follows: 49-204. When a sale, lease, exchange or encumbrance of the ward's estate, or any part thereof, shall be deemed necessary or in the best interests of the ward, the guardian may file with the ordinary a petition setting forth the facts, terms and reasons for making the proposed sale, lease, exchange or encumbrance. Citation shall be issued thereon and copy of the petition and citation shall be served personally upon the ward, if he is over 14 years of age. Provided, however, it shall not be necessary to serve the ward if he is a patient in a hospital, sanitarium, or other or similar institution, operated by the State of Georgia or any other State of these United States; or any agency or political subdivision thereof, or operated by the United States Veterans Administration or any other Federal agency or instrumentality. The citation only shall be published once a week for four weeks in the newspaper in which the

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sheriff's advertisements for that county appear. On or after the date appointed in the citation the ordinary may consider the petition, hear evidence thereon, and if the proposed transaction is fair and in the best interests of the ward, he shall issue an appropriate order permitting the sale, lease, exchange or encumbrance; however, the ordinary, if he deems it advisable, may require any sale of the ward's property, to be held publicly and subject to the confirmation of the court. The provisions hereof are cumulative and not exclusive of other provisions of the law authorizing sales by guardians. Where service is not made upon the ward it shall be the duty of the ordinary to determine the reason therefor and state such reason in his order. Section 2. This Act shall be construed as declaratory of the existing law and all proceedings had thereunder heretofore are hereby declared to be valid and in conformity of the law and intention of the General Assembly. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. STATE BOARD OF WORKMEN'S COMPENSATIONSALARIES. No. 586 (House Bill No. 724). An Act to amend an Act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 367), and an Act approved March 16, 1960 (Ga. L. 1960, p. 812), so as to provide for the compensation of the chairman and other two members of the board and persons in the employ of the board; 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 creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 367), and an Act approved March 16, 1960 (Ga. L. 1960, p. 812), is hereby amended by striking the last sentence of section 3 and inserting in lieu thereof the following: The chairman of the Workmen's Compensation Board shall be compensated in the amount of fifteen thousand five hundred ($15,500) dollars per annum, payable in semi-monthly installments, and each of the other two members of the board shall be compensated in the amount of fifteen thousand ($15,000) dollars per annum, payable in semi-monthly installments. The compensation of all other persons in the employ of the board shall be fixed by the board, except for such persons who are under the provisions of merit system laws and rules and regulations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. BANKS AND BANKINGSTOCK IN SMALL BUSINESS INVESTMENT COMPANIES. No. 587 (House Bill No. 837). An Act to amend section 23 of Article XIX of the Banking Law of Georgia, as the same is codified in section 13-2023, of the Code of Georgia of 1933, as amended by an Act approved January 26, 1950 (Ga. L. 1950, p. 18), and by an Act approved February 19, 1951 (Ga. L. 1951, p. 284), and by an Act approved March 7, 1957 (Ga. L. 1957, p. 275), and by an Act approved March 17, 1958 (Ga. L. 1958, p. 133), and an Act approved March 17, 1959 (Ga. L. 1959, p. 238), and relating to the purchase

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and ownership of stocks, bonds and other investment securities by banks, so as to provide that in no event shall any such bank hold shares in Small Business Investment Companies in an amount aggregating more than two per cent of its capital and unimpaired surplus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 23 of Article XIX of the Banking Law of Georgia, as the same is codified in section 13-2023, of the Code of Georgia of 1933, as amended by an Act approved January 26, 1950 (Ga. L. 1950, p. 18), and by an Act approved February 19, 1951 (Ga. L. 1951, p. 284), and by an Act approved March 7, 1957 (Ga. L. 1957, p. 275), and by an Act approved March 17, 1958 (Ga. L. 1958, p. 133), and by an Act approved March 17, 1959 (Ga. L. 1959, p. 238), is hereby amended by striking from the first paragraph of subparagraph (f), the word one and substituting in lieu thereof the word two, so that when so amended said subparagraph shall read as follows: (f) Provided further that shares of stock in Small Business Investment Companies incorporated and organized under and pursuant to the Acts of Congress, and doing business in this State, shall be eligible for purchase and ownership by banks incorporated under the laws of this State, which are members of the Federal Reserve System, and nonmember insured banks; except that in no event shall any such bank hold shares in Small Business Investment Companies in an amount aggregating more than two per cent of its capital and unimpaired surplus. Nothing in this section is to be construed as applying to savings banks doing a savings business only; or as applying to securities actually owned by a bank on January 1, 1920; or as applying to securities actually owned by a bank at the time this section becomes effective. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962.

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NATURAL GUARDIAN DEFINED. Code 49-102 Amended. No. 596 (House Bill No. 773). An Act to amend Code section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, so as to provide that the father, if alive, unless otherwise provided, is a natural guardian; if the father is dead or is not domiciled with the mother, the parent having custody of the child is the natural guardian; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code section 49-102, relating to natural guardians and the appointment of another guardian in the event the natural guardian fails or refuses to give bond or surety, is hereby amended by striking the sentence The father, if alive, is the natural guardian; if dead, the mother is the natural guardian., and inserting in lieu thereof the following sentence The father, if alive, unless otherwise provided herein, is the natural guardian; if the father is dead of if the father is not domiciled with the mother, the parent having custody of the child is the natural guardian., so that when so amended said Code section shall read as follows: 49-102. The father, if alive, unless otherwise provided herein, is the natural guardian; if the father is dead or if the father is not domiciled with the mother, the parent having custody of the child is the natural guardian. The natural guardian may not demand or receive the property of the child until a guardian's bond shall be filed and accepted by the ordinary of the county. If such natural guardian shall fail or refuse to give bond and surety, the ordinary may appoint another guardian to receive such property.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. ELECTIONSMETHOD OF MAKING A WRITE-IN VOTE. No. 597 (House Bill No. 788). An Act to provide for a blank space on each ballot used in any election held to fill public office; to provide for the voter to insert in the blank space the names of persons as write-in candidates; to require that such insertion shall be by manual write-in; to prohibit the insertion of such names outside the blank space or by the use of stickers, pasters or other printed or written matter; to prescribe the method of making a write-in vote; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each ballot used in any general or special election held to fill public office shall contain a sufficient blank space, appropriately identified, for the voter to insert therein the name of any person he desires to vote for whose name is not on the ballot, and the name of any such person inserted on the ballot shall be manually written only within such blank space and the insertion of such name outside the blank space or by the use of a sticker, paster, or other printed or written matter is prohibited and the same shall be disregarded in the counting of votes. A voter desiring to vote for a person whose name is not on the ballot shall write his name in such blank space accompanied by the title of the office involved and shall mark out the name of his counterpart in the column of any party voted for. The failure to make such a mark out will void the vote for the person whose name is written in.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. FORSYTH SUPERIOR COURTTERMS. No. 598 (House Bill No. 925). An Act to change the time of holding Forsyth Superior Court, so as to provide that the November term will be held on the second Monday in November; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The November term of Forsyth Superior Court shall commence on the second Monday in November in every year instead of the third Monday in November, as now provided for by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. CODE 92-4101 THROUGH 92-4104 NOT APPLICABLE TO CITY OF SPRINGFIELD. Code 92-4101 Amended. No. 617 (House Bill No. 898). 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 Springfield shall not be affected by the provisions of Code section 92-4101 through 92-4104; 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 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 Springfield, 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, nor the City of Springfield. 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 1962 session of the General Assembly of Georgia a bill to exempt the City of Springfield from the provisions of Code 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. This 2nd day of January, 1962. Respectfully, /s/ B. F. Arnsdorff, State Representative, Effingham County, Georgia.
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Georgia, Effingham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. F. Arnsdorff, who, on oath, deposes and says that he is Representative from Effingham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald, which is the official organ of said county, on the following dates: January 5, 12 and 19, 1962. /s/ B. Frank Arnsdorff, Representative, Effingham County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia a bill to exempt the City of Springfield from the provisions of Code 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. This 2nd day of January, 1962. Respectfully, B. F. Arnsdorff State Representative Effingham County, Georgia. Sworn to and subscribed before me, this 20th day of January, 1962. /s/ George W. Fetzer, Notary Public, Georgia, State at Large. My commission expires March 6, 1963. (Seal). Approved February 26, 1962.

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TOBACCO BOARDS OF TRADE. No. 621 (House Bill No. 442). An Act to authorize the organization of Tobacco Boards of Trade and to provide their membership, powers, duties and authority; to provide for rules and regulations; to provide membership fees; to provide for membership as a requirement for the participation in the business of operating a tobacco warehouse; to provide for penalties; 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. Tobacco warehousemen licensed and bonded under the laws of this State to operate warehouses for the sale of leaf tobacco at auction are hereby authorized to organize, either as non-stock corporations or voluntary associations, Tobacco Boards of Trade in the several municipalities of this State in which leaf tobacco is sold on warehouse floors at auction. Authority to establish. Section 2. In the event there are two such warehousemen in a municipality and in the event the two cannot agree as to the organization of any such board, or cannot agree as to any matter authorized under the provisions of this Act, it shall be the duty of each, upon notice or request by the other, to appoint one disinterested person, and the two persons so appointed shall appoint a third disinterested person, and the three persons so appointed, with the two warehousemen, shall determine the associations involved in the controversy, or failure to agree, by a majority vote. Arbitration. Section 3. Each such Tobacco Board of Trade is hereby authorized to make reasonable rules and regulations not in conflict with the laws of this State and the rules and regulations promulgated thereunder, for the economical and efficient handling and sale of leaf tobacco at auction on the warehouse floors in the municipality in which the Tobacco Board of Trade is organized hereunder. Rules. Section 4. The Tobacco Boards of Trade in the several

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municipalities in Georgia are authorized to require as a condition to membership therein the payment of a reasonable fee which shall not exceed the amount set out hereinafter: fifty and no/100 dollars ($50.00) in those municipalities in which less than 3,000,000 pounds of tobacco was sold at auction during the year 1960; one hundred and no/100 dollars ($100.00) in those municipalities in which not less than 3,000,000 pounds but less than 10,000,000 pounds of tobacco was sold at auction during the year 1960; one hundred fifty and no/100 dollars ($150.00) in those municipalities in which not less than 10,000,000 pounds but less than 25,000,000 pounds of tobacco was sold at auction during the year 1960; three hundred and no/100 dollars ($300.00) in those municipalities in which 25,000,000 pounds or more of tobacco was sold at auction during the year 1960. Fees. Section 5. In addition to complying with the laws of this State relative to the operation of tobacco warehouses, local Boards of Trade may require membership in good standing in the local Board of Trade as a condition to participate in the business of operating a tobacco warehouse in such municipality, and such requirement shall be deemed a reasonable requirement by the Board of Trade. Membership required. Section 6. Membership in the several Boards of Trade may be divided into categories as the board may provide in its by-laws, and may include, in addition to warehousemen, members other than warehousemen. The holder of a membership other than a warehouseman shall not participate in the allocation of sale time among the warehousemen. The Board of Trade may provide for the participation of membership other than warehousemen in matters other than the allocation of sales time. Members in any of the several Boards of Trade authorized hereby shall not be responsible or liable for any of the acts, omissions, or commissions of the several Tobacco Boards of Trade except as to the extent of their participation therein. Classes of members. Section 7. Any person suspended or expelled from a Tobacco Board of Trade may appeal from such suspension or expulsion to the superior court of the county in which said Board of Trade is located. Such appeal shall be a de novo

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investigation by the court and the court in considering the appeal may make such findings in relation thereto as the circumstances may warrant. Appeals. Section 8. Nothing in this Act shall authorize the organization of any association or corporation having for its purpose the control of prices or the making of rules and regulations in restraint of trade or in conflict with the laws of this State or rules and regulations promulgated thereunder. Nothing contained herein shall supersede, alter, amend or repeal the authority of the Commissioner of Agriculture to regulate the sale of leaf tobacco as provided by law. Intent. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. NOTARIES PUBLIC. No. 622 (House Bill No. 830). An Act to amend an Act concerning notaries public who are stockholders, directors or employees of banks or other corporations, approved March 25, 1958 (Ga. L. 1958, p. 313), so as to clarify certain 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 concerning notaries public who are stockholders, directors or employees of banks or other corporations, approved March 25, 1958 (Ga. L. 1958, p. 313), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. It shall be lawful for any notary public who is a stockholder, director, officer or employee of a bank or other corporation to take the acknowledgment of any party

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to any written instrument executed to or by such corporation. Any such notary public may act and sign as official witness to the execution by any party of any written instrument executed to or by such bank or other corporation. Any such notary public may administer an oath to any other stockholder, director, officer, employee or agent of such bank or other corporation, or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation. Provided, that it shall be unlawful for any notary public to act and sign as official witness to, or take the acknowledgment of, an instrument executed by or to a bank or other corporation of which he is a stockholder, director, officer or employee where such notary would be witnessing or acknowledging his own signature as it appears on the instrument either in his capacity as an individual or in his representative capacity with the bank or other corporation, or to protest any negotiable instrument owned or held for collection by such bank or other corporation where such notary is individually a party to such instrument. Authority defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. GEORGIA PERMIT ACT. Code Chapter 84-13 Amended. No. 623 (House Bill No. 250). An Act to be known as the Georgia Permit Act; to safeguard the public health and promote the public welfare; to require the obtaining of a permit to operate, maintain, open or establish a pharmacy, drug store or establishment that manufactures, prepares, produces or packages drugs, medicines, toilet articles, cosmetics or dentifrices; to provide for the annual registration thereof; to provide for applications for permits; to provide for permit fees;

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to provide for the issuance of permits and the annual renewal thereof; to provide for the refusal to issue permits; to provide that permits are not transferable; to provide for the temporary continuance of permits upon the death of a permit holder; to provide for the expiration of permits; to provide that registered pharmacies and drug stores shall be in the direct charge of a registered pharmacist; to provide that such registered establishments shall be in the direct charge of a registered pharmacist or such person as approved by the Board; to provide for the revocation of permits; to provide for the displaying of permits; to provide for rules and regulations; to provide for enforcement; to provide for the employment of field agents, clerical help and other qualified persons; to provide for penalties and punishment; to require certain pharmaceutical equipment for drug stores and pharmacies; to provide an effective date; to provide for hearings on complaints; to amend Code Chapter 84-13, as amended, relating to pharmacists; to amend an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), relating to medicines, drugs and poisons and the Board of Pharmacy, to provide that certain merchants, manufacturers, distributors or dealers are not required to obtain permits as provided under the Georgia Permit Act; to amend Code section 84-1301, relating to the definition of drug store and Pharmacy, to provide a new definition and supervision by pharmacists; to amend Code section 84-1307, relating to compensation of members of the board, so as to provide an increase in said compensation; to amend Code section 84-1314, relating to examination fees, so as to provide an increase in said fees to amend Code section 84-1315, relating to the licensing of non-resident pharmacists, so as to provide for increase in the fee; to amend Code section 84-1319, as amended, relating to annual registration of pharmacists, so as to provide an increase in the annual registration fee; 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 Permit Act. Short title.

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Section 2. The Board of Pharmacy shall require and provide for the annual registration of every pharmacy or drug store, as defined, doing business in this State. Any person, firm, corporation or co-partnership desiring to operate, maintain, open or establish a pharmacy or drug store, as defined, in this State, shall apply to the Board of Pharmacy for a permit to do so. The application for such permit shall be made on a form prescribed and furnished by the Board of Pharmacy, which when properly executed, shall indicate the owner, manager, trustee, lessee, receiver, or other person or persons desiring such permit, as well as the location of such pharmacy or drug store, including street and number, and such other information as the Board of Pharmacy may require. If it is desired to operate, maintain, open or establish more than one pharmacy or drug store, separate applications shall be made and separate permits shall be issued for each. Every application for a permit shall be accompanied by the required fee of $25.00 for a new permit, and the amount of $15.00 shall be paid annually thereafter for renewal of such permit. If an application is found satisfactory, the secretary of the Board of Pharmacy shall issue to the applicant a permit for each pharmacy or drug store for which application is made. Permits issued under this section shall not be transferable and shall expire on the thirtieth day of June of each calendar year, and if application for renewal of permit is not made or a new one granted on or before the first day of September, following, the old permit shall lapse and become null and void. Every such place of business so registered shall be in direct charge of a registered pharmacist and operate in compliance with the general provisions governing the practice of the profession of pharmacy and the operation of a drug store or pharmacy. Permits. Section 3. Permits issued under the provisions of section 1 of this Act shall be posted in a conspicuous place in the drug store or pharmacy for which issued; such permits shall not be transferable, and shall expire on the thirtieth day of June following the date of issue and shall be renewed on or before the first day of September. Permit to be posted. Section 4. Any person, firm, corporation, co-partnership

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or permittee hereunder who shall violate any of the provisions of section 2 and 3 of this Act or of the rules and regulations adopted by the Board of Pharmacy in pursuance of the powers hereby conferred, shall, upon conviction, be deemed guilty of a misdemeanor and for the first offense shall be fined not to exceed $100.00, or shall be imprisoned in the county jail not to exceed six months, or both such fine and imprisonment, in the discretion of the court, and each and every day that such violation continues constitutes a separate offense. Crimes. Section 5. Any person, firm, corporation, co-partnership or permittee hereunder who shall have been convicted of two or more successive violations of the provisions of section 2 and 3 of this Act or of the rules and regulations adopted by the Board of Pharmacy in pursuance of the powers hereby conferred, shall at the discretion of the Board of Pharmacy have such permit permanently revoked, and the Board of Pharmacy is hereby authorized to refuse the issuance of further permits to such person, firm, corporation, co-partnership or permittee. Power of Board of Pharmacy. Section 6. Every registered drug store or pharmacy must be equipped with proper pharmaceutical utensils so that prescriptions can be properly filled and United States Pharmacopoeia and National Formulary preparations properly compounded. The Board of Pharmacy shall prescribe the minimum of such professional and technical equipment which a pharmacy or drug store shall at all times possess. Equipment. Section 7. Any person, firm, corporation, co-partnership or permittee hereunder who shall violate any of the provisions of section 6 of this Act shall, upon conviction, be deemed guilty of a misdemeanor and fined not more than $50.00, and no permit shall be issued or continued for the conducting of a pharmacy or drug store which has not complied with the provisions of section 6 of this Act. Crimes. Section 8. No drugs, or medicines, or toilet articles, dentifrices, or cosmetics, shall be manufactured, made, produced, packed, packaged or prepared within the State, except under the personal and immediate supervision of a

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registered pharmacist or such other person as may be approved by the Board of Pharmacy, after an investigation and determination by the said board that they are qualified by scientific or technical training or experience to perform such duties of supervision as may be necessary to protect the public health and safety; and no person shall manufacture, make, produce, pack, package or prepare any such articles without first obtaining a permit to do so from the Board of Pharmacy. Such permit shall be subject to such rules and regulations, with respect to sanitation or equipment, as the said Board of Pharmacy may from time to time adopt for the protection of the public health and safety. Manufacturers of drugs, etc. The application for such permit shall be made on a form to be prescribed and furnished by the said Board of Pharmacy and shall be accompanied by the required fee of $25.00, and the amount of $15.00 shall be paid as the fee for each annual renewal of such permit. Separate applications shall be made and separate permits issued for each separate place of manufacture, making, producing, packing, packaging or preparation. Permits issued under the provisions of this section shall be posted in a conspicuous place in the factory or place for which issued; such permits shall not be transferable, and shall expire on the thirtieth day of June following date of issue and shall be renewed on or before the first day of September, following, the old permit shall lapse and become null and void. Nothing in this Section shall be construed to apply to those operating registered pharmacies or drug stores. Section 9. Any person, firm, corporation, co-partnership or permittee, violating any of the provisions of section 8 of this Act or any of the rules and regulations adopted by the said Board of Pharmacy in pursuance of the power hereby conferred shall, upon conviction, be deemed guilty of a misdemeanor and for the first offense shall be fined not to exceed one hundred dollars, or shall be imprisoned in the county jail not to exceed six months, or both such fine and imprisonment, in the discretion of the court, and

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each and every day that such violation continues shall constitute a separate offense. Crimes. Section 10. Any person aggrieved by the rules and regulations promulgated by the said Board of Pharmacy under the provisions of this Act shall be entitled to have his complaint set down for a hearing by said board. Requests for such hearing shall be made in writing and shall specify in detail the basis for the complaint, and the hearing shall be held within ten days from the date of the receipt of said request by the said board unless postponed by mutual agreement. The said board shall have the power to make such rules and regulations with respect to the conduct of such hearings as may be necessary. Appeals. Any person, firm, corporation, co-partnership or permittee that is refused a permit, or whose permit is revoked or suspended by the board, shall be entitled to appeal to a jury in Superior Court of the county in which the business is located, said appeal to be had as in other cases provided by law upon payment of costs or the making of the affidavit in lieu thereof as provided by law in other cases. Service shall be perfected as now required by law in civil actions and the board shall submit to the jurisdiction of said court. Section 11. The Board of Pharmacy shall make such rules and regulations and publish such rules and regulations to each holder of a permit, not inconsistent with law, as necessary, to carry out the purposes and enforce the provisions of this Act and is hereby authorized to revoke any permit issued under the provisions of this Act at any time when examination or inspection shall disclose that such a place of business is not being conducted according to law. Rules. Section 12. The Board of Pharmacy shall have the power and authority to employ field agents, clerical help and other qualified personnel, as may be necessary to carry out the purposes and enforce the provisions of this Act. Enforcement of Act. Section 13. It shall be the duty of each county prosecuting attorney to whom the Board of Pharmacy or some

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other person shall report any violations of this Act to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided. Same. Section 14. The Board of Pharmacy or any person, corporation or association, in addition to the remedy set forth, may apply to a court having competent jurisdiction over the parties and subject matter, for a writ of injunction to restrain repetitious violations of the provisions of this Act. Injunctions. Section 15. Upon the death of a person to whom a permit has been issued under the provisions of this Act, and timely notification thereof to the Board of Pharmacy, the permit issued to such deceased person shall continue in full force and effect for a period of 60 days from the date of the death of such person, and without the necessity of renewal, as provided, for and during the 60 day period, subject, however, to the other provisions contained herein and applying to permit holders in life. Death of permit holder. Section 16. Code section 84-1301, relating to the definition of the term drug store or pharmacy, is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: 84-1301. The term `drug store' or `pharmacy' shall be construed to mean and include any store or other place in which drugs, medicines, chemicals, poisons, or prescriptions are compounded, dispensed, or sold at retail, or which use the title `drug store', `pharmacy' or apothecary or any combination of such titles or any title or description of like import. Drug store defined. 84-1301 (a). Drugs, medicines, chemicals or poisons shall be dispensed, compounded or sold at retail only under the direction and direct supervision of a licensed and registered pharmacist of the State of Georgia. Sale of drugs, etc. Section 17. Code section 84-1307, relating to compensation of members of the board, is hereby amended by striking

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the words the sum of 15.00 per day and inserting in lieu thereof the words the sum of $25.00 per day, so that said section when so amended shall read: 84-1307. The members of said Board of Pharmacy shall receive as their compensation the sum of $25.00 per day while in the actual performance of their duties as members of said board, and in addition shall receive their actual traveling expenses while in the performance of their duties on said Board, such compensation to be paid out of the funds received by the Joint-Secretary, State Examining Boards, under the provisions of this chapter and in accordance with the provisions of chapter 84-1. Compensation of Board. Section 18. Code section 84-1314, relating to examination fees, is hereby amended by striking the words an examination fee of $15.00 and inserting in lieu thereof the words an examination fee of $25.00, so that said section when so amended shall read: 84-1314. Applicants for examination as registered pharmacists under this Chapter shall pay to the Joint-Secretary, State Examining Boards, an examination fee of $25.00. All fees shall be paid to such Secretary at the time of the filing of the application for examination. Any applicant failing to make the required mark shall be entitled to another examination without any additional charge, provided he shall take the second examination within one year from time of taking the first examination. Examination fees. Section 19. Code section 84-1315, relating to the licensing of non-resident pharmacists, is hereby amended by inserting after the word character the words, and upon payment of a fee of $50.00 to the board, so that said section when so amended shall read: 84-1315. The Board of Pharmacy may in its discretion grant licenses as pharmacists to persons who shall furnish proof that they have been registered as such in some other State, and that they are of good moral character, and upon payment of a fee of $50.00 to the board: Provided, that such other State in its examination shall require the same

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general degree of fitness as is required by the examination in this State. Same, non-residents. Section 20. Code section 84-1319, as amended, relating to annual registration of pharmacists, is hereby amended by striking the words annual registration fee of $2 to the Joint-Secretary, and inserting in lieu thereof the words annual registration fee of $5.00 to the Joint-Secretary, so that said section when so amended shall read: 84-1319. Every person who shall be duly licensed under the provisions of this chapter, shall, annually, before engaging in any business under said license, register in the office of the Joint-Secretary, State Examining Boards; said registration shall be entered in a book to be kept for that purpose by said Secretary and shall show the registrant's name, nationality, and credentials and date thereof under which he is entitled to engage in such vocation at the time of filing such registration, and a certificate of such registration, stating the terms of the same, shall be given him by said Secretary. Said registration shall show the name and address of the registrant's employer or if he be the owner or proprietor of a drug store or pharmacy it shall show the exact location thereof. Notice of any change of employment or change of business address shall be filed with the Joint-Secretary within 10 days after such change. Each registrant shall pay an annual registration fee of $5.00 to the Joint-Secretary. Any violation of this section shall be ground for revocation or suspension of license. Annual registration fees. Section 21. Section 5 of an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), relating to medicines, drugs and poisons and the Board of Pharmacy, is hereby amended by inserting after the word Act the following words: nor shall any such merchant, manufacturer, distributor or dealer be required to obtain a permit from the Board of Pharmacy as required under the provisions of the Georgia Permit Act, so that said section, when so amended shall read as follows: Section 5. This Act shall not be construed to prohibit

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the sale by merchants of home remedies, not poison, or the sale by merchants of preparations commonly known as patent or proprietary preparations when sold only in the original and unbroken packages; nor shall it apply to manufacturers, distributors or dealers selling, compounding, or mixing for sale poisons, sprays, or dusts commonly used for agricultural purposes on orchards, field crops, gardens, or truck crops, biologics, medicines, or remedies used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock, or to remedies or powders used for the destruction of rats, roaches, bugs or other pests, Paris green, arsenate of copper, arsenate of lead, or preparations containing any of these articles used for killing bugs, worms, and insects, or any other preparations not intended for human consumption or use on human beings, provided the labels, cartons, and packages containing such preparations which are poisonous have the word `Poison' printed across the face, and conform to the United States Pure Food and Drug Act; and those other than druggists shall not be required to register under the provisions of this Act; nor shall any such merchant, manufacturer, distributor or dealer be required to obtain a permit from the Board of Pharmacy as required under the provisions of the Georgia permit Act. Exemptions. Section 22. Section 9. (a) of an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), relating to medicines, drugs and poisons and the Board of Pharmacy, is hereby amended by inserting after the word Act the following words: or to obtain a permit from the Board of Pharmacy as required under the provisions of the Georgia Permit Act, so that said Section when so amended shall read as follows: Section 9. Nothing in this Act shall require mixers of, manufacturers of, dealers in or dispensers of any agricultural poison, dust, spray, insecticide or fungicide or rodenticide normally used for agricultural purposes or not intended for human consumption, to conform to the provisions of this Act; or to obtain a permit from the Board of Pharmacy as required under the provisions of the Georgia Permit Act. Same.

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Section 23. The provisions of this Act shall become effective July 1, 1962. Effective date. Section 24. The provisions of this Act shall not apply to physicians, dentists, or veterinarians prescribing or putting up their own prescriptions and dispensing medicines to their own patients. Exemptions. Section 25. The unconstitutionality of any part of this Act shall not have the effect of invalidating any other part thereof. Severability. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. USED CAR DEALERS' REGISTRATION ACTAPPLICABLE IN CERTAIN COUNTIES. No. 624 (House Bill No. 556). An Act to amend an Act known as the Used Car Dealers' Registration Act, approved February 20, 1958 (Ga. L. 1958, p. 55), as amended particularly by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), so as to provide that said Act shall be applicable in all counties having a population of not less than 14,500 nor more than 14,900 according to the 1960 census or any future census; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Used Car Dealers' Registration Act, approved February 20, 1958 (Ga. L. 1958, p. 55) as amended particularly by an Act approved March 9, 1960 (Ga. L. 1960, p. 801), is hereby amended by adding at the end of section 16 thereof, the following language: Provided further, and in addition to the above the provisions of this Act shall likewise be applicable in all counties

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having a population of not less than 14,500 nor more than 14,900 according to the 1960 census or any future census. so that when so amended section 16 shall read as follows: Section 16. The provisions of this Act shall be applicable only to used car dealers whose place of business is in counties which have a population of 50,000 or greater according to the 1950 United States Census or any future census. Provided further, the provisions of this Act shall likewise be applicable in all counties having a population of not less than 14,500 nor more than 14,900 according to the 1960 census or any future census. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. NAME OF SOIL CONSERVATION DISTRICTS LAW CHANGED. No. 630 (House Bill No. 823). An Act to amend an Act known as The Soil Conservation Districts Law, approved March 26, 1937 (Ga. L. 1937, p. 377), as amended by an Act approved March 6, 1945 (Ga. L. 1945, p. 190), an Act approved February 15, 1949 (Ga. L. 1949, p. 584), an Act approved February 16, 1950 (Ga. L. 1950, p. 293), an Act approved February 21, 1951 (Ga. L. 1951, p. 695), an Act approved February 23, 1955 (Ga. L. 1955, p. 257), an Act approved March 17, 1960 (Ga. L. 1960, p. 973), so as to change the name of said Act; to change the name of The State Soil Conservation Committee created in the Act; to change the name of the districts created under said 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 Soil Conservation Districts Law, approved March 26, 1937 (Ga. L. 1937, p.

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377), as amended by an Act approved March 6, 1945 (Ga. L. 1945, p. 190), an Act approved February 15, 1949 (Ga. L. 1949, p. 584), an Act approved February 16, 1950 (Ga. L. 1950, p. 293), an Act approved February 21, 1951 (Ga. L. 1951, p. 695), an Act approved February 23, 1955 (Ga. L. 1955, p. 257), an Act approved March 17, 1960 (Ga. L. 1960, p. 973), is hereby amended by striking from said Act the words Soil Conservation Districts Law wherever they may appear and inserting in lieu thereof the words Soil and Water Conservation Districts Law. Title. Section 2. Said Act is further amended by striking from said Act the words Soil Conservation Committee wherever they may appear and inserting in lieu thereof the words Soil and Water Conservation Committee. Section 3. Said Act is further amended by striking from said Act the words Soil Conservation Districts wherever they may appear and inserting in lieu thereof the words Soil and Water Conservation Districts. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. SELECTION OF JURORS. Code 59-108 Amended. No. 635 (House Bill No. 867). An Act to amend Code section 59-108, relating to the method by which jurors' names shall be selected from the jury box, so as to provide that the grand jury in each county shall have the option to permit the selection of all traverse jurors in courts designated by the grand jury, with certain exemptions, from the same jury box; 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: Section 1. Code section 59-108, relating to the method by which jurors' names shall be selected from the jury box, is hereby amended by adding to said section the following: Provided that the grand jury in each county shall have the option of permitting the selection of citizens to serve as traverse jurors in courts designated by said grand jury within the county, except the Justice of the Peace Courts, the Coroner's Courts and the Ordinary's Courts, 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 commissioners shall place the tickets containing the name of traverse jurors in a separate box from which traverse jurors shall be drawn. Provided that the grand jury in each county shall have the option of permitting the selection of citizens to serve as traverse jurors in courts designated by said grand jury within the county, except the Justice of the Peace Courts, the Coroner's Courts and the Ordinary's Courts, 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 February 27, 1962.

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MUNICIPALITIESMETHOD OF ANNEXING TERRITORY. No. 639 (House Bill No. 1081). An Act to provide an alternative method for annexing territory to the municipalities of this State by action of the municipal governing bodies upon written request of 100% of the property owners in the affected area; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Authority is hereby granted to the governing bodies of the several incorporated municipalities of this State to annex to the existing corporate limits thereof unincorporated areas contiguous to the existing corporate limits at the time of such annexation, upon the written and signed applications of all of the owners of all of the land proposed to be annexed containing a complete description of the lands to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special act of the General Assembly; Provided, however, that the provisions of this Act shall not apply to any municipality within a county having a population of 100,000 or more persons according to the United States Census of 1960 or any future such census. Section 2. Contiguous area shall mean any area which, at the time annexation procedures are initiated, either abuts

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directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the right of way of a railroad or other public service corporation, lands owned by the city of some other political subdivision, or lands owned by the State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. GAME AND FISHMAXIMUM LENGTH OF MINNOW NETS. No. 640 (House Bill No. 1125). An Act to amend an Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 231), so as to change the maximum limit on the length of a minnow net; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 231), is hereby amended by striking from subsection 4 (b) of section 1 of said Act the word and figure ten (10) and inserting in lieu thereof the word and figure twenty (20), so that when so amended said subsection shall read as follows: (b) Private individuals having valid sport fishing licenses duly issued by the Game and Fish Commission may capture minnows to be used as bait from any of the fresh

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waters of this State, by means of dip nets or minnow nets which are not over twenty (20) feet in length, where such minnows are not to be sold or otherwise used for commercial purposes. Any game fish, or fish other than minnows, taken in such net shall be at once returned to the waters and released, and it is hereby declared unlawful to retain or keep any fish other than minnows taken by such net; provided, further, that the Game and Fish Commission may close by proclamation, as provided in section 15 hereof, certain waters from time to time, against the taking of minnows, and may regulate the taking of minnows from public waters when this is found necessary. Section 2. All laws and parts of laws in conflict with this Act repealed. Approved February 27, 1962. PEACE WARRANTSCOSTS TO BE PAID IN ADVANCE. Code 76-201 Amended. No. 651 (House Bill No. 928). An Act to amend Code section 76-201 relating to the issuance of warrants and requirements of bonds to keep the peace, so as to require advance costs to be paid by any person requesting the issuance of a warrant; to provide for the refund of remaining costs at the termination of the proceeding; to provide for a paupers affidavit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 76-201 relating to the issuance of warrants and requirement of bonds to keep the peace is hereby amended by adding to the end of said section a new paragraph to read as follows:

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Judicial officers, so authorized, shall not be required to issue the warrant provided for in this section until the person requesting the warrant be issued shall deposit with such judicial officer a sum not to exceed $12.00 to be applied against the total cost in said proceeding. At the termination of the proceedings, if there be any or all of such deposit remaining because of dismissal or because the costs are assessed against another party, such remaining sum shall be refunded to the depositor. If the person requesting the warrant be issued is unable to pay any deposit, fee or other cost which would normally be required in such court and shall subscribe an affidavit to the effect that from poverty he is unable to pay these costs, such person shall be relieved from paying such costs and his rights shall be the same as if he had paid such costs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. ADMINISTRATION OF ESTATESAPPLICATION FOR LETTERS, CONTENTS. Code 113-1211 Amended. No. 655 (House Bill No. 151). An Act to amend Code section 113-1211 relating to applications for letters of administration so as to require that in all such applications the full name and legal residence of the deceased, the date of his death, the names, ages, relationships and addresses of the surviving spouse and heirs at law of the deceased be listed; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Code section 113-1211 relating to the application for letters of administration is hereby amended

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by adding the following provision: and shall set forth the full name, the legal residence, the date of the death of the deceased, the post office address and the place of residence of the applicant, the names, ages, and addresses of the surviving spouse and of the heirs at law, stating their respective relationships to the deceased, and in the event full particulars are lacking, the petition shall state the reasons for any such omission, so that said Code section, when thus amended, will read as follows: 113-1211. (3969) Application for letters of administration; county where made. Every application for letters of administration shall be made to the ordinary of the county of residence of the deceased, if a resident of this State; and if not a resident, then in some county where the estate or some portion thereof is located, and shall set forth the full name, the legal residence and the date of the death of the deceased, the post office address and place of residence of the applicant, the names, ages and addresses of the surviving spouse and of the heirs at law, stating their respective relationships to the deceased, and in the event full particulars are lacking, the application shall state the reasons for any such omission. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 27, 1962. STATE REVENUE COMMISSIONERBOND. No. 657 (House Bill No. 770). An Act to amend section 2 of an Act approved January 3, 1938, as amended by an Act approved February 17, 1943, as amended by an Act approved March 25, 1947, as amended by an Act approved March 21, 1951, as amended by an Act approved March 24, 1960, relating to the State Revenue Commissioner, so as to provide for the creation of the office, appointment, term, salary, bond and oath;

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and to increase the bond required of the State Revenue Commissioner from $70,000.00 to $100,000.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 2 of an Act approved January 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 77), as amended by an Act approved February 17, 1943 (Ga. L. 1943, p. 207), as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 673), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 614), as amended by an Act approved March 24, 1960 (Ga. L. 1960, p. 1185) relating to the Department of Revenue, the State Revenue Commissioner, the creation of the office, appointment, term, salary, bond and oath, be, and the same is hereby, amended by striking the same in its entirety and by substituting in lieu thereof a new section to be numbered section 2 which shall read as follows: Section 2. Department of Revenue created; State Revenue Commissioner, creation of office, appointment, term, salary, bond, oath. The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor. The Commissioner shall receive a salary of $18,000.00 annually, payable monthly. Before entering upon the performance of his duties, he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to $100,000.00, the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 27, 1962.

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GEORGIA FERTILIZER ACT OF 1960AMENDED. No. 661 (House Bill No. 986). An Act to amend an Act known as the Georgia Fertilizer Act of 1960, approved March 17, 1960 (Ga. L. 1960, p. 916), so as to provide for the collection of penalties imposed hereunder and the disposition thereof; to authorize the adoption and use of a reporting system in making tonnage reports; 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 Fertilizer Act of 1960, approved March 17, 1960 (Ga. L. 1960, p. 916), is hereby amended by adding to section 8 a new subsection (C) to read: (C) The penalties provided herein shall be collected by the Commissioner and paid over to the purchaser of the affected lot of commercial fertilizer. In the event the purchaser cannot be determined or located within one (1) year after the collection of the penalty, the penalty shall be paid into the State Treasury and shall thereupon become State funds. In lieu of collecting the penalty, the Commissioner may require the assessment be paid directly to the purchaser. All penalties heretofore assessed, collected and remitted are hereby ratified, validated and confirmed. Penalties. Section 2. Said Act is further amended by adding a new section to be numbered 12A, to read: Section 12A. The Commissioner may adopt and require the use of a reporting system whereby registrants may make tonnage reports in lieu of the tonnage reports required by section 12. Reports. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDEDRE-ESTABLISHMENT OF MEMBERSHIP. No. 664 (House Bill No. 1121). An Act to amend an Act establishing an Employee's Retirement System, approved February 3, 1949 (Ga. L. 1949, Reg. Sess., p. 138), as amended, so as to provide the procedure whereby certain members of the Employee's Retirement System of Georgia may re-establish credits for prior service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employee's Retirement System, approved February 3, 1949 (Ga. L. 1949, Reg. Sess., p. 138), as amended, is hereby amended by adding to section 4 of said Act a new and additional subsection to be numbered sub-section (11) to read as follows: (11) Any current member having previously withdrawn his contributions, not more than one time, may, after five (5) years active service as a contributing member, re-establish such membership service as represented by the withdrawn contributions upon his repayment into the System, a sum equal to the amount withdrawn plus accumulated interest at the rate of four and one-fourth (4-%) per cent from the date of his withdrawal to the date of repayment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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WAYCROSS JUDICIAL CIRCUITACT PROVIDING SUPPLEMENT FOR JUDGE REPEALED. No. 665 (House Bill No. 1054). An Act to repeal an Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit, approved March 13, 1957 (Ga. L. 1957, p. 409); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a supplement to the compensation of the Judge of the Superior Courts of the Waycross Judicial Circuit, approved March 13, 1957 (Ga. L. 1957, p. 409), is hereby repealed in its entirety. 1957 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. AGRICULTUREDEALERS IN PECAN NUTS. No. 666 (House Bill No. 1003). An Act to amend an Act providing for the licensing and bonding of dealers in agricultural products, approved March 9, 1956 (Ga. L. 1956, p. 617), as amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 7), so as to redefine dealer in agricultural products to include persons buying, selling, processing and shelling pecans; to prohibit the sale of Agricultural products that do not comply with the law, standards of quality and rules and regulations pertaining thereto; to provide a procedure connected therewith; 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 the licensing and bonding of dealers in agricultural products, approved March 9, 1956 (Ga. L. 1956, p. 617), as amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 7), is hereby amended by adding to section 1 a new paragraph to be numbered (7) to read: (7) `Dealer in agricultural products' shall also include any person buying, selling, processing or shelling pecan nuts. `Pecan nuts', as used herein, shall be construed to include any and every kind and variety of pecan nuts. Dealer defined. Section 2. Said Act as amended is further amended by adding a new section to be numbered 11A to read: Section 11A. It shall be unlawful for any dealer in agricultural products to sell, offer for sale or possess any Agricultural product that does not comply with the standards of quality established by the Commissioner under authority of law. It shall be unlawful for any dealer in Agricultural products to sell, offer for sale or possess any Agricultural product that does not comply with the laws and rules and regulations pertaining to such product. It is the intent and purpose of this section to prevent the sale of Agricultural products that do not comply with the laws, standards of quality and rules and regulations pertaining thereto. Crimes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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CRIMESFALSE ADVERTISING. No. 667 (House Bill No. 800). An Act to amend an Act prohibiting false wholesale advertising and misrepresenting the true nature of business; defining the term wholesale as used in the Act; prohibiting any person, firm, association, or corporation from misrepresenting true ownership of a business for the purpose of liquidation sale, auction sale, or other sale which represents that said firm is going out of business; prescribing penalties for violation of the Act; 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, firm, association or corporation to misrepresent the true nature of its business by use of the words manufacturer, wholesaler, retailer, or words of similar import or for any person, firm, association or corporation to represent itself as selling at wholesale or use the word wholesale in any form of sale or advertising unless such person, firm, association or corporation is actually selling at wholesale those items advertised for the purpose of resale. For the purpose of this Act the term wholesale shall mean a sale made for the purpose of resale and not one made to the consuming purchaser. Crimes. Section 2. It shall be unlawful for any person, firm, association, or corporation to misrepresent the true ownership of a business for the purpose of carrying on a liquidation sale, auction sale, or other sale which represents that the firm is going out of business; and be it further provided that any person, firm, association or corporation which advertises in any manner whatever a liquidation sale, auction sale, or going out of business sale shall clearly state the true name and permanent address of the actual owner or owners of such business in any way and all such advertising. Crimes. Section 3. Any person, firm, association, or corporation violating any of the provisions of sections 1 and 2 of this Act shall be guilty of a misdemeanor and upon conviction

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thereof, shall be punished as provided by law. Nothing in this Act 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. Crimes, intent. Section 4. The provisions of this Act are severable, and in the event that any provision should be declared void or unconstitutional it is hereby declared that the remaining provisions would have been enacted notwithstanding such judicial determination of the invalidity of any particular provision or provisions in any respect, and said remaining provisions shall remain in full force and effect. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. COBB JUDICIAL CIRCUITSALARIES OF JUDGES, SOLICITOR-GENERAL, ETC. No. 668 (House Bill No. 1171). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), so as to change the compensation which the judges of said circuit receive from Cobb County; to change the compensation of the solicitor-general, the assistant solicitor-general and the investigator of the Cobb Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), is hereby amended by striking from section 4 the figure $2,000.00 and inserting in lieu thereof the figure $3,450.00, and by striking the figure $9,000.00 and inserting in lieu thereof

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the figure $10,450.00, so that when so amended section 4 shall read as follows: Section 4. That the offices of judge and solicitor-general of the Superior Court of the Cobb Judicial Circuit are hereby created. A judge and a solicitor-general for the said circuit shall be elected at the general election of 1952 to take office for a term beginning January 1, 1953 and the said Cobb Judicial Circuit shall not come into existence until January 1, 1953. In addition to the salary paid to judges of the superior courts by the State, the judge of the Cobb Judicial Circuit shall receive the sum of $3,450.00 per annum which shall be paid in equal monthly installments from the general funds of Cobb County. The solicitor-general of the Cobb Judicial Circuit shall be compensated on a salary basis rather than a fee basis and in addition to the salary paid the solicitors-general of the superior courts by the State, the solicitor-general of the Cobb Judicial Circuit shall receive the sum of $10,450.00 per annum to be paid in equal monthly installments from the general funds of Cobb County. Judges and solicitor-general. Section 2. Said Act is further amended by striking from section 4 (a) the figure $6,000.00 and inserting in lieu thereof the figure $6,600.00, so that when so amended section 4 (a) shall read as follows: Section 4 (a). Said solicitor-general is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said solicitor general, and to generally perform such duties as may be assigned by said solicitor general. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff; he shall be subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. He shall receive, as compensation, for the performance of such duties, the sum of $6,600.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Investigator. Section 3. Said Act is further amended by striking from section 4 (b) the figure $8,400.00 and inserting in lieu

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thereof the figure $9,240.00, 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 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 $9,240.00 per annum, to be paid in equal monthly installments from the funds of said county. Assistant solicitor-general. Section 4. The increase provided in this Act relative to the judge of the Superior Court of Cobb County shall apply to both judges of the Cobb Judicial Circuit. Intent. Section 5. This Act shall become effective April 1, 1962. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. GENERAL APPROPRIATIONS ACT AMENDED. No. 670 (House Bill No. 1133). An Act to amend an Act known as the General Appropriations Act, approved April 5, 1961 (Ga. L. 1961, p. 356), so as to provide an appropriation for the Budget Bureau; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the General Appropriations Act, approved April 5, 1961 (Ga. L. 1961, p. 356),

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is hereby amended by adding at the end of section 24 a new paragraph to be known as paragraph (d) to read as follows: Budget Bureau. (d) For the cost of operating the Budget Bureau.....$100,000.00 Section 2. Said Act is further amended by striking from the end of section 49 the following: Total Regular AppropriationsFor 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 and inserting in lieu thereof the following: Total Regular AppropriationsFor Fiscal Year July 1, 1961-June 30, 1962.....$412,589,176.90 For Fiscal Year July 1, 1962-June 30, 1963.....$420,200,676.90 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. CRIMINAL PROCEDURETESTIMONY OF THE ACCUSED. Code 38-415, 38-416 Amended. No. 671 (House Bill No. 949). An Act to amend Code sections 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, and 38-416, relating to persons not competent or compellable to testify, so as to provide that in all criminal trials of this State the accused may testify

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in his own behalf; to provide that if the accused elects to so testify, the accused shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue; to provide that evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indictment as provided by law; to provide that the failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure; to provide that the criminal defendant shall be competent to testify; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 38-415, relating to the statement of the accused in criminal trials and the procedure connected therewith, is hereby amended by adding at the end of said Section the following: In the alternative, however, if the prisoner wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If so, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indictment as provided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure. Provided, however, in the event the defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the Jury, if he has not introduced other evidence in the trial. so that when so amended said section shall read as follows: 38-415. In all criminal trials, the prisoner shall have the right to make to the court and jury such statement in the

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case as he may deem proper in his defense. It shall not be under oath, and shall have such force only as the jury may think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination, should he think proper to decline to answer. In the alternative, however, if the prisoner wishes to testify and announces in open court his intention to do so, he may so testify in his own behalf. If so, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. Evidence of prior felony convictions may be admitted in those cases where the same are alleged in the indictment as provided by law. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure. Provided, however, in the event the defendant elects to be sworn and examined, he shall not lose his right to open and conclude the argument to the jury, if he has not introduced other evidence in the trial. Section 2. Code section 38-416, relating to persons not competent or compellable to testify, is hereby amended by striking the words competent or, so that when so amended said section shall read as follows: 38-416. No person, who shall be charged in any criminal proceeding with the commission of any indictable offense or any offense punishable on summary conviction, shall be compellable to give evidence for or against himself. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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ALAPAHA JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 672 (House Bill No. 1056). An Act to amend an Act abolishing the fee system existing in the Superior Courts of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), as amended, particularly by an Act approved March 28, 1958 (Ga. L. 1958, p. 352), so as to change the compensation paid to the solicitor-general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system existing in the Superior Court of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), as amended, particularly by an Act approved March 28, 1958 (Ga. L. 1958, p. 352), is hereby amended by striking section 2 thereof 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 said Alapaha Judicial Circuit shall be sum of $5,814.60 per annum in addition to the salary of $250.00 per annum prescribed in Article VI, Section XII, Paragraph I of the Constitution of this State, which said salary of $5,814.60, shall be paid as follows: The County of Atkinson in said Alapaha Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $600.00 per annum; the County of Berrien in said Alapaha Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $1800.00 per annum; the County of Clinch in said Alapaha Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $1,014.60 per annum; the County of Cook in said Alapaha Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $1800.00 per annum; and the County of Lanier in said Alapaha Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $600.00 per annum, all of said sums shall be paid out of the general

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treasuries or depositories of the various counties composing said circuit. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authorities having control of county matters, in each of said counties, to cause the part or proportion of said salaries so assessed against each of said counties to be paid to said solicitor-general monthly, on the first of each month, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts, 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 purpose is hereby delegated to said counties. Section 2. Said Act is further amended by striking from section 5 the figure $4,200.00 and by substituting in lieu thereof the figure $5,814.60, so that said section as amended hereby shall read as follows: Section 5. Said salary of $5,814.60 and the constitutional salary hereinbefore referred to shall be in full payment of all services of said solicitor-general, and he shall be entitled to no other funds or fees except as provided by section 6 of this Act. Said solicitor-general shall pay all of his traveling expenses and all expenses incurred by him in the preparation for trial of cases, and shall pay for stenographic service and clerical aid employed by him. The said counties of the Alapaha Judicial Circuit shall not be liable for any of the items of expenses aforesaid. The solicitor-general shall not be required to pay for the services of attorneys working with the grand jury while the solicitor-general is otherwise employed in the court. Such services of the other attorneys shall be paid for out of the county treasuries upon an approved order from the presiding judge.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. MARRIAGEPERSONS ABLE TO CONTRACT. Code 53-102 Amended. No. 676 (House Bill No. 274). An Act to amend Code section 53-102, relating to the capacity of persons to contract for marriage, as amended, particularly by an Act approved February 22, 1957 (Ga. L. 1957, p. 83), so as to raise the minimum ages of the male applicant for a marriage license to eighteen and of the female applicant to sixteen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 53-102, relating to the capacity of persons to contract for marriage, as amended, particularly by an Act approved February 22, 1957 (Ga. L. 1957, p. 83), is hereby amended by striking from said section the figures 17 and 14 wherever they shall appear and substituting in lieu thereof the figures 18 and 16, respectively, so that when so amended said section shall read as follows: 53-102. To be able to contract marriage, a person must at the time of application for a marriage license furnish the ordinary with documentary evidence of proof of age in the form of a driver's license, baptismal certificate or birth certificate and must be of sound mind; if a male, at least 18 years of age, and if a female, at least 16 years, and laboring under none of the following disabilities, viz: Ages. 1. Previous marriage undissolved. The dissolution of a previous marriage in divorce proceedings must be affirmatively

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established and will not be presumed. Nothing herein shall be construed to affect the legitimacy of children. 2. Nearness of relationship by blood or marriage, as hereinafter explained. 3. Impotency. Provided however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female being presented to the ordinary, in which case the parties may contract marriage regardless of age. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. DUBLIN JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 680 (House Bill No. 1164). An Act to provide for additional compensation for the solicitor-general of the Dublin Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the compensation now received by the solicitor-general of the Dublin Judicial Circuit, he shall also be paid from Laurens County the amount of $1500.00 per annum which shall be paid in the same manner and under the same procedure as the compensation he is now receiving from said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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MINIMUM FOUNDATION PROGRAM OF EDUCATION ACTAMENDED. No. 682 (House Bill No. 1214). An Act to amend an Act known as the Minimum Foundation Program for Education Act, approved February 25, 1949 (Ga. L. 1949, p. 1406), as amended, so as to provide criteria for providing additional funds to local units which have exceptional needs for capital outlay; 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. 1406), as amended, is hereby amended by adding a new papagraph to section 11, to read as follows: The State Board of Education, in exercising its discretion in providing additional funds to local units which have exceptional needs for capital outlay, may consider among other criteria for such exceptional needs, the value to the particular local unit in consolidating two or more schools within its school system and the need for such consolidation. Criteria in determining needs. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. MUNICIPALITIESPOWERS OF ALL MUNICIPAL GOVERNMENTS. No. 686 (House Bill No. 1080). An Act to grant to the incorporated municipalities of this State certain basic powers, including certain powers over their officers and employees relating to duties and compensation; the authority to provide for absentee voting; the granting of franchises for the use of their streets;

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local taxation; the authority to provide hospitals and clinics; the authority to acquire and maintain certain facilities; authority to regulate the use of their streets and parking thereon; the authority to operate water and sewer systems; the authority to issue bonds and financial obligations in accordance with the Constitution and general laws; providing the effect of this Act on other laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the intention of the General Assembly to vest certain general powers in the governing body of each of the incorporated municipalities of this State, such powers to be in addition to, or cumulative of, those which any municipality may now have under its charter or any other special or general law. It is the purpose of this grant of general powers: (a) To provide authority for all incorporated municipalities to exercise certain common functions of local government; Intent. (b) To provide for local self-government to the extent of the powers granted; and, (c) To relieve the necessity for special legislative action by the General Assembly to the extent of the powers herein granted. Section 2. In addition to the powers it may now have, the governing body of any incorporated municipality shall have the following powers, under this Act, relating to the administration of municipal government: (a) The power to establish municipal offices, agencies and employments; to define, regulate and alter the powers, duties, qualifications, compensation and tenure of all municipal officers, agents and employees: Provided, that the municipal governing body shall not have the right to fix or change their own terms or the terms of their

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successors, nor to alter their own compensation or the compensation of their successors; and provided, further, that such duties or responsibilities as are specifically given to a particular official or employee by charter may not be altered. Powers of municipalities. (b) The power to establish merit systems, retirement systems and insurance plans for all municipal employees and establish insurance plans for school employees of independent municipal systems; and to provide the method or methods of financing such systems and plans. (c) The power to contract with any State Department or Agency, or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any State Agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipality has an interest. (d) The power to legislate, regulate and administer all matters pertaining to absentee voting in municipal elections. (e) The granting of franchises to or making contracts with railroads, street railways or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies and other public utilities for the use and occupancy of the streets of the city for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipality may deem wise; subject to the Constitution and the general laws of the State of Georgia. Section 3. In addition to the powers it may now have, the governing body of any incorporated municipality may provide for the general health and welfare by establishing hospitals and clinics for the reception and treatment of charitable and pay patients, and shall have the power to contract with any State Agency or political subdivision of the State to provide joint facilities or services for the care and treatment of patients. Same, hospitals, etc.

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Section 4. In addition to the powers it may now have, any municipality shall have the power, in the interest of the health and general welfare, to accept by gift, acquire, construct, lease, own, regulate, operate, improve, open, close, or extend public streets, alleys, sidewalks, parks, swimming pools, golf courses, recreation grounds, airports, airfields, parking areas, parking buildings, athletic fields, grandstands and stadia buildings used or useful for sports, buildings used or useful for housing fairs and exhibits, buildings for educational purposes, libraries, buildings used or useful for poultry and live stock shows and exhibits for buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. Any municipality may, under this Act, contract with any other political subdivision for the joint use of any of the above facilities. Same, parks, etc. Section 5. In addition to any powers it may now have, any incorporated municipality shall have the authority to regulate and control the use of its streets and public ways; and any municipality by authority of this section may regulate the parking of vehicles on any of its streets or public ways, and to this end may acquire and place parking meters on or immediately adjacent to any or all of its streets for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. Same, streets. Section 6. In addition to the powers which it may now have, any incorporated municipality shall have the power under this Act, to acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipality, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith; and to operate and maintain any such systems for its own use, for the use of public and private consumers, and users within the territorial boundaries of the municipality; and to prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished by such system. Same, utilities.

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Section 7. The governing body of each incorporated municipality of this State is hereby given the authority to issue, refund and liquidate financial obligations, including bonds, incurred to finance any facilities or services which such municipality undertakes to provide under authority of this Act, subject to the provisions of the Constitution of Georgia and general laws applicable to such bonds or other financial obligations. Same, bonds. Section 8. The provisions of this Act are in addition to the powers heretofore or hereafter granted to any incorporated municipality. Intent. Section 9. The provisions of this Act are hereby declared to be severable, and should any provisions hereof be declared unconstitutional the remaining Sections shall remain of full force and effect. Severability. Approved February 27, 1962. COSTS IN SUPERIOR COURTS OF COUNTIES HAVING POPULATION OF NOT LESS THAN 65,000 AND NOT MORE THAN 72,000 PERSONS. Code 24-2728 Amended. No. 691 (House Bill No. 716). 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 65,000 and not more than 72,000 according to the United States Census of 1960 or 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:

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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 65,000 and not more than 72,000 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 personality, for recording each partition of realty and personalty, 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, 25 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 February 27, 1962.

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IMPOUNDING OF VEHICLES PARKED IN PRIVATE PARKING AREAS. No. 696 (House Bill No. 707). An Act to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide a lien for the expense thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any owner, lessor or rentor of any parcel or space of real property, improved or designated for private parking of vehicles, upon posting same conspicuously as being for authorized parking only, shall have the right to remove, or cause to be removed, therefrom any unauthorized vehicle found thereon, and to store, or cause same to be stored, at the expense of the owner of such vehicle, provided, that the aforesaid posting shall include information as to where such vehicle can be recovered. The person removing and storing such vehicle shall have a lien against said vehicle for the expense thereof as authorized by section 67-2003 of the Code of Georgia, as amended. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. EMPLOYEES' RETIREMENT SYSTEM AMENDEDDEPARTMENT OF CORRECTIONS. No. 701 (House Bill No. 1052). An Act to amend an Act establishing an Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, Reg. Sess., p. 138), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 112), so as to change the number of years within which regular quarterly

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payments cause amortization on the total amount of an employer's contributions relating to the inclusion of the employees of the State Department of Corrections in the Employees' Retirement System of Georgia; to provide that employees may enter a retirement system by means of monthly payments of accumulated contributions which would have been due by him to the System had he been a member of the System since August 1, 1953; 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., p. 138), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 112), is hereby amended by striking the figure 5 from the section (3) found at the end of the Act and inserting in lieu thereof the figure 15, so that when so amended said section shall read as follows: (3) In addition to the regular establishing 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 15 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

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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. Section 2. Said Act is further amended by adding a subsection (c) after subsection (b) of section 4 found at the end of the Act. Said subsection (c) shall read as follows: (c) Eligible employees of the State Department of Corrections who became members of the retirement system under the provisions of subsection (b) above who did not immediately pay the full amount of accumulated contributions as provided in subsection (b) may pay the amount of his accumulated contributions over a ten year or 120 months period by means of monthly payments. It is not to be construed that any individual shall be credited with the full amount of his prior service or membership service credits until such time as he has made the total contributions required of him. The Board of Trustees may promulgate rules and regulations to implement the provisions of this Act including a prescription of the actuarial value which shall be credited to the member's account for each monthly payment made as herein provided if he should retire, die, or become disabled prior to his having paid the full amount of the accumulated contributions required of him under the provisions of subsection (b) above. The Board may establish a date for the commencement for such payments provided that said date shall not be a date prior to July 1, 1962. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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REMOVAL OF TELEPHONE FACILITIES WHEN USED FOR ILLEGAL PURPOSES. No. 704 (House Bill No. 945). An Act to provide for the disconnection and removal of telephone facilities used for illegal purposes upon receipt of court order; to require the giving of notice to the subscriber; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. When any municipal, county, state or federal law enforcement officer, acting within his apparent jurisdiction, applies to the solicitor-general of the superior court and makes oath or affidavit that he has reason to believe that certain telephone facilities or any part thereof are being used or have been used in the violation of any federal law or the laws of the State of Georgia or the ordinances of any municipality therein, the solicitor-general shall petition the judge of the superior court to issue a rule nisi which shall be promptly served upon the person, firm or corporation in whose name said telephone facilities are listed, requiring said party, within a reasonable time to be fixed by said judge, which shall not be less than 48 hours from time of service of said petition on said party, to show cause before said judge why said telephone facilities should not be promptly removed. At the hearing on the rule nisi the burden of proof shall be carried by the petitioner. Upon finding by the court that the said telephone facilities are being used in violation of the laws hereinabove described, the court shall issue an order requiring the telephone company to disconnect and remove such facilities and said telephone company shall upon receipt of such order, which shall be served upon an officer of the telephone company by the sheriff of the county in which the telephone facilities are installed or his duly authorized deputies, proceed within a reasonable time to disconnect and remove such facilities and discontinue all telephone service rendered over said facilities until further order of the court.

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Section 2. The law enforcement officer who applies to the solicitor-general for the removal of such facilities shall, in his official capacity, be a necessary party to any proceeding or action arising out of or under the provisions of this Act. Section 3. No telephone company shall be liable for any damages, penalty, or forfeiture, civil or criminal, for any act done in compliance with any order issued by the judge of the superior court in question. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. JUVENILE COURT ACT AMENDEDJUDGES PRO TEMPORE. No. 705 (House Bill No. 289). 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 March 7, 1960 (Ga. L. 1960, p. 200); 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 March 7, 1960 (Ga. L. 1960, p. 200), is hereby amended by striking section 39 in its entirety and substituting in lieu thereof the following: Section 39. In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in said county, to serve as judge pro tempore of said

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juvenile court, and in the event he is absent or unable to make such appointment, the judge of the superior court of that county may so appoint, and such person so appointed shall have the authority to preside in the stead of said disqualified, ill, or absent judge, and shall be paid from the county treasury such emolument as the appointing judge shall prescribe. Provided, however, said emolument shall not exceed the compensation which would have been received by the regular juvenile court judge for such services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. PUBLICATION OF CAMPAIGN EXPENSESACT REPEALED. Code 34-2001, 34-2002, 34-9920 Repealed. No. 706 (House Bill No. 257). An Act to repeal Code section 34-2001, relating to publication of campaign expenses by candidates; to repeal Code section 34-2002, relating to when a candidate shall not be declared the nominee; to repeal Code section 34-9920, providing a penalty for failure to file statement of campaign expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-2001, relating to publication of campaign expenses by candidates, is hereby repealed in its entirety. Section 2. Code section 34-2002, relating to when a candidate shall not be declared the nominee, is hereby repealed in its entirety.

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Section 3. Code section 34-9920, providing a penalty for failure to file statement of campaign expenses, is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. EMPLOYEE'S RETIREMENT SYSTEM ACT AMENDEDDISABILITY RETIREMENT OF EMPLOYEES OF DEPARTMENT OF PUBLIC SAFETY. No. 707 (House Bill No. 730). 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 provide for disability retirement for members of the Uniform Division of the Department of Public Safety and officers and agents of the Georgia Bureau of Investigation and State Crime Laboratory; 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, is hereby amended by adding at the end of paragraph (b) of subsection (3) of section 5 the following: Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation and State Crime Laboratory, who, as a contributing member of this System and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances,

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shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option and such monthly allowance as shall be payable to the member only, during his life or length of disability, shall not exceed 80% of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65, such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred. Provided further, such permanent disability retirement shall apply regardless of the length of service of any such member, officer or agent provided he has acquired a status of a permanent employee as approved by the State Merit System prior to his permanent disability, with a further provision that the System shall be promptly reimbursed by the employee's Department upon payment by the System of each monthly allowance to the member during his permanent disability, such monthly reimbursement by the Department shall include the employer's share of the cost for any Survivors' Benefit for which the member may be eligible at the time of permanent disability. so that when so amended said paragraph (b) of subsection (3) of section 5 shall read as follows: (b) Provided, however, that any member of the Uniform Division of the Department of Public Safety and any officer or agent of the Georgia Bureau of Investigation and State Crime Laboratory, who, as a contributing member of this System and who, upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances, shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without opinion and such monthly allowance as shall be payable to the member only, during his life or length of disability,

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shall not exceed 80% of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65, such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his permanent disability occurred. Provided, further, such permanent disability retirement shall apply regardless of the length of service of any such member, officer or agent provided he has acquired a status of a permanent employee as approved by the State Merit System prior to his permanent disability, with a further provision that the System shall be promptly reimbursed by the employee's Department upon payment by the System of each monthly allowance to the member during his permanent disability, such monthly reimbursement by the Department shall include the employer's share of the cost for any Survivors' Benefit for which the member may be eligible at the time of permanent disability. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. ACTS RELATING TO CHEROKEE INDIANS REPEALED. No. 712 (House Bill No. 1129). An Act to repeal certain laws and parts of laws relating to the Cherokee Indians, and found in Georgia Laws 1829-1935; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 15 of an Act entitled An Act to add the territory lying within the chartered limits of Georgia, and to regulate the testimony of Indians, approved December 18, 1829 (Ga. L. 1829, p. 98), is hereby repealed.

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Section 2. Section 1 of an Act entitled An Act to prevent the exercise of assumed and arbitrary power, by all persons under pretext of authority from the Cherokee Indians, approved December 22, 1830 (Ga. L. 1830, p. 114), is hereby repealed. Section 3. An Act entitled An Act to declare void all contracts hereafter made with the Cherokee Indians as far as the Indians are concerned, approved December 23, 1830 (Ga. L. 1830, p. 118), is hereby repealed. Section 4. Section 12 of an Act entitled An Act to protect the Cherokee Indians in the peaceable and quiet possession of the lands secured to them, approved December 24, 1832, is hereby repealed. Section 5. Section 3 and section 7 of an Act entitled An Act more effectually to provide for the government and protection of the Cherokee Indians, approved December 20, 1833 (Ga. L. 1833, p. 114), are hereby repealed. Section 6. The preamble to the Act entitled An Act to authorize the issuing by the State of Georgia to the fortunate drawer, approved December 21, 1835, is hereby repealed. Section 7. Section 1 and section 2 of an Act entitled An Act to protect the frontier settlements of this State from the intrusion of the Indians of the Creek Nation, approved December 24, 1835 (Ga. L. 1835, p. 135), is hereby repealed. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.

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UNIFORM COMMERCIAL CODE. Code Title 109A Enacted. No. 713 (House Bill No. 732). An Act to revise, classify, consolidate and supersede present laws relating to the sales of personal property, goods, wares and merchandise, commercial paper, including the transfer and negotiability, the liability of parties thereto, presentment, notice of dishonor and discharge; bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading and other documents of title, investment securities, secured transactions, sales of accounts, contract rights and chattel paper, and to repeal the present laws relating thereto and to establish new laws relating thereto; to make definitions and provide principles of interpretation under this Code to provide rules for the construction of contracts of sale, to establish laws relating to performance of such, the manner of breach repudiation and excuse for such, and remedies therefor; to establish definitions of commercial paper, including draft, check, certificate of deposit and note; to provide for the transfer and negotiation thereof; to define the rights of holders of such, to provide for the liability of parties thereto; establish rules regulating the presentment, notice of dishonor and protest thereof; to establish rules relating to discharge of parties thereto, to regulate the advice of an international sight draft; to establish laws relating to drafts in a set, lost, destroyed or stolen instruments and the effect of nonnegotiable instruments; to provide laws relating to bank collections and deposits, the collection of items by depository and collection banks; the handling thereof by payor bank; the relationship between the payor bank and its customer and the collection of documentary drafts; to provide laws relating to letters of credit and to regulate bulk transfers; to establish laws defining and regulating warehouse receipts, bills of lading and other documents of title; to provide for the obligations thereunder and their negotiation and transfer; to establish laws relating to the defining and regulating investment securities, the liability of parties thereto, the purchase and transfer thereof; to

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establish laws governing secured transactions, sales of accounts, contract rights, and chattel property; the effect and enforceability of security interest therein created by pledge, assignment, and any other lien or title retention contract and lease or consignment or contract creating such interest; the validity of such agreements and the rights of parties thereto; the rights of third parties; perfected and unperfected security interests; rules of priority; the filing and assignment and fees therefor, the effect of default thereunder; to provide for the repeal of conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. The following shall constitute the Uniform Commercial Code, and be Title 109A of the Code of Georgia. CHAPTER 109A-1 ARTICLE 1 GENERAL PROVISIONS PART 1 SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THE ACT. 109A-1101. Short Title 109A-1102. Purposes; Rules of Construction; Variation by Agreement 109A-1103. Supplementary General Principles of Law Applicable 109A-1104. Construction Against Implicit Repeal 109A-1105. Territorial Application of the Act; Parties' Power to Choose Applicable Law 109A-1106. Remedies to Be Liberally Administered 109A-1107. Waiver or Renunciation of Claim or Right After Breach 109A-1108. Severability 109A-1109. Section Captions

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109A-1101. Short Title. This Title 109A shall be known as and may be cited as the Uniform Commercial Code. 109A-1102. Purposes; Rules of Construction; Variation by Agreement. (1) This Act shall be liberally construed and applied to promote its underlying purposes and policies. (2) Underlying purposes and policies of this Act are (a) to simplify, clarify and modernize the law governing commercial transactions; (b) to permit the continued expansion of commercial practices through custom, usage and agreement of the parties; (c) to make uniform the law among the various jurisdictions. (3) The effect of provisions of this Act may be varied by agreement, except as otherwise provided in this Act and except that the obligations of good faith, diligence, reasonableness and care prescribed by this Act may not be disclaimed by agreement but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable. (4) The presence in certain provisions of this Act of the words unless otherwise agreed or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection (3). (5) In this Act unless the context otherwise requires (a) words in the singular number include the plural, and in the plural include the singular;

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(b) words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender. 109A-1103. Supplementary General Principles of Law Applicable. Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions. 109A-1104. Construction Against Implicit Repeal. This Act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. 109A-1105. Territorial Application of the Act; Parties' Power to Choose Applicable Law. (1) Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this Act applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this Act specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. 109A-2402. Applicability of the Article on Bank Deposits and Collections. 109A-4102.

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Bulk transfers subject to the Article on Bulk Transfers. 109A-6102. Applicability of the Article on Investment Securities. 109A-8106. Policy and scope of the Article on Secured Transactions. 109A-9102 and 9103. 109A-1106. Remedies to Be Liberally Administered. (1) The remedies provided by this Act shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in this Act or by other rule of law. (2) Any right or obligation declared by this Act is enforceable by action unless the provision declaring it specifies a different and limited effect. 109A-1107. Waiver or Renunciation of Claim or Right After Breach. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. 109A-1108. Severability. If any provision or clause of this Act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. 109A-1109. Section Captions. Section captions are parts of this Act.

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PART 2 GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION. 109A-1201. General Definitions 109A-1202. Prima Facie Evidence by Third Party Documents 109A-1203. Obligation of Good Faith 109A-1204. Time; Reasonable Time; Seasonably 109A-1205. Course of Dealing and Usage of Trade 109A-1206. Statute of Frauds for Kinds of Personal Property Not Otherwise Covered 109A-1207. Performance or Acceptance Under Reservation of Rights 109A-1208. Option to Accelerate at Will 109A-1201. General Definitions. Subject to additional definitions contained in the subsequent Articles of this Act which are applicable to specific Articles or Parts thereof, and unless the context otherwise requires, in this Act: (1) Action in the sense of a judicial proceeding includes recoupment, counterclaim, set-off, suit in equity and any other proceedings in which rights are determined. (2) Aggrieved party means a party entitled to resort to a remedy. (3) Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Act (109A-1205 and 2208). Whether an agreement has legal consequences is determined by the provisions of this Act, if applicable; otherwise by the law of contracts (109A-1103). (4) Bank means any person engaged in the business of banking. Wherever the word branch is used in this

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Code, with reference to a bank, it shall mean not only branch bank, but also bank office and bank facility as those terms are defined in Ga. Laws 1960, p. 67, Section 3. (5) Bearer means the person in possession of an instrument, document of title, or security payable to bearer or indorsed in blank. (6) Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. Airbill means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill. (7) Branch includes a separately incorporated foreign branch of a bank. (8) Burden of establishing a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its non-existence. (9) Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (10) Conspicuous: A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: Non-Negotiable Bill of Lading) is conspicuous. Language in the body of a form is conspicuous if it is in larger or other contrasting type or color. But in a telegram

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any stated term is conspicuous. Whether a term or clause is conspicuous or not is for decision by the court. (11) Contract means the total legal obligation which results from the parties' agreement as affected by this Act and any other applicable rules of law. (12) Creditor includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtor's or assignor's estate. (13) Defendant includes a person in the position of defendant in a cross-action or counterclaim. (14) Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession. (15) Document of title includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. (16) Fault means wrongful act, omission or breach. (17) Fungible with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this Act to the extent that under a particular agreement or document unlike units are treated as equivalents. (18) Genuine means free of forgery or counterfeiting.

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(19) Good faith means honesty in fact in the conduct or transaction concerned. (20) Holder means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or indorsed to him or to his order or to bearer or in blank. (21) To honor is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit. (22) Insolvency proceedings includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved. (23) A person is insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law. (24) Money means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency. (25) A person has notice of a fact when (a) he has actual knowledge of it; or (b) he has received a notice or notification of it; or (c) from all the facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact when he has actual knowledge of it. Discover or learn or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this Act. (26) A person notifies or gives a notice or notification

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to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention; or (b) it is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications. (27) Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. (28) Organization includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (29) Party, as distinct from third party, means a person who has engaged in a transaction or made an agreement within this Act. (30) Person includes an individual or an organization (See 109A-1102). (31) Presumption or presumed means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its non-existence. (32) Purchase includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or re-issue, gift or any other voluntary transaction creating an interest in property. (33) Purchaser means a person who takes by purchase.

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(34) Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (35) Representative includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another. (36) Rights includes remedies. (37) Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (109A-2401) is limited in effect to a reservation of a security interest. The term also includes any interest of a buyer of accounts, chattel paper, or contract rights which is subject to Article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under 109A-2401 is not a security interest, but a buyer may also acquire a security interest by complying with Article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a security interest but a consignment is in any event subject to the provisions on consignment sales (109A-2326). Whether a lease is intended as security is to be determined by the facts of each case; however (a) the inclusion of an option to purchase does not of itself make the lease one intended for security, and (b) an agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security. (38) Send in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any

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address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending. (39) Signed includes any symbol executed or adopted by a party with present intention to authenticate a writing. (40) Surety includes guarantor. (41) Telegram includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like. (42) Term means that portion of an agreement which relates to a particular matter. (43) Unauthorized signature or indorsement means one made without actual, implied or apparent authority and includes a forgery. (44) Value. Except as otherwise provided with respect to negotiable instruments and bank collections (109A-3303, 4208 and 4209) a person gives value for rights if he acquires them (a) in return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or (b) as security for or in total or partial satisfaction of a pre-existing claim; or (c) by accepting delivery pursuant to a pre-existing contract for purchase; or (d) generally, in return for any consideration sufficient to support a simple contract. (45) Warehouse receipt means a receipt issued by a person engaged in the business of storing goods for hire.

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(46) Written or writing includes printing, typewriting or any other intentional reduction to tangible form. 109A-1202. Prima Facie Evidence by Third Party Documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party. 109A-1203. Obligation of Good Faith. Every contract or duty within this Act imposes an obligation of good faith in its performance or enforcement. 109A-1204. Time; Reasonable Time; Seasonably. (1) Whenever this Act requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement. (2) What is a reasonable time for taking any action depends on the nature, purpose and circumstances of such action. (3) An action is taken seasonably when it is taken at or within the time agreed or if no time is agreed at or within a reasonable time. 109A-1205. Course of Dealing and Usage of Trade. (1) A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct. (2) A usage of trade is any practice or method of dealing

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having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court. (3) A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement. (4) The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade. (5) An applicable usage of trade in the place where any part of performance is to occur shall be used in interpreting the agreement as to that part of the performance. (6) Evidence of a relevant usage of trade offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise to the latter. 109A-1206. Statute of Frauds for Kinds of Personal Property Not Otherwise Covered. (1) Except in the cases described in subsection (2) of this section a contract for the sale of personal property is not enforceable by way of action or defense beyond five thousand dollars in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.

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(2) Subsection (1) of this section does not apply to contracts for the sale of goods (109A-2201) nor of securities (109A-8319) nor to security agreements (109A-9203). 109A-1207. Performance or Acceptance Under Reservation of Rights. A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as without prejudice, under protest or the like are sufficient. 109A-1208. Option to Accelerate at Will. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral at will or when he deems himself insecure or in words of similar import shall be construed to mean that he shall have power to do so only if he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised. CHAPTER 109A-2 ARTICLE 2 SALES PART 1 SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER. 109A-2101. Short Title 109A-2102. Scope; Certain Security and Other Transactions Excluded From This Article

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109A-2103. Definitions and Index of Definitions 109A-2104. Definitions. Merchant; Between Merchants; Financing Agency 109A-2105. Definitions; Transferability; Goods; Future Goods; Lot; Commercial Unit 109A-2106. Definitions. Contract; Agreement; Contract for Sale; Sale; Present Sale; Conforming to Contract; Termination; Cancellation 109A-2107. Goods to Be Severed From Realty: Recording 109A-2101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeSales. 109A-2102. Scope; Certain Security and Other Transactions Excluded From This Article. Unless the context otherwise requires, this Article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this Article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers. 109A-2103. Definitions and Index of Definitions. (1) In this Article unless the context otherwise requires (a) Buyer means a person who buys or contracts to buy goods. (b) Good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) Receipt of goods means taking physical possession of them.

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(d) Seller means a person who sells or contracts to sell goods. (2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are: Acceptance. 109A-2606. Banker's credit. 109A-2325. Between merchants. 109A-2104. Cancellation. 109A-2106 (4). Commercial unit. 109A-2105. Confirmed credit. 109A-2325. Conforming to contract. 109A-2106. Contract for sale. 109A-2106. Cover. 109A-2712. Entrusting. 109A-2403. Financing agency. 109A-2104. Future goods. 109A-2105. Goods. 109A-2105. Identification. 109A-2501. Installment contract. 109A-2612. Letter of Credit. 109A-2325. Lot. 109A-2105. Merchant. 109A-2104. Overseas. 109A-2323. Person in position of seller. 109A-2707. Present sale. 109-2106. Sale. 109A-2106. Sale on approval. 109A-2326. Sale or return. 109A-2326. Termination. 109A-2106. (3) The following definitions in other Articles apply to this Article: Check. 109A-3104. Consignee. 109A-7102. Consignor. 109A-7102. Consumer goods. 109A-9109. Dishonor. 109A-3507. Draft. 109A-3104.

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(4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-2104. Definitions. Merchant; Between Merchants; Financing Agency. (1) Merchant means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill. (2) Financing agency means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. Financing agency includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (109A-2707). (3) Between merchants means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. 109A-2105. Definitions: Transferability; Goods; Future Goods; Lot; Commercial Unit. (1) Goods means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action. Goods also includes the unborn young of animals and growing crops and other identified

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things attached to realty as described in the section on goods to be severed from realty (109A-2107). (2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are future goods. A purported present sale of future goods or of any interest therein operates as a contract to sell. (3) There may be a sale of a part interest in existing identified goods. (4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller's interest in the bulk be sold to the buyer who then becomes an owner in common. (5) Lot means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract. (6) Commercial unit means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole. 109A-2106. Definitions. Contract; Agreement; Contract for Sale; Sale; Present Sale; Conforming to Contract; Termination; Cancellation. (1) In this Article unless the context otherwise requires contract and agreement are limited to those relating to the present or future sale of goods. Contract for sale includes

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both a present sale of goods and a contract to sell goods at a future time. A sale consists in the passing of title from the seller to the buyer for a price (109A-2401). A present sale means a sale which is accomplished by the making of the contract. (2) Goods or conduct including any part of a performance are conforming or conform to the contract when they are in accordance with the obligations under the contract. (3) Termination occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On termination all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives. (4) Cancellation occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of termination except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance. 109A-2107. Goods to Be Severed From Realty: Recording. (1) A contract for the sale of timber, minerals or the like or a structure or its materials to be removed from realty is a contract for the sale of goods within this Article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell. (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) is a contract for the sale of goods within this Article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

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(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale. PART 2 FORM, FORMATION AND READJUSTMENT OF CONTRACT. 109A-2201. Formal Requirements: Statute of Frauds 109A-2202. Final Written Expression: Parol or Extrinsic Evidence 109A-2203. Seals Inoperative 109A-2204. Formation in General 109A-2205. Firm Offers 109A-2206. Offer and Acceptance in Formation of Contract 109A-2207. Additional Terms in Acceptance or Confirmation 109A-2208. Course of Performance or Practical Construction 109A-2209. Modification, Rescission and Waiver 109A-2210. Delegation of Performance; Assignment of Rights 109A-2201. Formal Requirements; Statute of Frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

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(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received. (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable (a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or (b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (109A-2606). 109A-2202. Final Written Expression: Parol or Extrinsic Evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented (a) by course of dealing or usage of trade (109A-1205) or by course of performance (109A-2208); and

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(b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. 109A-2203. Seals Inoperative. The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer. 109A-2204. Formation in General. (1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract. (2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined. (3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy. 109A-2205. Firm Offers. An offer by a merchant to buy or sell good in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. 109A-2206. Offer and Acceptance in Formation of Contract. (1) Unless otherwise unambiguously indicated by the language or circumstances

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(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances; (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or non-conforming goods, but such a shipment of non-conforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer. (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. 109A-2207. Additional Terms in Acceptance or Confirmation. (1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. (2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: (a) the offer expressly limits acceptance to the terms of the offer; (b) they materially alter it; or (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received. (3) Conduct by both parties which recognizes the existence

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of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act. 109A-2208. Course of Performance or Practical Construction. (1) Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement. (2) The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course of dealing and usage of trade (109A-1205). (3) Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance. 109A-2209. Modification, Rescission and Waiver. (1) An agreement modifying a contract within this Article needs no consideration to be binding. (2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party. (3) The requirements of the statute of frauds section

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of this Article (109A-2201) must be satisfied if the contract as modified is within its provisions. (4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver. (5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. 109A-2210. Delegation of Performance; Assignment of Rights. (1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach. (2) Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise. (3) Unless the circumstances indicate the contrary a prohibition of assignment of the contract is to be construed as barring only the delegation to the assignee of the assignor's performance. (4) An assignment of the contract or of all my rights under the contract or an assignment in similar general terms is an assignment of rights and unless the language

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or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract. (5) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (109A-2609). PART 3 GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT. 109A-2301. General Obligations of Parties 109A-2302. Unconscionable Contract or Clause 109A-2303. Allocation or Division of Risks 109A-2304. Price Payable in Money, Goods, Realty, or Otherwise 109A-2305. Open Price Term 109A-2306. Output, Requirements and Exclusive Dealings 109A-2307. Delivery in Single Lot or Several Lots 109A-2308. Absence of Specified Place for Delivery 109A-2309. Absence of Specific Time Provisions; Notice of Termination 109A-2310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation 109A-2311. Options and Cooperation Respecting Performance 109A-2312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement 109A-2313. Express Warranties by Affirmation, Promise, Description, Sample

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109A-2314. Implied Warranty: Merchantability; Usage of Trade 109A-2315. Implied Warranty; Fitness for Particular Purpose 109A-2316. Exclusion or Modification of Warranties 109A-2317. Cumulation and Conflict of Warranties Express or Implied 109A-2318. Third Party Beneficiaries of Warranties Express or Implied 109A-2319. F.O.B. and F.A.S. Terms 109A-2320. C.I.F. and C. F. Terms 109A-2321. C.I.F. or C. F.: Net Landed Weights; Payment on Arrival; Warranty of Condition on Arrival 109A-2322. Delivery Ex-Ship 109A-2323. Form of Bill of Lading Required in Overseas Shipment; Overseas 109A-2324. No Arrival, No Sale Term 109A-2325. Letter of Credit Term; Confirmed Credit 109A-2326. Sale on Approval and Sale or Return; Consignment Sales and Rights of Creditors 109A-2327. Special Incidents of Sale on Approval and Sale or Return 109A-2328. Sale by Auction 109A-2301. General Obligations of Parties. The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract. 109A-2302. Unconscionable Contract or Clause. (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

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(2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. 109A-2303. Allocation or Division of Risks. Where this Article allocates a risk or a burden as between the parties unless otherwise agreed, the agreement may not only shift the allocation but may also divide the risk or burden. 109A-2304. Price Payable in Money, Goods, Realty, or Otherwise. (1) The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer. (2) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this Article, but not the transfer of the interest in realty or the transferor's obligations in connection therewith. 109A-2305. Open Price Term. (1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if (a) nothing is said as to price; or (b) the price is left to be agreed by the parties and they fail to agree; or (c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.

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(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. (4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account. 109A-2306. Output, Requirements and Exclusive Dealings. (1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded. (2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale. 109A-2307. Delivery in Single Lot or Several Lots. Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot. 109A-2308. Absence of Specified Place for Delivery. Unless otherwise agreed (a) the place for delivery of goods is the seller's place of business or if he has none his residence; but

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(b) in a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and (c) documents of title may be delivered through customary banking channels. 109A-2309. Absence of Specific Time Provisions; Notice of Termination. (1) The time for shipment or delivery or any other action under a contract if not provided in this Article or agreed upon shall be a reasonable time. (2) Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party. (3) Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable. 109A-2310. Open Time for Payment or Running of Credit; Authority to Ship Under Reservation. Unless otherwise agreed (a) payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and (b) if the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (109A-2513); and

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(c) if delivery is authorized and made by way of documents of title otherwise than by subsection (b) then payment is due at the time and place at which the buyer is to receive the documents regardless of where the goods are to be received; and (d) where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period. 109A-2311. Options and Cooperation Respecting Performance. (1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of 109A-2204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness. (2) Unless otherwise agreed specifications relating to assortment of goods are at the buyer's option and except as otherwise provided in subsections (1) (c) and (3) of 109A-2319 specifications or arrangements relating to shipment are at the seller's option. (3) Where such specification would materially affect the other party's performance but is not seasonably made or where one party's cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies (a) is excused for any resulting delay in his own performance; and (b) may also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.

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109A-2312. Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement. (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that (a) the title conveyed shall be good, and its transfer rightful; and (b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have. (3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications. 109A-2313. Express Warranties by Affirmation, Promise, Description, Sample. (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

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(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the seller use formal words such as warrant or guarantee or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty. 109A-2314. Implied Warranty: Merchantability; Usage of Trade. (1) Unless excluded or modified (109A-2316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any.

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(3) Unless excluded or modified (109A-2316) other implied warranties may arise from course of dealing or usage of trade. 109A-2315. Implied Warranty: Fitness for Particular Purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose. 109A-2316. Exclusion or Modification of Warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (109A-2202) negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that There are no warranties which extend beyond the description on the face hereof. (3) Notwithstanding subsection (2) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like as is, with all faults or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and

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(b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade. (4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (109A-2718 and 2719). 109A-2317. Cumulation and Conflict of Warranties Express or Implied. Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. 109A-2318. Third Party Beneficiaries of Warranties Express or Implied. A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable

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to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section. 109A-2319. F.O.B. and F.A.S. Terms. (1) Unless otherwise agreed the term F.O.B. (which means free on board) at a named place, even though used only in connection with the stated price, is a delivery term under which (a) when the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this Article (109A-2504) and bear the expense and risk of putting them into the possession of the carrier; or (b) when the term is F.O.B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this Article (109A-2503); (c) when under either (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this Article on the form of bill of lading (109A-2323). (2) Unless otherwise agreed the term F.A.S. vessel (which means free alongside) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must (a) at his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and (b) obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.

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(3) Unless otherwise agreed in any case falling within subsection (1) (a) or (c) or subsection (2) the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this Article (109A-2311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment. (4) Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents. 109A-2320. C.I.F. and C. F. Terms. (1) The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. F. or C.F. means that the price so includes cost and freight to the named destination. (2) Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to (a) put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and (b) load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and (c) obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency

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of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and (d) prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and (e) forward and tender with commercial promptness all the documents in due form and with any indorsement necessary to perfect the buyer's rights. (3) Unless otherwise agreed the term C. F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance. (4) Under the term C.I.F. or C. F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents. 109A-2321. C.I.F. or C. F.: Net Landed Weights; Payment on Arrival; Warranty of Condition on Arrival. Under a contract containing a term C.I.F. or C. F. (1) Where the price is based on or is to be adjusted according to net landed weights, delivered weights, out turn quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness. (2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival

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places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss. (3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived. 109A-2322. Delivery Ex-Ship. (1) Unless otherwise agreed a term for delivery of goods ex-ship (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged. (2) Under such a term unless otherwise agreed (a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and (b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded. 109A-2323. Form of Bill of Lading Required in Overseas Shipment; Overseas. (1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. F., received for shipment. (2) Where in a case within subsection (1) a bill of lading has been issued in a set of parts, unless otherwise agreed if

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the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set (a) due tender of a single part is acceptable within the provisions of this Article on cure of improper delivery (sub-section (1) of 109A-2508); and (b) even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate. (3) A shipment by water or by air or a contract contemplating such shipment is overseas insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce. 109A-2324. No Arrival, No Sale Term. Under a term no arrival, no sale or terms of like meaning, unless otherwise agreed, (a) the seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the non-arrival; and (b) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (109A-2613). 109A-2325. Letter of Credit Term; Confirmed Credit. (1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.

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(2) The delivery to seller of a proper letter of credit suspends the buyer's obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him. (3) Unless otherwise agreed the term letter of credit or banker's credit in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term confirmed credit means that the credit must also carry the direct obligation of such an agency which does business in the seller's financial market. 109A-2326. Sale on Approval and Sale or Return; Consignment Sales and Rights of Creditors. (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is (a) a sale on approval if the goods are delivered primarily for use, and (b) a sale or return if the goods are delivered primarily for resale. (2) Except as provided in subsection (3), goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession. (3) where goods are delivered to a person for sale and such person maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery, then with respect to claims of creditors of the person conducting the business the goods are deemed to be on sale or return. The provisions of this subsection are applicable even though an agreemnt purports to reserve title to the person making delivery until payment or resale or uses such words as on consignment or on memorandum. However, this subsection is not applicable if the person making delivery

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(a) complies with an applicable law providing for a consignor's interest or the like to be evidenced by a sign, or (b) establishes that the person conducting the business is generally known by his creditors to be substantially engaged in selling the goods of others, or (c) complies with the filling provisions of the Article on Secured Transactions (Article 9). (4) Any or return term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this Article (109A-2201) and as contradicting the sale aspect of the contract within the provisions of this Article on patrol or extrinsic evidence (109A-2202). 109A-2327. Special Incidents of Sale on Approval and Sale or Return. (1) Under a sale on approval unless otherwise agreed (a) although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and (b) use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and (c) after due notification of election to return, the return is at the seller's risk and expense but a merchant buyer must follow any reasonable instructions. (2) Under a sale or return unless otherwise agreed (a) the option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and

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(b) the return is at the buyer's risk and expense. 109A-2328. Sale by Auction. (1) In a sale by auction if goods are put up in lots each lot is the subject of a separate sale. (2) A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling. (3) Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid. (4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale. PART 4 TITLE, CREDITORS AND GOOD FAITH PURCHASERS 109A-2401. Passing of Title; Reservation for Security; Limited Application of This Section 109A-2402. Rights of Seller's Creditors Against Sold Goods 109A-2403. Power to Transfer; Good Faith Purchase of Goods; Entrusting

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109A-2401. Passing of Title; Reservation for Security; Limited Application of This Section. Each provision of this Article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this Article and matters concerning title become material the following rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (109A-2501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this Act. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the Article on Secured Transactions (Article 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties. (2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading (a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but (b) if the contract requires delivery at destination, title passes on tender there. (3) Unless otherwise explicitly agreed where delivery is to be made without moving goods,

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(a) if the seller is to deliver a document of title, title passes at the time when and the place where he delivers such documents; or (b) if the goods are at the time of contracting already identified and no documents are to be delivered, title passes at the time and place of contracting. (4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of accepance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a sale. 109A-2402. Rights of Seller's Creditors Against Sold Goods. (1) Except as provided in subsections (2) and (3), rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyer's rights to recover the goods under this Article (109A-2502 and 2716). (2) A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent. (3) Nothing in this Article shall be deemed to impair the rights of creditors of the seller (a) under the provisions of the Article on Secured Transactions (Article 9); or (b) where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security or the like and is made under circumstances which under any

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rule of law of the state where the goods are situated would apart from this Article constitute the transaction a fraudulent transfer or avoidable preference. 109A-2403. Power to Transfer; Good Faith Purchase of Goods; Entrusting. (1) A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though (a) the transferor was deceived as to the identity of the purchaser, or (b) the delivery was in exchange for a check which is later dishonored, or (c) it was agreed that the transaction was to be a cash sale, or (d) the delivery was procured through fraud punishable as larcenous under the criminal law. (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business. (3) Entrusting includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law. (4) The rights of other purchasers of goods and of lien creditors are governed by the Articles on Secured Transactions (Article 9), Bulk Transfers (Article 6) and Documents of Title (Article 7).

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PART 5 PERFORMANCE 109A-2501. Insurable Interest in Goods; Manner of Identification of Goods 109A-2502. Buyer's Right to Goods on Seller's Insolvency 109A-2503. Manner of Seller's Tender of Delivery 109A-2504. Shipment by Seller 109A-2505. Seller's Shipment Under Reservation 109A-2506. Rights of Financing Agency 109A-2507. Effect of Seller's Tender; Delivery on Condition 109A-2508. Cure by Seller of Improper Tender or Delivery; Replacement 109A-2509. Risk of Loss in the Absence of Breach 109A-2510. Effect of Breach on Risk of Loss 109A-2511. Tender of Payment by Buyer; Payment by Check 109A-2512. Payment by Buyer Before Inspection 109A-2513. Buyer's Right to Inspection of Goods 109A-2514. When Documents Deliverable on Acceptance; When on Payment 109A-2515. Preserving Evidence of Goods in Dispute 109A-2501. Insurable Interest in Goods; Manner of Identification of Goods. (1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs (a) when the contract is made if it is for the sale of goods already existing and identified; (b) if the contract is for the sale of future goods other

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than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers; (c) when the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer. (2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified. (3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law. 109A-2502. Buyer's Right to Goods on Seller's Insolvency. (1) Subject to subsection (2) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if the seller becomes insolvent within ten days after receipt of the first installment on their price. (2) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale. 109A-2503. Manner of Seller's Tender of Delivery. (1) Tender of delivery requires that the seller put and hold conforming goods at the buyer's disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender

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are determined by the agreement and this Article, and in particular (a) tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but (b) unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods. (2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions. (3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section. (4) Where goods are in the possession of a bailee and are to be delivered without being moved (a) tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (b) tender to the buyer of a non-negotiable document of title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the non-negotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender. (5) Where the contract requires the seller to deliver documents

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(a) he must tender all such documents in correct form, except as provided in this Article with respect to bills of lading in a set (subsection (2) of 109A-2323); and (b) tender through customary banking channels is sufficient and dishonor of a draft accompanying the documents constitutes non-acceptance or rejection. 109A-2504. Shipment by Seller. Where the seller is required or authorized to send the goods to the buyer and the contract does not require him to deliver them at a particular destination, then unless otherwise agreed he must (a) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and (b) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and (c) promptly notify the buyer of the shipment. Failure to notify the buyer under paragraph (c) or to make a proper contract under paragraph (a) is a ground for rejection only if material delay or loss ensues. 109A-2505. Seller's Shipment Under Reservation. (1) Where the seller has identified goods to the contract by or before shipment: (a) his procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named.

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(b) a non-negotiable bill of lading to himself or his nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of 109A-2507) a non-negotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession of the bill of lading. (2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document. 109A-2506. Rights of Financing Agency. (1) A financing agency by paying or purchasing for value a draft which relates to a shipment of goods acquires to the extent of the payment or purchase and in addition to its own rights under the draft and any document of title securing it any rights of the shipper in the goods including the right to stop delivery and the shipper's right to have the draft honored by the buyer. (2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular on its face. 109A-2507. Effect of Seller's Tender; Delivery on Condition. (1) Tender of delivery is a condition to the buyer's duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract. (2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as

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against the seller to retain or dispose of them is conditional upon his making the payment due. 109A-2508. Cure by Seller of Improper Tender or Delivery; Replacement. (1) Where any tender or delivery by the seller is rejected because non-conforming and the time for performance has not yet expired, the seller may seasonably notify the buyer of his intention to cure and may then within the contract time make a conforming delivery. (2) Where the buyer rejects a non-conforming tender which the seller had reasonable grounds to believe would be acceptable with or without money allowance the seller may if he seasonably notifies the buyer have a further reasonable time to substitute a conforming tender. 109A-2509. Risk of Loss in the Absence of Breach. (1) Where the contract requires or authorizes the seller to ship the goods by carrier (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (109A-2505); but (b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery. (2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer. (a) on his receipt of a negotiable document of title covering the goods; or (b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or

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(c) after his receipt of a non-negotiable document of title or other written direction to deliver, as provided in subsection (4) (b) of 109A-2503. (3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery. (4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (109A-2327) and on effect of breach on risk of loss (109A-2510). 109A-2510. Effect of Breach on Risk of Loss. (1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance. (2) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning. (3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time. 109A-2511. Tender of Payment by Buyer; Payment by Check. (1) Unless otherwise agreed tender of payment is a condition to the seller's duty to tender and complete any delivery. (2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

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(3) Subject to the provisions of this Act on the effect of an instrument on an obligation (109A-3802), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment. 109A-2512. Payment by Buyer Before Inspection. (1) Where the contract requires payment before inspection non-conformity of the goods does not excuse the buyer from so making payment unless (a) the non-conformity appears without inspection; or (b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this Act (109A-5114). (2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of his remedies. 109A-2513. Buyer's Right to Inspection of Goods. (1) Unless otherwise agreed and subject to subsection (3), where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (2) Expenses of inspection must be borne by the buyer but may be recovered from the seller if the goods do not conform and are rejected. (3) Unless otherwise agreed and subject to the provisions of this Article on C.I.F. contracts (subsection (3) of 109A-2321), the buyer is not entitled to inspect the goods before payment of the price when the contract provides (a) for delivery C.O.D. or on other like terms; or

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(b) for payment against documents of title, except where such payment is due only after the goods are to become available for inspection. (4) A place or method of inspection fixed by the parties is presumed to be exclusive but unless otherwise expressly agreed it does not postpone identification or shift the place for delivery or for passing the risk of loss. If compliance becomes impossible, inspection shall be as provided in this section unless the place or method fixed was clearly intended as an indispensable condition failure of which avoids the contract. 109A-2514. When Documents Deliverable on Acceptance; When on Payment. Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment. 109A-2515. Preserving Evidence of Goods in Dispute. In furtherance of the adjustment of any claim or dispute (a) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and (b) the parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

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PART 6 BREACH, REPUDIATION AND EXCUSE 109A-2601. Buyer's Rights on Improper Delivery 109A-2602. Manner and Effect of Rightful Rejection 109A-2603. Merchant Buyer's Duties as to Rightfully Rejected Goods 109A-2604. Buyer's Options as to Salvage of Rightfully Rejected Goods 109A-2605. Waiver of Buyer's Objections by Failure to Particularize 109A-2606. What Constitutes Acceptance of Goods 109A-2607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over 109A-2608. Revocation of Acceptance in Whole or in Part 109A-2609. Right to Adequate Assurance of Performance 109A-2610. Anticipatory Repudiation 109A-2611. Retraction of Anticipatory Repudiation 109A-2612. Installment Contract; Breach 109A-2613. Casualty to Identified Goods 109A-2614. Substituted Performance 109A-2615. Excuse by Failure of Presupposed Conditions 109A-2616. Procedure on Notice Claiming Excuse 109A-2601. Buyer's Rights on Improper Delivery. Subject to the provisions of this Article on breach in installment contracts (109A-2612) and unless otherwise agreed under the sections on contractual limitations of remedy (109A-2718 and 2719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or

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(c) accept any commercial unit or units and reject the rest. 109A-2602. Manner and Effect of Rightful Rejection. (1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (2) Subject to the provisions of the two following sections on rejected goods (109A-2603 and 2604), (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of 109A-2711), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but (c) the buyer has no further obligations with regard to goods rightfully rejected. (3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this Article on Seller's remedies in general (109A-2703). 109A-2603. Merchant Buyer's Duties as to Rightfully Rejected Goods. (1) Subject to any security interest in the buyer (subsection (3) of 109A-2711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they are perishable or threaten

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to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming. (2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten per cent on the gross proceeds. (3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder in neither acceptance nor conversion nor the basis of an action for damages. 109A-2604. Buyer's Options as to Salvage of Rightfully Rejected Goods. Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to him or resell them for the seller's account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion. 109A-2605. Waiver of Buyer's Objections by Failure to Particularize. (1) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish breach (a) where the seller could have cured it if stated seasonably; or (b) between merchants when the seller has after rejection made a request in writing for a full and final written statement of all defects on which the buyer proposes to rely.

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(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent on the face of the documents. 109A-2606. What Constitutes Acceptance of Goods. (1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or (b) fails to make an effective rejection (subsection (1) of 109A-2602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or (c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him. (2) Acceptance of a part of any commercial unit is acceptance of that entire unit. 109A-2607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over. (1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted

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(a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and (b) if the claim is one for infringement or the like (subsection (3) of 109A-2312) and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation. (4) The burden is on the buyer to establish any breach with respect to the goods accepted. (5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over (a) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound. (b) if the claim is one for infringement or the like (subsection (3) of 109A-2312) the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred. (6) The provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of 109A-2312). 109A-2608. Revocation of Acceptance in Whole or in Part. (1) The buyer may revoke his acceptance of a lot or

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commercial unit whose non-conformity substantially impairs its value to him if he has accepted it (a) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or (b) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances. (2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it. (3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them. 109A-2609. Right to Adequate Assurance of Performance. (1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return. (2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards. (3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. (4) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such

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assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract. 109A-2610. Anticipatory Repudiation. When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may (a) for a commercially reasonable time await performance by the repudiating party; or (b) resort to any remedy for breach (109A-2703 or 109A-2711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and (c) in either case suspend his own performance or proceed in accordance with the provisions of this Article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (109A-2704). 109A-2611. Retraction of Anticipatory Repudiation. (1) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final. (2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this Article (109A-2609). (3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.

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109A-2612. Installment Contract; Breach. (1) An installment contract is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause each delivery is a separate contract or its equivalent. (2) The buyer may reject any installment which is nonconforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is a defect in the required documents; but if the non-conformity does not fall within subsection (3) and the seller gives adequate assurance of its cure the buyer must accept that installment. (3) Whenever non-conformity or default with respect to one or more installments substantially impairs the value of the whole contract there is a breach of the whole. But the aggrived party reinstates the contract if he accepts a non-conforming installment without seasonably notifying of cancellation or if he brings an action with respect only to past installments or demands performance as to future installments. 109A-2613. Casualty to Identified Goods. Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a no arrival, no sale term (109A-2324) then (a) if the loss is total the contract is avoided; and (b) if the loss is partial or the goods have so deteriorated as no longer to conform to the contract the buyer may nevertheless demand inspection and at his option either treat the contract as avoided or accept the goods with due allowance from the contract price for the deterioration or the deficiency in quantity but without further right against the seller.

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109A-2614. Substituted Performance. (1) Where without fault of either party the agreed berthing, loading, or unloading facilities fail or an agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable but a commercially reasonable substitute is available, such substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive or predatory. 109A-2615. Excuse by Failure of Presupposed Conditions. Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance: (a) Delay in delivery or non-delivery in whole or in part by a seller who complies with paragraphs (b) and (c) is not a breach of his duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid. (b) Where the clauses mentioned in paragraph (a) affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufacture. He may so allocate in any manner which is fair and reasonable.

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(c) The seller must notify the buyer seasonably that there will be delay or non-delivery and, when allocation is required under paragraph (b), of the estimated quota thus made available for the buyer. 109A-2616. Procedure on Notice Claiming Excuse. (1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this Article relating to breach of installment contracts (109A-2612), then also as to the whole, (a) terminate and thereby discharge any unexecuted portion of the contract; or (b) modify the contract by agreeing to take his available quota in substitution. (2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty days the contract lapses with respect to any deliveries affected. (3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section. PART 7 REMEDIES 109A-2701. Remedies for Breach of Collateral Contracts Not Impaired 109A-2702. Seller's Remedies on Discovery of Buyer's Insolvency 109A-2703. Seller's Remedies in General

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109A-2704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods 109A-2705. Seller's Stoppage of Delivery in Transit or Otherwise 109A-2706. Seller's Resale Including Contract for Resale 109A-2707. Person in the Position of a Seller 109A-2708. Seller's Damages for Non-acceptance or Repudiation 109A-2709. Action for the Price 109A-2710. Seller's Incidental Damages 109A-2711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods 109A-2712. Cover; Buyer's Procurement of Substitute Goods 109A-2713. Buyer's Damages for Non-Delivery or Repudiation 109A-2714. Buyer's Damages for Breach in Regard to Accepted Goods 109A-2715. Buyer's Incidental and Consequential Damages 109A-2716. Buyer's Right to Specific Performance or Replevin 109A-2717. Deduction of Damages From the Price 109A-2718. Liquidation or Limitation of Damages; Deposits 109A-2719. Contractual Modification or Limitation of Remedy 109A-2720. Effect of Cancellation or Rescission on Claims for Antecedent Breach 109A-2721. Remedies for Fraud 109A-2722. Who Can Sue Third Parties for Injury to Goods 109A-2723. Proof of Market Price: Time and Place 109A-2724. Admissibility of Market Quotations 109A-2725. Statute of Limitations in Contracts for Sale

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109A-2701. Remedies for Breach of Collateral Contracts Not Impaired. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale not impaired by the provisions of this Article. 109A-2702. Seller's Remedies on Discovery of Buyer's Insolvency. (1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this Article (109A-2705). (2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay. (3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this Article (109A-2403). Successful reclamation of goods excludes all other remedies with respect to them. 109A-2703. Seller's Remedies in General. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (109A-2612), then also with respect to the whole undelivered balance, the aggrieved seller may (a) withhold delivery of such goods;

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(b) stop delivery by any bailee as hereafter provided (109A-2705); (c) proceed under the next section respecting goods still unidentified to the contract; (d) resell and recover damages as hereafter provided (109A-2706); (e) recover damages for non-acceptance (109A-2708) or in a proper case the price (109A-2709); (f) cancel. 109A-2704. Seller's Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods. (1) An aggrieved seller under the preceding section may (a) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control; (b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished. (2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner. 109A-2705. Seller's Stoppage of Delivery in Transit or Otherwise. (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (109A-2702) and may stop delivery of carload, truckload, planeload or larger shipments of express

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or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods. (2) As against such buyer the seller may stop delivery until (a) receipt of the goods by the buyer; or (b) acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or (c) such acknowledgment to the buyer by a carrier by reshipment or as warehouseman; or (d) negotiation to the buyer of any negotiable document of title covering the goods. (3) (a) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (b) After such notification the bailee must hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages. (c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of the document. (d) A carrier who has issued a non-negotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor. 109A-2706. Seller's Resale Including Contract for Resale. (1) Under the conditions stated in 109A-2703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price

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and the contract price together with any incidental damages allowed under the provisions of this Article (109A-2710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but is it not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach. (3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell. (4) Where the resale is at public sale (a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and (b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and (c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and (d) the seller may buy. (5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.

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(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (109A-2707) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of 109A-2711). 109A-2707. Person in the Position of a Seller. (1) A person in the position of a seller includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller. (2) A person in the position of a seller may as provided in this Article withhold or stop delivery (109A-2705) and resell (109A-2706) and recover incidental damages (109A-2710). 109A-2708. Seller's Damages for Non-acceptance or Repudiation. (1) Subject to subsection (2) and to the provisions of this Article with respect to proof of market price (109A-2723), the measure of damages for non-acceptance or repudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this Article (109A-2710), but less expenses saved in consequence of the buyer's breach. (2) If the measure of damages provided in subsection (1) is inadequate to put the seller in as good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this Article (109A-2710), due allowance for costs reasonably incurred and due credit for payments or proceeds of resale.

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109A-2709. Action for the Price. (1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (b) of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing. (2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold. (3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (109A-2610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for non-acceptance under the preceding section. 109A-2710. Seller's Incidental Damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach. 109A-2711. Buyer's Remedies in General; Buyer's Security Interest in Rejected Goods. (1) Where the seller fails to make delivery or repudiates or the buyer rightfully rejects or justifiably revokes acceptance

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then with respect to any goods involved, and with respect to the whole if the breach goes to the whole contract (109A-2612), the buyer may cancel and whether or not he has done so may in addition to recovering so much of the price as has been paid (a) cover and have damages under the next section as to all the goods affected whether or not they have been identified to the contract; or (b) recover damages for non-delivery as provided in this Article (109A-2713). (2) Where the seller fails to deliver or repudiates the buyer may also (a) if the goods have been identified recover them as provided in this Article (109A-2502); or (b) in a proper case obtain specific performance or replevy the goods as provided in this Article (109A-2716). (3) On rightful rejection or justifiable revocation of acceptance a buyer has a security interest in goods in his possession or control for any payments made on their price and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold such goods and resell them in like manner as an aggrieved seller (109A-2706). 109A-2712 Cover; Buyer's Procurement of Substitute Goods. (1) After a breach within the preceding section the buyer may cover by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller. (2) The buyer may recover from the seller as damages the difference between the cost of cover and the contract

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price together with any incidental or consequential damages as hereinafter defined (109A-2715), but less expenses saved in consequence of the seller's breach. (3) Failure of the buyer to effect cover within this section does not bar him from any other remedy. 109A-2713. Buyer's Damages for Non-Delivery or Repudiation. (1) Subject to the provisions of this Article with respect to proof of market price (109A-2723), the measure of damages for non-delivery or repudiation by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (109A-2715), but less expenses saved in consequence of the seller's breach. (2) Market price is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. 109A-2714. Buyer's Damages for Breach in Regard to Accepted Goods. (1) Where the buyer has accepted goods and given notification (subsection (3) of 109A-2607) he may recover as damages for any non-conformity of tender the loss resulting in the ordinary course of events from the seller's breach as determined in any manner which is reasonable. (2) The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted, unless special circumstances show proximate damages of a different amount. (3) In a proper case any incidental and consequential damages under the next section may also be recovered.

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109A-2715. Buyer's Incidental and Consequential Damages. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach. (2) Consequential damages resulting from the seller's breach include (a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) injury to person or property proximately resulting from any breach of warranty. 109A-2716. Buyer's Right to Specific Performance or Replevin. (1) Specific performance may be decreed where the goods are unique or in other proper circumstances. (2) The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just. (3) The buyer has a right of replevin for goods identified to the contract if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. 109A-2717. Deduction of Damages From the Price. The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from

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any breach of the contract from any part of the price still due under the same contract. 109A-2718. Liquidation or Limitation of Damages; Deposits. (1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or non-feasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty. (2) Where the seller justifiably withholds delivery of goods because of the buyer's breach, the buyer is entitled to restitution of any amount by which the sum of his payments exceeds (a) the amount to which the seller is entitled by virtue of terms liquidating the seller's damages in accordance with subsection (1), or (b) in the absence of such terms, twenty per cent of the value of the total performance for which the buyer is obligated under the contract or $500, whichever is smaller. (3) The buyer's right to restitution under subsection (2) is subject to offset to the extent that the seller establishes (a) a right to recover damages under the provisions of this Article other than subsection (1), and (b) the amount or value of any benefits received by the buyer directly or indirectly by reason of the contract. (4) Where a seller has received payment in goods their reasonable value or the proceeds of their resale shall be treated as payments for the purposes of subsection (2); but if the seller has notice of the buyer's breach before reselling goods received in part performance, his resale is subject to the conditions laid down in this Article on resale by an aggrieved seller (109A-2706).

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109A-2719. Contractual Modification or Limitation of Remedy. (1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages, (a) the agreement may provide for remedies in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable under this Article, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts; and (b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy. (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this Act. (3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not. 109A-2720. Effect of Cancellation or Rescission on Claims for Antecedent Breach. Unless the contrary intention clearly appears, expressions of cancellation or rescission of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach. 109A-2721. Remedies for Fraud. Remedies for material misrepresentation or fraud include all remedies available under this Article for non-fraudulent breach. Neither rescission or a claim for rescission of the

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contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy. 109A-2722. Who can Sue Third Parties for Injury to Goods. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other; (b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract; (c) either party may with the consent of the other sue for the benefit of whom it may concern. 109A-2723. Proof of Market Price: Time and Place. (1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (109A-2708 or 109A-2713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation. (2) If evidence of a price prevailing at the times or places described in this Article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial

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judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place. (3) Evidence of a relevant price prevailing at a time or place other than the one described in this Article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise. 109A-2724. Admissiblity of Market Quotations. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility. 109A-2725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available

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a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary duscibtubyabce or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this Act becomes effective. CHAPTER 109A-3 ARTICLE 3 COMMERCIAL PAPER PART 1 SHORT TITLE, FORM AND INTERPRETATION 109A-3101. Short Title 109A-3102. Definitions and Index of Definitions 109A-3103. Limitations on Scope of Article 109A-3104. Form of Negotiable Instruments; Draft; Check; Certificate of Deposit; Note 109A-3105. When Promise or Order Unconditional 109A-3106. Sum Certain 109A-3107. Money 109A-3108. Payable on Demand 109A-3109. Definite Time 109A-3110. Payable to Order 109A-3111. Payable to Bearer 109A-3112. Terms and Omissions Not Affecting Negotiability 109A-3113. Seal 109A-3114. Date, Antedating, Postdating 109A-3115. Incomplete Instruments

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109A-3116. Instruments Payable to Two or More Persons 109A-3117. Instruments Payable With Words of Description 109A-3118. Ambiguous Terms and Rules of Construction 109A-3119. Other Writings Affecting Instrument 109A-3120. Instruments Payable Through Bank 109A-3121. Instruments Payable at Bank 109A-3122. Accrual of Cause of Action 109A-3101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeCommercial Paper. 109A-3102. Definitions and Index of Definitions. (1) In this Article unless the context otherwise requires (a) Issue means the first delivery of an instrument to a holder or a remitter. (b) An order is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in succession. (c) A Promise is an undertaking to pay and must be more than an acknowledgment of an obligation. (d) Secondary party means a drawer or indorser. (e) Instrument means a negotiable instrument. (2) Other definitions applying to this Article and the sections in which they appear are: Acceptance. 109A-3410. Accommodation party. 109A-3415.

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Alteration. 109A-3407. Certificate of deposit. 109A-3104. Certification. 109A-3411. Check. 109A-3104. Definite time. 109A-3109. Dishonor. 109A-3507. Draft. 109A-3104. Holder in due course. 109A-3302. Negotiation. 109A-3202. Note. 109A-3104. Notice of dishonor. 109A-3508. On demand. 109A-3108. Presentment. 109A-3504. Protest. 109A-3509. Restrictive Indorsement. 109A-3205. Signature. 109A-3401. (3) The following definitions in other Articles apply to this Article: Account. 109A-4104. Banking Day. 109A-4104. Clearing house. 109A-4104. Collecting bank. 109A-4105. Customer. 109A-4104. Depositary Bank. 109A-4105. Documentary Draft. 109A-4104. Intermediary Bank. 109A-4105. Item. 109A-4104. Midnight deadline. 109A-4104. Payor bank. 109A-4105. (4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-3103. Limitations on Scope of Article. (1) This Article does not apply to money, documents of title or investment securities. (2) The provisions of this Article are subject to the provisions

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of the Article on Bank Deposits and Collections (Article 4) and Secured Transactions (Article 9). 109A-3104. Form of Negotiable Instruments; Draft; Check; Certificate of Deposit; Note. (1) Any writing to be a negotiable instrument within this Article must (a) be signed by the maker or drawer; and (b) contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation or power given by the maker or drawer except as authorized by this Article; and (c) be payable on demand or at a definite time; and (d) be payable to order or to bearer. (2) A writing which complies with the requirements of this section is (a) a draft (bill of exchange) if it is an order; (b) a check if it is a draft drawn on a bank and payable on demand; (c) a certificate of deposit if it is an acknowledgment by a bank of receipt of money with an engagement to repay it; (d) a note if it is a promise other than a certificate of deposit. (3) As used in other Articles of this Act, and as the context may require, the terms draft, check, certificate of deposit and note may refer to instruments which are not negotiable within this Article as well as to instruments which are so negotiable.

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109A-3105. When Promise or Order Unconditional. (1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument (a) is subject to implied or constructive conditions; or (b) states its consideration, whether performed or promised, or the transaction which gave rise to the instrument, or that the promise or order is made or the instrument matures in accordance with or as per such transaction; or (c) refers to or states that it arises out of a separate agreement; or (d) states that it is drawn under a letter of credit; or (e) states that it is secured, whether by mortgage, reservation of title or otherwise; or (f) indicates a particular account to be debited or any other fund or source from which reimbursement is expected; or (g) is limited to payment out of a particular fund or the proceeds of a particular source, if the instrument is issued by a government or governmental agency or unit; or (h) is limited to payment out of the entire assets of a partnership, unincorporated association, trust or estate by or on behalf of which the instrument is issued. (2) A promise or order is not unconditional if the instrument (a) states that it is subject to or governed by any other agreement; or (b) states that it is to be paid only out of a particular fund or source except as provided in this section. 109A-3106. Sum Certain. (1) The sum payable is a sum certain even though it is to be paid

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(a) with stated interest or by stated installments; or (b) with stated different rates of interest before and after default or a specified date; or (c) with a stated discount or addition if paid before or after the date fixed for payment; or (d) with exchange or less exchange, whether at a fixed rate or at the current rate; or (e) with costs of collection or an attorney's fee or both upon default. (2) Nothing in this section shall validate any term which is otherwise illegal. 109A-3107. Money. (1) An instrument is payable in money if the medium of exchange in which it is payable is money at the time the instrument is made. An instrument payable in currency or current funds is payable in money. (2) A promise or order to pay a sum stated in a foreign currency is for a sum certain in money and, unless a different medium of payment is specified in the instrument, may be satisfied by payment of that number of dollars which the stated foreign currency will purchase at the buying sight rate for that currency on the day on which the instrument is payable or, if payable on demand, on the day of demand. If such an instrument specifies a foreign currency as the medium of payment the instrument is payable in that currency. 109A-3108. Payable on Demand. Instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated.

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109A-3109. Definite Time. (1) An instrument is payable at a definite time if by its terms it is payable (a) on or before a stated date or at a fixed period after a stated date; or (b) at a fixed period after sight; or (c) at a definite time subject to any acceleration; or (d) at a definite time subject to extension at the option of the holder, or to extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event. (2) An instrument which by its terms is otherwise payable only upon an act or event uncertain as to time of occurrence is not payable at a definite time even though the act or event has occurred. 109A-3110. Payable to Order. (1) An instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or his order, or when it is conspicuously designated on its face as exchange or the like and names a payee. It may be payable to the order of (a) the maker or drawer; or (b) the drawee; or (c) a payee who is not maker, drawer or drawee; or (d) two or more payees together or in the alternative; or (e) an estate, trust or fund, in which case it is payable to the order of the representative of such estate, trust or fund or his successors; or

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(f) an office, or an officer by his title as such in which case it is payable to the principal but the incumbent of the office or his successors may act as if he or they were the holder; or (g) a partnership or unincorporated association, in which case it is payable to the partnership or association and may be indorsed or transferred by any person thereto authorized. (2) An instrument not payable to order is not made so payable by such words as payable upon return of this instrument properly indorsed. (3) An instrument made payable both to order and to bearer is payable to order unless the bearer words are handwritten or typewritten. 109A-3111. Payable to Bearer. An instrument is payable to bearer when by its terms it is payable to (a) bearer or the order of bearer; or (b) a specified person or bearer; or (c) cash or the order of cash, or any other indication which does not purport to designate a specific payee. 109A-3112. Terms and Omissions Not Affecting Negotiability. (1) The negotiability of an instrument is not affected by (a) the omission of a statement of any consideration or of the place where the instrument is drawn or payable; or (b) a statement that collateral has been given for the instrument or in case of default on the instrument the collateral may be sold; or (c) a promise or power to maintain or protect collateral or to give additional collateral; or

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(d) a term authorizing a confession of judgment on the instrument if it is not paid when due; or (e) a term purporting to waive the benefit of any law intended for the advantage or protection of any obligor; or (f) a term in a draft providing that the payee by indorsing or cashing it acknowledges full satisfaction of an obligation of the drawer; or (g) a statement in a draft drawn in a set of parts (109A-3801) to the effect that the order is effective only if no other part has been honored. (2) Nothing in this section shall validate any term which is otherwise illegal. 109A-3113. Seal. An instrument otherwise negotiable is within this Article even though it is under a seal. 109A-3114. Date, Antedating, Postdating. (1) The negotiability of an instrument is not affected by the fact that it is undated, antedated or postdated. (2) Where an instrument is antedated or postdated the time when it is payable is determined by the stated date if the instrument is payable on demand or at a fixed period after date. (3) Where the instrument or any signature thereon is dated, the date is presumed to be correct. 109A-3115. Incomplete Instruments. (1) When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed.

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(2) If the completion is unauthorized the rules as to material alteration apply (109A-3407), even though the paper was not delivered by the maker or drawer; but the burden of establishing that any completion is unauthorized is on the party so asserting. 109A-3116. Instruments Payable to Two or More Persons. An instrument payable to the order of two or more persons (a) if in the alternative is payable to any one of them and may be negotiated, discharged or enforced by any of them who has possession of it; (b) if not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them. 109A-3117. Instruments Payable With Words of Description. An instrument made payable to a named person with the addition of words describing him (a) as agent or officer of a specified person is payable to his principal but the agent or officer may act as if he were the holder; (b) as any other fiduciary for a specified person or purpose is payable to the payee and may be negotiated, discharged or enforced by him; (c) in any other manner is payable to the payee unconditionally and the additional words are without effect on subsequent parties. 109A-3118. Ambiguous Terms and Rules of Construction. The following rules apply to every instrument: (a) Where there is doubt whether the instrument is a draft or a note the holder may treat it as either. A draft drawn on the drawer is effective as a note.

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(b) Handwritten terms control typewritten and printed terms, and typewritten control printed. (c) Words control figures except that if the words are ambiguous figures control. (d) Unless otherwise specified a provision for interest means interest at the judgment rate at the place of payment from the date of the instrument, or if it is undated from the date of issue. (e) Unless the instrument otherwise specifies two or more persons who sign as maker, acceptor or drawer or indorser and as a part of the same transaction are jointly and severally liable even though the instrument contains such words as I promise to pay. (f) Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period. A consent to extension, expressed in the instrument, is binding on secondary parties and accommodation makers. A holder may not exercise his option to extend an instrument over the objection of a maker or acceptor or other party who in accordance with 109A-3604 tenders full payment when the instrument is due. 109A-3119. Other Writings Affecting Instrument. (1) As between the obligor and his immediate obligee or any transferee the terms of an instrument may be modified or affected by any other written agreement executed as a part of the same transaction, except that a holder in due course is not affected by any limitation of his rights arising out of the separate written agreement if he had no notice of the limitation when he took the instrument. (2) A separate agreement does not affect the negotiability of an instrument. 109A-3120. Instruments Payable Through Bank. An instrument which states that it is payable through

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a bank or the like designates that bank as a collecting bank to make presentment but does not of itself authorize the bank to pay the instrument. 109A-3121. Instruments Payable at Bank. A note or acceptance which states that it is payable at a bank is not of itself an order or authorization to the bank to pay it. 109A-3122. Accrual of Cause of Action. (1) A cause of action against a maker or an acceptor accrues (a) in the case of a time instrument on the day after maturity; (b) in the case of a demand instrument upon its date or, if no date is stated, on the date of issue. (2) A cause of action against the obligor of a demand or time certificate of deposit accrues upon demand, but demand on a time certificate may not be made until on or after the date of maturity. (3) A cause of action against a drawer of a draft or an indorser of any instrument accrues upon demand following dishonor of the instrument. Notice of dishonor is a demand. (4) Unless an instrument provides otherwise, interest runs at the rate provided by law for a judgment (a) in the case of a maker of a demand note, from the date of demand; (b) in all other cases from the date of accrual of the cause of action.

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PART 2 TRANSFER AND NEGOTIATION 109A-3201. Transfer: Right to Indorsement 109A-3202. Negotiation 109A-3203. Wrong or Misspelled Name 109A-3204. Special Indorsement; Blank Indorsement 109A-3205. Restrictive Indorsements 109A-3206. Effect of Restrictive Indorsement 109A-3207. Negotiation Effective Although It May Be Rescinded 109A-3208. Reacquisition 109A-3201. Transfer: Right to Indorsement. (1) Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument or who as a prior holder had notice of a defense or claim against it cannot improve his position by taking from a later holder in due course. (2) A transfer of a security interest in an instrument vests the foregoing rights in the transferee to the extent of the interest transferred. (3) Unless otherwise agreed any trasfer for value of an instrument not then payable to bearer gives the transferee the specifically enforceable right to have the unqualified indorsement of the transferor. Negotiation takes effect only when the indorsement is made and until that time there is no presumption that the transferee is the owner. 109A-3202. Negotiation. (1) Negotiation is the transfer of an instrument in such form that the transferee becomes a holder. If the instrument is payable to order it is negotiated by delivery with any necessary indorsement; if payable to bearer it is negotiated by delivery.

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(2) An indorsement must be written by or on behalf of the holder and on the instrument or on a paper so firmly affixed thereto as to become a part thereof. (3) An indorsement is effective for negotiation only when it conveys the entire instrument or any unpaid residue. If it purports to be of less it operates only as a partial assignment. (4) Words of assignment, condition, waiver, guaranty, limitation or disclaimer of liability and the like accompanying an indorsement do not affect its character as an indorsement. 109A-3203. Wrong or Misspelled Name. Where an instrument is made payable to a person under a misspelled name or one other than his own he may indorse in that name or his own or both; but signature in both names may be required by a person paying or giving value for the instrument. 109A-3204. Special Indorsement; Blank Indorsement. (1) A special indorsement specifies the person to whom or to whose order it makes the instrument payable. Any instrument specially indorsed becomes payable to the order of the special indorsee and may be further negotiated only by his indorsement. (2) An indorsement in blank specifies no particular indorsee and may consist of a mere signature. An instrument payable to order and indorsed in blank becomes payable to bearer and may be negotiated by delivery alone until specially indorsed. (3) The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement.

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109A-3205. Restrictive Indorsements. An indorsement is restrictive which either (a) is conditional; or (b) purports to prohibit further transfer of the instrument; or (c) includes the words for collection, for deposit, pay any bank, or like terms signifying a purpose of deposit or collection; or (d) otherwise states that it is for the benefit or use of the indorser or of another person. 109A-3206. Effect of Restrictive Indorsement. (1) No restrictive indorsement prevents further transfer or negotiation of the instrument. (2) An intermediary bank, or a payor bank which is not the depositary bank, is neither given notice nor otherwise affected by a restrictive indorsement of any person except the bank's immediate transferor or the person presenting for payment. (3) Except for an intermediary bank, any transferee under an indorsement which is conditional or includes the words for collection, for deposit, pay any bank, or like terms (subparagraphs (a) and (c) of 109A-3205) must pay or apply any value given by him for or on the security of the instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such transferee is a holder in due course if he otherwise complies with the requirements of 109A-3302 on what constitutes a holder in due course. (4) The first taker under an indorsement for the benefit of the indorser or another person (subparagraph (d) of

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109A-3205) must pay or apply any value given by him for or on the security of the instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such taker is a holder in due course if he otherwise complies with the requirements of 109A-3302 on what constitutes a holder in due course. A later holder for value is neither given notice nor otherwise affected by such restrictive indorsement unless he has knowledge that a fiduciary or other person has negotiated the instrument in any transaction for his own benefit or otherwise in breach of duty (subsection (2) of 109A-3304). 109A-3207. Negotiation Effective Although It May Be Rescinded. (1) Negotiation is effective to transfer the instrument although the negotiation is (a) made by an infant, a corporation exceeding its powers, or any other person without capacity; or (b) obtained by fraud, duress or mistake of any kind; or (c) part of an illegal transaction; or (d) made in breach of duty. (2) Except as against a subsequent holder in due course such negotiation is in an appropriate case subject to rescission, the declaration of a constructive trust or any other remedy permitted by law. 109A-3208. Reacquisition. Where an instrument is returned to or reacquired by a prior party he may cancel any indorsement which is not necessary to his title and reissue or further negotiate the instrument, but any intervening party is discharged as against the reacquiring party and subsequent holders not in due course and if his indorsement has been cancelled is discharged as against subsequent holders in due course as well.

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PART 3 RIGHTS OF A HOLDER 109A-3301. Rights of a Holder 109A-3302. Holder in Due Course 109A-3303. Taking for Value 109A-3304. Notice to Purchaser 109A-3305. Rights of a Holder in Due Course 109A-3306. Rights of One Not Holder in Due Course 109A-3307. Burden of Establishing Signatures, Defenses and Due Course 109A-3301. Rights of a Holder. The holder of an instrument whether or not he is the owner may transfer or negotiate it and, except as otherwise provided in 109A-3603 on payment or satisfaction, discharge it or enforce payment in his own name. 109A-3302. Holder in Due Course. (1) A holder in due course is a holder who takes the instrument (a) for value; and (b) in good faith; and (c) without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. (2) A payee may be a holder in due course. (3) A holder does not become a holder in due course of an instrument: (a) by purchase of it at judicial sale or by taking it under legal process; or (b) by acquiring it in taking over an estate; or

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(c) by purchasing it as part of a bulk transaction not in regular course of business of the transferor. (4) A purchaser of a limited interest can be a holder in due course only to the extent of the interest purchased. 109A-3303. Taking for Value. A holder takes the instrument for value (a) to the extent that the agreed consideration has been performed or that he acquires a security interest in or a lien on the instrument otherwise than by legal process; or (b) when he takes the instrument in payment of or as security for an antecedent claim against any person whether or not the claim is due; or (c) when he gives a negotiable instrument for it or makes an irrevocable commitment to a third person. 109A-3304. Notice to Purchaser. (1) The purchaser has notice of a claim or defense if (a) the instrument is so incomplete, bears such visible evidence of forgery or alteration, or is otherwise so irregular as to call into question its validity, terms or ownership or to create an ambiguity as to the party to pay; or (b) the purchaser has notice that the obligation of any party is voidable in whole or in part, or that all parties have been discharged. (2) The purchaser has notice of a claim against the instrument when he has knowledge that a fiduciary has negotiated the instrument in payment of or as security for his own debt or in any transaction for his own benefit or otherwise in breach of duty. (3) The purchaser has notice that an instrument is overdue if he has reason to know

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(a) that any part of the principal amount is overdue or that there is an uncured default in payment of another instrument of the same series; or (b) that acceleration of the instrument has been made; or (c) that he is taking a demand instrument after demand has been made or more than a reasonable length of time after its issue. A reasonable time for a check drawn and payable within the states and territories of the United States and the District of Columbia is presumed to be thirty days. (4) Knowledge of the following facts does not of itself give the purchaser notice of a defense or claim (a) that the instrument is antedated or postdated; (b) that it was issued or negotiated in return for an executory promise or accompanied by a separate agreement, unless the purchaser has notice that a defense or claim has arisen from the terms thereof; (c) that any party has signed for accommodation; (d) that an incomplete instrument has been completed, unless the purchaser has notice of any improper completion; (e) that any person negotiating the instrument is or was a fiduciary; (f) that there has been default in payment of interest on the instrument or in payment of any other instrument, except one of the same series. (5) The filing or recording of a document does not of itself constitute notice within the provisions of this Article to a person who would otherwise be a holder in due course. (6) To be effective notice must be received at such time and in such manner as to give a reasonable opportunity to act on it.

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109A-3305. Rights of a Holder in Due Course. To the extent that a holder is a holder in due course he takes the instrument free from (1) all claims to it on the part of any person; and (2) all defenses of any party to the instrument with whom the holder has not dealt except (a) infancy, to the extent that it is a defense to a simple contract; and (b) such other incapacity, or duress, or illegality of the transaction, as renders the obligation of the party a nullity; and (c) such misrepresentation as has induced the party to sign the instrument with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms; and (d) discharge in insolvency proceedings; and (e) any other discharge of which the holder has notice when he takes the instrument. 109A-3306. Rights of One Not Holder in Due Course. Unless he has the rights of a holder in due course any person takes the instrument subject to (a) all valid claims to it on the part of any person; and (b) all defenses of any party which would be available in an action on a simple contract; and (c) the defenses of want or failure of consideration, non-performance of any condition precedent, non-delivery, or delivery for a special purpose (109A-3408); and (d) the defense that he or a person through whom he

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holds the instrument acquired it by theft, or that payment or satisfaction to such holder would be inconsistent with the terms of a restrictive indorsement. The claim of any third person to the instrument is not otherwise available as a defense to any party liable thereon unless the third person himself defends the action for such party. 109A-3307. Burden of Establishing Signatures, Defenses and Due Course. (1) Unless specifically denied in the pleadings each signature on an instrument is admitted. When the effectiveness of a signature is put in issue (a) the burden of establishing it is on the party claiming under the signature; but (b) the signature is presumed to be genuine or authorized except where the action is to enforce the obligation of a purported signer who has died or become incompetent before proof is required. (2) When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. (3) After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course. PART 4 LIABILITY OF PARTIES 109A-3401. Signature 109A-3402. Signature in Ambiguous Capacity 109A-3403. Signature by Authorized Representative 109A-3404. Unauthorized Signatures 109A-3405. Imposters; Signature in Name of Payee 109A-3406. Negligence Contributing to Alteration or Unauthorized Signature

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109A-3407. Alteration 109A-3408. Consideration 109A-3409. Draft Not an Assignment 109A-3410. Definition and Operation of Acceptance 109A-3411. Certification of a Check 109A-3412. Acceptance Varying Draft 109A-3413. Contract of Maker, Drawer and Acceptor 109A-3414. Contract of Indorser; Order of Liability 109A-3415. Contract of Accommodation Party 109A-3416. Contract of Guarantor 109A-3417. Warranties on Presentment and Transfer 109A-3418. Finality of Payment or Acceptance 109A-3419. Conversion of Instrument; Innocent Representative 109A-3401. Signature. (1) No person is liable on an instrument unless his signature appears thereon. (2) A signature is made by use of any name, including any trade or assumed name, upon an instrument, or by any word or mark used in lieu of a written signature. 109A-3402. Signature in Ambiguous Capacity. Unless the instrument clearly indicates that a signature is made in some other capacity it is an indorsement. 109A-3403. Signature by Authorized Representative. (1) A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation. No particular form of appointment is necessary to establish such authority. (2) An authorized representative who signs his own name to an instrument (a) is personally obligated if the instrument neither names the person represented nor shows that the representative signed in a representative capacity;

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(b) except as otherwise established between the immediate parties, is personally obligated if the instrument names the person represented but does not show that the representative signed in a representative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity. (3) Except as otherwise established the name of an organization preceded or followed by the name and office of an authorized individual is a signature made in a representative capacity. 109A-3404. Unauthorized Signatures. (1) Any unauthorized signature is wholly inoperative as that of the person whose name is signed unless he ratifies it or is precluded from denying it; but it operates as the signature of the unauthorized signer in favor of any person who in good faith pays the instrument or takes it for value. (2) Any unauthorized signature may be ratified for all purposes of this Article. Such ratification does not of itself affect any rights of the person ratifying against the actual signer. 109A-3405. Imposters; Signature in Name of Payee. (1) An indorsement by any person in the name of a named payee is effective if (a) an imposter by use of the mails or otherwise has induced the maker or drawer to issue the instrument to him or his confederate in the name of the payee; or (b) a person signing as or on behalf of a maker or drawer intends the payee to have no interest in the instrument; or (c) an agent or employee of the maker or drawer has supplied him with the name of the payee intending the latter to have no such interest.

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(2) Nothing in this section shall affect the criminal or civil liability of the person so indorsing. 109A-3406. Negligence Contributing to Alteration or Unauthorized Signature. Any person who by his negligence substantially contributes to a material alteration of the instrument or to the making of an unauthorized signature is precluded from asserting the alteration or lack of authority against a holder in due course or against a drawee or other payor who pays the instrument in good faith and in accordance with the reasonable commercial standards of the drawee's or payor's business. 109A-3407. Alteration. (1) Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in (a) the number or relations of the parties; or (b) an incomplete instrument, by completing it otherwise than as authorized; or (c) the writing as signed, by adding to it or by removing any part of it. (2) As against any person other than a subsequent holder in due course (a) alternation by the holder which is both fraudulent and material discharges any party whose contract is thereby changed unless that party assents or is precluded from asserting the defense; (b) no other alteration discharges any party and the instrument may be enforced according to its original tenor, or as to incomplete instruments according to the authority given.

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(3) A subsequent holder in due course may in all cases enforce the instrument according to its original tenor, and when an incomplete instrument has been completed, he may enforce it as completed. 109A-3408. Consideration. Want or failure of consideration is a defense as against any person not having the rights of a holder in due course (109A-3305), except that no consideration is necessary for an instrument or obligation thereon given in payment of or as security for an antecedent obligation of any kind. Nothing in this section shall be taken to displace any statute outside this Act under which a promise is enforceable notwithstanding lack or failure of consideration. Partial failure of consideration is a defense pro tanto whether or not the failure is in an ascertained or liqudated amount. 109A-3409. Draft Not an Assignment. (1) A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it. (2) Nothing in this section shall affect any liability in contract, tort or otherwise arising from any letter of credit or other obligation or representation which is not an acceptance. 109A-3410. Definition and Operation of Acceptance. (1) Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification. (2) A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete or is overdue or has been dishonored.

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(3) Where the draft is payable at a fixed period after sight and the acceptor fails to date his acceptance the holder may complete it by supplying a date in good faith. 109A-3411. Certification of a Check. (1) Certification of a check is acceptance. When a holder procures certification the drawer and all prior indorsers are discharged. (2) Unless otherwise agreed a bank has no obligation to certify a check. (3) A bank may certify a check before returning it for lack of proper indorsement. If it does so the drawer is discharged. 109A-3412. Acceptance Varying Draft. (1) Where the drawee's proffered acceptance in any manner varies the draft as presented the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to have his acceptance cancelled. (2) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the continental United States, unless the acceptance states that the draft is to be paid only at such bank or place. (3) Where the holder assents to an acceptance varying the terms of the draft each drawer and indorser who does not affirmatively assent is discharged. 109A-3413. Contract of Maker, Drawer and Acceptor. (1) The maker or acceptor engages that he will pay the instrument according to its tenor at the time of his engagement or as completed pursuant to 109A-3115 on incomplete instruments. (2) The drawer engages that upon dishonor of the draft and any necessary notice of dishonor or protest he will pay the amount of the draft to the holder or to any indorser who

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takes it up. The drawer may disclaim this liability by drawing without recourse. (3) By making, drawing or accepting the party admits as against all subsequent parties including the drawee the existence of the payee and his then capacity to indorse. 109A-3414. Contract of Indorser; Order of Liability. (1) Unless the indorsement otherwise specifies (as by such words as without recourse) every indorser engages that upon dishonor and any necessary notice of dishonor and protest he will pay the instrument according to its tenor at the time of his indorsement to the holder or to any subsequent indorser who takes it up, even though the indorser who takes it up was not obligated to do so. (2) Unless they otherwise agree indorsers are liable to one another in the order in which they indorse, which is presumed to be the order in which their signatures appear on the instrument. 109A-3415. Contract of Accommodation Party. (1) An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it. (2) When the instrument has been taken for value before it is due the accommodation party is liable in the capacity in which he has signed even though the taker knows of the accommodation. (3) As against a holder in due course and without notice of the accommodation oral proof of the accommodation is not admissible to give the accommodation party the benefit of discharges dependent on his character as such. In other cases the accommodation character may be shown by oral proof. (4) An indorsement which shows that it is not in the chain of title is notice of its accommodation character.

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(5) An accommodation party is not liable to the party accommodated, and if he pays the instrument has a right of recourse on the instrument against such party. 109A-3416. Contract of Guarantor. (1) Payment guaranteed or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor without resort by the holder to any other party. (2) Collection guaranteed or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor, but only after the holder has reduced his claim against the maker or acceptor to judgment and execution has been returned unsatisfied, or after the maker or acceptor has become insolvent or it is otherwise apparent that it is useless to proceed against him. (3) Words of guaranty which do not otherwise specify guarantee payment. (4) No words of guaranty added to the signature of a sole maker or acceptor affect his liability on the instrument. Such words added to the signature of one of two or more makers or acceptors create a presumption that the signature is for the accommodation of the others. (5) When words of guaranty are used presentment, notice of dishonor and protest are not necessary to charge the user. (6) Any guaranty written on the instrument is enforcable notwithstanding any statute of frauds. 109A-3417. Warranties on Presentment and Transfer. (1) Any person who obtains payment or acceptance and any prior transferor warrants to a person who in good faith pays or accepts that

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(a) he has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) he has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by a holder in due course acting in good faith (i) to a maker with respect to the maker's own signature; or (ii) to a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) to an acceptor of a draft if the holder in due course took the draft after the acceptance or obtained the acceptance without knowledge that the drawer's signature was unauthorized; and (c) the instrument has not been materially altered, except that this warranty is not given by a holder in due course acting in good faith (i) to the maker of a note; or (ii) to the drawer of a draft whether or not the drawer is also the drawee; or (iii) to the acceptor of a draft with respect to an alteration made prior to the acceptance if the holder in due course took the draft after the acceptance, even though the acceptance provided payable as originally drawn or equivalent terms; or (iv) to the acceptor of a draft with respect to an alteration made after the acceptance. (2) Any person who transfers an instrument and receives consideration warrants to his transferee and if the transfer is by indorsement to any subsequent holder who takes the instrument in good faith that

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(a) he has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) all signatures are genuine or authorized; and (c) the instrument has not been materially altered; and (d) no defense of any party is good against him; and (e) he has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted instrument. (3) By transferring without recourse the transferor limits the obligation stated in subsection (2) (d) to a warranty that he has no knowledge of such a defense. (4) A selling agent or broker who does not disclose the fact that he is acting only as such gives the warranties provided in this section, but if he makes such disclosure warrants only his good faith and authority. 109A-3418. Finality of Payment or Acceptance. Except for recovery of bank payments as provided in the Article on Bank Deposits and Collections (Article 4) and except for liability for breach of warranty on presentment under the preceding section, payment or acceptance of any instrument is final in favor of a holder in due course, or a person who has in good faith changed his position in reliance on the payment. 109A-3419. Conversion of Instrument; Innocent Representative. (1) An instrument is converted when (a) a drawee to whom it is delivered for acceptance refuses to return it on demand; or

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(b) any person to whom it is delivered for payment refuses on demand either to pay or to return it; or (c) it is paid on a forged indorsement. (2) In an action against a drawee under subsection (1) the measure of the drawee's liability is the face amount of the instrument. In any other action under subsection (1) the measure of liability is presumed to be the face amount of the instrument. (3) Subject to the provisions of this Act concerning restrictive indorsements a representative, including a depositary or collecting bank, who has in good faith and in accordance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands. (4) An intermediary bank or payor bank which is not a depositary bank is not liable in conversion solely by reason of the fact that proceeds of an item indorsed restrictively (109A-3205 and 3206) are not paid or applied consistently with the restrictive indorsement of an indorser other than its immediate transferor. PART 5 PRESENTMENT, NOTICE OF DISHONOR AND PROTEST 109A-3501. When Presentment, Notice of Dishonor, and Protest Necessary or Permissible 109A-3502. Unexcused Delay; Discharge 109A-3503. Time of Presentment 109A-3504. How Presentment Made 109A-3505. Rights of Party to Whom Presentment Is Made

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109A-3506. Time Allowed for Acceptance or Payment 109A-3507. Dishonor; Holder's Right of Recourse; Term allowing Re-Presentment 109A-3508. Notice of Dishonor 109A-3509. Protest; Noting for Protest 109A-3510. Evidence of Dishonor and Notice of Dishonor 109A-3511. Waived or Excused Presentment, Protest or Notice of Dishonor or Delay Therein 109A-3501. When Presentment, Notice of Dishonor, and Protest Necessary or Permissible. (1) Unless excused (109A-3511) presentment is necessary to charge secondary parties as follows: (a) presentment for acceptance is necessary to charge the drawer and indorsers of a draft where the draft so provides, or is payable elsewhere than at the residence or place of business of the drawee, or its date of payment depends upon such presentment. The holder may at his option present for acceptance any other draft payable at a stated date; (b) presentment for payment is necessary to charge any indorser; (c) in the case of any drawer, the acceptor of a draft payable at a bank or the maker of a note payable at a bank, presentment for payment is necessary, but failure to make presentment discharges such drawer, acceptor or maker only as stated in 109A-3502 (1) (b). (2) Unless excused (109A-3511) (a) notice of any dishonor is necessary to charge any indorser; (b) in the case of any drawer, the acceptor of a draft payable at a bank or the maker of a note payable at a bank,

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notice of any dishonor is necessary, but failure to give such notice discharges such drawer, acceptor or maker only as stated in 109A-3502 (1) (b). (3) Unless excused (109A-3511) protest of any dishonor is necessary to charge the drawer and indorsers of any draft which on its face appears to be drawn or payable outside of the states and territories of the United States and the District of Columbia. The holder may at his option make protest of any dishonor of any other instrument and in the case of a foreign draft may on insolvency of the acceptor before maturity make protest for better security. (4) Notwithstanding any provision of this section, neither presentment nor notice of dishonor nor protest is necessary to charge an indorser who has indorsed an instrument after maturity. 109A-3502. Unexcused Delay; Discharge. (1) Where without excuse any necessary presentment or notice of dishonor is delayed beyond the time when it is due (a) any indorser is discharged; and (b) any drawer or the acceptor of a draft payable at a bank or the maker of a note payable at a bank who because the drawee or payor bank becomes insolvent during the delay is deprived of funds maintained with the drawee or payor bank to cover the instrument may discharge his liability by written assignment to the holder of his rights against the drawee or payor bank in respect of such funds, but such drawer, acceptor or maker is not otherwise discharged. (2) Where without excuse a necessary protest is delayed beyond the time when it is due any drawer or indorser is discharged. 109A-3503. Time of Presentment. (1) Unless a different time is expressed in the instrument

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the time for any presentment is determined as follows: (a) where an instrument is payable at or a fixed period after a stated date any presentment for acceptance must be made on or before the date it is payable; (b) where an instrument is payable after sight it must either be presented for acceptance or negotiated within a reasonable time after date or issue whichever is later; (c) where an instrument shows the date on which it is payable presentment for payment is due on that date; (d) where an instrument is accelerated presentment for payment is due within a reasonable time after the acceleration; (e) with respect to the liability of any secondary party presentment for acceptance or payment of any other instrument is due within a reasonable time after such party becomes liable thereon. (2) A reasonable time for presentment is determined by the nature of the instrument, any usage of banking or trade and the facts of the particular case. In the case of an uncertified check which is drawn and payable within the United States and which is not a draft drawn by a bank the following are presumed to be reasonable periods within which to present for payment or to initiate bank collection: (a) with respect to the liability of the drawer, thirty days after date or issue whichever is later; and (b) with respect to the liability of an endorser, seven days after his indorsement. (3) Where any presentment is due on a day which is not a full business day for either the person making presentment or the party to pay or accept, presentment is due on the next following day which is a full business day for both parties.

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(4) Presentment to be sufficient must be made at a reasonable hour, and if at a bank during its banking day. 109A-3504. How Presentment Made. (1) Presentment is a demand for acceptance or payment made upon the maker, acceptor, drawee or other payor by or on behalf of the holder. (2) Presentment may be made (a) by mail, in which event the time of presentment is determined by the time of receipt of the mail; or (b) through a clearing house; or (c) at the place of acceptance or payment specified in the instrument or if there be none at the place of business or residence of the party to accept or pay. If neither the party to accept or pay nor anyone authorized to act for him is present or accessible at such place presentment is excused. (3) It may be made (a) to any one of two or more makers, acceptors, drawees or other payors; or (b) to any person who has authority to make or refuse the acceptance or payment. (4) A draft accepted or a note made payable at a bank in the continental United States must be presented at such bank. (5) In the cases described in 109A-4210 presentment may be made in the manner and with the result stated in that section. 109A-3505. Rights of Party to Whom Presentment Is Made. (1) The party to whom presentment is made may without dishonor require

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(a) exhibition of the instrument; and (b) reasonable identification of the person making presentment and evidence of his authority to make it if made for another; and (c) that the instrument be produced for acceptance or payment at a place specified in it, or if there be none at any place reasonable in the circumstances; and (d) a signed receipt on the instrument for any partial or full payment and its surrender upon full payment. (2) Failure to comply with any such requirement invalidates the presentment but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance. 109A-3506. Time Allowed for Acceptance or Payment. (1) Acceptance may be deferred without dishonor until the close of the next business day following presentment. The holder may also in a good faith effort to obtain acceptance and without either dishonor of the instrument or discharge of secondary parties allow postponement of acceptance for an additional business day. (2) Except as a longer time is allowed in the case of documentary drafts drawn under a letter of credit, and unless an earlier time is agreed to by the party to pay, payment of an instrument may be deferred without dishonor pending reasonable examination to determine whether it is properly payable, but payment must be made in any event before the close of business on the day of presentment. 109A-3507. Dishonor; Holder's Right of Recourse; Term Allowing Re-Presentment. (1) An instrument is dishonored when (a) a necessary or optional presentment is duly made and

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due acceptance or payment is refused or cannot be obtained within the prescribed time or in case of bank collections the instrument is seasonably returned by the midnight deadline (109A-4301); or (b) presentment is excused and the instrument is not duly accepted or paid. (2) Subject to any necessary notice of dishonor and protest, the holder has upon dishonor an immediate right of recourse against the drawers and indorsers. (3) Return of an instrument for lack of proper indorsement is not dishonor. (4) A term in a draft or an indorsement thereof allowing a stated time for re-presentment in the event of any dishonor of the draft by nonacceptance if a time draft or by nonpayment if a sight draft gives the holder as against any secondary party bound by the term an option to waive the dishonor without affecting the liability of the secondary party and he may present again up to the end of the stated time. 109A-3508. Notice of Dishonor. (1) Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received. (2) Any necessary notice must be given by a bank before its midnight deadline and by any other person before midnight of the third business day after dishonor or receipt of notice of dishonor. (3) Notice may be given in any reasonable manner. It

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may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. (4) Written notice is given when sent although it is not received. (5) Notice to one partner is notice to each although the firm has been dissolved. (6) When any party is in insolvency proceedings instituted after the issue of the instrument notice may be given either to the party or to the representative of his estate. (7) When any party is dead or incompetent notice may be sent to his last known address or given to his personal representative. (8) Notice operates for the benefit of all parties who have rights on the instrument against the party notified. 109A-3509. Protest; Noting for Protest. (1) A protest is a certificate of dishonor made under the hand and seal of a United States consul or vice consul or a notary public or other person authorized to certify dishonor by the law of the place where dishonor occurs. It may be made upon information satisfactory to such person. (2) The protest must identify the instrument and certify either that due presentment has been made or the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment. (3) The protest may also certify that notice of dishonor has been given to all parties or to specified parties.

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(4) Subject to subsection (5) any necessary protest is due by the time that notice of dishonor is due. (5) If, before protest is due, an instrument has been noted for protest by the officer to make protest, the protest may be made at any time thereafter as of the date of the noting. 109A-3510. Evidence of Dishonor and Notice of Dishonor. The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor therein shown: (a) a document regular in form as provided in the preceding section which purports to be a protest; (b) the purported stamp or writing of the drawee, payor bank or presenting bank on the instrument or accompanying it stating that acceptance or payment has been refused for reasons consistent with dishonor; (c) any book or record of the drawee, payor bank, or any collecting bank kept in the usual course of business which shows dishonor, even though there is no evidence of who made the entry. 109A-3511. Waived or Excused Presentment, Protest or Notice of Dishonor or Delay Therein. (1) Delay in presentment, protest or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to operate. (2) Presentment or notice or protest as the case may be is entirely excused when (a) the party to be charged has waived it expressly or by implication either before or after it is due; or

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(b) such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or (c) by reasonable diligence the presentment or protest cannot be made or the notice given. (3) Presentment is also entirely excused when (a) the maker, acceptor or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instruments; or (b) acceptance or payment is refused but not for want of proper presentment. (4) Where a draft has been dishonored by nonacceptance a later presentment for payment and any notice of dishonor and protest for nonpayment are excused unless in the meantime the instrument has been accepted. (5) A waiver of protest is also a waiver of presentment and of notice of dishonor even though protest is not required. (6) Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is written above the signature of an indorser it binds him only. PART 6 DISCHARGE 109A-3601. Discharge of Parties 109A-3602. Effect of Discharge Against Holder in Due Course 109A-3603. Payment or Satisfaction 109A-3604. Tender of Payment 109A-3605. Cancellation and Renunciation 109A-3606. Impairment of Recourse or of Collateral

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109A-3601. Discharge of Parties. (1) The extent of the discharge of any party from liability on an instrument is governed by the section on (a) payment or satisfaction (109A-3603); or (b) tender of payment (109A-3604); or (c) cancellation or renunciation (109A-3605); or (d) impairment of right of recourse or of collateral (109A-3606); or (e) reacquisition of the instrument by a prior party (109A-3208); or (f) fraudulent and material alteration (109A-3407); or (g) certification of a check (109A-3411); or (h) acceptance varying a draft (109A-3412); or (i) unexcused delay in presentment or notice of dishonor or protest (109A-3502). (2) Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money. (3) The liability of all parties is discharged when any party who has himself no right of action or recourse on the instrument (a) reacquires the instrument in his own right; or (b) is discharged under any provision of this Article, except as otherwise provided with respect to discharge for impairment of recourse or of collateral (109A-3606).

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109A-3602. Effect of Discharge Against Holder in Due Course. No discharge of any party provided by this Article is effective against a subsequent holder in due course unless he has notice thereof when he takes the instrument. 109A-3603. Payment or Satisfaction. (1) The liability of any party is discharged to the extent of his payment or satisfaction to the holder even though it is made with knowledge of a claim of another person to the instrument unless prior to such payment or satisfaction the person making the claim either supplies indemnity deemed adequate by the party seeking the discharge or enjoins payment or satisfaction by order of a court of competent jurisdiction in an action in which the adverse claimant and the holder are parties. This subsection does not, however, result in the discharge of the liability. (a) of a party who in bad faith pays or satisfies a holder who acquired the instrument by theft or who (unless having the rights of a holder in due course) holds through one who so acquired it; or (b) of a party (other than an intermediary bank or a payor bank which is not a depositary bank) who pays or satisfies the holder of an instrument which has been restrictively indorsed in a manner not consistent with the terms of such restrictive indorsement. (2) Payment or satisfaction may be made with the consent of the holder by any person including a stranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee (109A-3201). 109A-3604. Tender of Payment. (1) Any party making tender of full payment to a holder when or after it is due is discharged to the extent of all subsequent liability for interest, costs and attorney's fees.

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(2) The holder's refusal of such tender wholly discharges any party who has a right of recourse against the party making the tender. (3) Where the maker or acceptor of an instrument payable otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due, it is equivalent to tender. 109A-3605. Cancellation and Renunciation. (1) The holder of an instrument may even without consideration discharge any party (a) in any manner apparent on the face of the instrument or the indorsement, as by intentionally cancelling the instrument or the party's signature by destruction or mutilation, or by striking out the party's signature; or (b) by renouncing his rights by a writing signed and delivered or by surrender of the instrument to the party to be discharged. (2) Neither cancellation nor renunciation without surrender of the instrument affects the title thereto. 109A-3606. Impairment of Recourse or of Collateral. (1) The holder discharges any party to the instrument to the extent that without such party's consent the holder (a) without express reservation of rights releases or agrees not to sue any person against whom the party has to the knowledge of the holder a right of recourse or agrees to suspend the right to enforce against such person the instrument or collateral or otherwise discharges such person, except that failure or delay in effecting any required presentment, protest or notice of dishonor with respect to any such person does not discharge any party as to whom presentment, protest or notice of dishonor is effective or unnecessary; or

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(b) unjustifiably impairs any collateral for the instrument given by or on behalf of the party or any person against whom he has a right of recourse. (2) By express reservation of rights against a party with a right of recourse the holder preserves (a) all his rights against such party as of the time when the instrument was originally due; and (b) the right of the party to pay the instrument as of that time; and (c) all rights of such party to recourse against others. PART 7 ADVICE OF INTERNATIONAL SIGHT DRAFT 109A-3701. Letter of Advice of International Sight Draft 109A-3701. Letter of Advice of International Sight Draft. (1) A letter of advice is a drawer's communication to the drawee that a described draft has been drawn. (2) Unless otherwise agreed when a bank receives from another bank a letter of advice of an international sight draft the drawee bank may immediately debit the drawer's account and stop the running of interest pro tanto. Such a debit and any resulting credit to any account covering outstanding drafts leaves in the drawer full power to stop payment or otherwise dispose of the amount and creates no trust or interest in favor of the holder. (3) Unless otherwise agreed and except where a draft is drawn under a credit issued by the drawee, the drawee of an international sight draft owes the drawer no duty to pay an unadvised draft but if it does so and the draft is genuine, may appropriately debit the drawer's account.

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PART 8 MISCELLANEOUS 109A-3801. Drafts in a Set 109A-3802. Effect of Instrument on Obligation for Which It Is Given 109A-3803. Notice to Third Party 109A-3804. Lost, Destroyed or Stolen Instruments 109A-3805. Instruments Not Payable to Order or to Bearer 109A-3801. Drafts in a Set. (1) Where a draft is drawn in a set of parts, each of which is numbered and expressed to be an order only if no other part has been honored, the whole of the parts constitutes one draft but a taker of any part may become a holder in due course of the draft. (2) Any person who negotiates, indorses or accepts a single part of a draft drawn in a set thereby becomes liable to any holder in due course of that part as if it were the whole set, but as between different holders in due course to whom different parts have been negotiated the holder whose title first accrues has all rights to the draft and its proceeds. (3) As against the drawee the first presented part of a draft drawn in a set is the part entitled to payment, or if a time draft to acceptance and payment. Acceptance of any subsequently presented part renders the drawee liable thereon under subsection (2). With respect both to a holder and to the drawer payment of a subsequently presented part of a draft payable at sight has the same effect as payment of a check notwithstanding an effective stop order (109A-4407). (4) Except as otherwise provided in this section, where any part of a draft in a set is discharged by payment or otherwise the whole draft is discharged.

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109A-3802. Effect of Instrument on Obligation for Which It Is Given. (1) Unless otherwise agreed where an instrument is taken for an underlying obligation (a) the obligation is pro tanto discharged if a bank is drawer, maker or acceptor of the instrument and there is no recourse on the instrument against the underlying obligor; and (b) in any other case the obligation is suspended pro tanto until the instrument is due or if it is payable on demand until its presentment. If the instrument is dishonored action may be maintained on either the instrument or the obligation; discharge of the underlying obligor on the instrument also discharges him on the obligation. (2) The taking in good faith of a check which is not postdated does not of itself so extend the time on the original obligation as to discharge a surety. 109A-3803. Notice to Third Party. Where a defendant is sued for breach of an obligation for which a third person is answerable over under this Article he may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over to him under this Article. If the notice states that the person notified may come in and defend and that if the person notified does not do so he will in any action against him by the person giving the notice be bound by any determination of fact common to the two litigations, then unless after seasonable receipt of the notice the person notified does come in and defend he is so bound. 109A-3804. Lost, Destroyed or Stolen Instruments. The owner of an instrument which is lost, whether by destruction, theft or otherwise, may maintain an action in

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his own name and recover from any party liable thereon upon due proof of his ownership, the facts which prevent his production of the instrument and its terms. The court may require security indemnifying the defendant against loss by reason of further claims on the instrument. 109A-3805. Instruments Not Payable to Order or to Bearer. This Article applies to any instrument whose terms do not preclude transfer and which is otherwise negotiable within this Article but which is not payable to order or to bearer, except that there can be no holder in due course of such an instrument. CHAPTER 109A-4 ARTICLE 4 BANK DEPOSITS AND COLLECTIONS PART 1 GENERAL PROVISIONS AND DEFINITIONS 109A-4101. Short Title 109A-4102. Applicability 109A-4103. Variation by Agreement; Measure of Damages; Certain Action Constituting Ordinary Care 109A-4104. Definitions and Index of Definitions 109A-4105. Depositary Bank; Intermediary Bank; Collecting Bank; Payor Bank; Presenting Bank; Remitting Bank 109A-4106. Separate Office of a Bank 109A-4107. Time of Receipt of Items 109A-4108. Delays. 109A-4101. Short Title. This Article shall be known and may be cited as Uniform

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Commercial CodeBank Deposits and Collections. 109A-4102. Applicability. (1) To the extent that items within this Article are also within the scope of Articles 3 and 8, they are subject to the provisions of those Articles. In the event of conflict the provisions of this Article govern those of Article 3 but the provisions of Article 8 govern those of this Article. (2) The liability of a bank for action or non-action with respect to any item handled by it for purposes of presentment, payment or collection is governed by the law of the place where the bank is located. In the case of action or non-action by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located. 109A-4103. Variation by Agreement; Measure of Damages; Certain Action Constituting Ordinary Care. (1) The effect of the provisions of this Article may be varied by agreement except that no agreement can disclaim a bank's responsibility for its own lack of good faith or failure to exercise ordinary care or can limit the measure of damages for such lack or failure; but the parties may by agreement determine the standards by which such responsibility is to be measured if such standards are not manifestly unreasonable. (2) Federal Reserve regulations and operating letters, clearing house rules, and the like, have the effect of agreements under subsection (1), whether or not specifically assented to by all parties interested in items handled. (3) Action or non-action approved by this Article or pursuant to Federal Reserve regulations or operating letters constitutes the exercise of ordinary care and, in the absence of special instructions, action or non-action consistent with clearing house rules and the like or with a general banking

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usage not disapproved by this Article, prima facie constitutes the exercise of ordinary care. (4) The specification or approval of certain procedures by this Article does not constitute disapproval of other procedures which may be reasonable under the circumstances. (5) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount which could not have been realized by the use of ordinary care, and where there is bad faith it includes other damages, if any, suffered by the party as a proximate consequence. 109A-4104. Definitions and Index of Definitions. (1) In this Article unless the context otherwise requires. (a) Account means any account with a bank and includes a checking, time, interest or savings account; (b) Afternoon means the period of a day between noon and midnight; (c) Banking day means that part of any day on which a bank is open to the public for carrying on substantially all of its banking functions; (d) Clearing house means any association of banks or other payors regularly clearing items; (e) Customer means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank; (f) Documentary draft means any negotiable or non-negotiable draft with accompanying documents, securities or other papers to be delivered against honor of the draft;

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(g) Item means any instrument for the payment of money even though it is not negotiable but does not include money; (h) Midnight deadline with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; (i) Properly payable includes the availability of funds for payment at the time of decision to pay or dishonor; (j) Settle means to pay in cash, by clearing house settlement, in a charge or credit or by remittance, or otherwise as instructed. A settlement may be either provisional or final; (k) Suspends payments with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business. (2) Other definitions applying to this Article and the sections in which they appear are: Collecting bank 109A-4105. Depositary bank 109A-4105. Intermediary bank 109A-4105. Payor bank109A-4105. Presenting bank109A-4105. Remitting bank 109A-4105. (3) The following definitions in other Articles apply to this Article:

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Acceptance 109A-3410. Certificate of deposit 109A-3104. Certification 109A-3411. Check 109A-3104. Draft 109A-3104. Holder in due course 109A-3302. Notice of dishonor 109A-3508. Presentment 109A-3504. Protest 109A-3509. Secondary party 109A-3102. (4) In addition Article 1 contains general definitions and principles of construction and interpretation throughout this Article. 109A-4105. Depository Bank; Intermediary Bank; Collecting Bank; Payor Bank; Presenting Bank; Remitting Bank. In this Article unless the context otherwise requires: (a) Depositary bank means the first bank to which an item is transferred for collection even though it is also the payor bank; (b) Payor bank means a bank by which an item is payable as drawn or accepted; (c) Intermediary bank means any bank to which an item is transferred in course of collection except the depositary or payor bank;

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(d) Collecting bank means any bank handling the item for collection except the payor bank; (e) Presenting bank means any bank presenting an item except a payor bank; (f) Remitting bank means any payor or intermediary bank remitting for an item. 109A-4106. Separate Office of a Bank. A branch or separate office of a bank maintaining its own deposit ledgers is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders shall be given under this Article. 109A-4107. Time of Receipt of Items. (1) For the purpose of allowing time to process items, prove balances and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two P.M. or later as a cut-off hour for the handling of money and items and the making of entries on its books. (2) Any item or deposit of money received on any day after a cut-off hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day. 109A-4108. Delays. (1) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment may, in the case of specific items and with or without the approval of any person involved, waive, modify or extend time limits imposed or permitted by this Act for a period not in excess of an additional banking day without discharge of secondary parties and without liability to its transferor or any prior party.

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(2) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this Act or by instructions is excused if caused by interruption of communication facilities, suspension of payments by another bank, war, emergency conditions or other circumstances beyond the control of the bank provided it exercises such diligence as the circumstances require. PART 2 COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS 109A-4201. Presumption and Duration of Agency Status of Collecting Banks and Provisional Status of Credits; Applicability of Article; Item Indorsed Pay Any Bank 109A-4202. Responsibility for Collection; When Action Seasonable 109A-4203. Effect of Instructions 109A-4204. Methods of Sending and Presenting; Sending Direct to Payor Bank 109A-4205. Supplying Missing Indorsement; No Notice From Prior Indorsement 109A-4206. Transfer Between Banks 109A-4207. Warranties of Customer and Collecting Bank on Transfer or Presentment of Items; Time for Claims 109A-4208. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds 109A-4209. When Bank Gives Value for Purposes of Holder in Due Course 109A-4210. Presentment by Notice of Item Not Payable by, Through or at a Bank; Liability of Secondary Parties 109A-4211. Media of Remittance; Provisional and Final Settlement in Remittance Cases 109A-4212. Right of Charge-Back or Refund

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109A-4213. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal 109A-4214. Insolvency and Preference 109A-4201. Presumption and Duration of Agency Status of Collecting Banks and Provisional Status of Credits; Applicability of Article; Item Indorsed Pay Any Bank. (1) Unless a contrary intent clearly appears and prior to the time that a settlement given by a collecting bank for an item is or becomes final (subsection (3) of 109A-4211 and 109A-4212 and 4213) the bank is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank such as those resulting from outstanding advances on the item and valid rights of setoff. When an item is handled by banks for purposes of presentment, payment and collection, the relevant provisions of this Article apply even though action of parties clearly establishes that a particular bank has purchased the item and is the owner of it. (2) After an item has been indorsed with the words pay any bank or the like, only a bank may acquire the rights of a holder (a) until the item has been returned to the customer initiating collection; or (b) until the item has been specially indorsed by a bank to a person who is not a bank.

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109A-4202. Responsibility for Collection; When Action Seasonable. (1) A collecting bank must use ordinary care in (a) presenting an item or sending it for presentment; and (b) sending notice of dishonor or non-payment or returning an item other than a documentary draft to the bank's transferor after learning that the item has not been paid or accepted, as the case may be; and (c) settling for an item when the bank receives final settlement; and (d) making or providing for any necessary protest; and (e) notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof. (2) A collecting bank taking proper action before its midnight deadline following receipt of an item, notice or payment acts seasonably; taking proper action within a reasonably longer time may be seasonable but the bank has the burden of so establishing. (3) Subject to subsection (1) (a), a bank is not liable for the insolvency, neglect, misconduct, mistake or default of another bank or person or for loss or destruction of an item in transit or in the possession of others. 109A-4203. Effect of Instructions. Subject to the provisions of Article 3 concerning conversion of instruments (109A-3419) and the provisions of both Article 3 and this Article concerning restrictive indorsements only a collecting bank's transferor can give instructions which affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to such instructions or in accordance with any agreement with its transferor.

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109A-4204. Methods of Sending and Presenting; Sending Direct to Payor Bank. (1) A collecting bank must send items by reasonably prompt method taking into consideration any relevant instructions, the nature of the item, the number of such items on hand, and the cost of collection involved and the method generally used by it or others to present such items. (2) A collecting bank may send (a) any item direct to the payor bank; (b) any item to any non-bank payor if authorized by its transferor; and (c) any item other than documentary drafts to any non-bank payor, if authorized by Federal Reserve regulation or operating letter, clearing house rule or the like. 109A-4205. Supplying Missing Indorsement; No Notice From Prior Indorsement. (1) A depositary bank which has taken an item for collection may supply any indorsement of the customer which is necessary to title unless the item contains the words payee's indorsement required or the like. In the absence of such a requirement a statement placed on the item by the depositary bank to the effect that the item was deposited by a customer or credited to his account is effective as the customer's indorsement. (2) An intermediary bank, or payor bank which is not a depositary bank, is neither given notice nor otherwise affected by a restrictive indorsement of any person except the bank's immediate transferor. 109A-4206. Transfer Between Banks. Any agreed method which identifies the transferor bank is sufficient for the item's further transfer to another bank.

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109A-4207. Warranties of Customer and Collecting Bank on Transfer or Presentment of Items; Time for Claims. (1) Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other payor who in good faith pays or accepts the item that (a) he has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) he has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith. (i) to a maker with respect to the maker's own signature; or (ii) to a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) to an acceptor of an item if the holder in due course took the item after the acceptance or obtained the acceptance without knowledge that the drawer's signature was unauthorized; and (c) the item has not been materially altered, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith (i) to the maker of a note; or (ii) to the drawer of a draft whether or not the drawer is also the drawee; or (iii) to the acceptor of an item with respect to an alteration made prior to the acceptance if the holder in due course took the item after the acceptance, even though the acceptance provided payable as originally drawn or equivalent terms; or

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(iv) to the acceptor of an item with respect to an alteration made after the acceptance. (2) Each customer and collecting bank who transfers an item and receives a settlement or other consideration for it warrants to his transferee and to any subsequent collecting bank who takes the item in good faith that (a) he has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) all signatures are genuine or authorized; and (c) the item has not been materially altered; and (d) no defense of any party is good against him; and (e) he has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted item. In addition each customer and collecting bank so transferring an item and receiving a settlement or other consideration engages that upon dishonor and any necessary notice of dishonor and protest he will take up the item. (3) The warranties and the engagement to honor set forth in the two preceding subsections arise notwithstanding the absence of indorsement or words of guaranty or warranty in the transfer or presentment and a collecting bank remains liable for their breach despite remittance to its transferor. Damages for breach of such warranties or engagement to honor shall not exceed the consideration received by the customer or collecting bank responsible plus finance charges and expenses related to the item, if any. (4) Unless a claim for breach of warranty under this section is made within a reasonable time after the person claiming learns of the breach, the person liable is discharged to the extent of any loss caused by the delay in making claim.

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109A-4208. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds. (1) A bank has a security interest in an item and any accompanying documents or the proceeds of either (a) in case of an item deposited in an account to the extent to which credit given for the item has been withdrawn or applied; (b) in case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given whether or not the credit is drawn upon and whether or not there is a right of charge-back; or (c) if it makes an advance on or against the item. (2) When credit which has been given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn. (3) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. To the extent and so long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues and is subject to the provisions of Article 9 except that (a) no security agreement is necessary to make the security interest enforceable (subsection (1) (b) of 109A-9203); and (b) no filing is required to perfect the security interest; and (c) the security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds.

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109A-4209. When Bank Gives Value for Purposes of Holder in Due Course. For purposes of determining its status as a holder in due course, the bank has given value to the extent that it has a security interest in an item provided that the bank otherwise complies with the requirements of 109A-3302 on what constitutes a holder in due course. 109A-4210. Presentment by Notice of Item Not Payable by, Through or at a Bank; Liability of Secondary Parties. (1) Unless otherwise instructed, a collecting bank may present an item not payable by, through or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under 109A-3505 by the close of the bank's next banking day after it knows of the requirement. (2) Where presentment is made by notice and neither honor nor request for compliance with a requirement under 109A-3505 is received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party by sending him notice of the facts. 109A-4211. Media of Remittance; Provisional and Final Settlement in Remittance Cases. (1) A collecting bank may take in settlement of an item (a) a check of the remitting bank or of another bank on any bank except the remitting bank; or (b) a cashier's check or similar primary obligation of a remitting bank which is a member of or clears through a

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member of the same clearing house or group as the collecting bank; or (c) appropriate authority to charge an account of the remitting bank or of another bank with the collecting bank; or (d) if the item is drawn upon or payable by a person other than a bank, a cashier's check, certified check or other bank check or obligation. (2) If before its midnight deadline the collecting bank properly dishonors a remittance check or authorization to charge on itself or presents or forwards for collection a remittance instrument of or on another bank which is of a kind approved by subsection (1) or has not been authorized by it, the collecting bank is not liable to prior parties in the event of the dishonor of such check, instrument or authorization. (3) A settlement for an item by means of a remittance instrument or authorization to charge is or becomes a final settlement as to both the person making and the person receiving the settlement (a) if the remittance instrument or authorization to charge is of a kind approved by subsection (1) or has not been authorized by the person receiving the settlement and in either case the person receiving the settlement acts seasonably before its midnight deadline in presenting, forwarding for collection or paying the instrument or authorization,at the time the remittance instrument or authorization is finally paid by the payor by which it is payable; (b) if the person receiving the settlement has authorized remittance by a non-bank check or obligation or by a cashier's check or similar primary obligation of or a check upon the payor or other remitting bank which is not of a kind approved by subsection (1) (b),at the time of the receipt of such remittance check or obligation; or (c) if in a case not covered by sub-paragraphs (a) or (b)

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the person receiving the settlement fails to seasonably present, forward for collection, pay or return a remittance instrument or authorization to it to charge before its midnight deadline,at such midnight deadline. 109A-4212. Right of Charge-Back or Refund. (1) If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection (3) 109A-4211 and subsections (2) and (3) 109A-4213). (2) A depositary bank which is also the payor may charge-back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (109A-4301). (3) The right to charge-back is not affected by (a) prior use of the credit given for the item; or (b) failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable. (4) A failure to charge-back or claim refund does not affect other rights of the bank against the customer or any other party. (5) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar

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amount of any charge-back or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course. 109A-4213. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal. (1) An item is finally paid by a payor bank when the bank has done any of the following, whichever happens first: (a) paid the item in cash; or (b) settled for the item without reserving a right to revoke the settlement and without having such right under statute, clearing house rule or agreement; or (c) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith; or (d) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing house rule or agreement. Upon a final payment under subparagraphs (b), (c) or (d) the payor bank shall be accountable for the amount of the item. (2) If provisional settlement for an item between the presenting and payor banks is made through a clearing house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank. (3) If a collecting bank receives a settlement for an item

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which is or becomes final (subsection (3) of 109A-4211, subsection (2) of 109A-4213) the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final. (4) Subject to any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in an account with its customer becomes available for withdrawal as of right (a) in any case where the bank has received a provisional settlement for the item,when such settlement becomes final and the bank has had a reasonable time to learn that the settlement is final; (b) in any case where the bank is both a depositary bank and a payor bank and the item is finally paid,at the opening of the bank's second banking day following receipt of the item. (5) A deposit of money in a bank is final when made but, subject to any right of the bank to apply the deposit to an obligation of the customer, the deposit becomes available for withdrawal as of right at the opening of the bank's next banking day following receipt of the deposit. 109A-4214. Insolvency and Preference. (1) Any item in or coming into the possession of a payor or collecting bank which suspends payment and which item is not finally paid shall be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's customer. (2) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.

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(3) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement becoming final if such finality occurs automatically upon the lapse of certain time or the happening of certain events (subsection (3) of 109A-4211, subsections (1) (d), (2) and (3) of 109A-4213). (4) If a collecting bank receives from subsequent parties settlement for an item which settlement is or becomes final and suspends payments without making a settlement for the item with its customer which is or becomes final, the owner of the item has a preferred claim against such collecting bank. PART 3 COLLECTION OF ITEMS: PAYOR BANKS 109A-4301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor 109A-4302. Payor Bank's Responsibility for Late Return of Item 109A-4303. When Items Subject to Notice, Stop-Order, Legal Process or Setoff; Order in Which Items May Be Charged or Certified 109A-4301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor. (1) Where an authorized settlement for a demand item (other than a documentary draft) received by a payor bank otherwise than for immediate payment over the counter has been made before midnight of the banking day of receipt the payor bank may revoke the settlement and recover any payment if before it has made final payment (subsection (1) of 109A-4213) and before its midnight deadline it (a) returns the item; or (b) sends written notice of dishonor or nonpayment if

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the item is held for protest or is otherwise unavailable for return. (2) If a demand item is received by a payor bank for credit on its books it may return such item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in the preceding subsection. (3) Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section. (4) An item is returned: (a) as to an item received through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with its rules; or (b) in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to his instructions. 109A-4302. Payor Bank's Responsibility for Late Return of Item. In the absence of a valid defense such as breach of a presentment warranty (subsection (1) of 109A-4207), settlement effected or the like, if an item is presented on and received by a payor bank the bank is accountable for the amount of (a) a demand item other than a documentary draft whether properly payable or not if the bank, in any case where it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless of whether it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

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(b) any other properly payable item unless within the time allowed for acceptance or payment of that item the bank either accepts or pays the item or returns it and accompanying documents. 109A-4303. When Items Subject to Notice, Stop-Order, Legal Process or Setoff; Order in Which Items May Be Charged or Certified. (1) Any knowledge, notice or stop-order received by, legal process served upon or setoff exercised by a payor bank, whether or not effective under other rules of law to terminate, suspend or modify the bank's right or duty to pay an item or to charge its customer's account for the item, comes too late to so terminate, suspend or modify such right or duty if the knowledge, notice, stop-order or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the bank has done any of the following: (a) accepted or certified the item; (b) paid the item in cash; (c) settled for the item without reserving a right to revoke the settlement and without having such right under statute, clearing house rule or agreement; (d) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith or otherwise has evidenced by examination of such indicated account and by action its decision to pay the item; or (e) become accountable for the amount of the item under subsection (1) (d) of 109A-4213 and 109A-4302 dealing with the payor bank's responsibility for late return of items. (2) Subject to the provisions of subsection (1) items may be accepted, paid, certified or charged to the indicated account of its customer in any order convenient to the bank.

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PART 4 RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER 109A-4401. When Bank May Charge Customer's Account 109A-4402. Bank's Liability to Customer for Wrongful Dishonor 109A-4403. Customer's Right to Stop Payment; Burden of Proof of Loss 109A-4404. Bank Not Obligated to Pay Check More Than Six Months Old 109A-4405. Death or Incompetence of Customer 109A-4406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration. 109A-4407. Payor Bank's Right to Subrogation on Improper Payment 109A-4401. When Bank May Charge Customer's Account. (1) As against its customer, a bank may charge against his account any item which is otherwise properly payable from that account even though the charge creates an overdraft. (2) A bank which in good faith makes payment to a holder may charge the indicated account of its customer according to (a) the original tenor of his altered item; or (b) the tenor of his completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper. 109A-4402. Bank's Liability to Customer for Wrongful Dishonor. A payor bank is liable to its customer for damages proximately

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caused by the wrongful dishonor of an item. When the dishonor occurs through mistake liability is limited to actual damages proved. If so proximately caused and proved damages may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. 109A-4403. Customer's Right to Stop Payment; Burden of Proof of Loss. (1) A customer may by order to his bank stop payment of any item payable for his account but the order must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it prior to any action by the bank with respect to the item described in 109A-4303. (2) An oral order is binding upon the bank only for fourteen calendar days unless confirmed in writing within that period. A written order is effective for only six months unless renewed in writing. (3) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a binding stop payment order is on the customer. 109A-4404. Bank Not Obligated to Pay Check More Than Six Months Old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith. 109A-4405. Death or Incompetence of Customer. (1) A payor or collecting bank's authority to accept, pay or collect an item or to account for proceeds of its collection

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if otherwise effective is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes such authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it. (2) Even with knowledge a bank may for ten days after the date of death pay or certify checks drawn on or prior to that date unless ordered to stop payment by a person claiming an interest in the account. 109A-4406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration. (1) When a bank sends to its customer a statement of account accompanied by items paid in good faith in support of the debit entries or holds the statement and items pursuant to a request or instructions of its customer or otherwise in a reasonable manner makes the statement and items available to the customer, the customer must exercise reasonable care and promptness to examine the statement and items to discover his unauthorized signature or any alteration on an item and must notify the bank promptly after discovery thereof. (2) If the bank establishes that the customer failed with respect to an item to comply with the duties imposed on the customer by subsection (1) the customer is precluded from asserting against the bank (a) his unauthorized signature or any alteration on the item if the bank also establishes that it suffered a loss by reason of such failure; and (b) an unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank after the first item and statement was available to the customer for a reasonable period not exceeding fourteen

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calendar days and before the bank receives notification from the customer of any such unauthorized signature or alteration. (3) The preclusion under subsection (2) does not apply if the customer establishes lack of ordinary care on the part of the bank in paying the item(s). (4) Without regard to care or lack of care of either the customer or the bank a customer who does not within one year from the time the statement and items are made available to the customer (subsection (1)) discover and report his unauthorized signature or any alteration on the face or back of the item or any unauthorized indorsement is precluded from asserting against the bank such unauthorized signature or alteration or indorsement. (5) If under this section a payor bank has a valid defense against a claim of a customer upon or resulting from payment of an item and waives or fails upon request to assert the defense the bank may not assert against any collecting bank or other prior party presenting or transferring the item a claim based upon the unauthorized signature or alteration giving rise to the customer's claim. 109A-4407. Payor Bank's Right to Subrogation on Improper Payment. If a payor bank has paid an item over the stop payment order of the drawer or maker or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank shall be subrogated to the rights (a) of any holder in due course on the item against the drawer or maker; and (b) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

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(c) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. PART 5 COLLECTION OF DOCUMENTARY DRAFTS 109A-4501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor 109A-4502. Presentment of On Arrival Drafts 109A-4503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need 109A-4504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses 109A-4501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor. A bank which takes a documentary draft for collection must present or send the draft and accompanying documents for presentment and upon learning that the draft has not been paid or accepted in due course must seasonably notify its customer of such fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right. 109A-4502. Presentment of On Arrival Drafts. When a draft or the relevant instructions require presentment on arrival, when goods arrive or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of such refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.

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109A-4503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need. Unless otherwise instructed and except as provided in Article 5 a bank presenting a documentary draft (a) must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and (b) upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or if the presenting bank does not choose to utilize his services it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions. But the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for such expenses. 109A-4504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses. (1) A presenting bank which, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner. (2) For its reasonable expenses incurred by action under subsection (1) the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.

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CHAPTER 109A-5 ARTICLE 5 LETTERS OF CREDIT 109A-5101. Short Title 109A-5102. Scope 109A-5103. Definitions 109A-5104. Formal Requirements; Signing 109A-5105. Consideration 109A-5106. Time and Effect of Establishment of Credit 109A-5107. Advice of Credit; Confirmation; Error in Statement of Terms 109A-5108. Notation Credit; Exhaustion of Credit 109A-5109. Issuer's Obligation to Its Customer 109A-5110. Availability of Credit in Portions; Presenter's Reservation of Lien or Claim 109A-5111. Warranties on Transfer and Presentment 109A-5112. Time Allowed for Honor or Rejection; Withholding Honor or Rejection by Consent; Presenter 109A-5113. Indemnities 109A-5114. Issuer's Duty and Privilege to Honor; Right to Reimbursement 109A-5115. Remedy for Improper Dishonor or Anticipatory Repudiation 109A-5116. Transfer and Assignment 109A-5117. Insolvency of Bank Holding Funds for Documentary Credit 109A-5101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeLetters of Credit. 109A-5102. Scope. (1) This Article applies

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(a) to a credit issued by a bank if the credit requires a documentary draft or a documentary demand for payment; and (b) to a credit issued by a person other than a bank if the credit requires that the draft or demand for payment be accompanied by a document of title; and (c) to a credit issued by a bank or other person if the credit is not within subparagraphs (a) or (b) but conspicuously states that it is a letter of credit or is conspicuously so entitled. (2) Unless the engagement meets the requirements of subsection (1), this Article does not apply to engagements to make advances or to honor drafts or demands for payment, to authorities to pay or purchase, to guarantees or to general agreements. (3) This Article deals with some but not all of the rules and concepts of letters of credit as such rules or concepts have developed prior to this act or may hereafter develop. The fact that this Article states a rule does not by itself require, imply or negate application of the same or a converse rule to a situation not provided for or to a person not specified by this Article. 109A-5103. Definitions. (1) In this Article unless the context otherwise requires (a) Credit or letter of credit means an engagement by a bank or other person made at the request of a customer and of a kind within the scope of this Article (109A-5102) that the issuer will honor drafts or other demands for payment upon compliance with the conditions specified in the credit. A credit may be either revocable or irrevocable. The engagement may be either an agreement to honor or a statement that the bank or other person is authorized to honor. (b) A documentary draft or a documentary demand

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for payment is one honor of which is conditioned upon the presentation of a document or documents. Document means any paper including document of title, security, invoice, certificate, notice of default and the like. (c) An issuer is a bank or other person issuing a credit. (d) A beneficiary of a credit is a person who is entitled under its terms to draw or demand payment. (e) An advising bank is a bank which gives notification of the issuance of a credit by another bank. (f) A confirming bank is a bank which engages either that it will itself honor a credit already issued by another bank or that such a credit will be honored by the issuer or a third bank. (g) A customer is a buyer or other person who causes an issuer to issue a credit. The term also includes a bank which procures issuance or confirmation on behalf of that bank's customer. (2) Other definitions applying to this Article and the sections in which they appear are: Notation of Credit. 109A-5108. Presenter. 109A-5112(3). (3) Definitions in other Articles applying to this Article and the sections in which they appear are: Accept or Acceptance. 109A-3410. Contract for sale. 109A-2106. Draft. 109A-3104. Holder in due course. 109A-3302. Midnight deadline. 109A-4104.

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Security. 109A-8102. (4) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-5104. Formal Requirements; Signing. (1) Except as otherwise required in subsection (1) (c) of 109A-5102 on scope, no particular form of phrasing is required for a credit. A credit must be in writing and signed by the issuer and a confirmation must be in writing and signed by the confirming bank. A modification of the terms of a credit or confirmation must be signed by the issuer or confirming bank. (2) A telegram may be a sufficient signed writing if it identifies its sender by an authorized authentication. The authentication may be in code and the authorized naming of the issuer in an advice of credit is a sufficient signing. 109A-5105. Consideration. No consideration is necessary to establish a credit or to enlarge or otherwise modify its terms. 109A-5106. Time and Effect of Establishment of Credit. (1) Unless otherwise agreed a credit is established (a) as regards the customer as soon as a letter of credit is sent to him or the letter of credit or an authorized written advice of its issuance is sent to the beneficiary; and (b) as regards the beneficiary when he receives a letter of credit or an authorized written advice of its issuance. (2) Unless otherwise agreed once an irrevocable credit is established as regards the customer it can be modified or revoked only with the consent of the customer and once it is established as regards the beneficiary it can be modified or revoked only with his consent.

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(3) Unless otherwise agreed after a revocable credit is established it may be modified or revoked by the issuer without notice to or consent from the customer or beneficiary. (4) Notwithstanding any modification or revocation of a revocable credit any person authorized to honor or negotiate under the terms of the original credit is entitled to reimbursement for or honor of any draft or demand for payment duly honored or negotiated before receipt of notice of the modification or revocation and the issuer in turn is entitled to reimbursement from its customer. 109A-5107. Advice of Credit; Confirmation; Error in Statement of Terms. (1) Unless otherwise specified an advising bank by advising a credit issued by another bank does not assume any obligation to honor drafts drawn or demands for payment made under the credit but it does assume obligation for the accuracy of its own statement. (2) A confirming bank by confirming a credit becomes directly obligated on the credit to the extent of its confirmation as though it were its issuer and acquires the rights of an issuer. (3) Even though an advising bank incorrectly advises the terms of a credit it has been authorized to advise the credit is established as against the issuer to the extent of its original terms. (4) Unless otherwise specified the customer bears as against the issuer all risks of transmission and reasonable translation or interpretation of any message relating to a credit. 109A-5108. Notation Credit; Exhaustion of Credit. (1) A credit which specifies that any person purchasing or paying drafts drawn or demands for payment made

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under it must note the amount of the draft or demand on the letter or advice of credit is a notation credit. (2) Under a notation credit (a) a person paying the beneficiary or purchasing a draft or demand for payment from him acquires a right to honor only if the appropriate notation is made and by transferring or forwarding for honor the documents under the credit such a person warrants to the issuer that the notation has been made; and (b) unless the credit or a signed statement that an appropriate notation has been made accompanies the draft or demand for payment the issuer may delay honor until evidence of notation has been procured which is satisfactory to it but its obligation and that of its customer continue for a reasonable time not exceeding thirty days to obtain such evidence. (3) If the credit is not a notation credit (a) the issuer may honor complying drafts or demands for payment presented to it in the order in which they are presented and is discharged pro tanto by honor of any such draft or demand; (b) as between competing good faith purchasers of complying drafts or demands the person first purchasing has priority over a subsequent purchaser even though the later purchased draft or demand has been first honored. 109A-5109. Issuer's Obligation to Its Customer. (1) An issuer's obligation to its customer includes good faith and observance of any general banking usage but unless otherwise agreed does not include liability or responsibility (a) for performance of the underlying contract for sale or other transaction between the customer and the beneficiary; or

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(b) for any act or omission of any person other than itself or its own branch or for loss or destruction of a draft, demand or document in transit or in the possession of others; or (c) based on knowledge or lack of knowledge of any usage of any particular trade. (2) An issuer must examine documents with care so as to ascertain that on their face they appear to comply with the terms of the credit but unless otherwise agreed assumes no liability or responsibility for the genuineness, falsification or effect of any document which appears on such examination to be regular on its face. (3) A non-bank issuer is not bound by any banking usage of which it has no knowledge. 109A-5110. Availability of Credit in Portions; Presenter's Reservation of Lien or Claim. (1) Unless otherwise specified a credit may be used in portions in the discretion of the beneficiary. (2) Unless otherwise specified a person by presenting a documentary draft or demand for payment under a credit relinquishes upon its honor all claims to the documents and a person by transferring such draft or demand or causing such presentment authorizes such relinquishment. An explicit reservation of claim makes the draft or demand non-complying. 109A-5111. Warranties on Transfer and Presentment. (1) Unless otherwise agreed the beneficiary by transferring or presenting a documentary draft or demand for payment warrants to all interested parties that the necessary conditions of the credit have been complied with. This is in addition to any warranties arising under Articles 3, 4, 7 and 8.

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(2) Unless otherwise agreed a negotiating, advising, confirming, collecting or issuing bank presenting or transferring a draft or demand for payment under a credit warrants only the matters warranted by a collecting bank under Article 4 and any such bank transferring a document warrants only the matters warranted by an intermediary under Article 7 and 8. 109A-5112. Time Allowed for Honor or Rejection; With-holding Honor or Rejection by Consent; Presenter. (1) A bank to which a documentary draft or demand for payment is presented under a credit may without dishonor of the draft, demand or credit (a) defer honor until the close of the third banking day following receipt of the documents; and (b) further defer honor if the presenter has expressly or impliedly consented thereto. Failure to honor within the time here specified constitutes dishonor of the draft or demand and of the credit except as otherwise provided in subsection (4) of 109A-5114 on conditional payment. (2) Upon dishonor the bank may unless otherwise instructed fulfill its duty to return the draft or demand and the documents by holding them at the disposal of the presenter and sending him an advice to that effect. (3) Presenter means any person presenting a draft or demand for payment for honor under a credit even though that person is a confirming bank or other correspondent which is acting under an issuer's authorization. 109A-5113. Indemnities. (1) A bank seeking to obtain (whether for itself or another) honor, negotiation or reimbursement under a credit may give an indemnity to induce such honor, negotiation or reimbursement.

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(2) An indemnity agreement inducing honor, negotiation or reimbursement (a) unless otherwise explicitly agreed applies to defects in the documents but not in the goods; and (b) unless a longer time is explicitly agreed expires at the end of ten business days following receipt of the documents by the ultimate customer unless notice of objection is sent before such expiration date. The ultimate customer may send notice of objection to the person from whom he received the documents and any bank receiving such notice is under a duty to send notice to its transferor before its midnight deadline. 109A-5114. Issuer's Duty and Privilege to Honor; Right to Reimbursement. (1) An issuer must honor a draft or demand for payment which complies with the terms of the relevant credit regardless of whether the goods or documents conform to the underlying contract for sale or other contract between the customer and the beneficiary. The issuer is not excused from honor of such a draft or demand by reason of an additional general term that all documents must be satisfactory to the issuer, but an issuer may require that specified documents must be satisfactory to it. (2) Unless otherwise agreed when documents appear on their face to comply with the terms of a credit but a required document does not in fact conform to the warranties made on negotiation or transfer of a document of title (109A-7507) or of a security (109A-8306) or is forged or fraudulent or there is fraud in the transaction (a) the issuer must honor the draft or demand for payment if honor is demanded by a negotiating bank or other holder of the draft or demand which has taken the draft or demand under the credit and under circumstances which would make it a holder in due course (109A-3302) and in an appropriate case would make it a person to whom a

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document of title has been duly negotiated (109A-7502) or a bona fide purchaser of a security (109A-8302); and (b) in all other cases as against its customer, an issuer acting in good faith may honor the draft or demand for payment despite notification from the customer of fraud, forgery or other defect not apparent on the face of the documents but a court of appropriate jurisdiction may enjoin such honor. (3) Unless otherwise agreed an issuer which has duly honored a draft or demand for payment is entitled to immediate reimbursement of any payment made under the credit and to be put in effectively available funds not later than the day before maturity of any acceptance made under the credit. (4) When a credit provides for payment by the issuer on receipt of notice that the required documents are in the possession of a correspondent or other agent of the issuer (a) any payment made on receipt of such notice is conditional; and (b) the issuer may reject documents which do not comply with the credit if it does so within three banking days following its receipt of the documents; and (c) in the event of such rejection, the issuer is entitled by charge back or otherwise to return of the payment made. (5) In the case covered by subsection (4) failure to reject documents within the time specified in sub-paragraph (b) constitutes acceptance of the documents and makes the payment final in favor of the beneficiary. 109A-5115. Remedy for Improper Dishonor or Anticipatory Repudiation. (1) When an issuer wrongfully dishonors a draft or demand for payment presented under a credit the person

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entitled to honor has with respect to any documents the rights of a person in the position of a seller (109A-2707) and may recover from the issuer the face amount of the draft or demand together with incidental damages under 109A-2710 on seller's incidental damages and interest but less any amount realized by resale or other use or disposition of the subject matter of the transaction. In the event no resale or other utilization is made the documents, goods or other subject matter involved in the transaction must be turned over to the issuer on payment of judgment. (2) When an issuer wrongfully cancels or otherwise repudiates a credit before presentment of a draft or demand for payment drawn under it the beneficiary has the rights of a seller after anticipatory repudiation by the buyer under 109A-2610 if he learns of the repudiation in time reasonably to avoid procurement of the required documents. Otherwise the beneficiary has an immediate right of action for wrongful dishonor. 109A-5116. Transfer and Assignment. (1) The right to draw under a credit can be transferred or assigned only when the credit is expressly designated as transferable or assignable. (2) Even though the credit specifically states that it is nontransferable or nonassignable the beneficiary may before performance of the conditions of the credit assign his right to proceeds. Such an assignment is an assignment of a contract right under Article 9 on Secured Transactions and is governed by that Article except that (a) the assignment is ineffective until the letter of credit or advice of credit is delivered to the assignee which delivery constitutes perfection of the security interest under Article 9; and (b) the issuer may honor drafts or demands for payment drawn under the credit until it receives a notification of the assignment signed by the beneficiary which reasonably

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identifies the credit involved in the assignment and contains a request to pay the assignee; and (c) after what reasonably appears to be such a notification has been received the issuer may without dishonor refuse to accept or pay even to a person otherwise entitled to honor until the letter of credit or advice of credit is exhibited to the issuer. (3) Except where the beneficiary has effectively assigned his right to draw or his right to proceeds, nothing in this section limits his right to transfer or negotiate drafts or demands drawn under the credit. 109A-5117. Insolvency of Bank Holding Funds for Documentary Credit. (1) Where an issuer or an advising or confirming bank or a bank which has for a customer procured issuance of a credit by another bank becomes insolvent before final payment under the credit and the credit is one to which this Article is made applicable by paragraphs (a) or (b) of 109A-5102(1) on scope, the receipt or allocation of funds or collateral to secure or meet obligations under the credit shall have the following results: (a) to the extent of any funds or collateral turned over after or before the insolvency as indemnity against or specifically for the purpose of payment of drafts or demands for payment drawn under the designated credit, the drafts or demands are entitled to payment in preference over depositors or other general creditors of the issuer or bank; and (b) on expiration of the credit or surrender of the beneficiary's rights under it unused any person who has given such funds or collateral is similarly entitled to return thereof; and (c) a charge to a general or current account with a bank if specifically consented to for the purpose of indemnity

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against or payment of drafts or demands for payment drawn under the designated credit falls under the same rules as if the funds had been drawn out in cash and then turned over with specific instructions. (2) After honor or reimbursement under this section the customer or other person for whose account the insolvent bank has acted is entitled to receive the documents involved. CHAPTER 109A-6 ARTICLE 6 BULK TRANSFERS 109A-6101. Short Title 109A-6102. Bulk Transfer; Transfers of Equipment; Enterprises Subject to This Article; Bulk Transfers Subject to This Article 109A-6103. Transfers Excepted From This Article 109A-6104. Schedule of Property, List of Creditors 109A-6105. Notice to Creditors 109A-6106. Definition of Public Notice 109A-6107. The Notice 109A-6108. Auction Sales; Auctioneer 109A-6109. What Creditors Protected 109A-6110. Subsequent Transfers 109A-6111. Limitation of Actions and Levies 109A-6101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeBulk Transfers. 109A-6102. Bulk Transfer; Transfers of Equipment; Enterprises Subject to This Article; Bulk Transfers Subject to This Article. (1) A bulk transfer is any transfer in bulk and not in the ordinary course of the transferor's business of a major

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part of the materials, supplies, merchandise or other inventory (109A-9109) of an enterprise subject to this Article. (2) A transfer of a substantial part of the equipment (109A-9109) of such an enterprise is a bulk transfer if it is made in connection with a bulk transfer of inventory, but not otherwise. (3) The enterprises subject to this Article are all those whose principal business is the sale of merchandise from stock, including those who manufacture what they sell. (4) Except as limited by the following section all bulk transfers of goods located within this state are subject to this Article. 109A-6103. Transfers Excepted From This Article. The following transfers are not subject to this Article: (1) Those made to give security for the performance of an obligation; (2) General assignments for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder; (3) Transfers in settlement or realization of a lien or other security interests; (4) Sales by executors, administrators, receivers, trustees in bankruptcy, or any public officer under judicial process; (5) Sales made in the course of judicial or administrative proceedings for the dissolution or reorganization of a corporation and of which notice is sent to the creditors of the corporation pursuant to order of the court or administrative agency; (6) Transfers to a person maintaining a known place of business in this State who becomes bound to pay the debts

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of the transferor in full and gives public notice of that fact, and who is solvent after becoming so bound; (7) A transfer to a new business enterprise organized to take over and continue the business, if public notice of the transaction is given and the new enterprise assumes the debts of the transferor and he receives nothing from the transaction except an interest in the new enterprise junior to the claims of creditors; (8) Transfers of property which is exempt from execution. 109A-6104. Schedule of Property, List of Creditors. (1) Except as provided with respect to auction sales (109A-6108), a bulk transfer subject to this Article is ineffective against any creditor of the transferor unless: (a) The transferee requires the transferor to furnish a list of his existing creditors prepared as stated in this section; and (b) The parties prepare a schedule of the property transferred sufficient to identify it; and (c) The transferee preserves the list and schedule for six months next following the transfer and permits inspection of either or both and copying therefrom at all reasonable hours by any creditor of the transferor, or files the list and schedule in the Office of the Clerk of the Superior Court as follows: When the seller is a resident individual, in the county where he resides, or when the seller is a non-resident individual, or is a partnership, corporation or other business entity, in the county of the seller's principal place of business in this state. (2) The list of creditors must be signed and sworn to or affirmed by the transferor or his agent. It must contain the names and business addresses of all creditors of the transferor, with the amounts when known, and also the names

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of all persons who are known to the transferor to assert claims against him even though such claims are disputed. (3) Responsibility for the completeness and accuracy of the list of creditors rests on the transferor, and the transfer is not rendered ineffective by errors or omissions therein unless the transferee is shown to have had knowledge. 109A-6105. Notice to Creditors. In addition to the requirements of the preceding section, any bulk transfer subject to this Article except one made by auction sale (109A-6108) is ineffective against any creditor of the transferor unless at least ten days before he takes possession of the goods or pays for them, whichever happens first, the transferee gives notice of the transfer in the manner and to the persons hereafter provided (109A-6107). 109A-6106. Definition of Public Notice. Public notice under section 109A-6103 shall be given as follows: By advertising the transfer, giving the name of the transferor, the transferee, and the effective date thereof, once a week for two weeks in the newspaper in which sheriffs' advertisements are published in the county where the former business enterprise taken over had its principal place of business in this state. 109A-6107. The Notice. (1) The notice to creditors (109A-6105) shall state: (a) that a bulk transfer is about to be made; and (b) the names and business addresses of the transferor and transferee, and all other business names and addresses used by the transferor within three years last past so far as known to the transferee; and (c) whether or not all the debts of the transferor are to

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be paid in full as they fall due as a result of the transaction, and if so, the address to which creditors should send their bills. (2) If the debts of the transferor are not to be paid in full as they fall due or if the transferee is in doubt on that point then the notice shall state further: (a) the location and general description of the property to be transferred and the estimated total of the transferor's debts; (b) the address where the schedule of property and list of creditors (109A-6104) may be inspected; (c) whether the transfer is to pay existing debts and if so the amount of such debts and to whom owing; (d) whether the transfer is for new consideration and if so the amount of such consideration and the time and place of payment. (3) The notice in any case shall be delivered personally or sent by registered mail to all the persons shown on the list of creditors furnished by the transferor (109A-6104) and to all other persons who are known to the transferee to hold or assert claims against the transferor. 109A-6108. Auction Sales; Auctioneer. (1) A bulk transfer is subject to this Article even though it is by sale at auction, but only in the manner and with the results stated in this section. (2) The transferor shall furnish a list of his creditors and assist in the preparation of a schedule of the property to be sold, both prepared as before stated (109A-6104). (3) The person or persons other than the transferor who direct, control or are responsible for the auction are collectively called the autioneer. The auctioneer shall:

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(a) receive and retain the list of creditors and prepare and retain the schedule of property for the period stated in this Article (109A-6104); (b) give notice of the auction personally or by registered mail at least ten days before it occurs to all persons shown on the list of creditors and to all other persons who are known to him to hold or assert claims against the transferor. (4) Failure of the auctioneer to perform any of these duties does not affect the validity of the sale or the title of the purchasers, but if the auctioneer knows that the auction constitutes a bulk transfer such failure renders the auctioneer liable to the creditors of the transferor as a class for the sums owing to them from the transferor up to but not exceeding the net proceeds of the auction. If the auctioneer consists of several persons their liability is joint and several. 109A-6109. What Creditors Protected. The creditors of the transferor mentioned in this Article are those holding claims based on transactions or events occurring before the bulk transfer, but creditors who become such after notice to creditors is given (109A-6105 and 6107) are not entitled to notice. 109A-6110. Subsequent Transfers. When the title of a transferee to property is subject to a defect by reason of his noncompliance with the requirements of this Article, then: (1) a purchaser of any of such property from such transferee who pays no value or who takes with notice of such non-compliance takes subject to such defect, but (2) a purchaser for value in good faith and without such notice takes free of such defect.

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109A-6111. Limitation of Actions and Levies. No action under this Article shall be brought nor levy made more than 12 months after the date on which the transferee took possession of the goods unless the transfer has been concealed. If the transfer has been concealed, actions may be brought or levies made within 12 months after its discovery. CHAPTER 109A-7 ARTICLE 7 WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE. PART 1 GENERAL 109A-7101. Short Title 109A-7102. Definitions and Index of Definitions 109A-7103. Relation of Article to Treaty, Statute, Tariff, Classification or Regulation 109A-7104. Negotiable and Non-Negotiable Warehouse Receipt, Bill of Lading or Other Document of Title 109A-7105. Construction Against Negative Implication 109A-7101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeDocuments of Title. 109A-7102. Definitions and Index of Definitions. (1) In this Article, unless the context otherwise requires: (a) Bailee means the person who by a warehouse receipt,

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bill of lading or other document of title acknowledges possession of goods and contracts to deliver them. (b) Consignee means the person named in a bill to whom or to whose order the bill promises delivery. (c) Consignor means the person named in a bill as the person from whom the goods have been received for shipment. (d) Delivery order means a written order to deliver goods directed to a warehouseman, carrier or other person who in the ordinary course of business issues warehouse receipts or bills of lading. (e) Document means document of title as defined in the general definitions in Article 1 (109A-1201). (f) Goods means all things which are treated as movable for the purpose of a contract of storage or transportation. (g) Issuer means a bailee who issues a document except that in relation to an unaccepted delivery order it means the person who orders the possessor of goods to deliver. Issuer includes any person for whom an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, notwithstanding that the issuer received no goods or that the goods were misdescribed or that in any other respect the agent or employee violated his instructions. (h) Warehouseman is a person engaged in the business of storing goods for hire. (2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they apear are: Duly negotiate. 109A-7501. Person entitled under the document. 109A-7403(4).

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(3) Definitions in other Articles applying to this Article and the sections in which they appear are: Contract for sale. 109A-2106. Overseas. 109A-2323. Receipt of goods. 109A-2103. (4) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-7103. Relation of Article to Treaty, Statute, Tariff, Classification or Regulation. To the extent that any treaty or statute of the United States, regulatory statute of this State or tariff, classification or regulation filed or issued pursuant thereto is applicable, the provisions of this Article are subject thereto. 109A-7104. Negotiable and Non-Negotiable Warehouse Receipt, Bill of Lading or Other Document of Title. (1) A warehouse receipt, bill of lading or other document of title is negotiable (a) if by its terms the goods are to be delivered to bearer or to the order of a named person; or (b) where recognized in overseas trade, if it runs to a named person or assigns. (2) Any other document is non-negotiable. A bill of lading in which it is stated that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against a written order signed by the same or another named person.

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109A-7105. Construction Against Negative Implication. The omission from either Part 2 or Part 3 of this Article of a provision corresponding to a provision made in the other Part does not imply that a corresponding rule of law is not applicable. PART 2 WAREHOUSE RECEIPTS: SPECIAL PROVISIONS. 109A-7201. Who May Issue a Warehouse Receipt; Storage Under Government Bond 109A-7202. Form of Warehouse Receipt; Essential Terms; Optional Terms 109A-7203. Liability for Non-Receipt or Misdescription 109A-7204. Duty of Care; Contractual Limitation of Warehouseman's Liability 109A-7205. Title Under Warehouse Receipt Defeated in Certain Cases 109A-7206. Termination of Storage at Warehouseman's Option 109A-7207. Goods Must Be Kept Separate; Fungible Goods 109A-7208. Altered Warehouse Receipts 109A-7209. Lien of Warehouseman 109A-7210. Enforcement of Warehouseman's Lien 109A-7201. Who May Issue a Warehouse Receipt; Storage Under Government Bond. (1) A warehouse receipt may be issued by any warehouseman. (2) Where goods including distilled spirits and agricultural commodities are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods has like effect as a warehouse receipt even though issued by a person who is the owner of the goods and is not a warehouseman.

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109A-7202. Form of Warehouse Receipt; Essential Terms; Optional Terms. (1) A warehouse receipt need not be in any particular form. (2) Unless a warehouse receipt embodies within its written or printed terms each of the following, the warehouseman is liable for damages caused by the omission to a person injured thereby: (a) the location of the warehouse where the goods are stored; (b) the date of issue of the receipt; (c) the consecutive number of the receipt; (d) a statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or his order; (e) the rate of storage and handling charges, except that where goods are stored under a field warehousing arrangement a statement of that fact is sufficient on a non-negotiable receipt; (f) a description of the goods or of the packages containing them; (g) the signature of the warehouseman, which may be made by his authorized agent; (h) if the receipt is issued for goods of which the warehouseman is owner, either solely or jointly or in common with others, the fact of such ownership; and (i) a statement of the amount of advances made and of liabilities incurred for which the warehouseman claims a lien or security interest (109A-7209). If the precise amount of such advances made or of such liabilities incurred

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is, at the time of the issue of the receipt, unknown to the warehouseman or to his agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient. (3) A warehouseman may insert in his receipt any other terms which are not contrary to the provisions of this Act and do not impair his obligation of delivery (109A-7403) or his duty of care (109A-7204). Any contrary provisions shall be ineffective. 109A-7203. Liability for Non-Receipt or Misdescription. A party to or purchaser for value in good faith of a document of title other than a bill of lading relying in either case upon the description therein of the goods may recover from the issuer damages caused by the non-receipt or misdescription of the goods, except to the extent that the document conspicuously indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity or condition, or the receipt or description is qualified by contents, condition and quality unknown, said to contain or the like, if such indication be true, or the party or purchaser otherwise has notice. 109A-7204. Duty of Care; Contractual Limitation of Warehouseman's Liability. (1) A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful man would exercise under like circumstances but unless otherwise agreed he is not liable for damages which could not have been avoided by the exercise of such care. (2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight,

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beyond which the warehouseman shall not be liable; provided, however, that such liability may on written request of the bailor at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt be increased on part or all of the goods thereunder, in which event increased rates may be charged based on such increased valuation, but that no such increase shall be permitted contrary to a lawful limitation of liability contained in the warehouseman's tariff, if any. No such limitation is effective with respect to the warehouseman's liability for conversion to his own use. (3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or tariff. 109A-7205. Title Under Warehouse Receipt Defeated in Certain Cases. A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who is also in the business of buying and selling such goods takes free of any claim under a warehouse receipt even though it has been duly negotiated. 109A-7206. Termination of Storage at Warehouseman's Option. (1) A warehouseman may on notifying the person on whose account the goods are held and any other person known to claim an interest in the goods require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document, or, if no period is fixed, within a stated period not less than thirty days after the notification. If the goods are not removed before the date specified in the notification, the warehouseman may sell them in accordance with the provisions of the section on enforcement of a warehouseman's lien (109A-7210). (2) If a warehouseman in good faith believes that the

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goods are about to deteriorate or decline in value to less than the amount of his lien within the time prescribed in subsection (1) for notification, advertisement and sale, the warehouseman may specify in the notification any reasonable shorter time for removal of the goods and in case the goods are not removed, may sell them at public sale held not less than one week after a single advertisement or posting. (3) If as a result of a quality or condition of the goods of which the warehouseman had no notice at the time of deposit the goods are a hazard to other property or to the warehouse or to persons, the warehouseman may sell the goods at public or private sale without advertisement on reasonable notification to all persons known to claim an interest in the goods. If the warehouseman after a reasonable effort is unable to sell the goods he may dispose of them in any lawful manner and shall incur no liability by reason of such disposition. (4) The warehouseman must deliver the goods to any person entitled to them under this Article upon due demand made at any time prior to sale or other disposition under this section. (5) The warehouseman may satisfy his lien from the proceeds of any sale or disposition under this section but must hold the balance for delivery on the demand of any person to whom he would have been bound to deliver the goods. 109A-7207. Goods Must Be Kept Separate; Fungible Goods. (1) Unless the warehouse receipt otherwise provides, a warehouseman must keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods except that different lots of fungible goods may be commingled. (2) Fungible goods so commingled are owned in common

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by the persons entitled thereto and the warehouseman is severally liable to each owner for that owner's share. Where because of overissue a mass of fungible goods is insufficient to meet all the receipts which the warehouseman has issued against it, the persons entitled include all holders to whom overissued receipts have been duly negotiated. 109A-7208. Altered Warehouse Receipts. Where a blank in a negotiable warehouse receipt has been filled in without authority, a purchaser for value and without notice of the want of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any receipt enforceable against the issuer according to its original tenor. 109A-7209. Lien of Warehouseman. (1) A warehouseman has a lien against the bailor on the goods covered by a warehouse receipt or on the proceeds theerof in his possession for charges for storage or transportation (including demurrage and terminal charges), insurance, labor, or charges present or future in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for like charges or expenses in relation to other goods whenever deposited and it is stated in the receipt that a lien is claimed for charges and expenses in relation to other goods, the warehouseman also has a lien against him for such charges and expenses whether or not the other goods have been delivered by the warehouseman. But against a person to whom a negotiable warehouse receipt is duly negotiated a warehouseman's lien is limited to charges in an amount or at a rate specified on the receipt or if no charges are so specified then to a reasonable charge for storage of the goods covered by the receipt subsequent to the date of the receipt. (2) The warehouseman may also reserve a security interest

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against the bailor for a maximum amount specified on the receipt for charges other than those specified in subsection (1), such as for money advanced and interest. Such a security interest is governed by the Article on Secured Transactions (Article 9). (3) A warehouseman's lien for charges and expenses under subsection (1) or a security interest under subsection (2) is also effective against any person who so entrusted the bailor with possession of the goods that a pledge of them by him to a good faith purchaser for value would have been valid but is not effective against a person as to whom the document confers no right in the goods covered by it under 109A-7503. (4) A warehouseman loses his lien on any goods which he voluntarily delivers or which he unjustifiably refuses to deliver. 109A-7210. Enforcement of Warehouseman's Lien. (1) Except as provided in subsection (2), a warehouseman's lien may be enforced by public or private sale of the goods in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the warehouseman is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the warehouseman either sells the goods in the usual manner in any recognized market therefor, or if he sells at the price current in such market at the time of his sale, or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold, he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.

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(2) A warehouseman's lien on goods other than goods stored by a merchant in the course of his business may be enforced only as follows: (a) All persons known to claim an interest in the goods must be notified. (b) The notification must be delivered in person or sent by registered letter to the last known address of any person to be notified. (c) The notification must include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than ten days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place. (d) The sale must conform to the terms of the notification. (e) The sale must be held at the nearest suitable place to that where the goods are held or stored. (f) After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must take place at least fifteen days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. (3) Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred

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under this section. In that event the goods must not be sold, but must be retained by the warehouseman subject to the terms of the receipt and this Article. (4) The warehouseman may buy at any public sale pursuant to this section. (5) A purchaser in good faith of goods sold to enforce a warehouseman's lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the warehouseman with the requirements of this section. (6) The warehouseman may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods. (7) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor. (8) Where a lien is on goods stored by a merchant in the course of his business the lien may be enforced in accordance with either subsection (1) or (2). (9) The warehouseman is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion. PART 3 BILLS OF LADING: SPECIAL PROVISIONS. 109A-7301. Liability for Non-Receipt or Misdescription; Said to Contain; Shipper's Load and Count; Improper Handling 109A-7302. Through Bills of Lading and Similar Documents

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109A-7303. Diversion; Reconsignment; Change of Instructions 109A-7304. Bills of Lading in a Set 109A-7305. Destination Bills 109A-7306. Altered Bills of Lading 109A-7307. Lien of Carrier 109A-7308. Enforcement of Carrier's Lien 109A-7309. Duty of Care; Contractual Limitation of Carrier's Liability 109A-7301. Liability for Non-Receipt or Misdescription; Said to Contain; Shipper's Load and Count; Improper Handling. (1) A consignee of a non-negotiable bill who has given value in good faith or a holder to whom a negotiable bill has been duly negotiated relying in either case upon the description therein of the goods, or upon the date therein shown, may recover from the issuer damages caused by the misdating of the bill or the non-receipt or misdescription of the goods, except to the extent that the document indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, as where the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by contents or condition of contents of packages unknown, said to contain, shipper's weight, load and count or the like, if such indication be true. (2) When goods are loaded by an issuer who is a common carrier, the issuer must count the packages of goods if package freight and ascertain the kind and quantity if bulk freight. In such cases shipper's weight, load and count or other words indicating that the description was made by the shipper are ineffective except as to freight concealed by packages. (3) When bulk freight is loaded by a shipper who makes available to the issuer adequate facilities for weighing such freight, an issuer who is a common carrier must ascertain the kind and quantity within a reasonable time after receiving

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the written request of the shipper to do so. In such cases shipper's weight or other words of like purport are ineffective. (4) The issuer may by inserting in the bill the words shipper's weight, load and count or other words of like purport indicate that the goods were loaded by the shipper; and if such statement be true the issuer shall not be liable for damages caused by the improper loading. But their omission does not imply liability for such damages. (5) The shipper shall be deemed to have guaranteed to the issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition and weight, as furnished by him; and the shipper shall indemnify the issuer against damage caused by inaccuracies in such particulars. The right of the issuer to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. 109A-7302. Through Bills of Lading and Similar Documents. (1) The issuer of a through bill of lading or other document embodying an undertaking to be performed in part by persons acting as its agents or by connecting carriers is liable to anyone entitled to recover on the document for any breach by such other persons or by a connecting carrier of its obligation under the document but to the extent that the bill covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation this liability may be varied by agreement of the parties. (2) Where goods covered by a through bill of lading or other document embodying an undertaking to be performed in part by persons other than the issuer are received by any such person, he is subject with respect to his own performance while the goods are in his possession to the obligation

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of the issuer. His obligation is discharged by delivery of the goods to another such person pursuant to the document, and does not include liability for breach by any other such persons or by the issuer. (3) The issuer of such through bill of lading or other document shall be entitled to recover from the connecting carrier or such other person in possession of the goods when the breach of the obligation under the document occurred, the amount it may be required to pay to anyone entitled to recover on the document therefor, as may be evidenced by any receipt, judgment, or transcript thereof, and the amount of any expense reasonably incurred by it in defending any action brought by anyone entitled to recover on the document therefor. 109A-7303. Diversion; Reconsignment; Change of Instructions. (1) Unless the bill of lading otherwise provides, the carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods on instructions from (a) the holder of a negotiable bill; or (b) the consignor on a non-negotiable bill notwithstanding contrary instructions from the consignee; or (c) the consignee on a non-negotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the bill; or (d) the consignee on a non-negotiable bill if he is entitled as against the consignor to dispose of them. (2) Unless such instructions are noted on a negotiable bill of lading, a person to whom the bill is duly negotiated can hold the bailee according to the original terms.

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109A-7304. Bills of Lading in a Set. (1) Except where customary in overseas transportation, a bill of lading must not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection. (2) Where a bill of lading is lawfully drawn in a set of parts, each of which is numbered and expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitute one bill. (3) Where a bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to whom the first due negotiation is made prevails as to both the document and the goods even though any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrender of his part. (4) Any person who negotiates or transfers a single part of a bill of lading drawn in a set is liable to holders of that part as if it were the whole set. (5) The bailee is obliged to deliver in accordance with Part 4 of this Article against the first presented part of a bill of lading lawfully drawn in a set. Such delivery discharges the bailee's obligation on the whole bill. 109A-7305. Destination Bills. (1) Instead of issuing a bill of lading to the consignor at the place of shipment a carrier may at the request of the consignor procure the bill to be issued at destination or at any other place designated in the request. (2) Upon request of anyone entitled as against the carrier to control the goods while in transit and on surrender of any outstanding bill of lading or other receipt covering such goods, the issuer may procure a substitute bill to be issued at any place designated in the request.

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109A-7306. Altered Bills of Lading. An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor. 109A-7307. Lien of Carrier. (1) A carrier has a lien on the goods covered by a bill of lading for charges subsequent to the date of its receipt of the goods for storage or transportation (including demurrage and terminal charges) and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. But against a purchaser for value of a negotiable bill of lading a carrier's lien is limited to charges stated in the bill or the applicable tariffs, or if no charges are stated then to a reasonable charge. (2) A lien for charges and expenses under subsection (1) on goods which the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to such charges and expenses. Any other lien under subsection (1) is effective against the consignor and any person who permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked such authority. (3) A carrier loses his lien on any goods which he voluntarily delivers or which he unjustifiably refuses to deliver. 109A-7308. Enforcement of Carrier's Lien. (1) A carrier's lien may be enforced by public or private sale of the goods, in bloc or in parcels, at any time or place and on any terms which are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such notification must include a statement of the

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amount due, the nature of the proposed sale and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the carrier either sells the goods in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence. (2) Before any sale pursuant to this section any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section. In that event the goods must not be sold, but must be retained by the carrier subject to the terms of the bill and this Article. (3) The carrier may buy at any public sale pursuant to this section. (4) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against whom the lien was valid, despite noncompliance by the carrier with the requirements of this section. (5) The carrier may satisfy his lien from the proceeds of any sale pursuant to this section but must hold the balance, if any, for delivery on demand to any person to whom he would have been bound to deliver the goods. (6) The rights provided by this section shall be in addition to all other rights allowed by law to a creditor against his debtor. (7) A carrier's lien may be enforced in accordance with

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either subsection (1) or the procedure set forth in subsection (2) of 109A-7210. (8) The carrier is liable for damages caused by failure to comply with the requirements for sale under this section and in case of willful violation is liable for conversion. 109A-7309. Duty of Care; Contractual Limitation of Carrier's Liability. (1) A carrier who issues a bill of lading whether negotiable or non-negotiable must exercise the degree of care in relation to the goods which a reasonably careful man would exercise under like circumstances. This subsection does not repeal or change any law or rule of law which imposes liability upon a common carrier for damages not caused by its negligence. (2) Damages may be limited by a provision that the carrier's liability shall not exceed a value stated in the document if the carrier's rates are dependent upon value and the consignor by the carrier's tariff is afforded an opportunity to declare a higher value or a value as lawfully provided in the tariff, or where no tariff is filed he is otherwise advised of such opportunity; but no such limitation is effective with respect to the carrier's liability for conversion to its own use. (3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the shipment may be included in a bill of lading or tariff. PART 4 WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS. 109A-7401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer 109A-7402. Duplicate Receipt or Bill; Overissue

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109A-7403. Obligation of Warehouseman or Carrier to Deliver; Excuse 109A-7404. No Liability for Good Faith Delivery Pursuant to Receipt or Bill 109A-7401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer. The obligations imposed by this Article on an issuer apply to a document of title regardless of the fact that (a) the document may not comply with the requirements of this Article or of any other law or regulation regarding its issue, form or content; or (b) the issuer may have violated laws regulating the conduct of his business; or (c) the goods covered by the document were owned by the bailee at the time the document was issued; or (d) the person issuing the document does not come within the definition of warehouseman if it purports to be a warehouse receipt. 109A-7402. Duplicate Receipt or Bill; Overissue. Neither a duplicate nor any other document of title purporting to cover goods already represented by an outstanding document of the same issuer confers any right in the goods, except as provided in the case of bills in a set, overissue of documents for fungible goods and substitutes for lost, stolen or destroyed documents. But the issuer is liable for damages caused by his overissue or failure to identify a duplicate document as such by conspicuous notation on its face. 109A-7403. Obligation of Warehouseman or Carrier to Deliver; Excuse. (1) The bailee must deliver the goods to a person entitled

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under the document who complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following: (a) delivery of the goods to a person whose receipt was rightful as against the claimant; (b) damage to or delay, loss or destruction of the goods for which the bailee is not liable; (c) previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman's lawful termination of storage; (d) the exercise by a seller of his right to stop delivery pursuant to the provisions of the Article on Sales (109A-2705); (e) a diversion, reconsignment or other disposition pursuant to the provisions of this Article (109A-7303) or tariff regulating such right; (f) release, satisfaction or any other fact affording a personal defense against the claimant; (g) any other lawful excuse. (2) A person claiming goods covered by a document of title must satisfy the bailee's lien where the bailee so requests or where the bailee is prohibited by law from delivering the goods until the charges are paid. (3) Unless the person claiming is one against whom the document confers no right under 109A-7503 (1), he must surrender for cancellation or notation of partial deliveries any outstanding negotiable document covering the goods, and the bailee must cancel the document or conspicuously note the partial delivery thereon or be liable to any person to whom the document is duly negotiated. (4) Person entitled under the document means holder

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in the case of a negotiable document, or the person to whom delivery is to be made by the terms of or pursuant to written instructions under a non-negotiable document. 109A-7404. No Liability for Good Faith Delivery Pursuant to Receipt or Bill. A bailee who in good faith including observance of reasonable commercial standards has received goods and delivered or otherwise disposed of them according to the terms of the document of title or pursuant to this Article is not liable therefor. This rule applies even though the person from whom he received the goods had no authority to procure the document or to dispose of the goods and even though the person to whom he delivered the goods had no authority to receive them. PART 5 WAREHOUSE RECEIPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER. 109A-7501. Form of Negotiation and Requirements of Due Negotiation 109A-7502. Rights Acquired by Due Negotiation 109A-7503. Document of Title to Goods Defeated in Certain Cases 109A-7504. Rights Acquired in the Absence of Due Negotiation; Effect of Diversion; Seller's Stoppage of Delivery 109A-7505. Indorser Not a Guarantor for Other Parties 109A-7506. Delivery Without Indorsement: Right to Compel Indorsement 109A-7507. Warranties on Negotiation or Transfer of Receipt or Bill 109A-7508. Warranties of Collecting Bank as to Documents 109A-7509. Receipt or Bill: When Adequate Compliance With Commercial Contract

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109A-7501. Form of Negotiation and Requirements of Due Negotiation. (1) A negotiable document of title running to the order of a named person is negotiated by his indorsement and delivery. After his indorsement in blank or to bearer any person can negotiate it by delivery alone. (2) (a) A negotiable document of title is also negotiated by delivery alone when by its original terms it runs to bearer. (b) when a document running to the order of a named person is delivered to him the effect is the same as if the document had been negotiated. (3) Negotiation of a negotiable document of title after it has been indorsed to a specified person requires indorsement by the special indorsee as well as delivery. (4) A negotiable document of title is duly negotiated when it is negotiated in the manner stated in this section to a holder who purchases it in good faith without notice of any defense against or claim to it on the part of any person and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a money obligation. (5) Indorsement of a non-negotiable document neither makes it negotiable nor adds to the transferee's rights. (6) The naming in a negotiable bill of a person to be notified of the arrival of the goods does not limit the negotiability of the bill nor constitute notice to a purchaser thereof of any interest of such person in the goods. 109A-7502. Rights Acquired by Due Negotiation. (1) Subject to the following section and to the provisions of 109A-7205 on fungible goods, a holder to whom a

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negotiable document of title has been duly negotiated acquires thereby: (a) title to the document; (b) title to the goods; (c) all rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and (d) the direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by him except those arising under the terms of the document or under this Article. In the case of a delivery order the bailee's obligation accrues only upon acceptance and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee. (2) Subject to the following section, title and rights so acquired are not defeated by any stoppage of the goods represented by the document or by surrender of such goods by the bailee, and are not impaired even though the negotiation or any prior negotiation constituted a breach of duty or even though any person has been deprived of possession of the document by misrepresentation, fraud, accident, mistake, duress, loss, theft or conversion, or even though a previous sale or other transfer of the goods or document has been made to a third person. 109A-7503. Document of Title to Goods Defeated in Certain Cases. (1) A document of title confers no right in goods against a person who before issuance of the document had a legal interest or a perfected security interest in them and who neither (a) delivered or entrusted them or any document of title covering them to the bailor or his nominee with actual or

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apparent authority to ship, store or sell or with power to obtain delivery under this Article (109A-7403) or with power of disposition under this Act (109A-2403 and 9307) or other statute or rule of law; nor (b) acquiesced in the procurement by the bailor or his nominee of any document of title. (2) Title to goods based upon an unaccepted delivery order is subject to the rights of anyone to whom a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. Such a title may be defeated under the next section to the same extent as the rights of the issuer or a transferee from the issuer. (3) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of anyone to whom a bill issued by the freight forwarder is duly negotiated; but delivery by the carrier in accordance with Part 4 of this Article pursuant to its own bill of lading discharges the carrier's obligation to deliver. 109A-7504. Rights Acquired in the Absence of Due Negotiation; Effect of Diversion; Seller's Stoppage of Delivery. (1) A transferee of a document, whether negotiable or non-negotiable, to whom the document has been delivered but not duly negotiated, acquires the title and rights which his transferor had or had actual authority to convey. (2) In the case of a non-negotiable document, until but not after the bailee receives notification of the transfer, the rights of the transferee may be defeated (a) by those creditors of the transferor who could treat the sale as void under 109A-2402; or (b) by a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of his rights; or

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(c) as against the bailee by good faith dealings of the bailee with the transferor. (3) A diversion or other change of shipping instructions by the consignor in a non-negotiable bill of lading which causes the bailee not to deliver to the consignee defeats the consignee's title to the goods if they have been delivered to a buyer in ordinary course of business and in any event defeats the consignee's rights against the bailee. (4) Delivery pursuant to a non-negotiable document may be stopped by a seller under 109A-2705, and subject to the requirement of due notification there provided. A bailee honoring the seller's instructions is entitled to be indemnified by the seller against any resulting loss or expense. 109A-7505. Indorser Not a Guarantor for Other Parties. The indorsement of a document of title issued by a bailee does not make the indorser liable for any default by the bailee or by previous indorsers. 109A-7506. Delivery Without Indorsement: Right to Compel Indorsement. The transferee of a negotiable document of title has a specifically enforceable right to have his transferor supply any necessary indorsement but the transfer becomes a negotiation only as of the time the indorsement is supplied. 109A-7507. Warranties on Negotiation or Transfer of Receipt or Bill. Where a person negotiates or transfers a document of title for value otherwise than as a mere intermediary under the next following section, then unless otherwise agreed he warrants to his immediate purchaser only in addition to any warranty made in selling the goods (a) that the document is genuine; and

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(b) that he has no knowledge of any fact which would impair its validity or worth; and (c) that his negotiation or transfer is rightful and fully effective with respect to the title to the document and the goods it represents. 109A-7508. Warranties of Collecting Bank as to Documents. A collecting bank or other intermediary known to be entrusted with documents on behalf of another or with collection of a draft or other claim against delivery of documents warrants by such delivery of the documents only its own good faith and authority. This rule applies even though the intermediary has purchased or made advances against the claim or draft to be collected. 109A-7509. Receipt or Bill: When Adequate Compliance With Commercial Contract. The question whether a document is adequate to fulfill the obligations of a contract for sale or the conditions of a credit is governed by the Articles on Sales (Article 2) and on Letters of Credit (Article 5). PART 6 WAREHOUSE RECEIPTS AND BILLS OF LANDING: MISCELLANEOUS PROVISIONS. 109A-7601. Lost and Missing Documents 109A-7602. Attachment of Goods Covered by a Negotiable Document 109A-7603. Conflicting Claims; Interpleader 109A-7601. Lost and Missing Documents. (1) If a document has been lost, stolen or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any

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person comply with such order. If the document was negotiable the claimant must post security approved by the court to indemnify any person who may suffer loss as a result of non-surrender of the document. If the document was not negotiable, such security may be required at the discretion of the court. The court may also in its discretion order payment of the bailee's reasonable costs and counsel fees. (2) A bailee who without court order delivers goods to a person claiming under a missing negotiable document is liable to any person injured thereby, and if the delivery is not in good faith becomes liable for conversion. Delivery in good faith is not conversion if made in accordance with a filed classification or tariff or, where no classification or tariff is filed, if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery who files a notice of claim within one year after the delivery. 109A-7602. Attachment of Goods Covered by a Negotiable Document. Except where the document was originally issued upon delivery of the goods by a person who had no power to dispose of them, no lien attaches by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless the document be first surrendered to the bailee or its negotiation enjoined, and the bailee shall not be compelled to deliver the goods pursuant to process until the document is surrendered to him or impounded by the court. One who purchases the document for value without notice of the process or injunction takes free of the lien imposed by judicial process. 109A-7603. Conflicting Claims; Interpleader. If more than one person claims title or possession of the goods, the bailee is excused from delivery until he has had a reasonable time to ascertain the validity of the adverse claims or to bring an action to compel all claimants to interplead and may compel such interpleader, either in defending an action for non-delivery of the goods, or by original action, whichever is appropriate.

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CHAPTER 109A-8 ARTICLE 8 INVESTMENT SECURITIES. PART 1 SHORT TITLE AND GENERAL MATTERS. 109A-8101. Short Title 109A-8102. Definitions and Index of Definitions 109A-8103. Issuer's Lien 109A-8104. Effect of Overissue; Overissue 109A-8105. Securities Negotiable; Presumptions 109A-8106. Applicability 109A-8101. Short Title. This Article shall be known and may be cited as Uniform Commercial CodeInvestment Securities. 109A-8102. Definitions and Index of Definitions. (1) In this Article unless the context otherwise requires (a) A security is an instrument which (i) is issued in bearer or registered form; and (ii) is of a type commonly dealt in upon securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and (iii) is either one of a class or series or by its terms is divisible into a class or series of instruments; and (iv) evidences a share, participation or other interest in

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property or in an enterprise or evidences an obligation of the issuer. (b) A writing which is a security is governed by this Article and not by Uniform Commercial CodeCommercial Paper even though it also meets the requirements of that Article. This Article does not apply to money. (c) A security is in registered form when it specifies a person entitled to the security or to the rights it evidences and when its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer or the security so states. (d) A security is in bearer form when it runs to bearer according to its terms and not by reason of any indorsement. (2) Proper form means regular on its face with regard to all formal matters. (3) A subsequent purchaser is a person who takes other than by original issue. (4) Other definitions applying to this Article or to specified Parts thereof and the sections in which they appear are: Adverse claim. 109A-8301. Bona fide purchaser. 109A-8302. Broker. 109A-8303. Guarantee of the signature. 109A-8402. Intermediary Bank. 109A-4105. Issuer. 109A-8201. Overissue. 109A-8104.

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(5) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article. 109A-8103. Issuer's Lien. A lien upon a security in favor of an issuer thereof is valid against a purchaser only if the right of the issuer to such lien is noted conspicuously on the security. 109A-8104. Effect of Overissue; Overissue. (1) The provisions of this Article which validate a security or compel its issue or reissue do not apply to the extent that validation, issue or reissue would result in overissue; but (a) if an identical security which does not constitute an overissue is reasonably available for purchase, the person entitled to issue or validation may compel the issuer to purchase and deliver such a security to him against surrender of the security, if any, which he holds; or (b) if a security is not so available for purchase, the person entitled to issue or validation may recover from the issuer the price he or the last purchaser for value paid for it with interest from the date of his demand. (2) Overissue means the issue of securities in excess of the amount which the issuer has corporate power to issue. 109A-8105. Securities Negotiable; Presumptions. (1) Securities governed by this Article are negotiable instruments. (2) In any action on a security (a) unless specifically denied in the pleadings, each signature on the security or in a necessary indorsement is admitted;

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(b) when the effectiveness of a signature is put in issue the burden of establishing it is on the party claiming under the signature but the signature is presumed to be genuine or authorized; (c) when signatures are admitted or established production of the instrument entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security; and (d) after it is shown that a defense or defect exists the plaintiff has the burden of establishing that he or some person under whom he claims is a person against whom the defense or defect is ineffective (109A-8202). 109A-8106. Applicability. The validity of a security and the rights and duties of the issuer with respect to registration of transfer are governed by the law (including the conflict of laws rules) of the jurisdiction of organization of the issuer. PART 2 ISSUEISSUER. 109A-8201. Issuer 109A-8202. Issuer's Responsibility and Defenses; Notice of Defect or Defense 109A-8203. Staleness as Notice of Defects or Defenses 109A-8204. Effect of Issuer's Restrictions on Transfer 109A-8205. Effect of Unauthorized Signature on Issue 109A-8206. Completion or Alteration of Instrument 109A-8207. Rights of Issuer With Respect to Registered Owners 109A-8208. Effect of Signature of Authenticating Trustee, Registrar or Transfer Agents

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109A-8201. Issuer. (1) With respect to obligations on or defenses to a security issuer includes a person who (a) places or authorizes the placing of his name on a security (otherwise than as authenticating trustee, registrar, transfer agent or the like) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty to perform an obligation evidenced by the security; or (b) directly or indirectly creates fractional interests in his rights or property which fractional interests are evidenced by securities; or (c) becomes responsible for or in place of any other person described as an issuer in this section. (2) With respect to obligations on or defenses to a security a guarantor is an issuer to the extent of his guaranty whether or not his obligation is noted on the security. (3) With respect to registration of transfer (Part 4 of this Article) issuer means a person on whose behalf transfer books are maintained. 109A-8202. Issuer's Responsibility and Defenses; Notice of Defect or Defense. (1) Even against a purchaser for value and without notice, the terms of a security include those stated on the security and those made part of the security by reference to another instrument, indenture or document or to a constitution, statute, ordinance, rule, regulation, order or the like to the extent that the terms so referred to do not conflict with the stated terms. Such a reference does not of itself charge a purchaser for value with notice of a defect going to the validity of the security even though the security expressly states that a person accepting it admits such notice.

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(2) (a) A security other than one issued by a government or governmental agency or unit even though issued with a defect going to its validity is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of constitutional provisions in which case the security is valid in the hands of a subsequent purchaser for value and without notice of the defect. (b) The rule of subparagraph (a) applies to an issuer which is a government or governmental agency or unit only if either there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security. (3) Except as otherwise provided in the case of certain unauthorized signatures on issue (109A-8205), lack of genuineness of a security is a complete defense even against a purchaser for value and without notice. (4) All other defenses of the issuer including nondelivery and conditional delivery of the security are ineffective against a purchaser for value who has taken without notice of the particular defense. (5) Nothing in this section shall be construed to affect the right of a party to a when, as and if issued or a when distributed contract to cancel the contract in the event of a material change in the character of the security which is the subject of the contract or in the plan or arrangement pursuant to which such security is to be issued or distributed. 109A-8203. Staleness as Notice of Defects or Defenses. (1) After an act or event which creates a right to immediate performance of the principal obligation evidenced by the security or which sets a date on or after which the

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security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer (a) if the act or event is one requiring the payment of money or the delivery of securities or both on presentation or surrender of the security and such funds or securities are available on the date set for payment or exchange and he takes the security more than one year after that date; and (b) if the act or event is not covered by paragraph (a) and he takes the security more than two years after the date set for surrender or presentation or the date on which such performance became due. (2) A call which has been revoked is not within subsection (1). 109A-8204. Effect of Issuer's Restrictions on Transfer. Unless noted conspicuously on the security a restriction on transfer imposed by the issuer even though otherwise lawful is ineffective except against a person with actual knowledge of it. 109A-8205. Effect of Unauthorized Signature on Issue. A unauthorized signature placed on a security prior to or in the course of issue is ineffective except that the signature is effective in favor of a purchaser for value and without notice of the lack of authority if the signing has been done by (a) an authenticating trustee, registrar, transfer agent or other person entrusted by the issuer with the signing of the security or of similar securities or their immediate preparation for signing; or (b) an employee of the issuer or of any of the foregoing entrusted with responsible handling of the security.

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109A-8206. Completion or Alteration of Instrument. (1) Where a security contains the signatures necessary to its issue or transfer but is incomplete in any other respect (a) any person may complete it by filling in the blanks as authorized; and (b) even though the blanks are incorrectly filled in, the security as completed is enforceable by a purchaser who took it for value and without notice of such incorrectness. (2) A complete security which has been improperly altered even though fraudulently remains enforceable but only according to its original terms. 109A-8207. Rights of Issuer With Respect to Registered Owners. (1) Prior to due presentment for registration of transfer of a security in registered form the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, to receive notifications and otherwise to exercise all the rights and powers of an owner. (2) Nothing in this Article shall be construed to affect the liability of the registered owner of a security for calls, assessments or the like. 109A-8208. Effect of Signature of Authenticating Trustee, Registrar or Transfer Agent. (1) A person placing his signature upon a security as authenticating trustee, registrar, transfer agent or the like warrants to a purchaser for value without notice of the particular defect that (a) the security is genuine and in proper form; and (b) his own participation in the issue of the security is within his capacity and within the scope of the authorization received by him from the issuer; and

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(c) he has reasonable grounds to believe that the security is within the amount the issuer is authorized to issue. (2) Unless otherwise agreed, a person by so placing his signature does not assume responsibility for the validity of the security in other respects. PART 3 PURCHASE. 109A-8301. Rights Acquired by Purchaser; Adverse Claim; Title Acquired by Bona Fide Purchaser 109A-8302. Bona Fide Purchaser 109A-8303. Broker 109A-8304. Notice to Purchaser of Adverse Claims 109A-8305. Staleness as Notice of Adverse Claims 109A-8306. Warranties on Presentment and Transfer 109A-8307. Effect of Delivery Without Indorsement; Right to Compel Indorsement 109A-8308. Indorsement, How Made; Special Indorsement; Indorser Not a Guarantor; Partial Assignment 109A-8309. Effect of Indorsement Without Delivery 109A-8310. Indorsement of Security in Bearer Form 109A-8311. Effect of Unauthorized Indorsement 109A-8312. Effect of Guaranteeing Signature or Indorsement 109A-8313. When Delivery to the Purchaser Occurs; Purchaser's Broker as Holder 109A-8314. Duty to Deliver, When Completed 109A-8315. Action Against Purchaser Based Upon Wrongful Transfer 109A-8316. Purchaser's Right to Requisites for Registration of Transfer on Books 109A-8317. Attachment or Levy Upon Security 109A-8318. No Conversion by Good Faith Delivery 109A-8319. Statute of Frauds

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109A-8301. Rights Acquired by Purchaser; Adverse Claim; Title Acquired by Bona Fide Purchaser. (1) Upon delivery of a security the purchaser acquires the rights in the security which his transferor had or had actual authority to convey except that a purchaser who has himself been a party to any fraud or illegality affecting the security or who as a prior holder had notice of an adverse claim cannot improve his position by taking from a later bona fide purchaser. Adverse claim includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in the security. (2) A bona fide purchaser in addition to acquiring the rights of a purchaser also acquires the security free of any adverse claim. (3) A purchaser of a limited interest acquires rights only to the extent of the interest purchased. 109A-8302. Bona Fide Purchaser. A bona fide purchaser is a purchaser for value in good faith and without notice of any adverse claim who takes delivery of a security in bearer form or of one in registered form issued to him or indorsed to him or in blank. 109A-8303. Broker. Broker means a person engaged for all or part of his time in the business of buying and selling securities, who in the transaction concerned acts for, or buys a security from or sells a security to a customer. Nothing in this Article determines the capacity in which a person acts for purposes of any other statute or rule to which such person is subject. 109A-8304. Notice to Purchaser of Adverse Claims. (1) A purchaser (including a broker for the seller or

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buyer but excluding an intermediary bank) of a security is charged with notice of adverse claims if (a) the security whether in bearer or registered form has been indorsed for collection or for surrender or for some other purpose not involving transfer; or (b) the security is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor. The mere writing of a name on a security is not such a statement. (2) The fact that the purchaser (including a broker for the seller or buyer) has notice that the security is held for a third person or is registered in the name of or indorsed by a fiduciary does not create a duty of inquiry into the rightfulness of the transfer or constitute notice of adverse claims. If, however, the purchaser (excluding an intermediary bank) has knowledge that the proceeds are being used or that the transaction is for the individual benefit of the fiduciary or otherwise in breach of duty, the purchaser is charged with notice of adverse claims. 109A-8305. Staleness as Notice of Adverse Claims. An act or event which creates a right to immediate performance of the principal obligation evidenced by the security or which sets a date on or after which the security is to be presented or surrendered for redemption or exchange does not of itself constitute any notice of adverse claims except in the case of a purchase. (a) after one year from any date set for such presentment or surrender for redemption or exchange; or (b) after six months from any date set for payment of money against presentation or surrender of the security if funds are available for payment on that date. 109A-8306. Warranties on Presentment and Transfer. (1) A person who presents a security for registration of

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transfer or for payment or exchange warrants to the issuer that he is entitled to the registration, payment or exchange. But a purchaser for value without notice of adverse claims who receives a new, reissued or re-registered security on registration of transfer warrants only that he has no knowledge of any unauthorized signature (109A-8311) in a necessary indorsement. (2) A person by transferring a security to a purchaser for value warrants only that (a) his transfer is effective and rightful; and (b) the security is genuine and has not been materially altered; and (c) he knows no fact which might impair the validity of the security. (3) Where a security is delivered by an intermediary known to be entrusted with delivery of the security on behalf of another or with collection of a draft or other claim against such delivery, the intermediary by such delivery warrants only his own good faith and authority even though he has purchased or made advances against the claim to be collected against the delivery. A broker is not an intermediary within the meaning of this subsection. (4) A pledgee or other holder for security who redelivers the security received, or after payment and on order of the debtor delivers that security to a third person makes only the warranties of an intermediary under subsection (3). (5) A broker gives to his customer and to the issuer and a purchaser the warranties provided in this section and has the rights and privileges of a purchaser under this section. The warranties of and in favor of the broker acting as an agent are in addition to applicable warranties given by and in favor of his customer.

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109A-8307. Effect of Delivery Without Indorsement; Right to compel Indorsement. Where a security in registered form has been delivered to a purchaser without a necessary indorsement he may become a bona fide purchaser only as of the time the indorsement is supplied, but against the transferor the transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary indorsement supplied. 109A-8308. Indorsement, How Made; Special Indorsement; Indorser Not a Guarantor; Partial Assignment. (1) An indorsement of a security in registered form is made when an appropriate person signs on it or on a separate document an assignment or transfer of the security or a power to assign or transfer it or when the signature of such person is written without more upon the back of the security. (2) An indorsement may be in blank or special. An indorsement in blank includes an indorsement to bearer. A special indorsement specifies the person to whom the security is to be transferred, or who has power to transfer it. A holder may convert a blank indorsement into a special indorsement. (3) An appropriate person in subsection (1) means (a) the person specified by the security or by special indorsement to be entitled to the security; or (b) where the person so specified is described as a fiduciary but is no longer serving in the described capacity,his successor; or (c) where the security or indorsement so specifies more than one person as fiduciaries and one or more are no longer serving in the described capacity,the remaining

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fiduciary or fiduciaries, whether or not a successor has been appointed or qualified; or (d) where the person so specified is an individual and is without capacity to act by virtue of death, incompetence, infancy or otherwise,his executor, administrator, guardian or like fiduciary; or (e) where the security or indorsement so specifies more than one person as tenants by the entirety or with right of survivorship and by reason of death all cannot sign,the survivor or survivors; or (f) a person having power to sign under applicable law or controlling instrument; or (g) to the extent that any of the foregoing persons may act through an agent,his authorized agent. (4) Unless otherwise agreed the indorser by his indorsement assumes no obligation that the security will be honored by the issuer. (5) An indorsement purporting to be only of part of a security representing units intended by the issuer to be separately transferable is effective to the extent of the indorsement. (6) Whether the person signing is appropriate is determined as of the date of signing and an indorsement by such a person does not become unauthorized for the purposes of this Article by virtue of any subsequent change of circumstances. (7) Failure of a fiduciary to comply with a controlling instrument or with the law of the state having jurisdiction of the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer, does not render his indorsement unauthorized for the purposes of this Article.

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109A-8309. Effect of Indorsement Without Delivery. An indorsement of a security whether special or in blank does not constitute a transfer until delivery of the security on which it appears or if the indorsement is on a separate document until delivery of both the document and the security. 109A-8310. Indorsement of Security in Bearer Form. An indorsement of a security in bearer form may give notice of adverse claims (109A-8304) but does not otherwise affect any right to registration the holder may possess. 109A-8311. Effect of Unauthorized Indorsement. Unless the owner has ratified an unauthorized indorsement or is otherwise precluded from asserting its ineffectiveness. (a) he may assert its ineffectiveness against the issuer or any purchaser other than a purchaser for value and without notice of adverse claims who has in good faith received a new, reissued or re-registered security on registration of transfer; and (b) an issuer who registers the transfer of a security upon the unauthorized indorsement is subject to liability for improper registration (109A-8404). 109A-8312. Effect of Guaranteeing Signature or Indorsement. (1) Any person guaranteeing a signature of an indorser of a security warrants that at the time of signing (a) the signature was genuine; and (b) the signer was an appropriate person to indorse (109A-8308); and

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(c) the signer had legal capacity to sign. But the guarantor does not otherwise warrant the rightfulness of the particular transfer. (2) Any person may guarantee an indorsement of a security and by so doing warrants not only the signature (subsection 1) but also the rightfulness of the particular transfer in all respects. But no issuer may require a guarantee of indorsement as a condition to registration of transfer. (3) The foregoing warranties are made to any person taking or dealing with the security in reliance on the guarantee and the guarantor is liable to such person for any loss resulting from breach of the warranties. 109A-8313. When Delivery to the Purchaser Occurs; Purchaser's Broker as Holder. (1) Delivery to a purchaser occurs when (a) he or a person designated by him acquires possession of a security; or (b) his broker acquires possession of a security specially indorsed to or issued in the name of the purchaser; or (c) his broker sends him confirmation of the purchase and also by book entry or otherwise identifies a specific security in the broker's possession as belonging to the purchaser; or (d) with respect to an identified security to be delivered while still in the possession of a third person when that person acknowledges that he holds for the purchaser. (2) Except as specified in subparagraphs (b) and (c) of subsection (1) the purchaser is not the holder of securities held for him by his broker despite a confirmation of purchase and a book entry and other indication that the

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security is part of a fungible bulk held for customers and despite the customer's acquisition of a proportionate property interest in the fungible bulk. 109A-8314. Duty to Deliver, When Completed. (1) Unless otherwise agreed where a sale of a security is made on an exchange or otherwise through brokers (a) the selling customer fulfills his duty to deliver when he places such a security in the possession of the selling borker or of a person designated by the broker or if requested causes an acknowledgment to be made to the selling broker that it is held for him; and (b) the selling broker including a correspondent broker acting for a selling customer fulfills his duty to deliver by placing the security or a like security in the possession of the buying broker or a person designated by him or by effecting clearance of the sale in accordance with the rules of the exchange on which the transaction took place. (2) Except as otherwise provided in this section and unless otherwise agreed, a transferor's duty to deliver a security under a contract of purchase is not fulfilled until he places the security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated by him or at the purchaser's request causes an acknowledgment to be made to the purchaser that it is held for him. Unless made on an exchange a sale to a broker purchasing for his own account is within this subsection and not within subsection (1). 109A-8315. Action Against Purchaser Based Upon Wrongful Transfer. (1) Any person against whom the transfer of a security is wrongful for any reason, including his incapacity, may against anyone except a bona fide purchaser reclaim possession of the security or obtain possession of any

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new security evidencing all or part of the same rights or have damages. (2) If the transfer is wrongful because of an unauthorized indorsement, the owner may also reclaim or obtain possession of the security or new security even from a bona fide purchaser if the ineffectiveness of the purported indorsement can be asserted against him under the provisions of this Article on unauthorized indorsements (109A-8311). (3) The right to obtain or reclaim possession of a security may be specifically enforced and its transfer enjoined and the security impounded pending the litigation. 109A-8316. Purchaser's Right to Requisites for Registration of Transfer on Books. Unless otherwise agreed the transferor must on due demand supply his purchaser with any proof of his authority to transfer or with any other requisite which may be necessary to obtain registration of the transfer of the security but if the transfer is not for value a transferor need not do so unless the purchaser furnishes the necessary expenses. Failure to comply with a demand made within a reasonable time gives the purchaser the right to reject or rescind the transfer. 109A-8317. Attachment or Levy Upon Security. (1) No attachment or levy upon a security or any share or other interest evidenced thereby which is outstanding shall be valid until the security is actually seized by the officer making the attachment or levy but a security which has been surrendered to the issuer may be attached or levied upon at the source. (2) A creditor whose debtor is the owner of a security shall be entitled to such aid from courts of appropriate jurisdiction, by injunction or otherwise, in reaching such security or in satisfying the claim by means thereof as is

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allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process. 109A-8318. No Conversion by Good Faith Delivery. An agent or bailee who in good faith (including observance of reasonable commercial standards if he is in the business of buying, selling or otherwise dealing with securities) has received securities and sold, pledged or delivered them according to the instructions of his principal is not liable for conversion or for participation in breach of fiduciary duty although the principal had no right to dispose of them. 109A-8319. Statute of Frauds. A contract for the sale of securities is not enforceable by way of action or defense unless (a) there is some writing signed by the party against whom enforcement is sought or by his authorized agent or broker sufficient to indicate that a contract has been made for sale of a stated quantity of described securities at a defined or stated price; or (b) delivery of the security has been accepted or payment has been made but the contract is enforceable under this provision only to the extent of such delivery or payment; or (c) within a reasonable time a writing in confirmation of the sale or purchase and sufficient against the sender under paragraph (a) has been received by the party against whom enforcement is sought and he has failed to send written objection to its contents within ten days after its receipt; or (d) the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract was made for sale of a stated quantity of described securities at a defined or stated price.

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PART 4 REGISTRATION 109A-8401. Duty of Issuer to Register Transfer 109A-8402. Assurance That Indorsements Are Effective 109A-8403. Limited Duty of Inquiry 109A-8404. Liability and Non-Liability for Registration 109A-8405. Lost, Destroyed and Stolen Securities 109A-8406. Duty of Authenticating Trustee, Transfer Agent or Registrar 109A-8401. Duty of Issuer to Register Transfer. (1) Where a security in registered form is presented to the issuer with a request to register transfer, the issuer is under a duty to register the transfer as requested if (a) the security is indorsed by the appropriate person or persons (109A-8308); and (b) reasonable assurance is given that those indorsements are genuine and effective (109A-8402); and (c) the issuer has no duty to inquire into adverse claims or has discharged any such duty (109A-8403); and (d) any applicable law relating to the collection of taxes has been compiled with; and (e) the transfer is in fact rightful or is to a bona fide purchaser. (2) Where an issuer is under a duty to register a transfer of a security the issuer is also liable to the person presenting it for registration or his principal for loss resulting from any unreasonable delay in registration or from failure or refusal to register the transfer.

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109A-8402. Assurance That Indorsements Are Effective. (1) The issuer may require the following assurance that each necessary indorsement (109A-8308) is genuine and effective (a) in all cases, a guarantee of the signature (subsection (1) of 109A-8312) of the person indorsing; and (b) where the indorsement is by an agent; appropriate assurance of authority to sign; (c) where the indorsement is by a fiduciary, appropriate evidence of appointment or incumbency; (d) where there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; (e) where the indorsement is by a person not covered by any of the foregoing, assurance appropriate to the case corresponding as nearly as may be to the foregoing. (2) A guarantee of the signature in subesction (1) means a guarantee signed by or on behalf of a person reasonably believed by the issuer to be responsible. The issuer may adopt standards with respect to responsibility provided such standards are not manifestly unreasonable. (3) Appropriate evidence of appointment or incumbency in subsection (1) means (a) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within sixty days before the date of presentation for transfer; or (b) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the issuer to be responsible or, in the absence of such a document or certificate, other

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evidence reasonably deemed by the issuer to be appropriate. The issuer may adopt standards with respect to such evidence provided such standards are not manifestly unreasonable. The issuer is not charged with notice of the contents of any document obtained pursuant to this paragraph (b) except to the extent that the contents relate directly to the appointment or incumbency. (4) The issuer may elect to require reasonable assurance beyond that specified in this section but if it does so and for a purpose other than that specified in subsection 3 (b) both requires and obtains a copy of a will, trust, indenture, articles of co-partnership, by-laws or other controlling instrument it is charged with notice of all matters contained therein affecting the transfer. 109A-8403. Limited Duty of Inquiry. (1) An issuer to whom a security is presented for registration is under a duty to inquire into adverse claims if (a) a written notification of an adverse claim is received at a time and in a manner which affords the issuer a reasonable opportunity to act on it prior to the issuance of a new, reissued or re-registered security and the notification identifies the claimant, the registered owner and the issue of which the security is a part and provides an address for communications directed to the claimant; or (b) the issuer is charged with notice of an adverse claim from a controlling instrument which is has elected to require under subsection (4) of 109A-8402. (2) The issuer may discharge any duty of inquiry by any reasonable means, including notifying an adverse claimant by registered or certified mail at the address furnished by him or if there be no such address at his residence or regular place of business that the security has been presented for registration of transfer by a named person, and that the transfer will be registered unless within thirty days from the date of mailing the notification, either

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(a) an appropriate restraining order, injunction or other process issues from a court of competent jurisdiction; or (b) an indemnity bond sufficient in the issuer's judgment to protect the issuer and any transfer agent, registrar or other agent of the issuer involved, from any loss which it or they may suffer by complying with the adverse claim if filed with the issuer. (3) Unless an issuer is charged with notice of an adverse claim from a controlling instrument which it has elected to require under subsection (4) of 109A-8402 or receives notification of an adverse claim under subsection (1) of this section, where a security presented for registration is indorsed by the appropriate person or persons the issuer is under no duty to inquire into adverse claims. In particular (a) an issuer registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship and thereafter the issuer may assume without inquiry that the newly registered owner continues to be the fiduciary until the issuer receives written notice that the fiduciary is no longer acting as such with respect to the particular security; (b) an issuer registering transfer on an indorsement by a fiduciary is not bound to inquire whether the transfer is made in compliance with a controlling instrument or with the law of the state having jurisdiction of the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and (c) the issuer is not charged with notice of the contents of any court record or file or other recorded or unrecorded document even though the document is in its possession and even though the transfer is made on the indorsement of a fiduciary to the fiduciary himself or to his nominee.

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109A-8404. Liability and Non-Liability for Registration. (1) Except as otherwise provided in any law relating to the collection of taxes, the issuer is not liable to the owner or any other person suffering loss as a result of the registration of a transfer of a security if (a) there were on or with the security the necessary indorsements (109A-8308); and (b) the issuer had no duty to inquire into adverse claims or has discharged any such duty (109A-8403). (2) Where an issuer has registered a transfer of a security to a person not entitled to it the issuer on demand must deliver a like security to the true owner unless (a) the registration was pursuant to subsection (1); or (b) the owner is precluded from asserting any claim for registering the transfer under subsection (1) of the following section; or (c) such delivery would result in overissue, in which case the issuer's liability is governed by 109A-8104. 109A-8405. Lost, Destroyed and Stolen Securities. (1) Where a security has been lost, apparently destroyed or wrongfully taken and the owner fails to notify the issuer of that fact within a reasonable time after he has notice of it and the issuer registers a transfer of the security before receiving such a notification, the owner is precluded from asserting against the issuer any claim for registering the transfer under the preceding section or any claim to a new security under this section. (2) Where the owner of a security claims that the security has been lost, destroyed or wrongfully taken, the issuer must issue a new security in place of the original security if the owner

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(a) so requests before the issuer has notice that the security has been acquired by a bona fide purchaser; and (b) files with the issuer a sufficient indemnity bond; and (c) satisfies any other reasonable requirements imposed by the issuer. (3) If, after the issue of the new security, a bona fide purchaser of the original security presents it for registration of transfer, the issuer must register the transfer unless registration would result in overissue, in which event the issuer's liability is governed by 109A-8104. In addition to any rights on the indemnity bond, the issuer may recover the new security from the person to whom it was issued or any person taking under him except a bona fide purchaser. 109A-8406. Duty of Authenticating Trustee, Transfer Agent or Registrar. (1) Where a person acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities (a) he is under a duty to the issuer to exercise good faith and due diligence in performing his functions; and (b) he has with regard to the particular functions he performs the same obligation to the holder or owner of the security and has the same rights and privileges as the issuer has in regard to those functions. (2) Notice to an authenticating trustee, transfer agent, registrar or other such agent is notice to the issuer with respect to the functions performed by the agent.

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CHAPTER 109A-9 ARTICLE 9 SECURED TRANSACTIONS; SALES OF ACCOUNTS, CONTRACT RIGHTS AND CHATTEL PAPER PART 1 SHORT TITLE, APPLICABILITY AND DEFINITIONS 109A-9101. Short Title 109A-9102. Policy and Scope of Article 109A-9103. Accounts, Contract Rights, General Intangibles and Equipment Relating to Another Jurisdiction; and Incoming Goods Already Subject to a Security Interest 109A-9104. Transactions Excluded From Article 109A-9105. Definitions and Index of Definitions 109A-9106. Definitions: Account; Contract Right; General Intangibles 109A-9107. Definitions: Purchase Money Security Interest 109A-9108. When After - Acquired Collateral Not Security for Antecedent Debt 109A-9109. Classification of Goods: Consumer Goods; Equipment; Farm Products; Inventory 109A-9110. Sufficiency of Description 109A-9111. Applicability of Bulk Transfer Laws 109A-9112. Where Collateral Is Not Owned by Debtor 109A-9113. Security Interests Arising Under Article on Sales

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109A-9101. Short Ttitle. This Article shall be known and may be cited as Uniform Commercial CodeSecured Transactions. 109A-9102. Policy and Scope of Article. (1) Except as otherwise provided in 109A-9103 on multiple state transactions and in 109A-9104 on excluded transactions, this Article applies so far as concerns any personal property and fixtures within the jurisdiction of this State (a) to any transaction (regardless of its form) which is intended to create a security interest in personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper, accounts or contract rights; and also (b) to any sale of accounts, contract rights or chattel paper. (2) This Article applies to security interests created by contract including pledge, assignment, chattel mortgage, bill of sale to secure debt, chattel trust, trust deed, factor's lien, equipment trust, conditional sale, trust receipt, other lien, conveyance of title, or title retention contract and lease or consignment intended as security. This Article does not apply to statutory liens except as provided in 109A-9310. (3) The application of this Article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this Article does not apply. 109A-9103. Accounts, Contract Rights, General Intangibles and Equipment Relating to Another Jurisdiction; and Incoming Goods Already Subject to a Security Interest. (1) If the office where the assignor of accounts or contract

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rights keeps his records concerning them is in this state, the validity and perfection of a security interest therein and the possibility and effect of proper filing is governed by this Article; otherwise by the law (including the conflict of laws rules) of the jurisdiction where such office is located. (2) If the chief place of business of a debtor is in this state, this Article governs the validity and perfection of a security interest and the possibility and effect of proper filing with regard to general intangibles or with regard to goods of a type which are normally used in more than one jurisdiction (such as automotive equipment, rolling stock, airplanes, road building equipment, commercial harvesting equipment, construction machinery and the like) if such goods are classified as equipment or classified as inventory by reason of their being leased by the debtor to others. Otherwise, the law (including the conflict of laws rules) of the jurisdiction where such chief place of business is located shall govern. If the chief place of business is located in a jurisdiction which does not provide for the perfection of the security interest by filing or recording in that jurisdiction, then the security interest may be perfected by filing in this state. (3) If personal property other than that governed by subsections (1) and (2) is already subject to a security interest when it is brought into this state, the validity of the security interest in this state is to be determined by the law (including the conflict of laws rules) of the jurisdiction where the property was when the security interest attached. However, if the parties to the transaction understood at the time that the security interest attached that the property would be kept in this state and it was brought into this state within 30 days after the security interest attached for purposes other than transportation through this state, then the validity of the security interest in this state is to be determined by the law of this state. If the security interest was already perfected under the law of the jurisdiction where the property was when the security interest attached and before being brought into this state, the security interest

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continues perfected in this state for four months and also thereafter if within the four month period it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four month period; in such case perfection dates from the time of perfection in this state. If the security interest was not perfected under the law of the jurisdiction where the property was when the security interest attached and before being brought into this state, it may be perfected in this state; in such case perfection dates from the time of perfection in this state. (4) Notwithstanding subsections (2) and (3), if personal property is covered by a certificate of title issued under a statute of this state or any other jurisdiction which requires indication on a certificate of title of any security interest in the property as a condition of perfection, then the perfection is governed by the law of the jurisdiction which issued the certificate. 109A-9104. Transactions Excluded From Article. This Article does not apply (a) to a security interest subject to any statute of the United States such as the Ship Mortgage Act, 1920, to the extent that such statute governs the rights of parties to and third parties affected by transactions in particular types of property; or (b) to a landlord's lien; or (c) to a lien given by statute or other rule of law for services or materials except as provided in 109A-9310 on priority of such liens; or (d) to a transfer of a claim for wages, salary or other compensation of an employee; or (e) to an equipment trust covering railway rolling stock or lease or conditional sale of railway rolling stock or equipment; or

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(f) to a sale of accounts, contract rights or chattel paper as part of a sale of the business out of which they arose, or an assignment of accounts, contract rights or chattel paper which is for the purpose of collection only, or a transfer of a contract right to an assignee who is also to do the performance under the contract; or (g) to a transfer of an interest or claim in or under any policy of insurance; or (h) to a right represented by a judgment; or (i) to any right of set-off; or (j) except to the extent that provision is made for fixtures in 109A-9313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder; or (k) to a transfer in whole or in part of any of the following; any claim arising out of tort; any deposit, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization. 109A-9105. Definitions and Index of Definitions. (1) In this Article unless the context otherwise requires: (a) Account debtor means the person who is obligated on an account, chattel paper, contract right or general intangible; (b) Chattel paper means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper; (c) Collateral means the property subject to a security

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interest, and includes accounts, contract rights and chattel paper which have been sold; (d) Debtor means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts, contract rights or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term debtor means the owner of the collateral in any provision of the Article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires; (e) Document means document of title as defined in the general definitions of Article 1 (109A-1201); (f) Goods includes all things which are movable at the time the security interest attaches or which are fixtures (109A-9313), but does not include money, documents, instruments, accounts, chattel paper, general intangibles, contract rights and other things in action. Goods also include the unborn young of animals and growing crops; (g) Instrument means a negotiable instrument (defined in 109A-3104), or a security (defined in 109A-8102) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment; (h) Security agreement means an agreement which creates or provides for a security interest; (i) Secured party means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts, contract rights or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the

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like are represented by a trustee or other person, the representative is the secured party. (2) Other definitions applying to this Article and the sections in which they appear are: Account. 109A-9106. Consumer goods. 109A-9109(1). Contract right. 109A-9106. Equipment. 109A-9109(2). Farm products. 109A-9109(3). General intangibles. 109A-9106. Inventory. 109A-9109(4). Lien creditor. 109A-9301(3). Proceeds. 109A-9306(1). Purchase money security interest. 109A-9107. (3) The following definitions in other Articles apply to this Article: Check. 109A-3104. Contract for sale. 109A-2106. Holder in due course. 109A-3302. Note. 109A-3104. Sale. 109A-2106. (4) In addition Article 1 contains general definitions

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and principles of construction and interpretation applicable throughout this Article. 109A-9106. Definitions: Account; Contract Right; General Intangibles. Account means any right to payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattle paper. Contract right means any right to payment under a contract not yet earned by performance and not evidenced by an instrument or chattel paper. General intangibles means any personal property (including things in action) other than goods, accounts, contract rights, chattel paper, documents and instruments. 109A-9107. Definitions: Purchase Money Security Interest. A security interest is a purchase money security interest to the extent that it is (a) taken or retained by the seller of the collateral to secure all or part of its price; or (b) taken by a person who by making advances or incurring an obligation gives value to enable the debot to acquire rights in or the use of collateral if such value is in fact so used. 109A-9108. When After-Acquired Collateral Not Security for Antecedent Debt. Where a secured party makes an advance, incurs an obligation, releases a perfected security interest, or otherwise gives new value which is to be secured in whole or in part by after-acquired property his security interest in the after-acquired collateral shall be deemed to be taken for new value and not as security for an antecedent debt if the debtor acquires his rights in such collateral either in the ordinary course of his business or under a contract of purchase

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made pursuant to the security agreement within a reasonable time after new value is given. 109A-9109. Classification of Goods; Consumer Goods; Equipment; Farm Products; Inventory. Goods are (1) consumer goods if they are used or bought for use primarily for personal, family or household purposes; (2) equipment if they are used or bought for use primarily in business (including farming or a profession) or by a debtor who is a non-profit organization or a governmental subdivision or agency or if the goods are not included in the definitions of inventory, farm products or consumer goods; (3) farm products if they are crops or livestock or supplies used or produced in farming operations or if they are products of crops or livestock in their unmanufactured states (such as ginned cotton, wool-clip, maple syrup, milk and eggs), and if they are in the possession of a debtor engaged in raising, fattening, grazing or other farming operations. If goods are farm products they are neither equipment nor inventory; (4) inventory if they are held by a person who holds them for sale or lease or to be furnished under contracts of service or if he has so furnished them, or if they are raw materials, work in process or materials used or consumed in a business. Inventory of a person is not to be classified as his equipment. 109A-9110. Sufficiency of Description. For the purposes of this Article any description of personal property or real estate is sufficient whether or not it is specific if it reasonably identifies what is described.

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109A-9111. Applicability of Bulk Transfer Laws. The creation of a security interest is not a bulk transfer under Article 6 (see 109A-6103). 109A-2112. Where Collateral Is Not Owned by Debtor. Unless otherwise agreed, when a secured party knows that collateral is owned by a person who is not the debtor, the owner of the collateral is entitled to receive from the secured party any surplus under 109A-9502(2) or under 109A-9504(1), and is not liable for the debt or for any deficiency after resale, and he has the same right as the debtor (a) to receive statements under 109A-9208; (b) to receive notice of and to object to a secured party's proposal to retain the collateral in satisfaction of the indebtedness under 109A-9505; (c) to redeem the collateral under 109A-9506; (d) to obtain injunctive or other relief under 109A-9507 (1); and (e) to recover losses caused to him under 109A-9208 (2). 109A-9113. Security Interests Arising Under Article on Sales. A security interest arising solely under the Article on Sales (Article 2) is subject to the provisions of this Article except that to the extent that and so long as the debtor does not have or does not lawfully obtain possession of the goods (a) no security agreement is necessary to make the security interest enforceable; and (b) no filing is required to perfect the security interest; and

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(c) the rights of the security party on default by the debtor are governed by the Article on Sales (Article 2). PART 2 VALIDITY OF SECURITY AGREEMENT AND RIGHTS OF PARTIES THERETO 109A-9201. General Validity of Security Agreement 109A-9202. Title to Collateral Immaterial 109A-9203. Enforceability of Security Interest; Proceeds, Formal Requisites 109A-9204. When Security Interest Attaches; After-Acquired Property; Future Advances 109A-9205. Use or Disposition of Collateral Without Accounting Permissible 109A-9206. Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties Where Security Agreement Exists 109A-9207. Rights and Duties When Collateral Is in Secured Party's Possession 109A-9208. Request for Statement of Account or List of Collateral 109A-9201. General Validity of Security Agreement. Except as otherwise provided by this Act a security agreement is effective according to its terms between the parties, against purchasers of the collateral and against creditors, and shall be prior to all claims other than for ad valorem taxes asserted under Georgia Code Section 113-1508 as amended. Nothing in this Article validates any charge or practice illegal under any statute or regulation thereunder governing usury, small loans, retail installment sales, or the like, or extends the application of any such statute or regulation to any transaction not otherwise subject thereto.

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109A-9202. Title to Collateral Immaterial. Each provision of this Article with regard to rights, obligations and remedies applies whether title to collateral is in the secured party or in the debtor. 109A-9203. Enforceability of Security Interest; Proceeds, Formal Requisites. (1) Subject to the provisions of 109A-4208 on the security interest of a collecting bank and 109A-9113 on a security interest arising under the Article on Sales, a security interest is not enforceable against the debtor or third parties unless (a) the collateral is in the possession of the secured party; or (b) the debtor has signed a security agreement which contains a description of the collateral and in addition, when the security interest covers crops or oil, gas or minerals to be extracted or timber to be cut, a description of the land concerned. In describing collateral, the word proceeds is sufficient without further description to cover proceeds of any character. (2) A transaction, although subject to this Article, is also subject to Ga. Code Chapter 25-3, and Ga. Code Title 57, interest and usury, and in the case of conflict between the provisions of this Article and any such statute, the provisions of such statute control. Failure to comply with any applicable statute has only the effect which is specified therein. 109A-9204. When Security Interest Attaches; After-Acquired Property; Future Advances. (1) A security interest cannot attach until there is agreement (subsection (3) of 109A-1201) that it attach and value is given and the debtor has rights in the collateral. It attaches as soon as all of the events in the preceding

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sentence have taken place unless explicit agreement postpones the time of attaching. (2) For the purposes of this section the debtor has no rights (a) in crops until they are planted or otherwise become growing crops, in the young of livestock until they are conceived; (b) in fish until caught, in oil, gas or minerals until they are extracted, in timber until it is cut; (c) in a contract right until the contract has been made; (d) in an account until it comes into existence. (3) Except as provided in subsection (4) a security agreement may provide that collateral, whenever acquired, shall secure all obligations covered by the security agreement. (4) No security interest attaches under an after-acquired property clause (a) to crops which become such more than one year after the security agreement is executed except that a security interest in crops which is given in conjunction with a lease or a land purchase or improvement transaction evidenced by a contract, mortgage, security deed, or deed of trust may if so agreed attach to crops to be grown on the land concerned during the period of such real estate transaction; (b) to consumer goods other than accessions (109A-9314) when given as additional security unless the debtor acquires rights in them within ten days after the secured party gives value. (5) Obligations covered by a security agreement may include future advances or other value whether or not the advances or value are given pursuant to commitment.

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109A-9205. Use or Disposition of Collateral Without Accounting Permissible. A security interest is not invalid or fraudulent against creditors by reason of liberty in the debtor to use, commingle or dispose of all or part of the collateral (including returned or repossessed goods) or to collect or compromise accounts, contract rights or chattel paper, or to accept the return of goods or make repossessions, or to use, commingle or dispose of proceeds, or by reason of the failure of the secured party to require the debtor to account for proceeds or replace collateral. This section does not relax the requirements of possession where perfection of a security interest depends upon possession of the collateral by the secured party or by a bailee. 109A9206. Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties where Security Agreement Exists. (1) Subject to any statute or decision which establishes a different rule for buyers of consumer goods, an agreement by a buyer that he will not assert against an assignee any claim or defense which he may have against the seller is enforceable by an assignee who takes his assignment for value, in good faith and without notice of a claim or defense, except as to defenses of a type which may be asserted against a holder in due course of a negotiable instrument under the Article on Commercial Paper (Article 3). A buyer who as part of one transaction signs both a negotiable instrument and a security agreement makes such an agreement. (2) When a sellers retains a purchase money security interest in goods the Article on Sales (Article 2) governs the sale and any disclaimer, limitation or modification of the seller's warranties. 109A-9207. Rights and Duties When Collateral Is in Secured Party's Possession. (1) A secured party must use reasonable care in the

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custody and preservation of collateral in his possession. In the case of an instrument or chattel paper reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed. (2) Unless otherwise agreed, when collateral is in the secured party's possession. (a) reasonable expenses (including the cost of any insurance and payment of taxes or other charges) incurred in the custody, preservation, use or operation of the collateral are chargeable to the debtor and are secured by the collateral; (b) the risk of accidental loss or damage is on the debtor to the extent of any deficiency in any effective insurance coverage; (c) the secured party may hold as additional security any increase or profits (except money) received from the collateral, but money so received, unless remitted to the debtor, shall be applied in reduction of the secured obligation; (d) the secured party must keep the collateral identifiable but fungible collateral may be commingled; (e) the secured party may repledge the collateral upon terms which do not impair the debtor's right to redeem it. (3) A secured party is liable for any loss caused by his failure to meet any obligation imposed by the preceding subsections but does not lose his security interest. (4) A secured party may use or operate the collateral for the purpose of preserving the collateral or its value or pursuant to the order of a court of appropriate jurisdiction or, except in the case of consumer goods, in the manner and to the extent provided in the security agreement.

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109A-9208. Request for Statement of Account or List of Collateral. (1) A debtor may sign a statement indicating what he believes to be the aggregate amount of unpaid indebtedness as of a specified date and may send it to the secured party with a request that the statement be approved or corrected and returned to the debtor. When the security agreement or any other record kept by the secured party identifies the collateral a debtor may similarly request the secured party to approve or correct a list of the collateral. (2) The secured party must comply with such a request within two weeks after receipt by sending a written correction or approval. If the secured party claims a security interest in all of a particular type of collateral owned by the debtor he may indicate that fact in his reply and need not approve or correct an itemized list of such collateral. If the secured party without reasonable excuse fails to comply he is liable for any loss caused to the debtor thereby; and if the debtor has properly included in his request a good faith statement of the obligation or a list of the collateral or both the secured party may claim a security interest only as shown in the statement against persons misled by his failure to comply. If he no longer has an interest in the obligation or collateral at the time the request is received he must disclose the name and address of any successor in interest known to him and he is liable for any loss caused to the debtor as a result of failure to disclose. A successor in interest is not subject to this section until a request is received by him. (3) A debtor is entitled to such a statement once every six months without charge. The secured party may require payment of a charge not exceeding $10 for each additional statement furnished.

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PART 3 RIGHTS OF THIRD PARTIES; PERFECTED AND UNPERFECTED SECURITY INTERESTS; RULES OF PRIORITY 109A-9301. Persons Who Take Priority Over Unperfected Security Interests; Lien Creditor 109A-9302. When Filing Is Required to Perfect Security Interest; Security Interests to Which Filing Provisions of This Article Do Not Apply 109A-9303. When Security Interest Is Perfected; Continuity of Perfection 109A-9304. Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession 109A-9305. When Possession by Secured Party Perfects Security Interest Without Filing 109A-9306. Proceeds; Secured Party's Rights on Disposition of Collateral 109A-9307. Protection of Buyers of Goods 109A-9308. Purchase of Chattel Paper and Non-Negotiable Instruments 109A-9309. Protection of Purchasers of Instruments and Documents 109A-9310. Priority of Certain Liens Arising by Operation of Law 109A-9311. Alienability of Debtor's Rights: Judicial Process 109A-9312. Priorities Among Conflicting Security Interests in the Same Collateral 109A-9313. Priority of Security Interests in Fixtures 109A-9314. Accessions 109A-9315. Priority When Goods Are Commingled or Processed

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109A-9316. Priority Subject to Subordination 109A-9317. Secured Party Not Obligated on Contract of Debtor 109A-9318. Defenses Against Assignee; Modification of Contract After Notification of Assignment; Term Prohibiting Assignment Ineffective; Identification and Proof of Assignment 109A-9301. Persons Who Take Priority Over Unperfected Security Interests; Lien Creditor. (1) Except as otherwise provided in subsection (2), an unperfected security interest is subordinate to the rights of (a) persons entitled to priority under 109A-9312; (b) a person who becomes a lien creditor without knowledge of the security interests and before it is perfected; (c) in the case of goods, instruments, documents, and chattel paper, a person who is not a secured party and who is a transferee in bulk or other buyer not in ordinary course of business to the extent that he gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected; (d) in the case of accounts, contract rights, and general intangibles, a person who is not a secured party and who is a transferee to the extent that he gives value without knowledge of the security interest and before it is perfected. (2) If the secured party files with respect to a purchase money security interest before or within ten days after the collateral comes into possession of the debtor, he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing.

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(3) A lien creditor means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of filing of the petition or a receiver in equity from the time of appointment. Unless all the creditors represented had knowledge of the security interests such a representative of creditors is a lien creditor without knowledge even though he personally has knowledge of the security interest. 109A-9302. When Filing Is Required to Perfect Security Interest; Security Interests to Which Filing Provisions of This Article Do Not Apply. (1) A financing statement must be filed to perfect all security interests except the following: (a) a security interest in collateral in possession of the secured party under 109A-9305; (b) a security interest temporarily perfected in instruments or documents without delivery under 109A-9304 or in proceeds for a 10 day period under 109A-9306; (c) a purchase money security interest in farm equipment having a purchase price not in excess of $2500; but filing is required for a fixture under 109A-9313 or for a motor vehicle required to be licensed; (d) a purchase money security interest in consumer goods; but filing is required for a fixture under 109A-9313 or for a motor vehicle required to be licensed; (e) an assignment of accounts or contract rights which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts or contract rights of the assignor; (f) a security interest of a collecting bank (109A-4208)

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or arising under the Article on Sales (see 109A-9113) or covered in subsection (3) of this section. (2) If a secured party assigns a perfected security interest, no filing under this Article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor. (3) The filing provisions of this Article do not apply to a security interest in property subject to a statue (a) of the United States which provides for a national registration or filing of all security interests in such property; or (b) of this state which provides for central filing of, or which requires indication on a certificate of title of, such security interests in such property. (4) A security interest in property covered by a statute described in subsection (3) can be perfected only by registration or filing under that statute or by indication of the security interest on a certificate of title, or a duplicate thereof, by a public official. 109A-9303. When Security Interest Is Perfected; Continuity of Perfection. (1) A security interest is perfected when it has attached and when all of the applicable steps required for perfection have been taken. Such steps are specified in 109A-9302, 9304, 9305 and 9306. If such steps are taken before the security interest attaches, it is perfected at the time when it attaches. (2) If a security interest is originally perfected in any way permitted under this Article and is subsequently perfected in some other way under this Article, without an intermediate period when it was unperfected, the security interest shall be deemed to be perfected continuously for the purposes of this Article.

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109A-9304. Perfection of Security Interest in Instruments, Documents, and Goods Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession. (1) A security interest in chattel paper or negotiable documents may be perfected by filing. A security interest in instruments (other than instruments which constitute part of chattel paper) can be perfected only by the secured party's taking possession, except as provided in subsections (4) and (5). (2) During the period that goods are in the possession of the issuer of a negotiable document therefor, a security interest in the goods is perfected by perfecting a security interest in the document, and any security interest in the goods otherwise perfected during such period is subject thereto. (3) A security interest in goods in the possession of a bailee other than one who has issued a negotiable document therefor is perfected by issuance of a document in the name of the secured party or by the bailee's receipt of notification of the secured party's interest or by filing as to the goods. (4) A security interest in instruments or negotiable documents is perfected without filing or the taking of possession for a period of 21 days from the time it attaches to the extent that it arises for new value given under a written security agreement. (5) A security interest remains perfected for a period of 21 days without filing where a secured party having a perfected security interest in an instrument, a negotiable document or goods in possession of a bailee other than one who has issued a negotiable document therefor (a) makes available to the debtor the goods or documents representing the goods for the purpose of ultimate

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sale or exchange or for the purpose of loading, unloading, storing, shipping, transshipping, manufacturing, processing or otherwise dealing with them in a manner preliminary to ther sale or exchange; or (b) delivers the instrument to the debtor for the purpose of ultimate sale or exchange or of presentation, collection, renewal or registration of transfer. (6) After the 21 day period in subsections (4) and (5) perfection depends upon compliance with applicable provisions of this Article. 109A-9305. When Possession by Secured Party Perfects Security Interest Without Filing. A security interest in letters of credit and advices of credit (subsection (2) (a) of 109A-5116), goods, instruments, negotiable documents or chattel paper may be perfected by the secured party's taking possession of the collateral. If such collateral other than goods covered by a negotiable document is held by a bailee, the secured party is deemed to have possession from the time the bailee receives notification of the secured party's interest. A security interest is perfected by possession from the time possession is taken without relation back and continues only so long as possession is retained, unless otherwise specified in this Article. The security interest may be otherwise perfected as provided in this Article before or after the period of possession by the secured party. 109A-9306. Proceeds; Secured Party's Rights on Disposition of Collateral. (1) Proceeds includes whatever is received when collateral or proceeds is sold, exchanged, collected or otherwise disposed of. The term also includes the account arising when the right to payment is earned under a contract right. Money, checks and the like are cash proceeds. All other proceeds are non-cash proceeds.

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(2) Except where this Article otherwise provides, a security interest continues in collateral notwithstanding sale, exchange or other disposition thereof by the debtor unless his action was authorized by the secured party in the security agreement or otherwise, and also continues in any identifiable proceeds including collections received by the debtor. (3) The security interest in proceeds is a continuously perfected security interest if the interest in the original collateral was perfected but it ceases to be a perfected security interest and becomes unperfected ten days after receipt of the proceeds by the debtor unless (a) a filed financing statement covering the original collateral also covers proceeds; or (b) the security interest in the proceeds is perfected before the expiration of the ten day period. (4) In the event of insolvency proceedings instituted by or against a debtor, a secured party with a perfected security interest in proceeds has a perfected security interest (a) in identifiable non-cash proceeds; (b) in identifiable cash proceeds in the form of money which is not commingled with other money or deposited in a bank account prior to the insolvency proceedings; (c) in identifiable cash proceeds in the form of checks and the like which are not deposited in a bank account prior to the insolvency proceedings; and (d) in all cash and bank accounts of the debtor, if other cash proceeds have been commingled or deposited in a bank account, but the perfected security interest under this paragraph (d) is (i) subject to any right of set-off; and (ii) limited to an amount not greater than the amount

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of any cash proceeds received by the debtor within ten days before the institution of the insolvency proceedings and commingled or deposited in a bank account prior to the insolvency proceedings less the amount of cash proceeds received by the debtor and paid over to the secured party during the ten day period. (5) If a sale of goods results in an account or chattel paper which is transferred by the seller to a secured party, and if the goods are returned to or are respossessed by the seller or the secured party, the following rules determine priorities: (a) If the goods were collateral at the time of sale for an indebtedness of the seller which is still unpaid, the original security interest attaches again to the goods and continues as a perfected security interest if it was perfected at the time when the goods were sold. If the security interest was originally perfected by a filing which is still effective, nothing further is required to continue the perfected status, in any other case, the secured party must take possession of the returned or repossessed goods or must file. (b) An unpaid transferee of the chattel paper has a security interest in the goods against the transferor. Such security interest is prior to a security interest asserted under paragraph (a) to the extent that the transferee of the chattel paper was entitled to priority under 109A-9308. (c) An unpaid transferee of the account has a security interest in the goods against the transferor. Such security interest is subordinate to a security interest asserted under paragraph (a). (d) A security interest of an unpaid transferee asserted under paragraph (b) or (c) must be perfected for protection against creditors of the transferor and purchasers of the returned or repossessed goods.

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109A-9307. Protection of Buyers of Goods. (1) A buyer in ordinary course of business (subsection (9) of 109A-1201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interested is perfected and even though the buyer knows of its existence. (2) In the case of consumer goods and in the case of farm equipment having an original purchase price not in excess of $2500 (other than fixtures, see 109A-9313), a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes or his own farming operations unless prior to the purchase the secured party has filed a financial statement covering such goods. 109A-9308. Purchase of Chattel Paper and Non-Negotiable Instruments. A purchaser of chattel paper or a non-negotiable instrument who gives new value and takes possession of it in the ordinary course of his business and without knowledge that the specific paper or instrument is subject to a security interest has priority over a security interest which is perfected under 109A-9304 (permissive filing and temporary perfection). A purchaser of chattel paper who gives new value and takes possession of it in the ordinary course of his business has priority over a security interest in chattel paper which is claimed merely as proceeds of inventory subject to a security interest (109A-9306), even though he knows that the specific paper is subject to the security interest. 109A-9309. Protection of Purchasers of Instruments and Documents. Nothing in this Article limits the rights of a holder in due course of a negotiable instrument (109A-3302) or a

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holder to whom a negotiable document of title has been duly negotiated (109A-7501) or a bona fide purchaser of a security (109A-8301) and such holders or purchasers take priority over an earlier security interest even though perfected. Filing under this Article does not constitute notice of the security interest to such holders or purchasers. 109A-9310. Priority of Certain Liens Arising by Operation of Law. When a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a security interest, a lien upon goods in the possession of such person given by statute or rule of law for such materials or services takes priority over a perfected security interest only if the lien is statutory and the statute expressly provides for such priority by specific reference to ths section. 109A-9311. Alienability of Debtor's Rights: Judicial Process. The debtor's rights in collateral may be voluntarily or involuntarily transferred (by way of sale, creation of a security interest, attachment, levy, garnishment or other judicial process) notwithstanding a provision in the security agreement prohibiting any transfer or making the transfer constitute a default. 109A-9312. Priorities Among Conflicting Security Interests in the Same Collateral. (1) The rules of priority stated in the following sections shall govern where applicable: 109A-4208 with respect to the security interest of collecting banks in items being collected, accompanying documents and proceeds; 109A-9301 on certain priorities; 109A-9304 on goods covered by documents; 109A-9306 on proceeds and repossessions; 109A-9307 on buyers of goods; 109A-9308 on possessory against non-possessory interests in chattel paper or non-negotiable instruments; 109A-9309 on security interests

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in negotiable instruments, documents or securities; 109A-9310 on priorities between perfected security interests and liens by operation of law; 109A-9313 on security interests in fixtures as against interests in real estate; 109A-9314 on security interests in accessions as against interest in goods; 109A-9315 on conflicting security interests where goods lose their identity or become part of a product; and 109A-9316 on contractual subordination. (2) A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations due more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest. (3) A purchase money security interest in inventory collateral has priority over a conflicting security interest in the same collateral if (a) the purchase money security interest is perfected at the time the debtor receives possession of the collateral; and (b) any secured party whose security interest is known to the holder of the purchase money security interest or who, prior to the date of the filing made by the holder of the purchase money security interest, had filed a financing statement covering the same items or type of inventory, has received notification of the purchase money security interest before the debtor receives possession of the collateral covered by the purchase money security interest; and (c) such notification states that the person giving the notice has or expects to acquire a purchase money security interest in inventory of the debtor, describing such inventory by item or type.

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(4) A purchase money security interest in collateral other than inventory has priority over a conflicting security interest in the same collateral if the purchase money security interest is perfected at the time the debtor receives possession of the collateral or within ten days thereafter. (5) In all cases not governed by other rules stated in this section (including cases of purchase money security interests which do not qualify for the special priorities set forth in subsections (3) and (4) of this section), priority between conflicting security interests in the same collateral shall be determined as follows: (a) in the order of filing if both are perfected by filing, regardless of which security interest attached first under 109A-9204(1) and whether it attached before or after filing; (b) in the order of perfection unless both are perfected by filing, regardless of which security interest attached first under 109A-9204(1) and, in the case of a filed security interest, whether it attached before or after filing; and (c) in the order of attachment under 109A-9204(1) so long as neither is perfected. (6) For the purpose of the priority rules of the immediately preceding subsection, a continuously perfected security interest shall be treated at all times as if perfected by filing if it was originally so perfected and it shall be treated at all times as if perfected otherwise than by filing if it was originally perfected otherwise than by filing. 109A-9313. Priority of Security Interests in Fixtures. (1) The rules of this section do not apply to goods incorporated into a structure in the manner of lumber, bricks, tile, cement, glass, metal work and the like and no security interest in them exists under this Article unless the structure remains personal property under applicable law. The

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law of this state other than this Act determines whether and when other goods becomes fixtures. This Act does not prevent creation of an encumbrance upon fixtures or real estate pursuant to the law applicable to real estate. (2) A security interest which attaches to goods before they become fixtures takes priority as to the goods over the claims of all persons who have an interest in the real estate except as stated in subsection (4). (3) A security interest which attaches to goods after they become fixtures is valid against all persons subsequently acquiring interests in the real estate except as stated in subsection (4) but is invalid against any person with an interest in the real estate at the time the security interest attaches to the goods who has not in writing consented to the security interest or disclaimed an interest in the goods as fixtures. (4) The security interests described in subsections (2) and (3) do not take priority over (a) a subsequent purchaser for value of any interest in the real estate; or (b) a creditor with a lien on the real estate subsequently obtained by judicial proceedings; or (c) a creditor with a prior encumbrance of record on the real estate to the extent that he makes subsequent advances if the subsequent purchase is made, the lien by judicial proceedings is obtained, or the subsequent advance under the prior encumbrance is made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the real estate at a foreclosure sale other than an encumbrancer purchasing at his own foreclosure sale is a subsequent purchaser within this section. (5) When under subsections (2) or (3) and (4) a secured

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party has priority over the claims of all persons who have interests in the real estate, he may, on default, subject to the provisions of Part 5, remove his collateral from the real estate but he must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. 109A-9314. Accessions. (1) A security interest in goods which attaches before they are installed in or affixed to other goods takes priority as to the goods installed or affixed (called in this section accessions) over the claims of all persons to the whole except as stated in subsection (3) and subject to 109A-9315(1). (2) A security interest which attaches to goods after they become part of a whole is valid against all persons subsequently acquiring interests in the whole except as stated in subsection (3) but is invalid against any person with an interest in the whole at the time the security interest attaches to the goods who has not in writing consented to the security interest or disclaimed an interest in the goods as part of the whole. (3) The security interests described in subsections (1) and (2) do not take priority over (a) a subsequent purchaser for value of any interest in the whole; or (b) a creditor with a lien on the whole subsequently obtained by judicial proceedings; or (c) a creditor with a prior perfected security interest in the whole to the extent that he makes subsequent advances

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if the subsequent purchase is made, the lien by judicial proceedings obtained or the subsequent advance under the prior perfected security interest is made or contracted for without knowledge of the security interest and before it is perfected. A purchaser of the whole at a foreclosure sale other than the holder of a perfected security interest purchasing at his own foreclosure sale is a subsequent purchaser within this section. (4) When under subsections (1) or (2) and (3) a secured party has an interest in accessions which has priority over the claims of all persons who have interests in the whole, he may on default subject to the provisions of Part 5 remove his collateral from the whole but he must reimburse any encumbrancer or owner of the whole who is not the debtor and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate security for the performance of this obligation. 109A-9315. Priority When Goods Are Commingled or Processed. (1) If a security interest in goods was perfected and subsequently the goods or a part thereof have become part of a product or mass, the security interest continues in the product or mass if (a) the goods are so manufactured, processed, assembled or commingled that their identity is lost in the product or mass; or (b) a financing statement covering the original goods also cover the product into which the goods have been manufactured, processed or assembled. In a case to which paragraph (b) applies, no separate security interest in that part of the original goods which

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have been manufactured, processed, or assembled into the product may be claimed under 109A-9314. (2) When under subsection (1) more than one security interest attaches to the product or mass, they rank equally according to the ratio that the cost of the goods to which each interest originally attached bears to the cost of the total product or mass. 109A-9316. Priority Subject to Subordination. Nothing in this Article prevents subordination by agreement by any person entitled to priority. 109-A317. Secured Party Not Obligated on Contract of Debtor. The mere existence of a security interest or authority given to the debtor to dispose of or use collateral does not impose contract or tort liability upon the secured party for the debtor's acts or omissions. 109A-9318. Defenses Against Assignee; Modification of Contract After Notification of Assignment; Term Prohibiting Assignment Ineffective; Identification and Proof of Assignment. (1) Unless an account debtor has made an enforceable agreement not to assert defenses or claims arising out of a sale as provided in 109A-9206 the rights of an assignee are subject to (a) all the terms of the contract between the account debtor and assignor and any defense or claim arising therefrom; and (b) any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives notification of the assignment.

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(2) So far as the right to payment under an assigned contract right has not already become an account, and notwithstanding notification of the assignment, any modification of or substitution for the contract made in good faith and in accordance with reasonable commercial standards is effective against an assignee unless the account debtor has otherwise agreed but the assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that such modification or substitution is a breach by the assignor. (3) The account debtor is authorized to pay the assignor until the account debtor receives notification that the account has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the account debtor, the assignee must seasonably furnish reasonable proof that the assignment has been made and unless he does so the account debtor may pay the assignor. (4) A term in any contract between an account debtor and an assignor which prohibits assignment of an account or contract right to which they are parties is ineffective. PART 4 FILING 109A-9401. Place of Filing; Erroneous Filing; Removal of Collateral 109A-9402. Formal Requisites of Financing Statement; Amendments 109A-9403. What Constitutes Filing; Duration of Filing; Effect of Lapsed Filing; Duties of Filing Officer 109A-9404. Termination Statement 109A-9405. Assignment of Security Interest; Duties of Filing Officer; Fees 109A-9406. Release of Collateral; Duties of Filing Officer; Fees 109A-9407. Information From Filing Officer

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109A-9401. Place of Filing; Erroneous Filing; Removal of Collateral. (1) The proper place to file in order to perfect a security interest is as follows: (a) when the collateral is goods which at the time the security interest attaches are or are to become fixtures, then in the office where a mortgage on the real estate concerned would be filed or recorded. (b) In all other cases in the office of the Clerk of the Superior Court as follows: When the debtor is a resident individual, then in the county where he resides; or when the debtor is a partnership, a corporation, other business entity not an individual, or is a nonresident individual, then in the county of the debtor's principal place of business in this State, but if he has no place of business in this State then in the county where the property is kept or used in this State. (2) A filing which is made in good faith in an improper place or not in all of the places required by this section is nevertheless effective with regard to any collateral as to which the filing complied with the requirements of this Article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement. (3) A filing which is made in the proper place in this state continues effective even though the debtor's residence or place of business or the location of the collateral or its use, whichever controlled the original filing, is thereafter changed. (4) If collateral is brought into this state from another jurisdiction, the rules stated in 109A-9103 determine whether filing is necessary in this state.

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109A-9402. Formal Requisites of Financing Statement; Amendments. (1) A financing statement is sufficient if it is signed by the debtor and the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor and contains a statement indicating the types, or describing the items, of collateral. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown or goods which are or are to become fixtures, the statement must also contain a description of the real estate concerned. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by both parties. (2) A financing statement which otherwise complies with subsection (1) is sufficient although it is signed only by the secured party when it is filed to perfect a security interest in (a) collateral already subject to a security interest in another jurisdiction when it is brought into this state. Such a financing statement must state that the collateral was brought into this state under such circumstances. (b) proceeds under 109A-9306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral. (3) A form substantially as follows is sufficient to comply with subsection (1): Name of debtor (or assignor)..... Address..... Name of secured party (or assignee)..... Address.....

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1. This financing statement covers the following types (or items) of property: (Describe)..... 2. (If collateral is crops) The above described crops are growing or are to be grown on: (Describe Real Estate)..... 3. (If collateral is goods which are or are to become fixtures) The above described goods are affixed or to be affixed to: (Describe Real Estate)..... 4. (If proceeds or products of collateral are claimed) ProceedsProducts of the collateral are also covered. Signature of Debtor (or Assignor)..... Signature of Secured Party (or Assignee)..... (4) The term financing statement as used in this Article means the original financing statement and any amendments but if any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. (5) A financing statement substantially complying with the requirements of this sections is effective even though it contains minor errors which are not seriously misleading. 109A-9403. What Constitutes Filing; Duration of Filing; Effect of Lapsed Filing; Duties of Filing Officer. (1) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this Article.

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(2) A filed financing statement which states a maturity date of the obligation secured of five years or less is effective until such maturity date and thereafter for a period of sixty days. Any other filed financing statement is effective for a period of five years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of such sixty day period after a stated maturity date or on the expiration of such five year period, as the case may be, unless a continuation statement is filed prior to the lapse. Upon such lapse the security interest becomes unperfected. (3) A continuation statement may be filed by the secured party (i) within six months before and sixty days after a stated maturity date of five years or less, and (ii) otherwise within six months prior to the expiration of the five year period specified in subsection (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for five years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in subsection (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it. (4) A filing officer shall mark each statement with a consecutive file number and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement. (5) The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement shall

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be fifty (50) cents, plus twenty (20) cents per 100 words, or fraction thereof. 109A-9404. Termination Statement. (1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor a statement that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must include or be accompanied by the assignment or a statement by the secured party of record that he has assigned the security interest to the signer of the termination statement. The uniform fee for filing and indexing such an assignment or statement thereof shall be twenty-five (25) cents. If the affected secured party fails to send such a termination statement within ten days after proper demand therefor he shall be liable to the debtor for one hundred dollars, and in addition for any loss caused to the debtor by such failure. (2) On presentation to the filing officer of such a termination statement he must note it in the index. The filing officer shall remove from the files, mark terminated and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto. (3) The uniform fee for filing and indexing a termination statement including sending or delivering the financing statement shall be fifty (50) cents. 109A-9405. Assignment of Security Interest; Duties of Filing Officer; Fees. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the statement by indication in the statement of the name and address of the assignee or by an assignment itself or a copy

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thereof on the face or back of the statement. Either the original secured party or the assignee may sign this statement as the secured party. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in 109A-9403(4). The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment shall be seventy-five (75) cents. (2) A secured party may assign of record all or a part of his rights under a financing statement by the filing of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement. The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment shall be seventy-five (75) cents. (3) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record. 109A-9406. Release of Collateral; Duties of Filing Officer; Fees. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. Upon presentation of such a statement to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of

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the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release shall be twenty-five (25) cents. 109A-9407. Information From Filing Officer. (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person. (2) Upon request of any person, the filing officer shall issue his certificate showing whether there is on file on the date and hour stated therein, any presently effective financing statement naming a particular debtor and any statement of assignment thereof and if there is, giving the date and hour of filing of each such statement and the names and addresses of each secured party therein. The uniform fee for such a certificate shall be fifty (50) cents, plus twenty-five (25) cents for each financing statement and for each statement of assignment reported therein. Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee of seventy-five (75) cents per page. PART 5 DEFAULT 109A-9501. Default; Procedure When Security Agreement Covers Both Real and Personal Property 109A-9502. Collection Rights of Secured Party 109A-9503. Secured Party's Right to Take Possession After Default 109A-9504. Secured Party's Right to Dispose of Collateral After Default; Effect of Disposition

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109A-9505. Compulsory Disposition of Collateral; Acceptance of the Collateral as Discharge of Obligation 109A-9506. Debtor's Right to Redeem Collateral 109A-9507. Secured Party's Liability for Failure to Comply With This Part 109A-9501. Default; Procedure When Security Agreement Covers Both Real and Personal Property. (1) When a debtor is in default under a security agreement, a secured party has the rights and remedies provided in this Part and except as limited by subsection (3) those provided in the security agreement. He may reduce his claim to judgment, foreclose or otherwise enforce the security interest by any available judicial procedure. If the collateral is documents the secured party may proceed either as to the documents or as to the goods covered thereby. A secured party in possession has the rights, remedies and duties provided in 109A-9207. The rights and remedies referred to in this subsection are cumulative. (2) After default, the debtor has the rights and remedies provided in this Part, those provided in the security agreement and those provided in 109A-9207. (3) To the extent that they give rights to the debtor and impose duties on the secured party, the rules stated in the subsections referred to below may not be waived or varied except as provided with respect to compulsory disposition of collateral (subsection (1) of 109A-9505) and with respect to redemption of collateral (109A-9506) but the parties may by agreement determine the standards by which the fulfillment of these rights and duties is to be measured if such standards are not manifestly unreasonable: (a) subsection (2) of 109A-9502 and subsection (2) of 109A-9504 insofar as they require accounting for surplus proceeds of collateral;

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(b) subsection (3) of 109A-9504 and subsection (1) of 109A-9505 which deal with disposition of collateral; (c) subsection (2) of 109A-9505 which deals with acceptance of collateral as discharge of obligation; (d) 109A-9506 which deals with redemption of collateral; and (e) subsection (1) of 109A-9507 which deals with the secured party's liability for failure to comply with this Part. (4) If the security agreement covers both real and personal property, the secured party may proceed under this Part as to the personal property or he may proceed as to both the real and the personal property in accordance with his rights and remedies in respect of the real property in which case the provisions of this part do not apply. (5) When a secured party has reduced his claim to judgment the lien of any levy which may be made upon his collateral by virtue of any execution based upon the judgment shall relate back to the date of the perfection of the security interest in such collateral. A judicial sale, pursuant to such execution, is a foreclosure of the security interest by judicial procedure within the meaning of this section, and the secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article. 109A-9502. Collection Rights of Secured Party. (1) When so agreed and in any event on default the secured party is entitled to notify an account debtor or the obligor on an instrument to make payment to him whether or not the assignor was theretofore making collections on the collateral, and also to take control of any proceeds to which he is entitled under 109A-9306. (2) A secured party who by agreement is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor and who undertakes to

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collect from the account debtors or obligors must proceed in a commercially reasonable manner and may deduct his reasonable expenses of realization from the collections. If the security agreement secures an indebtedness, the secured party must account to the debtor for any surplus, and unless otherwise agreed, the debtor is liable for any deficiency. But, if the underlying transaction was a sale of accounts, contract rights, or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. 109A-9503. Secured Party's Right to Take Possession After Default. Unless otherwise agreed a secured party has on default the right to take possession of the collateral. In taking possession a secured party may proceed without judicial process if this can be done without breach of the peace or may proceed by action. If the security agreement so provides the secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties. Without removal a secured party may render equipment unusable, and may dispose of collateral on the debtor's premises under 109A-9504. 109A-9504. Secured Party's Right to Dispose of Collateral After Default; Effect of Disposition. (1) A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing. Any sale of goods is subject to the Article on Sales (Article 2). The proceeds of disposition shall be applied in the order following to (a) the reasonable expenses of retaking, holding, preparing for sale, selling and the like and, to the extent provided for in the agreement and not prohibited by law, the reasonable attorneys' fees and legal expenses incurred by the secured party;

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(b) the satisfaction of indebtedness secured by the security interest under which the disposition is made; (c) the satisfaction of indebtedness secured by any subordinate security interest in the collateral if written notification of demand therefor is received before distribution of the proceeds is completed. If requested by the secured party, the holder of a subordinate security interest must seasonably furnish reasonable proof of his interest, and unless he does so, the secured party need not comply with his demand. (2) If the security interest secures an indebtedness, the secured party must account to the debtor for any surplus, and, unless otherwise agreed, the debtor is liable for any deficiency. But if the underlying transaction was a sale of accounts, contract rights, or chattel paper, the debtor is entitled to any surplus or is liable for any deficiency only if the security agreement so provides. (3) Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels and at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, reasonable notification of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the debtor, and except in the case of consumer goods to any other person who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in this state or who is known by the secured party to have a security interest in the collateral. The secured party may buy at any public sale and if the collateral is of a type customarily sold in a recognized market or is of a type which is the subject of widely distributed standard price quotations he may buy at private sale.

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(4) When collateral is disposed of by a secured party after default, the disposition transfers to a purchaser for value all of the debtor's rights therein, discharges the security interest under which it is made and any security interest or lien subordinate thereto. The purchaser takes free of all such rights and interests even though the secured party fails to comply with the requirements of this Part or of any judicial proceedings (a) in the case of a public sale, if the purchaser has no knowledge of any defects in the sale and if he does not buy in collusion with the secured party, other bidders or the person conducting the sale; or (b) in any other case, if the purchaser acts in good faith. (5) A person who is liable to a secured party under a guaranty, indorsement, repurchase agreement or the like and who receives a transfer of collateral from the secured party or is subrogated to his rights has thereafter the rights and duties of the secured party. Such a transfer of collateral is not a sale or disposition of the collateral under this Article. 109A-9505. Compulsory Disposition of Collateral; Acceptance of the Collateral as Discharge of Obligation. (1) If the debtor has paid sixty per cent of the cash price in the case of a purchase money security interest in consumer goods or sixty per cent of the loan in the case of another security interest in consumer goods, and has not signed after default a statement renouncing or modifying his rights under this Part a secured party who has taken possession of collateral must dispose of it under 109A-9504 and if he fails to do so within ninety days after he takes possession the debtor at his option may recover in conversion or under 109A-9507(1) on secured party's liability. (2) In any other case involving consumer goods or any other collateral a secured party in possession may, after default, propose to retain the collateral in satisfaction of the

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obligation. Written notice of such proposal shall be sent to the debtor and except in the case of consumer goods to any other secured party who has a security interest in the collateral and who has duly filed a financing statement indexed in the name of the debtor in this state or is known by the secured party in possession to have a security interest in it. If the debtor or other person entitled to receive notification objects in writing within thirty days from the receipt of the notification or if any other secured party objects in writing within thirty days after the secured party obtains possession the secured party must dispose of the collateral under 109A-9504. In the absence of such written objection the secured party may retain the collateral in satisfaction of the debtor's obligation. 109A-9506. Debtor's Right to Redeem Collateral. At any time before the secured party has disposed of collateral or entered into a contract for its disposition under 109A-9504 or before the obligation has been discharged under 109A-9505(2) the debtor or any other secured party may unless otherwise agreed in writing after default redeem the collateral by tendering fulfillment of all obligations secured by the collateral as well as the expenses reasonably incurred by the secured party in retaking, holding and preparing the collateral for disposition, in arranging for the sale, and to the extent provided in the agreement and not prohibited by law, his reasonable attorneys' fees and legal expenses. 109A-9507. Secured Party's Liability for Failure to Comply With This Part. (1) If it is established that the secured party is not proceeding in accordance with the provisions of this Part disposition may be ordered or restrained on appropriate terms and conditions. If the disposition has occurred the debtor or any person entitled to notification or whose security interest has been made known to the secured party prior to the disposition has a right to recover from the secured party any loss caused by a failure to comply with

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the provisions of this Part. If the collateral is consumer goods, the debtor has a right to recover in any event an amount not less than the credit service charge plus ten per cent of the principal amount of the debt or the time price differential plus ten per cent of the cash price. (2) The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the secured party is not of itself sufficient to establish that the sale was not made in a commercially resonable manner. If the secured party either sells the collateral in the usual manner in any recognized market therefor or if he sells at the price current in such market at the time of his sale or if he has otherwise sold in conformity with reasonable commercial practices among dealers in the type of property sold he has sold in a commercially reasonable manner. The principles stated in the two preceding sentences with respect to sales also apply as may be appropriate to other types of disposition. A disposition which has been approved in any judicial proceeding or by any bona fide creditors' committee or representative of creditors shall conclusively be deemed to be commercially reasonable, but this sentence does not indicate that any such approval must be obtained in any case nor does it indicate that any disposition not so approved is not commercially reasonable. ARTICLE 10 EFFECTIVE DATE AND REPEALER 109A-10101. Effective Date 109A-10102. Provision for Transition 109A-10103. Specific Repealer 109A-10104. General Repealer 109A-10105. Laws Not Repealed 109A-10106. Severability 109A-10101. Effective Date. This Act shall become effective at midnight on April 1,

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1963 following its enactment. It applies to transactions entered into and events occurring after that date. 109A-10102. Provision for Transition. Transactions validly entered into before the effective date specified in Section 109A-10101 and the rights, duties, and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this Act as though such repeal or amendment had not occurred. 109A-10103. Specific Repealer. The following laws and parts of laws are hereby repealed in whole, or in part, or modified, as indicated: Code Section 20209. Lex loci to govern capacity to contract; Code Section 102108. The first sentence of Code Section 102108. Lex loci governs, when(The validity, form, and effect of all writings or contracts are determined by the laws of the place where executed) is hereby repealed. When (such) writings or contracts are intended to have effect in this State, they must be executed in conformity to the laws of this State, excepting wills of personalty of persons domiciled in another State or Country. The word such in the second sentence is hereby deleted; Code Section 20704(3); Rules of Interpretation. Title 96 of the Code of Georgia of 1933, as amended, relating to Sales, Chapter 961, General Principles; Chapter 962, Fraud and duress; Chapter 963, Warranties; Chapter 964, Stoppage in transitu; The Act to amend Section 96205 of the Code of Georgia of 1933, approved February 16, 1943, Ga. Laws, 1943, pp. 400401;

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The Act to provide that the manufacturer of any new personal property sold either directly to the ultimate consumer or through some other person, shall be deemed to impart certain implied warranties to said customer, unless the contrary is expressly provided, approved March 13, 1957, Ga. Laws, 1957, p. 405; Title 18, Section 324 of the Code of 1933; Title 18, Section 325 of the Code of 1933, dealing with Stoppage in transitu, when right exists and effect; Title 20, Section 401(7) of the Code of 1933; Title 20, Section 1106 of the Code of 1933, dealing with obligations which must be in writing and tender of specific articles respectively; Title 14 of the Code of Georgia of 1933, as amended, relating to Negotiable Instruments Law, Chapter 141, General Provisions; Chapter 142, Form and Interpretation of Negotiable Instruments Generally; Chapter 143, Consideration; Chapter 144, Negotiation; Chapter 145, Rights of the Holder; Chapter 146, Liabilities of Parties; Chapter 147, Presentment for Payment; Chapter 148, Notice of Dishonor; Chapter 149, Discharge of Negotiable Instruments; Chapter 1410, Form and Interpretation of Bills of Exchange; Chapter 1411, Acceptance of Bills of Exchange; Chapter 1412, Presentment for Acceptance; Chapter 1413, Protest; Chapter 1414, Acceptance for Honor; Chapter 1415, Payment for Honor; Chapter 1416, Bills in a Set; Chapter 1417, Promisory Notes and Checks; The above being the act to declare and codify the law in regard to Negotiable Instruments; adopting Negotiable Instruments Law, Ga. Laws 1924, p. 126 through 165; adopted August 18, 1924; The Act of 1945 to amend the Negotiable Instruments Law and Section 14209 of the Georgia Code of 1933, approved March 8, 1945, Ga. Laws 1945, p. 256-7;

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Title 14, Section 510 of the Georgia Code Annotated which was Section 4286 of the Code of Georgia of 1910, but which was omitted by the Code of Georgia of 1933; Right of a bona fide holder for value; The Act of 1949 to amend Title 14 of the Code of Georgia, 1933, relating to bills and notes, and particularly Chapter 1417 of said Title, approved February 11, 1949, Ga. Laws, 1949, p. 5346; The following sections of Title 28 of the Code of Georgia of 1933, as amended, relating to Debtor and Creditor; Section 28203, Merchandise, how sold in bulk; Section 28204, Duty of purchaser; Section 28205, When fraud is presumed; Section 28206, What sales shall be deemed fradulent on a transfer in bulk; The following sections of Title 13 of the Code of Georgia of 1933, as amended, relating to Banks and Banking, Section 132034, Lien on bank's assets when checks are not remitted; Section 132035, Due diligence on part of bank in collecting; Section 132036, Forwarding check direct to payor; Section 132040, Check of deceased or bankrupt or insane depositor; Section 132044, Forged or raised checks; Section 13-2050, Stop-payment orders to be renewed; An act to amend Chapter 1320 of the Code of Georgia of 1933, approved March 8, 1945, Ga. Laws 1945, pp. 228, 229; An act to amend Title 14 of the Code of Georgia of 1933, approved February 11, 1949, Ga. Laws 1949, pp. 534 through 536; Title 3, Section 808 of the Code of Georgia of 1933, Nonsuit or dismissal, is hereby amended by adding the following proviso at the end thereof: Provided this section shall not apply to contracts for the sale of goods covered by Title 109A, Chapter 2; Title 3, Section 705, Simple contracts in writing, 706, Open

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accounts; breach of contract not under hand of party; implied assumpsit, and 711, Other actions ex contractu, of the Code of Georgia of 1933 are amended to add at the end of each: Provided this section shall not apply to actions for the breach of contracts for the sale of goods under Title 109A, Chapter 2; Title 20, Section 116 of the Code of Georgia of 1933, Mutual temporary disregard of contract, is amended by adding at the end thereof: Provided, this section shall not apply to situations governed by Code Section 109A-2209; Section 167, inclusive, of the Act of 1937-8, Ex. Sess., known as the Uniform Warehouse Receipts Law, approved February 16, 1938, Ga. Laws 1937-38, Ex. Sess., pp. 391 through 413; Section 12405, Warehouseman; diligence required; of the Code of Georgia of 1933, Sections 18404, Sale of Nonperishable goods; Section 18405Sale of perishable goods and live freight; Section 18406Proceeds of sale of goods carried; and Section 18407Carrier relieved from duties as to safe-keeping of freight, when; of the Code of Georgia of 1933; Section 14 of the Act to be known as the Georgia State Warehouse Act, approved December 22, 1953, Ga. Laws, 1953, Nov., Dec. Sess., p. 412, 421. An act to define shares of stock and certificates of stock, approved March 23, 1939 (Ga. L. 1939, pp. 384, et seq.); An act to provide for the simplification of fiduciary security transfers, approved March 17, 1960 (Ga. L. 1960, pp. 827 et seq.); Section 141801 Bonds, etc., negotiable; seal not required; of the Code of Georgia of 1933; The First sentence of Section 39123 Levy on stock; of the Code of Georgia of 1933;

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Section 39124 How corporate shares of stock sold; of the Code of Georgia of 1933; Section 8206 Manner of attaching shares of corporate stock; Section 8207 Sales of attached shares of corporate stock; Section 8208 Transfer of stock or interest in corporation after levy void; and Section 8209Officer selling stock or interest in corporation must give certificate; of the Code of Georgia of 1933; Section 241414 Bank and other stock, how levied upon; of the Code of Georgia of 1933; Section 22706 Transfer of stock; when complete; of the Code of Georgia of 1933; Section 94204 Stock deemed personalty; transferable how and when; of the Code of Georgia of 1933; Section 63211 Stock certificates established; petition and citation; Section 63212 Same; trial; order; decree; Section 63213 Same; judgment; record; writ of error; and Section 63214 Same; liability of corporation; of the Code of Georgia of 1933; Section 87108 Lost bonds or coupons; Section 87109 New bonds, obtained how; Section 87110 Bond and surety to be given; Section 87111 New bonds in lieu of those stolen; Section 87118 Registered bonds, how transferred; of the Code of Georgia of 1933; An act entitled Factors' Liens to create on the merchandise of borrowers a lien in favor of factors, approved February 22, 1957, Ga. Laws 1957, pp. 86 through 92; Sections 12601610, inclusive, respectively entitled; Definitions. Necessity of delivery; Property in goods pawned. Effect of death of party; Pledgee of notes as bona fide holder; Use of goods pawned; Diligence of pawnee; Increase; Necessary expenses; profits; Transfer of thing pawned; Sale by pawnee; Sale under execution; of Title 12 of the Code of Georgia of 1933;

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An Act to regulate the assignment of accounts receivable;... approved February 15, 1952, Ga. Laws 1952, pp. 225 through 229, except Section 9 thereof; Section 29405 Registrable instruments must be attested or acknowledged; of the Code of Georgia of 1933 is hereby amended to add at the end thereof: Provided this section shall not apply to transactions covered by Title 109A, Article 9, Uniform Commercial Code; Section 29409 If executed outside of this State; of the Code of Georgia of 1933, as amended by an Act to amend Section 29409 of the Code of Georgia of 1933, approved February 19, 1951, Ga. Laws 1951, pp. 261 through 263, is hereby amended to add at the end thereof: Provided this section shall not apply to transactions covered by Title 109A, Article 9, Uniform Commercial Code: Section 29413 Record of deeds and bills of sale to personalty; of the Code of Georgia of 1933 is hereby amended to add at the end thereof: Provided this section shall not apply to transactions covered by Title 109A, Article 9, Uniform Commercial Code; are hereby repealed in their entirety, or amended in the manner indicated, and the foregoing provisions of the Uniform Commercial Code, constituting Title 109A of the Code of Georgia, are substituted therefor. The provisions of the following chapters of the Georgia Code of 1933 as amended shall yield to and be superseded by any provision or provisions of this Act which conflict therewith: Chapter 67- 1Mortgages in General. General Principles. Chapter 67-11Mortgages and Bills of Sale Covering Crops. In General. Chapter 67-13Conveyances to Secure Debt. Chapter 67-14Conditional Sales.

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Notwithstanding anything to the contrary stated in any of the following chapters of the Georgia Code of 1933 as amended, the remedies provided by such chapters shall not restrict the remedies otherwise available to a secured party under this Act, but all such remedies shall be cumulatively available in accordance with their respective terms to a secured party under this Act: Chapter 67- 6.Foreclosure in Equity. Chapter 67- 7.Application to Foreclose. Chapter 67- 8.Defenses to Foreclosure of Mortgages on Personalty. Chapter 67- 9.Foreclosure of Mortgages on Personalty in Justices' Courts. Chapter 67-10.Foreclosure of Mortgages on Personalty Before Debt Becomes Due. Chapter 67-16.Foreclosure of Bill of Sale to Secure Debt and Conditional Sales Contracts. Section 67-1107.Crops and growing crops defined; of the Code of Georgia of 1933, as amended by an Act to provide that the planting, cultivation, harvesting and marketing of trees shall be considered an agricultural pursuit under the laws of Georgia, approved February 22, 1939, Ga. Laws 1939, pp. 240-241, is amended by deleting therein the words bills of sale, mortgages and liens to secure debt and substituting therefor the words security agreement with respect to personal property. 109A-10104. General Repealer. All other laws, or parts of laws, in conflict with this Act are hereby repealed. 109A-10105. Laws Not Repealed.

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The Article on Documents of Title (Article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (Section 1201). 109-A-106. Severability. If any provision of this Title or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Title or the application of the provision to other circumstances, shall not be affected thereby. Approved February 27, 1962. LAND CONVEYANCE TO CITY OF COLUMBUS. No. 95 (House Resolution No. 470-935). A Resolution. Authorizing the Governor to convey certain real estate owned by the State in Muscogee County, Georgia; and for other purposes. Whereas, The State of Georgia now owns certain real estate located in the City of Columbus, County of Muscogee, under a conveyance from the City of Columbus dated May 2, 1950; and Whereas, the Military Department of the State had a need for certain additional real estate adjacent to the property conveyed by the aforementioned deed and the City of Columbus conveyed to the State such additional real estate with the understanding that part of the consideration therefor would be the conveyance by the State

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to the City of Columbus a part of the real estate conveyed to the State under the deed of May 2, 1950. 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 the City of Columbus, a municipal corporation in the State of Georgia, the following described property, 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[prime] west, 375.00 feet, along the northerly right-of-way line of U. S. Highway 27, to a point; thence running north 30 46[prime] 16[Prime] east, 234.43 feet to a point on the original boundary line of said municipal airport lands; thence running south 10 52[prime] west, 55.32 feet along the original boundary line of said municipal airport to a point; thence running south 66 58[prime] east, 163.80 feet along said original boundary line of municipal airport to a point; thence running south 4 20[prime] west, 158.95 feet, along said original boundary line of municipal airport to a point; thence running south 80 17[prime] east, 98.15 feet along said original boundary line of municipal airport to a point; thence running south 22 57[prime] east, 66.78 feet along said original boundary of municipal airport to a point; thence running south 46 07[prime] west, 88.15 feet along said original boundary line of municipal airport to the point of beginning.

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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 coordinates of which point are X-254, 805.74 and Y-887, 770.66 plane coordinates; thence running north 55 05[prime] west, 375 feet along the northerly right-of-way line of U. S. Highway 27, to a point; thence running north 30 46[prime] 16[prime] east, 234.43 feet to a point, thence running north 10 52[prime] east, 28.48 feet along the original boundary line of municipal airport to a point; thence running north 65 46[prime] east, 16.9 feet to a pointFor a point of beginning of this conveyance, and from said beginning point running north 65 46[prime] east, 179.6 feet along the original boundary line of said municipal airport to a point; thence running north 55 05[prime] west, 103.2 feet to a point; thence running south 30 46[prime] 16[Prime] west, 155.6 feet to the point of beginning. Approved February 27, 1962. LAND CONVEYANCE TO LIBERTY INDEPENDENT TROOP CORPORATION. No. 100 (House Resolution No. 431-909). A Resolution. Authorizing the conveyance of certain land in Liberty County, Georgia; and for other purposes. Whereas, the State of Georgia and the National Guard Bureau desire to construct an Armory at Hinesville, Liberty County, Georgia; and

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Whereas, the Liberty Independent Troop Corporation has conveyed the following described tract of land to the State of Georgia for such purpose, to-wit: All that certain lot, tract or parcel of land situate, lying and being in the City of Hinesville, in the 17th G. M. District of Liberty County, Georgia, and most particularly described as follows: Beginning at an iron axle located on the southeasterly margin of Georgia State Route No. 38, same marking the point of intersection of the northwest corner of property owned by the State of Georgia with the northeast corner of property owned by the State of Georgia with the northeast corner of land owned by Mrs. B. C. McCall; running thence from the point of beginning N 63 45[prime] E a distance of 474.20[prime] to corner marked by an iron pin; running thence S 26 15[prime] E a distance of 426[prime] to a corner marked by an iron pin; running thence S 63 45[prime] W a distance of 548.70[prime] to a corner marked by an iron pin; and running thence N 16 21[prime] W a distance of 432.50[prime] to the point of beginning. Said above described land heretofore conveyed contains 5 acres and is presently bounded as follows: Northerly by Georgia State Route #38; easterly by lands of Liberty County and lands of Liberty Independent Troop Corporation; southerly by lands of Liberty Independent Troop Corporation and lands of The State of Georgia; and westerly by lands of Mrs. B. C. McCall.; and Whereas, it would be beneficial and desirable that certain adjacent land owned by the State of Georgia be conveyed back to said Liberty Independent Troop Corporation in consideration of its conveyance of the above described land to the State of Georgia; and Whereas, there has been valuable consideration in said exchange of property; and Whereas, that property to be conveyed by the State of Georgia to the Liberty Independent Troop Corporation is as follows: All that tract, lot and parcel of land containing one and one-half (1-) acres, situate, lying and

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being in the City of Hinesville, Liberty County, Georgia, and more particularly described as follows: Commencing at an iron axle located on the southeasterly margin of State Route #38, same marking the point of intersection of the northwest corner of property owned by the State of Georgia with the northeast corner of property owned by Mrs. B. C. McCall; and thence S 16 21[prime] E along the west property line of the property owned by the State of Georgia and east along the property line of the property owned by Mrs. B. C. McCall 432.5[prime] to the point of beginning of the tract herein described; and thence S 16 21[prime] E 264.46[prime]; thence N 63 45[prime] E 250[prime]; thence N 16 21[prime] W 280.63[prime]; thence S 63 45[prime] W 250[prime] back to said point of beginning. The aforesaid tract is bounded as follows: Northwesterly by property belonging to the State of Georgia; northeasterly and southeasterly by property belonging to the Liberty Independent Troop Corporation; and, southwesterly by property belonging to Mrs. B. C. McCall. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized and directed to execute the necessary deed to the Liberty Independent Troop Corporation conveying the above described property. Approved February 27, 1962. LAND CONVEYANCE TO RICHMOND COUNTY. No. 101 (House Resolution No. 574-1109). A Resolution. Authorizing the conveyance of certain State property located in Richmond County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner, by virtue

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of a deed vesting title in the State Highway Department of Georgia, of a certain tract and parcel of land located in Richmond County, Georgia; and Whereas, said tract and parcel of land is fully described as follows: All that tract and parcel of land situate, lying and being in the 123rd District G. M., Richmond County, Georgia, commencing at the northern property line of Charles G. Cordle, and extending south forty-seven (47) degrees thirty (30) minutes east for a distance of eighty-six and five tenths (86.5) feet; thence extending south thirty-two degrees (32) 00 minutes east for a distance of three hundred sixteen (316) feet; thence south six (6) degrees 00 minutes west for a distance of two hundred and fourteen (214) feet to end of outfall ditch at Evans Academy Road.; and Whereas, a more complete and accurate description as to metes, bounds, bearings and distances is set forth in the State Highway Department of Georgia Plat on Project F 015-1 (13) Richmond County, Georgia; and Whereas, the above described property is the same tract of land as that condemned by the State Highway Department of Georgia in the Superior Court of Richmond County in case No. 9711-A, title State Highway Department of Georgia versus A parcel of land; and Charles Guy Cordle, individually.; and Whereas, since the condemnation and acquiring of the tract and parcel of land herein described, the Richmond County Engineering Department and the State Highway Department of Georgia have determined that said land is no longer needed for the purposes for which it was condemned. Whereas, the property herein described which was condemned and acquired, is now surplus; Now, therefore, be it resolved by the General Assembly

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of Georgia that the above property is hereby declared to be surplus, and the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to transfer to Richmond County, Georgia, all of the right, title and interest which the State of Georgia has or may have in the following tract and parcel of land: All that tract and parcel of land situate, lying and being in the 123rd District G. M., Richmond County, Georgia, commencing at the northern property line of Charles G. Cordle, and extending south forty-seven (47) degrees thirty (30) minutes east for a distance of eighty-six and five tenths (86.5) feet; thence extending south thirty-two degrees (32) 00 minutes east for a distance of three hundred sixteen (316) feet; thence south six (6) degrees 00 minutes west for a distance of two hundred and fourteen (214) feet to end of outfall ditch at Evans Academy Road. Be it further resolved that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to convey said tract and parcel of land by deed or other written instrument of conveyance at a consideration agreed upon by the Governor and Richmond County. Approved February 27, 1962.

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GOVERNOR'S MANSION ADVISORY COMMITTEE. No. 106 (House Resolution No. 551-1067). A Resolution. Creating a Committee relative to the construction of a new Governor's Mansion; and for other purposes. Whereas, the Governor's Mansion Committee, which was created at the 1961 session of the General Assembly, has presented a report setting forth its findings and recommendations relative to the possibility of the construction of a new Governor's Mansion; and Whereas, this report is most comprehensive and complete, relative to all phases of the subject of the study; and Whereas, the committee has emphatically stated that the present Mansion is unsuited for its purposes and has firmly recommended that a new Governor's Mansion, which would typify and symbolize the traditions and characteristics of Georgia and her people, be constructed; and Whereas, legislation has been introduced which would authorize the State Office Building Authority to issue bonds for the purpose of constructing a new Governor's Mansion and it would be high desirable and advisable for the aforesaid Governor's Mansion Committee to act in an advisory capacity relative to the construction of a new Governor's Mansion; Now, therefore, be it resolved by the General Assembly of Georgia that a Committee to be known as the Governor's Mansion Advisory Committee is hereby created, and said committee shall consist of the same members and persons who comprised the membership of the aforesaid Governor's Mansion Committee. The committee is hereby authorized and directed to act in an advisory capacity to the State Office Building Authority relative

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to all details concerning the acquisition of property and construction of a new Governor's Mansion. 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 legislative members of interim legislative committees. The State Auditor and the Secretary of State shall receive the compensation provided by law for ex officio officers. The legislative members of the committee shall be paid from the funds appropriated to or available to the Legislative Branch of the Government. The Secretary of State and the State Auditor shall be paid from funds appropriated for that purpose. The layman members of the committee shall be paid from funds appropriated to the Executive Department. The chairman of the committee shall be the Secretary of State, and the committee shall elect 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. The committee shall adopt procedures for its own operation. The persons serving on such committee shall continue to serve on such committee regardless of whether they still continue to belong to the group from which originally appointed. In the event a vacancy occurs, the official originally appointing shall fill the vacancy from the group in which the vacancy occurs. The committee shall continue in existence until the purposes of this resolution have been completed. Approved February 27, 1962.

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MONUMENT TO BE PLACED AT VICKSBURG NATIONAL MILITARY PARK. No. 109 (House Resolution No. 367-766). A Resolution. Authorizing the placing of a Monument at Vicksburg; and for other purposes. Whereas, one of the most significant events of the War Between the States was the Battle and siege of Vicksburg which culminated in the surrender of Vicksburg on July 4, 1863; and Whereas, during this Battle, Georgia was represented by fifteen Infantry Regiments, two Infantry Battalions, three Batteries of Artillery, and one Company of Cavalry; and Whereas, Georgia has no memorial to its dead at Vicksburg, and the Georgia Hall of Fame Committee is sponsoring the construction of a Monument at Vicksburg and it is only fitting and proper that the Georgia Soldiers be recognized; Now, therefore, be it resolved by the General Assembly of Georgia that a Monument be placed at Vicksburg National Military Park, Vicksburg, Mississippi, and that said Monument be identical to the Georgia Monument placed at Gettysburg and Antietam. Said Monument shall be for the purpose of honoring Georgians who were killed in the Battle and siege of Vicksburg during the War Between the States. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein and the Georgia Hall of Fame Committee shall act in an advisory capacity. The Budget Bureau is hereby authorized and directed to provide the necessary funds to carry out the purposes of this Resolution, including all costs connected with the Monument and all costs involved in the dedication ceremonies,

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such as programs, invitations, transportation, and other expenses. Provided such costs do not exceed $7500.00. Approved February 27, 1962. MOTOR COMMON CARRIERSFOR HIRE DEFINED. Code 68-601 Amended. No. 714 (House Bill No. 861). An Act to amend section 68-601 of the Code of Georgia of 1933, providing for the definition of certain words used in Chapter 68-6 concerning the regulation of motor common carriers, so as to define for hire transportation of a motor common carrier to include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly, or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and to include every person acting in concert with, under the control of or under common control with a motor common carrier, who shall offer to furnish transportation for compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 68-601 of the Code of Georgia of 1933, providing for the definition of certain words used in Chapter 68-6 concerning the regulation of motor common carriers, is hereby amended by adding at the end of the said section a new subsection to read as follows: (g) The words for hire as used in subsection (e) above, shall include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly, or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in

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concert with, under the control of or under common control with a motor common carrier, who shall offer to furnish transportation for compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. GENERAL APPROPRIATIONS ACT AMENDEDWESLEYAN CONSERVATORY PROPERTY. No. 715 (House Bill No. 1163). An Act to amend an Act known as the General Appropriations Act, approved April 5, 1961 (Ga. L. 1961, p. 356), so as to provide appropriations for the acquisition of Wesleyan Conservatory Property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the General Appropriations Act, approved April 5, 1961 (Ga. L. 1961, p. 356), is hereby amended by adding a new paragraph to section 50 to be known as paragraph (m) to read as follows: (m) For acquisition of Wesleyan Conservatory Property.....$350,000.00 Section 2. Said Act is further amended by striking from Section 50 the following: Total Contingent Appropriations.....$53,800,000.00 and inserting in lieu thereof the following: Total Contingent Appropriations.....$54,150,000.00 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962.

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GENERAL APPROPRIATIONS ACT AMENDEDMOTOR VEHICLE CERTIFICATE OF TITLE ACT. No. 716 (House Bill No. 883). An Act to amend an Act entitled an Act to make appropriations for the operation of the State Government, approved April 5, 1961 (Ga. L. 1961, p. 356), so as to provide contingent appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), into effect; 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 appropriations for the operation of the State Government, approved April 5, 1961 (Ga. L. 1961, p. 356), is hereby amended by adding to section 50 of said Act a new subparagraph to read as follows: To supplement and become part of the appropriations to the Department of Revenue for the purpose of carrying the Motor Vehicle Certificate of Title Act into effect.....$380,477.95 Section 2. Said Act is further amended by striking after the words Total Contingent Appropriations the figures $53,800,000.00 and inserting in lieu thereof the figures $54,180,477.95. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962.

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CAPITAL FUND CREATED FOR LOANS TO COUNTIES FOR PROPERTY VALUATION PROGRAMS. No. 717 (House Bill No. 781). An Act to establish a continuing capital fund to be administered by the State Revenue Commissioner from which loans to counties may be made to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes as authorized by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby provided that all funds which have heretofore been appropriated to the Department of Revenue for the purpose of making loans to counties to aid in defraying the cost of property valuation and equalization programs for ad valorem tax purposes, and which have been included in an allotment approved by the Governor, and all funds which may hereinafter be so appropriated and approved, shall be deemed to create a continuing capital fund to be administered by the State Revenue Commissioner for the purpose of making such loans for property valuation and equalization purposes as are authorized by law; and any funds which may be repaid to the State Revenue Commissioner in accordance with the terms of said loans shall become a part of said continuing capital fund and may be reloaned by the State Revenue Commissioner in the manner and on the terms authorized by law, without being included in any future budget report, budget, appropriation, appropriation Act, or allotment. Created. Section 2. A loan of State funds to counties for the purpose of property valuation and equalization programs shall be deemed a permanent disbursement to such capital fund except as hereinafter provided but shall not be deemed an expenditure of such funds, but the entire amount of the continuing capital fund created hereunder shall be deemed an asset belonging to the State and reported as such on the annual reports of the State Treasurer in similar manner as bank or railroad stocks, or bonds, or other assets owned by the State are reported. Intent.

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Section 3. Any repayments to said capital fund shall not be deemed as income or receipts of the State or as a collection of taxes, fees, assessments or other moneys by any Department or Agency of the State. Any portion of such capital fund which is not loaned to a county at any given time and any repayments to such capital fund shall be deposited in the State Treasury, but shall be available at all times for the purposes herein specified and shall not become a part of the general funds of the Treasury. Repayments. Section 4. The capital fund created hereunder shall terminate on June 30, 1973, and any funds remaining in such fund on said date shall become a part of the general funds of the Treasury, and the proceeds thereafter received from repayment of any loans made prior to said date shall likewise become a part of the general funds of the Treasury. Terminations. Section 5. The capital fund hereby created shall never exceed the sum of $4,500,000.00. Limit. Section 6. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. CRIMESPAYMENTS, ETC., BY SHIPPERS, ETC. No. 718 (House Bill No. 917). An Act making it unlawful for any carrier or shipper of property or any person or association of persons to pay or agree to pay for the benefit of a labor organization certain charges; defining the term labor organization; to make it unlawful for any labor organization to accept or receive any such payment; to provide for penalties for violation thereof; to repeal conflicting laws; and for other purposes. Whereas, restrictions upon the rights of carriers to compete

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on equal terms for traffic are not in the interest of the citizens of Georgia; and Whereas, restrictions upon such competition may injure industries located in Georgia by making them less able to compete for markets; and Whereas, agreements in restraint of trade are not in keeping with public policy of Georgia. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. The term labor organization means any organization of any kind or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. Definition. Section 2. It shall be unlawful for any carrier or shipper of property, or any association of such carriers or shippers, to agree to pay, or to pay, to or for the benefit of a labor organization, directly or indirectly, any charge by reason of the placing upon, delivery to, or movement by rail, or by a railroad car, of a motor vehicle, trailer, or container which is also capable of being moved or propelled upon the highways. Crimes. Section 3. It shall be unlawful for any labor organization to accept or receive from any carrier or shipper of property, or any association of such carriers or shippers, any payment described in section 2 hereof. Same. Section 4. Any corporation, association, organization, or person who agrees to pay, or who does pay, or who agrees to receive, or who does receive, any payment described in section 2 hereof shall be guilty of a misdemeanor and shall be punished as for a misdemeanor. Each act of violation, and each day during which such an agreement

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remains in effect, shall constitute a separate and distinct offense. Punishment. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. REVENUEMOTOR VEHICLE LICENSES, TRAILERS. No. 719 (House Bill No. 927). An Act to amend an Act relating to motor vehicle licenses approved December 24, 1937 (Ga. L. 1937-38 Ex. Sess., p. 259), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 998), so as to change certain provisions relating to private trailers; to change the provision relating to house trailers and auto trailers other than truck trailers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to motor vehicle licenses approved December 24, 1937 (Ga. L. 1937-38 Ex. Sess., p. 259), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 998), is hereby amended by inserting the words and boat trailers, after the words auto trailers, and by striking the word and from paragraph (5) of section 92-29 of said Act, so that when so amended said paragraph (5) shall read as follows: (5) Private trailers. For each private trailer, except farm trailers, house trailers, auto trailers, and boat trailers, the annual fee shall be $10.00., and by striking from paragraph (7) of said section 92-29 the word and wherever it appears, and inserting after the word auto trailers, wherever it may appear, the

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words and boat trailers whether pulled by a private automobile or a private truck., and by inserting at the end of the title of said paragraph used as a common or contract carrier for hire, so that when so amended said paragraph (7) of said section shall read as follows: (7) House trailers, auto trailers and boat trailers whether pulled by a private automobile or a private truck other than truck trailers used as a common or contract carrier for hire. For house trailers, auto trailers, and boat trailers whether pulled by a private automobile or a private truck, not used as, or in connection with, a motor vehicle, truck, or tractor used as a common or contract carrier for hire, the following: (a) Weighing less than 1,000 lbs $ 5.00 (b) Weighing more than 1,000 lbs 10.00 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. BRUNSWICK JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 720 (House Bill No. 1192). An Act to amend an Act providing a salary system in lieu of a fee system for the solicitor-general of the Brunswick Judicial Circuit, approved August 18, 1917 (Ga. L. 1917, p. 279), as amended, particularly by an Act approved February 8, 1945 (Ga. L. 1945, p. 136); and an Act approved March 9, 1955 (Ga. L. 1955, p. 3377), so as to provide an increase in the salary of the solicitor-general of the Brunswick Judicial Circuit; to provide for payment by the counties of the said increase; to provide an

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effective date; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a salary system in lieu of a fee system for the solicitor-general of the Brunswick Judicial Circuit, approved August 18, 1917 (Ga. L. 1917, p. 279), as amended, particularly by an Act approved February 8, 1945 (Ga. L. 1945, p. 136), and an Act approved March 9, 1955 (Ga. L. 1955, p. 3377), is hereby amended so as to provide that the solicitor-general shall receive, in addition to his present compensation and any and all other allowances provided, or authorized by law, the sum of $2,995.92 per annum, payable on the first of each month from the funds of the counties composing the Brunswick Judicial Circuit, as follows: Appling County $42.89 Camden County $67.43 Glynn County $42.81 Jeff Davis County $53.23 Wayne County $43.30 Said sums shall be in addition to any and all salary and allowances now paid by the counties of the Brunswick Judicial Circuit. Section 2. This Act shall become effective on the first day of the month following the month that it is approved by the Governor or otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962.

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CRIMINAL PROCEDURECOURTS OF INQUIRYTESTIMONY OF THE ACCUSED. Code 27-405 Amended. No. 721 (House Bill No. 948). An Act to amend Code section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, so as to provide that in all proceedings before a court of inquiry of this State the accused may testify in his own behalf; to provide that if the accused elects to so testify, the accused shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue; to provide that the failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, and shall permit the defendant to make his own statement, is hereby amended by adding at the end of said section the following: In the alternative, however, if the prisoner wishes to testify and announces in open court before any court of inquiry his intention to do so, he may so testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure.

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so that when so amended said section shall read as follows: Section 27-405. The court shall hear all legal evidence submitted by either party, and shall always permit the defendant to make his own statement of the transaction (not under oath) if he desires to do so. The weight to be given to such statement shall be entirely in the discretion and sound judgment of the court. Whenever such statement is made, it shall be the duty of the court to reduce it to writing, and return it with the other papers to the proper court in the event of a commitment. In the alternative, however, if the prisoner wishes to testify and announces in open court before any court of inquiry his intention to do so, he may so testify in his own behalf. If he so elects, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless and until the defendant shall have first put his character in issue. The failure of a defendant to testify shall create no presumption against him, and no comment shall be made because of such failure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. INCOME TAX ACT OF 1931 AMENDED. Code 92-3002 Amended. No. 723 (House Bill No. 1157). An Act to amend section 2(d) of the Income Tax Act of 1931 (Ga. L. 1931, Ex. Sess., p. 24) now codified in Georgia Code 1933, section 92-3002 (d) by providing that associations created pursuant to the provisions of the Georgia Professional Association Act (Ga. L. 1961, p. 404) shall be included within the term Associations as used in said section of the Income Tax Act above referred

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to, to provide that such Professional Associations shall be taxed as corporations under the said Income Tax Act, relating to corporations, 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. That section 2(d) of the Income Tax Act of 1931 as codified in Georgia Code, 1933, section 92-3002(d) which reads as follows: (d) The word `corporation' includes associations and insurance companies. be, and the same is hereby stricken in its entirety, and the following is substituted in lieu thereof, to wit: (d) The word `corporation' includes associations, professional associations organized pursuant to the Georgia Professional Association Act (Ga. L. 1961, p. 404), and insurance companies. Professional associations. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 28, 1962. TAXABLE SITUS OF INTANGIBLE PROPERTY DEFINED. Code 92-3113 Amended. No. 724 (House Bill No. 1203). An Act to amend an Act approved February 16, 1950 (Ga. L. 1950, p. 299), amending Chapter 92-31 of the Code of Georgia of 1933 by enacting a new section 92-3113, providing for the allocation and apportionment of income of corporations, by amending sub-section (3) of said section

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92-3113 by further defining the taxable situs of intangible property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved February 16, 1950 (Ga. L. 1950, p. 299) entitled: An Act to amend Chapter 92-31 of the Code of Georgia of 1933 relating to income taxes and the imposition, rate and computation of such income taxes, by striking and repealing section 92-3113 thereof, as said section has heretofore been amended, and enacting in lieu thereof a new section 92-3113, providing what shall constitute doing business in this State, and for the taxation and allocation and apportionment of incomes of corporations doing business or owning property in this State; to prescribe the effect of this Act; and for other purposes, be and the same is hereby amended by adding at the end of sub-section (3) of said section 92-3113 of the Code of Georgia of 1933, as amended by said Act of February 16, 1950, the following: Provided, further, that intangible property derived from business done in another State by a foreign corporation and held by such corporation outside of Georgia shall not be deemed to have a taxable situs in Georgia by reason of officers or directors of such corporation residing in Georgia, corporate meetings being held in Georgia, or corporate records kept in Georgia, so that said sub-section (3) of said section 92-3113, as so amended, shall read as follows: (3) Net income of the above classes having been separately allocated and deducted, the remainder of the net business income shall be apportioned as follows: Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax should be imposed on the entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable to this State shall be taken to be such percentage

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as the gross receipts from such intangible property in this State for the taxable year bear to the total gross receipts from such sources: Provided, that the taxable situs of intangible property held or owned by any domestic corporation or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, notwithstanding any domicile of any such corporation established elsewhere: Provided, further that intangible property derived from business done in another State by a foreign corporation and held by such corporation outside of Georgia shall not be deemed to have a taxable situs in Georgia by reason of officers or directors of such corporation residing in Georgia, corporate meetings being held in Georgia, or corporate records kept in Georgia. Defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1962. ELECTIONSTESTIMONY OF PARTICIPANTS IN CRIMES COMPELLED. Code 34-9907 Amended. No. 728 (House Bill No. 291). An Act to amend Code section 34-9907, relating to the punishment for certain election offenses, so as to provide that the hiring of qualified workers to perform services for any candidate shall not be an offense within meaning of this section; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code section 34-9907, relating to the punishment for certain election offenses, is hereby amended by striking in its entirety the last sentence in the last paragraph of subsection 5, so that when

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so amended, the last paragraph of subsection 5 shall read as follows: On the trial of any person for offending against this section, any other person who may have participated in any violation of the provisions of the same shall be a competent witness and be compelled to give evidence; and nothing then said by such witness shall, at any time, be received or given in evidence against him in any prosecution, except on an indictment for perjury in any matter to which he may have testified. All the provisions of this section shall be applicable, so far as the same may be, to all primary elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. TAXATION FOR SCHOOL LUNCH PURPOSES. Code 92-3701 Amended. No. 729 (House Bill No. 466). An Act to amend an Act relating to purposes for which counties may levy taxes, approved January 30, 1946 (Ga. L. 1946, p. 87) and known as Code section 92-3701, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 370), so as to authorize counties to levy a tax for certain school lunch purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the purposes for which counties may levy taxes, approved January 30, 1946 (Ga. L. 1946, p. 87) and known as Code section 92-3701, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 370), is hereby amended by striking therefrom subparagraph (3) in its entirety and inserting in lieu thereof a new subparagraph (3), to read as follows:

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3. For educational purposes upon property located outside of independent school systems, as provided in Article VIII of the Constitution of Georgia, as amended. Section 2. Be it further enacted that said Act and Code section 92-3701, as amended, is hereby further amended by adding thereto subparagraph (18), which shall read as follows: 18. For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII (Code section 2-6401 et. seq.) of the Constitution of Georgia, as amended, to provide for payment of costs and expenses incurred in the purchase, replacement and maintenance of school lunchroom equipment, purchase, of school lunchroom supplies, transportation, storage and preparation of foods, and all other costs and expenses incurred in the operation of school lunch programs, but excluding purchase of foods. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. STRIKES BY STATE EMPLOYEES PROHIBITED. No. 730 (House Bill No. 495). An Act to prohibit strikes by State employees; to define strikes and State employee; to prohibit any person inciting or influencing a State employee to strike; to prescribe consequences and penalties for such violations; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person holding a position by appointment or employment in the government of the State of Georgia

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or any agency, authority, board, commission, or public institution thereof shall promote, encourage or participate in any strike. Prohibited. Section 2. The word strike, as used herein, shall mean the failure to report for duty, the willful absence from one's position, the stoppage or deliberate slowing down of work, or the withholding, in whole or in part, of the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of State employment; provided, however, that nothing herein shall limit or impair the right of any State employee to express or communicate a complaint or opinion on any matter related to the conditions of State employment so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment. Strike defined. Section 3. Any State employee who violates section 2 of this Act shall be deemed to have terminated his employment, shall forfeit his civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or re-appointment, employment or re-employment by the State of Georgia or any agency, authority, board, commission, or public institution thereof, or in any other branch of the State service, for a period of three (3) years, after such violation, except upon the following conditions: Penalty. (a) his compensation, direct or indirect, shall in no event exceed that received by him immediately prior to the time of such violation; and (b) the compensation, direct or indirect, of such person shall not be increased until after the expiration of three years from such subsequent appointment or re-appointment, employment or re-employment; and (c) such persons shall be on probation for a period of five years following such appointment or re-appointment, employment or re-employment, during which period he shall

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serve without tenure and at the pleasure of the appointing or employing officer or body. Section 4. Any person not a State employee who shall knowingly incite, agitate, influence, coerce, persuade or picket to urge a State employee to strike shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by imprisonment not to exceed one year, or by a fine of not less than $100.00 nor more than $1,000.00, or both, such fine and imprisonment to be in the discretion of the court. Crimes. Section 5. No person exercising any authority, supervision or direction over any State employee shall have the power to authorize, approve or consent to a strike by one or more State employees, and such persons shall not authorize, approve or consent to such strike. No approval. Section 6. Be it further enacted by the authority aforesaid that if any clause, sentence, or part of this Act, or the application thereof, to any person or circumstances shall for any reason be adjudged to be invalid, such judgment shall not impair or invalidate the remainder of this Act which will remain in full force and effect. Severability. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. EMINENT DOMAINSPECIAL MASTER ACT AMENDED. No. 731 (House Bill No. 585). An Act to amend an Act relating to the special master procedure for exercising the power of eminent domain, approved March 13, 1957 (Ga. L. 1957, p. 387) so as to redefine the term condemning body as used in the Act; 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 relating to the special master procedure for exercising the power of eminent domain, approved March 13, 1957 (Ga. L. 1937, p. 387) is hereby amended by adding to section 1 thereof the words or any housing authority now or hereafter established between the word Georgia and the word which, so that when amended section 1 shall read as follows: Section 1. As used in this Act, `Condemning Body' shall mean the State of Georgia, or any branch of the government of the State of Georgia or any county, municipality, or other political subdivision of the State of Georgia or any housing authority now or hereafter established which is vested with the power of eminent domain. Condemning body defined. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. PRACTICE AND PROCEDURETRIAL OF DIVORCE CASES. No. 734 (House Bill No. 786). An Act to amend an Act to regulate procedure in the courts of this State approved March 28, 1935 (Ga. L. 1935, p. 481), as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 776), an Act approved February 13, 1956 (Ga. L. 1956, pp. 68, 69), an Act approved March 25, 1958 (Ga. L. 1958, p. 315), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1022), so as to authorize trial of divorce cases thirty days after appearance day where no issuable defense is filed; to include divorce cases in cases which can be tried before appearance day with consent of parties; 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 to regulate procedure in the courts of this State approved March 28, 1935 (Ga. L. 1935, p. 481), as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 776), an Act approved February 13, 1956 (Ga. L. 1956, pp. 68, 69), an Act approved March 25, 1958 (Ga. L. 1958, p. 315), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1022), is amended by striking from section 1, subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Except where provision is otherwise specifically provided for by law, all civil cases shall be triable at the `return' or trial term, as defined in Code section 81-201; provided however, that any civil case including divorce cases, by consent of the parties thereto, may be tried anytime after the appearance day of such case, and provided further, that all divorce cases may be tried at anytime 30 days after the appearance day of such case where no issuable defense is filed on or before the appearance day `thereof'. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. LANDLORD AND TENANTTERMINATION OF TENANCY AT WILL. Code 61-105 Amended. No. 735 (House Bill No. 799). An Act to amend section 61-105 of the Code relating to giving notice for the termination of a tenancy at will, so as to clarify the time when such notice is to be given; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 61-105 of the Code relating to giving notice for the termination of a tenancy at will is hereby amended by striking and deleting therefrom the words two months' and one month's wherever the same appear therein and by substituting in lieu thereof the words sixty days' and thirty days' , so that, when so amended, said section shall read as follows: 61-105. Sixty days' notice is necessary from the landlord to terminate a tenancy at will. Thirty days' notice is necessary from the tenant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. BUILDING AND LOAN ACT AMENDED. Code 16-408 Amended. No. 738 (House Bill No. 840). An Act to amend an Act known as the Building and Loan Act which was approved December 24, 1937 (Ga. L. 1937-38, p. 307, et seq.) by providing that the Secretary of State shall be the Georgia Building and Loan Commissioner and shall have general supervision and control over all State chartered associations and may issue rules and regulations governing same; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 5 of the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, p. 307, et seq.) (the first sentence of which section 5 is also known as Georgia Code section 16-408 of the Code of Georgia Annotated) is hereby amended by inserting at the end of the

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phrase Secretary of State in the first line the additional words is hereby designated the Georgia Building and Loan Commissioner, and he; and by inserting an additional sentence immediately following the end of the first sentence in said section, to read Rules and regulations now outstanding or hereafter issued by him under the title of Secretary of State or under the title of Georgia Building and Loan Commissioner shall be valid and enforceable regardless of the title under which same have been or will be issued; and the designation of Georgia Building and Loan Commissioner shall not be construed to repeal any regulation or divest any power which such Secretary of State may otherwise make or possess. so that when so amended said section 5 shall read as follows: The Secretary of State is hereby designated the Georgia Building and Loan Commissioner and he shall have general supervision and control over all State chartered associations. Rules and regulations now outstanding or hereafter issued by him under the title of Secretary of State or under the title of Georgia Building and Loan Commissioner shall be valid and enforceable regardless of the title under which same have been or will be issued; and the designation of Georgia Building and Loan Commissioner shall not be construed to repeal any regulation or divest any power which such Secretary of State may otherwise make or possess. On or before sixty days from the end of each fiscal year, every State chartered association shall make an annual written report to the Secretary of State, upon a form to be prescribed and furnished by the Secretary of State, of its affairs and operations for the preceding fiscal year. Every State chartered association shall also make such other reports as the Secretary of State may from time to time require. The Secretary of State shall at least once in each year, without previous notice, examine, or cause an examination to be made into the affairs of every State chartered association, and at such other times whenever in the judgment of the Secretary of State the condition of a State chartered association renders it necessary or expedient to make an extra examination. Copies of all such examinations or reports shall be delivered as soon as possible by the

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Secretary of State to an officer of the State chartered association. In lieu of such examination, the Secretary of State may accept an examination made by a Federal Home Loan Bank, the Federal Home Loan Bank Board, or the Federal Savings Loan Insurance Corporation, or any certified public accountant. The Secretary of State, his examiners, or auditors, shall have free access to all books and papers of a State chartered association which relate to its business and may require and compel the production of records, books, papers, contracts, or other documents, by court order, if not voluntarily produced. Secretary of State named Commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CORONERS' SALARIES IN COUNTIES HAVING POPULATION OF 500,000 OR MORE PERSONS. Code 21-105 Amended. No. 748 (House Bill No. 1200). An Act to amend section 21-105 of the Code of Georgia of 1933 pertaining to coroners' fees as heretofore amended so as to provide for the payment of an annual salary in lieu of such fees to the coroner in counties of this State having a population of 500,000 or more according to the 1960 or any future United States census; to fix the amount of said salary payable in such counties at the sum of $10,000.00 per year, payable in equal monthly installments; to provide the effective date of said salary; to authorize the payment of certain expenses incidental to the office of coroner in such counties out of county funds; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act:

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Section 1. Section 21-105 of the Code of Georgia of 1933, pertaining to coroners' fees as heretofore amended is further amended by adding thereto the following proviso, to wit: Provided, however, that in any county of this State having a population of 500,000 or more according to the 1960 or any future United States census, the coroner of such county shall be paid an annual salary of ten thousand ($10,000.00) dollars per year which shall be paid in equal monthly installments and which shall be in lieu of any and all fees or emoluments allowed to such officer. Provided, further, that in all such counties the governing authority may furnish to the coroner an office, office equipment and supplies, clerical assistance and other equipment or expenses incidental to the performance of the duties of his office. Section 2. The salary in monthly installments provided by this Act shall be effective with the approval of this Act. Effective date. Section 3. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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ELECTION PRECINCTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 34-1301 Amended. No. 758 (House Bill No. 1244). An Act to amend Code section 34-1301 providing for election precincts, as amended, to provide that in counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census and any future United States census as many election precincts as convenient may be established and the precincts established, changed or abolished by the board of commissioners in such counties; 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 that from and after the passage and approval of this Act: Section 1. Code section 34-1301 of the Code of Georgia, as amended, is hereby further amended by adding to the end of said section the following provisions: Provided, however, that 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 the foregoing provision that said precincts must not exceed one in each militia district shall not apply and in such counties as many election precincts as may be necessary and convenient for the holding of elections may be established without regard to militia district lines. Such precincts may be established, changed or abolished by the board of commissioners of roads and revenues of such county, if there be such body, and the descriptions of such precincts entered upon the minutes of the county. Section 2. Should any part or portion of this Act be declared invalid or unconstitutional it shall not affect the

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remaining portions of this Act not declared to be invalid or unconstitutional. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. GEORGIA CIVIL DEFENSE ACT AMENDEDEMERGENCY INTERIM SUCCESSORS. No. 759 (House Bill No. 1251). An Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 628), so as to provide for emergency interim successors to certain State and local officers; to define the terms used in this Act; to provide for the powers and duties and compensation of interim successors; to provide for the exercise of powers by such successors; to authorize political subdivisions of the State to provide for emergency interim successors; to provide that the operation of this Act shall be suspended as to any officer to which it may not constitutionally apply; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 628) is amended by striking therefrom section 25 in its entirety and inserting in lieu thereof a new section 25, which shall read as follows: Section 25. (A) As used in this section, the following words shall have the following meanings unless the context clearly indicates a contrary meaning:

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(1) Unavailable means either that a vacancy in an office exists as the result of any emergency as hereinafter defined and there is no deputy or other successor authorized to exercise all of the powers and discharge all of the duties of the office, or the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office; Definitions. (2) Emergency interim successor means a person designated pursuant to this section, in the event an officer is unavailable to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be prescribed by the Constitution, statutes, laws, charters and ordinances of this State and its political subdivisions, or until the lawful incumbent or his successor is able to resume the exercise of the powers and the discharge of the duties of the office. (3) Office means the position of head of any and all departments, agencies, boards or commissions of the State or any of its political subdivisions, all constitutional State House offices, all constitutional and other county offices, all of the judgeships of the State and its political subdivisions and all of the positions in the legislative departments of the State or its political subdivisions. Officer means the individual who shall hold an office. State office and State officer shall pertain to positions in the government of the State of Georgia; and local offices and local officers shall pertain to positions in the political subdivisions of the State. (4) Political subdivisions shall mean cities, counties, towns, villages, authorities and any other bodies created by the State and exercising any of the governmental power of the State. (5) Emergency means the condition existing during and after an actual enemy attack upon the State of Georgia. (B) All State officers, shall within thirty (30) days after the approval of this Act by the Governor or after it

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otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of office, designate by title individuals as emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this Act to insure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three (3), nor more than seven (7), such deputies or emergency interim successors or any combination thereof, at any time. In the event that any State officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this Act (or other official authorized under the Constitution or this Act to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise, or resume the exercise of, the powers and discharge the duties of his office. Appointments of emergency interim successors. (C) All emergency interim successors designated under this Act shall have the same qualifications as are prescribed by law for the officer by whom they are designated. Qualifications. (D) Designations of emergency interim successors to State officers shall become official upon the officer filing a list of such successors with the Secretary of State, who shall inform the Governor, the State office of Civil Defense, all emergency interim successors to the officer involved and the Ordinary of the county of legal residence of the successors of all such designations and any changes therein. Any

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designation of an emergency interim successor may be changed or altered by the officer concerned filing a notice of such change or alternation with the Secretary of State. Filing of lists. (E) All constitutional county officers shall, within thirty (30) days after the approval of this Act or after it otherwise becomes a law or within thirty (30) days after taking office, whichever date shall be later, in addition to any deputy authorized pursuant to law to exercise all the powers and discharge the duties of the office, designate by title individuals as emergency interim successors and specify their order of succession. Such successors shall have the same powers, duties and qualifications as specified by subsection (B) and (C) of this Act for successors to State officers. Designations of such successors shall be made in the same manner as prescribed for successors to State officers in subsection (D) of this section. County officers. (F) The legislative bodies of all political subdivisions of the State are hereby authorized and directed to provide by ordinance or resolution for emergency interim successors for the officers of such political subdivisions. Such resolutions and ordinances shall not be inconsistent with the provisions of this Act. Legislative bodies of political subdivisions. (G) At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office. Oaths. (H) Emergency interim successors shall receive the same compensation as is paid the officer by whom they are appointed. Such compensation shall be paid only during such time as a successor shall exercise the powers of the officer by whom he has been designated. Compensation. (I) Governmental powers shall be exercised by emergency

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interim successors appointed under this section only during a period of emergency as defined by this section. Powers. (J) The operation of this section, as applied to any office or officer to which it may not constitutionally or lawfully apply, is hereby suspended until such time as the Constitution of the State shall be amended, so as to make this section applicable to all officers and offices. Upon the ratification of such an amendment to the Constitution, this Act shall become completely operative as to all offices and officers. Without limiting the generality of the foregoing, the operation of the provisions of this section shall be suspended as to the judgeships in this State, and as to members of the General Assembly of this State until such time as this section shall be applicable to all offices and officers. Effective dates. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. GEORGIA CIVIL DEFENSE ACT AMENDEDGENERAL ASSEMBLY, POLITICAL SUBDIVISIONS OF STATE. No. 760 (House Bill No. 1252). An Act to amend the Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691), so as to provide for the convening of the General Assembly and the suspension of their rules following an emergency; so as to authorize local political subdivisions of the State to exercise governmental powers at places other than specified by charters or other laws of this State in the event of an emergency; to provide that certain provisions of this Act shall be suspended in operation until the Constitution of the State

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shall have been amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Civil Defense Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691) is hereby amended by inserting following section 7A thereof two (2) new sections which shall be known as sections 7B and 7C, which shall read as follows: Section 7B. The General Assembly shall meet at the new location of government provided for in section 7A either upon the call of the Governor, or if no call is issued, through the initiative of the members thereof upon the ninetieth (90th) day following an attack upon the State of Georgia. At such time the General Assembly shall not be limited by any constitutional provisions relating to length of sessions, and it may suspend the operation of any and all constitutional rules governing the procedure of both the House of Representatives and the Senate as it deems necessary during the period of emergency. General Assembly. Section 7C. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision, including but not limited to each and every city, county and municipality of the State, may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this State. During the period

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when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this State shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision. Sites of local government. Section 2. Any provisions of this Act which may be in conflict with any portion of the Constitution of the State of Georgia is hereby suspended in its operation until such time as the Constitution may be amended, so as to legalize and ratify all parts of this Act. Effective date. Section 3. The provisions of this Act shall be operative only in the event and for the duration of an emergency occasioned by actual enemy attack upon the State of Georgia and against the United States as proclaimed by an appropriate State official. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. GEORGIA CIVIL DEFENSE ACT AMENDEDSEAT OF STATE GOVERNMENT. No. 768 (House Bill No. 1253). An Act to amend the Georgia Civil Defense Act of 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691), so as to provide for emergency relocation or relocations of

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the seat of state government; to provide the same can be located outside the State; to provide the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Civil Defense Act of 1951 (Ga. L. 1951, p. 224), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 691) is amended by striking therefrom section 7A in its entirety and inserting in lieu thereof a new section 7A, which shall read as follows: Section 7A. A. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in Atlanta, Fulton County, Georgia, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this state as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor, and the seat of government is returned to its normal location. Seat of State government. B. During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority in this state, including the convening and meeting of the legislature shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.

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Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 3, 1962. GAME AND FISH ACTAMENDED. No. 769 (House Bill No. 863). An Act to amend an Act revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to place limitations upon the use of baskets for the taking of rough fish; to specify the areas wherein such baskets may be used for such purposes; to provide that it shall be unlawful and a misdemeanor to possess a basket or trap and to provide exceptions; to provide for the confiscation and destruction of traps found in violation of the provisions of this Act; to provide for the confiscation and disposition of shrimp found in unlawful possession of any person; 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 revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking subsection (a) of section 87 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: `(a) Baskets may not be used to take fish in the waters of this State except as provided hereinafter. Baskets may be used to take only rough fish in artificial impoundments and in the streams and waters east of (on the ocean side) the center line of the Seaboard Air Line Railway main line tracks in Chatham, Bryan, Liberty, McIntosh, Glynn and Camden counties. Baskets may also be used to take any type fish in private lakes and private ponds. The Commission

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shall promulgate rules and regulations prescribing the type and size of baskets which may be used as herein prescribed, except that any type and size of basket may be used to take fish in private lakes and private ponds.' Basket fishing. Section 2. Said Act, as amended, is further amended by adding to section 87., two subsections to be numbered (e) and (f), to read: (e) It shall be unlawful and a misdemeanor to possess any basket or trap made of metal, wire, wood, fabric or other material suitable for use or capable of use in taking fish from the waters of this State without the permit required by this section and the identification tag required by subsection (c) attached to each basket or trap. Provided, however, that the owner of a private lake or private pond may possess a basket or trap for use in taking fish therefrom without the necessity of obtaining such permit. Provided, further, that baskets and traps may be possessed for the purpose of sale at a regularly established place for such sale without the necessity of obtaining permits therefor. Crimes. (f) Any basket or trap found in violation of the provisions of this Act or the rules and regulations in effect hereunder, or found in use in an unlawful manner, is hereby declared to be contraband and shall be seized and destroyed by wildlife rangers in a manner prescribed by the commission. Contraband. Section 3. Said Act, as amended, is further amended by adding at the end of section 94. (g), the words: Any shrimp found in violation of the provisions of this section is hereby declared to be contraband and shall be subject to seizure by wildlife rangers. Any shrimp seized under the provisions hereof shall be turned over to a charitable institution for consumption., Shrimp. so that section 94(g), as so amended, shall read: (g) It shall be unlawful at any time for any person, firm, or corporation to have in possession any shrimp which

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count of said shrimp exceeds fifty-five shrimp with heads on to the pound, except as to shrimp used for live bait. Any shrimp found in violation of the provisions of this section is hereby declared to be contraband and shall be subject to seizure by wildlife rangers. Any shrimp seized under the provisions hereof shall be turned over to a charitable institution for consumption. Section 3A. The provisions of this Act shall become effective as of July 1, 1962. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. REED BINGHAM STATE PARK AND LAKE DESIGNATED. No. 130 (House Resolution No. 425-891). A Resolution. To designate the State Park located on Little River in Colquitt, Cook and Tift Counties as the Reed Bingham State Park, and Bingham Lake; and for other purposes. Whereas, the State of Georgia has established on Little River in Colquitt, Cook, and Tift Counties, a State Park, and Whereas, Reed Bingham has for many years unselfishly devoted his time, talent and energy to the construction and building of Colquitt and surrounding counties and Whereas, his vision, determination and efforts resulted in the creation of the Colquitt County Rural Electric Cooperative, the first such cooperative in the State of

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Georgia and the second to be established in the nation, and Whereas, Reed Bingham, through his effort, time and talent has stressed conservation and recreation, and is deemed the father of the project now a State Park, and Whereas, the efforts of Reed Bingham should be recognized, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Park located on Little River in Colquitt, Cook and Tift Counties is hereby designated as the Reed Bingham State Park, and the lake created thereon is hereby designated as the Reed Bingham Lake; Be it further resolved that the Department of State Parks is hereby authorized and directed to cause appropriate markers to be erected at or near said Park and Lake to show the designation herein provided, and said department is authorized to pay the cost incurred from the funds appropriated to or available to said department. Approved March 3, 1962. GORDONIA ALATAMAHA STATE PARK NAMED. No. 135 (House Resolution No. 536-1034). A Resolution. Renaming Reidsville State Park so that hereafter said park shall be known as Gordonia Alatamaha State Park; and for other purposes. Whereas, in 1765 a remarkable small tree was discovered by John and William Bartram in the moist, acid, sandy, lowland soil along the Alatamaha River southwest of Ft. Barrington on the coastal plain of Georgia; and

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Whereas, repeated research has failed to relocate said plant in its native locality; and Whereas, enough seeds and plants were collected so that said plant has been preserved through cultivation; and Whereas, Gordonia Alatamaha is commonly known as the Lost Camelia and resembles loblolly-bay or red-bay (Gordonia lasianthus) but it has thinner leaves that are about 4 inches long which are deciduous; said tree has smooth, black bark and bears groups of sessile flowers with unequal white petals which appear in July; and Whereas, said plant or tree belongs to the Theaceae (Camelia Family) the members of which all have alternate leaves with showy perfect flowers; and Whereas, it is world-known that the Gordonia Alatamaha was found only in Georgia, therefore it is certainly an outstanding aspect in the botanical history of this great sovereign State; and Whereas, Reidsville State Park is located near the site where the original and only plant was found; and Whereas, it is only fit and proper that the naming of a State Park in honor of this flower would compliment the State of Georgia and at the same time would note an outstanding natural and historical feature which is prominent to the State. Now, therefore, be it resolved by the General Assembly of Georgia that the Reidsville State Park as named in an Act approved March 17, 1960 (Ga. L. 1960, p. 1082), is hereby renamed the Gordonia Alatamaha State Park and shall hereafter be known and called by such name. Approved March 3, 1962.

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YOUTH STUDY COMMITTEE CREATED. No. 136 (House Resolution No. 544-1049.) A Resolution. Creating a committee to study problems of youth; and for other purposes. Whereas, the problems connected with the youth of this State are among the most important and pressing which face all responsible citizens today; and Whereas, such problems are highly complex in nature and should be given the most serious thought and study; and Whereas, the many outstanding womens' organizations, civic associations, and other organizations rendering vital public service to Georgia are most interested in seeking solutions to the questions involved and it is highly desirable that ideas, suggestions, and information be obtained from these most worthwhile organizations; and Whereas, the members of the General Assembly need to be furnished with complete and detailed information and data regarding the problems of youth and suggested solutions thereto; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee on youth to be composed of twelve members, with the Speaker and the Lieutenant Governor being ex-officio members. Three of the members shall be members of the House to be appointed by the Speaker, two shall be members of the Senate to be appointed by the Lieutenant Governor, and the remaining five members shall be appointed by the Governor. All the members of the committee shall be appointed within 30 days after the approval of this Resolution by the Governor, and the members shall meet within 30 days after all members have been appointed for the purpose of organizing and electing a chairman,

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a secretary, and such other officers as deemed advisable by the committee. All members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. The committee shall study the problems of youth and suggested enactment of laws relating thereto. The committee shall study the problems and the laws and administration thereof in various jurisdictions, and shall obtain information and data necessary to submit a report to the General Assembly. The funds necessary to carry out the purposes herein shall come from the funds appropriated to or available to the Legislative Branch of the Government, and from any other funds which are available therefor. The committee shall make a report of its findings and recommendations to the Governor, and to the General Assembly, on or before January 14, 1963, on which date the committee shall stand abolished. The committee shall have ten (10) days each member for the purposes of carrying out the terms of this Resolution. Approved March 3, 1962. AUTHORITY TO CONVEY LAND IN HALL COUNTY. No. 140 (House Resolution No. 545-1049). A Resolution. Authorizing the transfer of certain real property located in Hall County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner, by virtue of a deed vesting title in the State Highway Department of Georgia, to certain real property and the improvements thereon located in Hall County, Georgia; and Whereas, said real property is fully described as follows: All that tract or parcel of land in Hall County Georgia and lying just outside the southeast limits of the City of Gainesville, and being known as parts of lots No.

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5, 6, and 7 of the Moreno survey of the W. L. Marler old place later known as the Wheeler Brick Yard property and being more fully described as follows beginning at the branch on South Brandford St. and running thence in a southerly direction along said South Bradford a distance of two hundred and twenty six feet (226) to a corner on said South Bradford St. thence in a westerly direction a straight line along the property of E. A. Burchfield four hundred and thirty seven feet (437) more or less to Grove St. thence in a northerly direction along the east side of Grove St. one hundred and twenty six feet (126) to the branch thence along the branch in a easterly direction to the beginning corner on the west side of South Bradford St. and being bounded on the north by a branch, on the east by South Bradford St. on the south by other property of E. A. Burchfield and on the west by Grove St. and being a part of the land conveyed by a deed from George R. Wheeler to E. A. Burchfield dated Sept. 5, 1922 and recorded in deed book `41' page 137.; and Whereas, the deed vesting title to the above described tract or parcel of land in the State Highway Department of Georgia is recorded in deed book 58, page 561 of the deed records of Hall County; and Whereas, in the event adequate funds are available, the above described real property and the improvements thereon shall become surplus before the convening of the 1963 regular session of the General Assembly of Georgia; and Whereas, it is the desire of the State Highway Board of Georgia that said land be sold at a price commensurate with the fair market value of said property. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to sell, at auction or by sealed bids, all of the right, title and interest which the State of Georgia has or may have in the following tract or parcel of real

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property and the improvements located thereon: All that tract or parcel of land in Hall County Georgia and lying just outside the southeast limits of the City of Gainesville, and being known as parts of lots No. 5, 6, and 7 of the Moreno survey of the W. L. Marler old place and later known as the Wheeler Brick Yard property and being more fully described as follows beginning at the branch on South Bradford St. and running thence in a southerly direction along said South Bradford a distance of two hundred and twenty six feet (226) to a corner on said South Bradford St. thence in a westerly direction a straight line along the property of E. A. Burchfield four hundred and thirty seven feet (437) more or less to Grove St. thence in a northerly direction along the east side of Grove St. one hundred and twenty six feet (126) to the branch thence along the branch in a easterly direction to the beginning corner on the west side of South Bradford St. and being bounded on the north by a branch, on the east by South Bradford St. on the south by other property of E. A. Burchfield and on the west by Grove St. and being a part of the land conveyed by a deed from George R. Wheeler to E. A. Burchfield dated Sept. 5, 1922 and recorded in deed book `41' page 137. Be it further resolved that the Governor shall advertise such real property and the improvements located thereon for sale on a date to be fixed by him. In the event said real property and the improvements located thereon shall be sold at auction, said advertisement shall state the date, time and place of such auction and in the event the real property and the improvements located thereon shall be sold by sealed bids, the advertisement shall invite sealed bids, and state the time and place where said sealed bids shall be received; said advertisement to be published once a week for four (4) consecutive weeks immediately preceding the sale in the legal organ of Hall County, Georgia or in one of the newspapers published in Hall County, if there be one, having a general circulation throughout the county. Be it further resolved that said real property shall be

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sold to the highest bidder for cash provided, however, that all such bids may be rejected by the Governor in the event the offer made at said auction or in such bids are not in an amount that would be commensurate with the fair market value of said real property and the improvements located thereon. Be is further resolved that in the event said bids are rejected, the Governor, acting for and on behalf of the State of Georgia, shall be authorized and empowered to readvertise such real property and the improvements located thereon for sale and he shall be further authorized and empowered to exercise the authority and power set forth in this Resolution. Be it further resolved that upon receipt of an acceptable offer for purchase of said real property and the improvements located thereon, the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to convey, by deed or other written instrument of conveyance, all of the right, title and interest which the State of Georgia has or may have to all of said tract or parcel of real property and the improvements located thereon. Be it further resolved that said sale shall not be consummated until such time as the State Highway Board determines that said real property and the improvements located thereon is no longer needed by or is not useful to the State Highway Department of Georgia, at which time said real property and the improvements located thereon is hereby declared to be surplus. Approved March 3, 1962.

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GEORGIA INSURANCE CODE OF 1960 AMENDED. Code 56-912, 56-2504 Amended. No. 771 (House Bill No. 907). An Act to amend an Act known as the Georgia Insurance Code of 1960, approved March 8, 1960 (Ga. L. 1960, p. 289), and codified as Title 56 of the Code, so as to provide new tables as minimum valuation standards for industrial life insurance policies, annuities, disability benefits and accidental death benefits; to provide an amount which shall be equal to the adjusted premiums for any policy; to provide that premiums and present values shall be calculated on the Commissioners' 1961 Standard Industrial Mortality Table; to make certain provisions concerning term insurance on the life of a child; 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 Insurance Code of 1960, approved March 8, 1960 (Ga. L. 1960, p. 289), and codified at Title 56 of the Code, is hereby amended by striking from subsection 4 of section 56-912, relating to the Standard Valuation Law, paragraph (b), (c), (d) and (e), in their entirety, relettering paragraph (f) as paragraph (g), and by inserting after paragraph (a), five (5) new paragraphs which shall be known as paragraphs (b), (c), (d), (e) and (f), and which shall read as follows: (b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table; provided, however, that the Commissioners' 1961 Standard Industrial Mortality Table shall be the table for the minimum standard when said table becomes applicable in accordance with subsection (4) of section 56-2504, as amended. Standard Valuation Law. (c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits

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in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the insurer, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the Commissioner. (d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the Commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts. (e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; for policies or contracts issued prior to January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926). Any such table shall, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance policies. (f) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; for policies issued prior to January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies. Section 2. Said Act is further amended by striking subsection 4 of section 56-2504, relating to the nonforfeiture law with regards to industrial life insurance policies, term riders and term insurance under family policies, in its entirety and inserting in lieu thereof the following: (4) Except as provided in the third paragraph of this subsection (4), the adjusted premiums for any policy shall

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be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding extra premiums on a substandard policy, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of; (a) the then present value of the future guaranteed benefits provided for by the policy; (b) two (2%) percent of the amount of the insurance if the insurance be uniform in amount, or of the equivalent uniform amount, as hereinafter defined, if the amount of insurance varies with the duration of the policy; (c) forty (40%) percent of the adjusted premium for the first policy year; (d) twenty-five (25%) percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less; Provided, however, that in applying the percentages specified in subparts (c) and (d) above, no adjusted premium shall be deemed to exceed four (4%) percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this section shall be the date as of which the rated age of the insured is determined. Industrial life policies. In the case of a policy providing an amount of insurance varying with the duration of the policy, the equivalent uniform amount thereof for the purpose of this subsection shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy; Provided, however, that in the case of a policy providing a varying amount of insurance issued on the life of a child under age ten (10), the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age ten (10) was the amount provided by such policy at age ten (10). In the case of a policy which provides pure endowment benefits

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which are payable without reducing the amount of insurance provided by the policy and which may be applied to provide additional amounts of paid-up life insurance, the equivalent uniform amount thereof shall be determined based on the amounts of insurance which would be effective if all such pure endowment benefits were applied to provide such additional amounts of paid-up life insurance. The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (i) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (ii) the adjusted premiums for such term insurance, the foregoing items (i) and (ii) being calculated separately and as specified in the first two paragraphs of this subsection except that, for the purpose of (b), (c) and (d) of the first such paragraph, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (ii) shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (i). All adjusted premiums and present values referred to in this section shall for all policies of ordinary insurance be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table, provided that for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than three years younger than the actual age of the insured. Such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table; provided, however, that any insurer may file with the Commissioner a written notice of its election that such adjusted premiums and present values shall be calculated on the basis of the Commissioners' 1961 Standard Industrial Mortality Table after a specified date before January 1, 1968, and, whether or not any election has been made, such calculations for all

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policies of industrial insurance issued on or after January 1, 1968 shall be made on the basis of the Commissioners' 1961 Standard Industrial Mortality Table. All calculations shall be made on the basis of the rate of interest not exceeding three and one-half (3-%) percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits: Provided, however, that in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed, in the case of ordinary policies, may not be more than those shown in the Commissioners' 1958 Extended Term Insurance Table, and, in the case of industrial policies, may not be more than one hundred thirty (130%) percent of the rates of mortality according to the 1941 Standard Industrial Mortality Table except that when the Commissioners' 1961 Standard Industrial Mortality Table becomes applicable as hereinbefore provided, such rates of mortality assumed may be not more than those shown in the Commissioners' 1961 Industrial Extended Term Insurance Table. Provided further, that for insurance issued on a substandard basis, the calculation of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the Commissioner. Section 3. Said Act is further amended by striking subsection 5 of section 56-2504, in its entirety, and inserting in lieu thereof the following: (5) Calculation of values. Any cash surrender value and any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary, except in the case of industrial insurance proportionate increases in value may be calculated on the basis of quarter-year payment. All values referred to in subsections (2), (3), and (4) of this section may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death. The net value of any paid-up additions,

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other than paid-up term additions, shall be not less than the dividends or coupons used to provide such additions. Notwithstanding the provisions of subsection (2) of this section, additional benefits payable; (a) in the event of death or dismemberment by accident or accidental means; (b) in the event of total and permanent disability; (c) as reversionary annuity or deferred reversionary annuity benefits; (d) as term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this section would not apply; (e) as term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if such term insurance expires before the child's age is twenty-six, is uniform in amount after the child's age is one, and has not become paid-up by reason of the death of a parent of the child; and (f) as other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this section, and no such additional benefits shall be required to be included in any paid-up nonforfeiture benefits. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CORONERSCOMPENSATION IN COUNTIES HAVING POPULATION OF NOT LESS THAN 11,300 AND NOT MORE THAN 11,650 PERSONS. Code 21-105 Amended. No. 778 (House Bill No. 958). An Act to amend Code section 21-105 of the Code relating to fees paid coroners, as amended, so as to change the compensation of coroners in certain counties; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 21-105 relating to fees paid to coroners, as amended, is hereby amended by adding at the end of said section the following: In all counties of this State having a population of not less than 11,300 and not more than 11,650 according to the United States Census of 1960 or any future such census, the coroner is hereby placed on a salary and shall be compensated in the amount of fifty ($50.00) dollars per month and said compensation shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. JEFF DAVIS SUPERIOR COURTTERMS. No. 790 (House Bill No. 992). An Act to provide the terms of the Superior Court of Jeff Davis County; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created for the County of Jeff Davis four (4) terms of the Superior Court.

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Section 2. The terms of the Superior Court of Jeff Davis County shall be regularly held as follows: 1st and 2nd Monday in March 1st and 2nd Monday in June 4th Monday in September and 1st Monday in October 1st and 2nd Monday in December Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. TERMS OF DODGE SUPERIOR COURT. No. 798 (House Bill No. 1014). An Act to amend an Act entitled An Act to provide for four terms of the Superior Court of Dodge County, Georgia; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes, approved March 10, 1959, as found in Georgia Laws 1959, page 180, so as to provide that a term of Dodge Superior Court shall be held on the third Monday in February rather than the second Monday in January; and for other purposes. Be it enacted by the authority of the General Assembly of the State of Georgia and its is hereby enacted by authority of the same as follows, to-wit: Section 1. That section 1 of a certain Act of the General Assembly of Georgia approved March 10, 1959, as found in Georgia Laws 1959, page 180, entitled An Act to provide for four terms of the Superior Court of Dodge County, Georgia; to provide for the effective date of this Act; to repeal conflicting laws; and for other purposes, is hereby stricken in its entirety and there is substituted in lieu thereof the following:

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Section 1. The terms of Dodge Superior Court shall begin on the third Mondays in February, May, August and November of each year. Section 2. All laws and parts of laws in conflict with this law are hereby repealed. Approved March 3, 1962. RESERVES FOR PUBLIC IMPROVEMENTS, ETC. IN COUNTIES HAVING POPULATIONS OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 92-3701 Amended. No. 818 (House Bill No. 1112). An Act to amend section 92-3701 of the Code of Georgia 1933 as amended by an Act approved January 30, 1946, (Ga. L. 1946, p. 87 et. seq.) and Acts amendatory thereof so as to provide that in counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future census county taxes may be levied and collected for the purpose of providing reserves for public improvements and for depreciation and obsolescence of existing public buildings and facilities not to exceed $500,000 in any one year and not to aggregate more than $3,000,000 of unappropriated or unused funds for such purposes at any one time, 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 that from and after the passage and approval of this Act: Section 1. Section 92-3701 of the Code of Georgia as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 87, et. seq.), and Acts amendatory thereof, be and the

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same is hereby amended by adding to purpose number 16 thereof the following: In counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future census, county taxes may be levied and collected for the purpose of providing reserves for public improvements, depreciation and obsolescence of existing public buildings and facilities not to exceed $500,000 in any one year providing the accumulation of such funds for such purposes shall not at any one time exceed $3,000,000 unused or unappropriated. Section 2. Be it further enacted that if any part, of the Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of the Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, which may for any reason be hereafter declared unconstitutional. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. REGULATION OF PROFESSIONAL FUND RAISING. No. 835 (House Bill No. 922). An Act to provide the procedure for regulation of solicitation and collection of funds for charitable purposes; to provide for the registration with the Secretary of State of charitable organizations; to provide certain exemptions from the provisions of this Act; to provide for reports by registered charitable organizations with the Secretary

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of State; to provide for the registration and giving of bond by professional fund raisers; to provide for the filing of contracts with the Secretary of State; to provide for the registration of professional solicitors; to provide for procedure of enforcement of this Act; to provide for the designation of the Secretary of State as agent for service of process in certain cases; to provide penalties; to provide for the repeal of certain Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Solicitation and Collection of Funds for Charitable Purposes. Definitions. As used in this Act unless the context requires otherwise: (a) Charitable organization includes any benevolent, philanthropic, patriotic or eleemosynary person or one purporting to be such. (b) Contribution means the promise or grant of any money or property of any kind or value. (c) Professional fund raiser includes any person who for compensation or other consideration plans, conducts, manages, or carries on any drive or campaign in this State for the purpose of soliciting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this state as independently engaged in the business of soliciting contributions for such purpose. A bona fide officer or employee of a charitable organization is not deemed a professional fund raiser. (d) Professional solicitor includes any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes from persons in this state. But shall not include any person who furnishes entertainment on a fixed fee basis at any event staged or conducted by such an organization even

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though at such event such person may solicit contributions to the organization. (e) Department means Secretary of State. (f) Solicitation or solicitation of funds or solicit includes the sending of goods, wares and merchandise not ordered or requested by the recipient and where less than fifty percent (50%) of the total funds so raised or devoted, or will be devoted, to the purported purpose of the charitable organization. T. B. Seals, Easter Seals and related seals and stamps which have a recognized and established usage as a method of soliciting funds for charities shall not be considered goods, wares, and merchandise. Section 2. Registration of Charitable Organizations. (a) Every charitable organization, except as otherwise provided in section 3, which intends to solicit contributions from persons in this State by any means whatsoever shall, prior to any solicitation, file with the department upon forms prescribed by it, the following information: 1. The name under which the charitable organization intends to solicit contributions. 2. The names and addresses of officers, directors, trustees, and executive personnel. 3. The names and addresses of any professional fund raiser and professional solicitors who act or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions or other remuneration to be paid to the professional fund raisers and professional solicitors. 4. The general purposes for which the charitable organization is organized. 5. The purposes for which the contributions to be solicited will be used.

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6. The period of time during which the solicitation will be made. (a) Method of solicitation. 7. Such other information as may be necessary or appropriate in the public interest or for the protection of contributors. (b) The registration form, and any other documents prescribed by the department, shall be signed by the president or other authorized officer and the chief fiscal officer of the charitable organization. (c) For filing such registration, the department shall receive a fee of $5.00 to be paid at the time of registration. (d) Such registration shall be effective either for a prescribed period, pursuant to reasonable regulation of the department, or on a continuing basis, without limitation as to time. Section 3. Exempt Persons. The following persons shall not be required to register with the department. (a) Religious agencies and organizations, and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization; and (b) Educational institutions when solicitation of contributions is confined to its student body and their families, alumni, faculty and trustees. (c) Fraternal, civic, benevolent, patriotic and social organizations when solicitation of contributions is confined to its membership or within the county in which the organization is located. (d) Persons requesting any contributions for the relief of any individual, specified by name at the time of the solicitation, if all of the contributions collected, without any

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deductions whatsoever, are turned over to the named beneficiary. (e) Local community organizations or local fund-raising campaign managers affiliated with or acting for a statewide parent charitable organization by contract or agreement need not register separately with the department. The single registration of the state-wide parent organization shall be considered all-inclusive of all its affiliated local community fund-raising organizations and individuals. Section 4. Reports By Registered Charitable Organizations. Every charitable organization required to register pursuant to section 2 which has received contributions during the preceding calendar year shall file a written report with the department upon forms prescribed by it, on or before March 31st of each year, which shall include a financial statement covering the preceding fiscal year of operation, verified by an independent public accountant clearly setting forth the gross income, expenses and net amount inuring to the benefit of the charitable organization. A charitable organization which maintains its books on other than a calendar year basis shall upon application to the department therefor be permitted to file its report within 90 days after the close of its fiscal year. Such reports shall state the names of its professional fund raisers and professional solicitors used during the year, if any, and the amounts of compensation received by them. Such report when filed shall become a public record in the office of the department. The report of a state-wide parent charitable organization shall include the combined reports of all its local community fund-raising affiliates. This total state report shall be verified by a certified public accountant. Community reports of local affiliates or local managers to the parent organization need not be made separately to the department, but shall be made to the parent organization after being verified by an independent local audit. Section 5. Professional Fund Raisers; Registration and Bond Required. No person shall act as a professional fund raiser for a charitable organization required to register pursuant to section 2 until he has first registered with the

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department. Applications for such registration shall be in writing, under oath, in the form prescribed by the department and shall be accompanied by an annual fee of $50.00. The applicant shall at the time of making application, file with, and have approved by, the department a bond in which the applicant shall be the principal obligor, in the sum of $5,000.00, with one or more sureties whose liability in the aggregate as such sureties will at least equal such sum. The bond shall run to the Secretary of State for the use of the state and to any person who may have a cause of action against the obligor of such bond for any malfeasance or misfeasance in the conduct of such solicitation. Registration when effected shall be for a period of one year, or a part thereof, expiring on August 31st, and may be renewed upon the filing of the bond and fee prescribed herein for additional one year periods. Section 6. Contracts to Be Retained. All contracts entered into by such professional fund raisers and charitable organizations shall be in writing and true and correct copies thereof shall be kept on file in the offices of the charitable organization and the professional fund raiser for a period of 3 years from the date of the solicitation of contributions provided for therein actually commences. Such contracts shall be available for inspection and examination by the Secretary of State and other authorized agencies. Section 7. Professional Solicitor: Registration Required. Every professional solicitor employed or retained by a professional fund raiser required to register pursuant to this Act shall, before accepting employment by such professional fund raiser, register with the department. Application for such registration shall be in writing, under oath, in the form prescribed by the department, and shall be accompanied by a fee of $10.00. Such registration when effected shall be for a period of one year, or a part thereof, expiring on August 31st, and may be renewed upon payment of the fee prescribed by this Act, or additional one year periods. Section 8. Enforcement by Attorney General. (a) An Action for violation of this Act may be prosecuted in any

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superior court of this State by the Attorney General in the name of the State and in any such action, the Attorney General shall exercise all the powers and perform all duties which the solicitor general of a judicial circuit would otherwise be authorized to exercise or to perform therein. (b) Whenever the Attorney General has reason to believe that any charitable organization, professional fund raiser or professional solicitor is operating in violation of this Act, or there is employed or is about to be employed in any solicitation or collection of contributions for a charitable organization any device, scheme or artifice to defraud or for obtaining money or property by means of any false pretense, representation or promise, in addition to any other action authorized by law, he may bring in any superior court of this state an action in the name of the state against such charitable organization, professional fund raiser or professional solicitor, and any other person who has participated or is about to participate in such solicitation or collection by employing such device, scheme, artifice, false representation or promise, to enjoin such professional fund raiser or professional solicitor, or other person from continuing such solicitation or collection or engaging therein or doing any acts in furtherance thereof, or to cancel any registration statement previously filed with the department. Section 9. Designation of Secretary of State as Agent for Service of Process; Service of Process. Any charitable organization, professional fund raiser or professional solicitor resident or having his or its principal place of business without the State or organized under and by virtue of the laws of another State, who or which shall solicit contributions from people in this State, shall be deemed to have irrevocably appointed the Secretary of State as his or its agent upon whom may be served any process directed to such charitable organization, professional fund raiser, professional solicitor or any partner, principal, officer or director thereof, in any action or proceeding brought by the Attorney General under this Act. Any such charitable organization, professional fund raiser or professional solicitor may file with the Secretary of State a designation, in terms complying herewith, duly acknowledged, irrevocably appointing the

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Secretary of State as his or its agent upon whom may be served any such process. Service of such process upon the Secretary of State shall be made by personally delivering to and leaving with him or a person designated by him a copy thereof at his office and such service shall be sufficient service provided that notice of such service and a copy of such process are forthwith sent by the Attorney General to such charitable organization, professional fund raiser, or professional solicitor by registered mail with return receipt requested, at his or its office as set forth in the registration form required to be filed in the department subsequent to sections 2, 5 and 8, or in default of the filing of such form at the last address known to the Attorney General. Service of such process shall be complete 10 days after the receipt by the Attorney General of a return receipt purporting to be signed by the addressee or a person qualified to receive his or its registered mail, in accordance with the rules and customs of the Post Office Department, or, if acceptance was refused by the addressee or his or its agent, 10 days after the return to the Attorney General of the original envelope bearing a notation by the postal authorities that receipt thereof was refused. Section 10. Unauthorized Use of Names When Soliciting or Collecting Contributions. (a) No person who is required to register pursuant to this Act shall use the name of any other person for the purpose of soliciting contributions from persons in this State, without the written consent of such other person. (b) A person is deemed to have used the name of another person for the purpose of soliciting contributions if such latter person's name is listed on any stationery, advertisement, brochure or correspondence of the charitable organization or his name is listed or referred to as one who has contributed to, sponsored or endorsed the charitable organization or its activities. (c) Whoever violates this Act shall be guilty of a misdemeanor, and shall be punished therefor as required by law.

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Section 11. An Act to provide a method of licensing charitable agencies, institutions and societies, providing care for dependent or defective persons, approved March 28, 1935 (Ga. L. 1935, p. 347), is hereby repealed in its entirety. 1935 Act repealed. Section 12. Nothing contained herein shall serve to deny the right to any municipality to pass such ordinances, rules and regulations as may be deemed appropriate to regulate further the soliciting of funds within such municipality. Such ordinance may not alter any of the obligations as set forth herein but may add thereto other requirements and rules as to the municipality involved appears to be proper. Intent. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. QUALIFYING FEESGENERAL ELECTIONS. No. 836 (House Bill No. 723). An Act to authorize the fixing of a reasonable qualification fee for candidates in the general election for certain county officers and members of the General Assembly; to provide for the disposition of such fees; to provide for the procedure connected therewith; to provide for an exception; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of each county is hereby authorized to prescribe a reasonable qualification fee for each candidate in the general election for the offices of clerk of the superior court, sheriff, ordinary, tax commissioner, tax collector, tax receiver, county commissioner, county school superintendent, member of county board of education, coroner, treasurer, surveyor, and for membership in the General Assembly. All such fees prescribed shall be

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fixed by the governing authority of the county at least six months prior to the general election for which such fees shall apply, and the offices and the fees therefor shall be posted on the bulletin board in the courthouse of the county at the time such fees are fixed and shall remain there until the date for qualifying has passed. All such fees shall be paid to the ordinary of the county at the time any such candidate qualifies and the ordinary shall keep accurate written records thereof. All such fees shall be paid by the ordinary to the governing authority of the county for the use of the county and such fees shall be used to help defray the cost of holding such elections. No candidate who was nominated in a political party primary shall be required to pay any such qualification fee. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. SOUTHERN INTERSTATE NUCLEAR COMPACT. No. 837 (House Bill No. 745). An Act to provide that the State of Georgia shall be a party to the Southern Interstate Nuclear Compact; to enact said Compact into law; to provide for the designation of the Georgia member of the Southern Interstate Nuclear Board; to provide for contracts; to provide for the submission of budgets; to provide for supplemental agreements; to provide for cooperation of State departments and agencies; to provide for funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Southern Interstate Nuclear Compact is hereby enacted into law and entered into by the State of Georgia with any and all states legally joining therein in

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accordance with its terms. The Compact is substantially as follows: COMPACT. Article I. Policy and Purpose. The party states recognize that the proper employment of nuclear energy, facilities, materials, and products can assist substantially in the industrialization of the South and the development of a balanced economy for the region. They also recognize that optimum benefit from and acquisition of nuclear resources and facilities require systematic encouragements, guidance, and assistance from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis; it is the purpose of this compact to provide the instruments and framework for such a cooperative effort to improve the economy of the South and contribute to the individual and community well being of the region's people. Article II. The Board. (a) There is hereby created an agency of the party states to be known as the Southern Interstate Nuclear Board (hereinafter called the Board). The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his state make specific provision therefor. The federal government may be represented without vote if provision is made by federal law for such representation. (b) The Board members of the party states shall each be entitled to one vote on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present and unless a majority of the total number of votes on the Board are cast in favor thereof.

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(c) The Board shall have a seal. (d) The Board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer. The Board shall appoint an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, shall be bonded in such amounts as the Board may require. (e) The Executive Director, with the approval of the Board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the Board's functions irrespective of the civil service, personnel or other merit system laws of any of the party states. (f) The Board may establish and maintain, independently or in conjunction with any one or more of the party states, a suitable retirement system for its fulltime employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The Board may borrow, accept, or contract for the services of personnel from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation. (h) The Board may accept for any purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize and dispose of the same. (i) The Board may establish and maintain such facilities as may be necessary for the transacting of its business.

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The Board may acquire, hold, and convey real and personal property and any interest therein. (j) The Board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (k) The Board annually shall make to the governor of each party state, a report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable. Article III. Finances. (a) The Board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof. (b) Each of the Board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one quarter of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one quarter of each such budget shall be apportioned among the party states on the basis of the relative average per capita income of the inhabitants in each of the party states based on the latest computations published by the federal census-taking agency. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary

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to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board. (c) The Board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same. (d) Any expenses and any other costs for each member of the Board in attending Board meetings shall be met by the Board. (e) The Board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the Board. (f) The accounts of the Board shall be open at any reasonable time for inspection. Article IV. Advisory Committees. The Board may establish such advisory and technical committees as it may deem necessary, membership on which to include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, state and federal government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

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Article V. Powers. The Board shall have power to: (a) Ascertain and analyze on a continuing basis the position of the South with respect to nuclear and related industries. (b) Encourage the development and use of nuclear energy, facilities, installations, and products as part of a balanced economy. (c) Collect, correlate, and disseminate information relating to civilian uses of nuclear energy, materials and products. (d) Conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of (1) Nuclear industry, medicine, or education or the promotion or regulation thereof. (2) The formulation or administration of measures designed to promote safety in any matter related to the development, use or disposal of nuclear energy, materials, products, installations, or wastes. (e) Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of nuclear product, material, or equipment use and disposal and of proper techniques or processes for the application of nuclear resources to the civilian economy or general welfare. (f) Undertake such non-regulatory functions with respect to non-nuclear sources of radiation as may promote the economic development and general welfare of the region. (g) Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields. (h) Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative

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procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions. (i) Prepare, publish and distribute, (with or without charge) such reports, bulletins, newsletters or other material as it deems appropriate. (j) Cooperate with the Atomic Energy Commission or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interests. (k) Act as licensee of the United States Government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto. (l) Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents. The Board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as whole or within any subregion or subregions of the geographic area covered by this compact. Article VI. Supplementary Agreements. (a) To the extent that the Board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party

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states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board. (b) Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the Board may administer or otherwise assist in the operation of any supplementary agreement. (c) No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact. Article VII. Other Laws and Relationships. Nothing in this compact shall be construed to: (a) Permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force. (b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic Energy Commission, any agency successor thereto, or any other federal department, agency

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or officer pursuant to and in conformity with any valid and operative act of Congress. (c) Alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions. (d) Permit or authorize the Board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the Board own or operate any facility or installation for industrial or commercial purposes. Article VIII. Eligible Parties., Entry into Force and Withdrawal. (a) Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia shall be eligible to become party to this compact. (b) As to any eligible party state, this compact shall become effective when its legislature shall have enacted the same into law: provided that it shall not become initially effective until enacted into law by seven states. (c) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw. Article IX. Severability and Construction. The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of

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the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant hereto shall be liberally construed to effectuate the purposes thereof. Section 2. The Governor shall appoint the Board member of the Southern Interstate Nuclear Board which is established by Article II of the Compact. Such member shall serve at the pleasure of the Governor. The Governor is hereby authorized to appoint an alternate member who may serve at and for such time as the regular member shall designate and shall have the same power and authority as the regular member when so serving. [Illegible Text] [Illegible Text]. Section 3. The employees of the Board shall be under such merit system as the Board shall provide and, for the purposes of carrying out the provisions of Article II (f), the Board and its employees shall be considered a State agency, and the State Employees' Retirement System is hereby authorized to contract with the Board in order to further or facilitate the activities of the Board pursuant to Article II(f) of the Compact. No such contract shall take effect prior to its approval by the Governor. [Illegible Text] system [Illegible Text] employees. Section 4. For the purposes of facilitating the provisions of Article II(g) of the Compact, the Board shall be considered a State agency. [Illegible Text] [Illegible Text]. Section 5. Pursuant to Article III(a) of the Compact, the Board shall submit its budgets of estimated expenditures to the Governor for presentation to the General Assembly. [Illegible Text]. Section 6. Any supplementary agreement entered into

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pursuant to Article VI of the Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds in addition to those already appropriated shall not become effective as to this State prior to the making of an appropriation by the General Assembly therefor. Expenditures. Section 7. The departments, agencies and officers of this State and its subdivisions are hereby authorized to co-operate with the Board in the furtherance of any of its activities pursuant to the Compact. Cooperation. Section 8. In order to carry out the provisions of this Act and of the Compact contained herein, the Budget Bureau is hereby authorized and directed to provide the funds necessary for Georgia's share of the total amount which shall not be greater than $5,000.00 in any fiscal year. The Budget Bureau shall provide such amount from any available funds until such time as the General Assembly shall provide the funds by appropriation. Appropriations. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. GEORGIA HISTORICAL COMMISSIONCOMPENSATION OF SECRETARY. No. 838 (Senate Bill No. 5). An Act to amend an Act creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, p. 789), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 152), so as to change the provisions relating to the compensation of the Secretary of the Commission; 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 creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, p. 789), as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 152), is hereby amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. The Secretary shall be compensated in an amount to be determined and fixed by the Commission and the Secretary of State, not to exceed $6500.00 per annum. In addition to such compensation, the Secretary shall receive his reasonable expenses for travel in the business of the Board either within or without the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CORPORATIONSTRANSFERS OF REAL PROPERTY. No. 839 (Senate Bill No. 41). An Act to amend an Act entitled An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes, approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess., p. 214), as amended, so as to provide that instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president of the corporation and attested or countersigned by the secretary or cashier of the corporation, with the corporation's seal

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attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same; to provide that when signed by the president or vice president of the corporation and attested or countersigned by the assistant secretary or assistant cashier of the corporation, with the corporation's seal attached, shall be prima facie evidence that said officers signing are duly authorized to execute and deliver the same; to provide that any corporation may, by proper resolution, authorize the execution of such instruments by other officers of the corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State; to repeal section 22-308 of the Code of Georgia of 1933, as amended by an Act approved March 15, 1935 (Ga. L. 1935, p. 108-9, and to repeal said last mentioned Act) and to insert a new section in lieu thereof; and for other purposes, approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess., p. 214), as amended, is hereby amended by adding a new section to be known as section 32A to read as follows: Section 32A. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the secretary or cashier of the corporation, with the corporation's seal attached, shall be conclusive evidence that said officers signing are duly authorized to execute and deliver the same. Instruments executed by a corporation conveying an interest in real property, with the exception of transfers of and releases from security instruments, when signed by the president or vice president and attested or countersigned by the assistant secretary or assistant cashier of the corporation, with the corporation's seal attached, shall be prima facie evidence that said officers signing are duly authorized to execute and deliver the same. Any corporation may, by proper resolution,

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authorize the execution of such instruments by other officers of the corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. JUVENILE COURT ACT AMENDEDCLERKS IN COUNTIES HAVING POPULATION OF LESS THAN 50,000 PERSONS. No. 840 (Senate Bill No. 53). An Act to amend an Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, so as to provide that in certain counties the clerk of the superior court shall act as the clerk of the juvenile court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing Juvenile Courts, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, is hereby amended by adding to the last paragraph of section 4 the following: In any such court the clerk of the superior court of the county shall act as the clerk of the juvenile court subject to the direction of the judge. so that when so amended the last paragraph of section 4 shall read as follows: In all counties having a population of less than 50,000 by the last or any future United States census, wherein a juvenile court has not been established, the judge of the superior court shall sit as the juvenile court judge and hear all cases coming within the provisions of this Chapter, said

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hearing shall be conducted in accordance with the provisions set forth in this Chapter. This shall involve no additional expenses (except as may be authorized by the board of county commissioners or other authority controlling the fiscal affairs of such county), shall create no new court or judge but shall merely clothe the judge with additional powers. The above provisions shall be construed to mean that the judge is presiding over a juvenile court of such county, which he shall thereupon establish and conduct as separate and distinct to any other court to which he may have been elected or appointed. In any such court the clerk of the superior court of the county shall act as the clerk of the juvenile court subject to the direction of the judge. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. ORDINARIESTRANSACTION OF BUSINESS. Code 24-2104 Amended. No. 841 (Senate Bill No. 58). An Act to amend Code section 24-2104, relating to when business may be transacted with the Ordinary, as amended by Acts approved February 15, 1952 (Ga. L. 1952, p. 213) and March 25, 1958 (Ga. L. 1958 Vol. I, p. 631) and March 17, 1959 (Ga. L. 1959 Vol. I, p. 312), so as to redefine when business may be transacted with the Ordinary to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Code section 24-2104, relating to when business may be transacted with the Ordinary, as amended by Acts approved February 15, 1952 (Ga. L. 1952, p. 213), and March 25, 1958 (Ga. L. 1958 Vol. I, p. 631), and March 17,

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1959 (Ga. L. 1959 Vol. I, p. 312), is hereby amended by striking said section and substituting in lieu thereof the following: 24-2104. The Ordinary may transact business at any time except Sundays, and the Ordinary of each county may close his office at 12 o'clock noon on not more than one other day in each week, and where authorized or not prohibited by law, any hearing or other proceeding may be had and any order or judgment may be rendered at any time in term time or vacation; provided however, nothing herein shall be construed as prohibiting the Ordinary from providing by calendar for the orderly and uniform transaction of business on designated days. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. PRACTICE AND PROCEDUREATTACHMENT CASES. Code 8-117, 8-601 Amended. Code 8-603 Repealed. No. 842 (Senate Bill No. 60). An Act to clarify the procedure relating to attachment cases so as to make such procedure conform to that now or hereafter prevailing in ordinary civil cases as to appearance day, trial term, judgment pursuant to default, and all other matters; to amend section 8-117 of the Code relating to return of attachments so as to redefine the procedure relative thereto and to conform the jurisdictional limit of justices' court to that provided by the 1945 Constitution; to amend section 8-601, relating to the filing of the declaration in attachment so as to redefine when said declaration shall be filed; to repeal section 8-603, relating to the defendant's appearance; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia as follows: Section 1. Code section 8-117, relating to the return of attachments, is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: 8-117. When the principal amount sworn to does not exceed two hundred ($200.00) dollars, the attachment shall be returnable to the next justice's court of the district where the debtor resides or last resided, which sits not less than ten (10) days after the issuance thereof. When the principal amount sworn to exceeds two hundred ($200.00) dollars, and in any case where the defendant is a nonresident, the attachment shall be returnable to the superior court of the defendant's last residence as to residents of this state, and to any appropriate superior court as to nonresidents. Attachments returnable to the superior, city and county courts shall be governed by the same rules of procedure and practice governing all civil actions as now or as may hereafter be provided for by law, as respects appearance day, trial term, judgment pursuant to default, and any and all other rules relating to procedure and practice. Where attachment issues before suit is pending, the plaintiff shall file his declaration in attachment within fifteen (15) days after the levy of such attachment, and such declaration shall thereafter be governed by the same rules governing ordinary civil actions as above provided; provided however, where the levy is perfected by service of summons of garnishment as provided in Code Chap. 8-5 as now or hereafter amended, such declaration in attachment shall be filed within thirty (30) days after the filing of answer admitting indebtedness by the garnishee, or within thirty (30) days after judgment in favor of the plaintiff against the garnishee upon traverse, as the case may be. Code 8-117 amended. Section 2. Code section 8-601, relating to the filing of the declaration in attachment, is hereby amended by striking said section and by substituting in lieu thereof the following:

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8-601. When the attachment has been returned to the proper court, the subsequent proceedings shall be in all respects the same as in cases where there is personal service; and when the attachment is returnable to the superior, city or county court, the plaintiff shall file his declaration as provided in Code section 8-117, as amended. The appearance day of such declaration shall be thirty (30) days after the filing thereof. Where the defendant is represented by counsel of record, copy of such declaration shall be mailed to him and proof thereof shown by certificate of counsel making such service. Failure to make such service shall be ground of contempt only, and shall not otherwise affect the validity of the proceedings, the levy having already placed the defendant on notice. Code 8-601 amended. Section 3. Code section 8-603, relating to the defendant's appearance, is hereby repealed. Code 8-603 repealed. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. ELECTIONSVACANCIES IN OFFICE OF JUSTICE OF THE PEACE. Code 24-406 Amended. Code 24-407 Repealed. No. 843 (Senate Bill No. 84). An Act to amend Code section 24-406, relating to the election to fill a vacancy in the office of justice of the peace, so as to provide that the ordinary shall call such election; to provide for holding such election; to prescribe the procedure connected therewith; to repeal Code section 24-407, relating to the holding of an election to fill a vacancy in the office of justice of the peace; 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 24-406, relating to the election to fill a vacancy in the office of justice of the peace, is hereby amended, by striking said section in its entirety and inserting in lieu thereof a new section 24-406 to read as follows: When a vacancy shall occur in the office of justice of the peace the ordinary of the county shall issue the call for an election to fill such vacancy in the district where the vacancy occurs. Such election shall be held within thirty (30) days from the date the vacancy occurs and the ordinary shall give notice of the date and purpose of such election by advertising the same in the official organ of the county at least ten (10) days prior to the date thereof. He shall also post a notice at the courthouse and at three (3) of the most public places in the district. In the event there is a notary public ex-officio justice of the peace in the district where the vacancy occurs, he along with two (2) freeholders shall hold the election in the same manner in which a regular election for justice of the peace is held and shall duly certify the election to the Governor who shall commission the person elected for the unexpired term. Code 24-406 amended. Section 2. Code section 24-407, which reads as follows: 24-407. If there is no justice of the peace in the district where the vacancy occurs, the ordinary of the county shall order an election in the same manner, which may be held by three freeholders of the district, who shall hold and certify said election in the same manner. Code 24-407 repealed. is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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ADOPTION PROCEEDINGSNOTICE OF FINAL HEARING. No. 844 (Senate Bill No. 89). An Act to amend an Act entitled An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 300), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1157), and by an Act approved March 8, 1957 (Ga. L. 1957, p. 339), so as to provide the manner and method of giving notice of final hearings in adoption cases when the address of the party or parties is unknown; 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 and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 300), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1157), and by an Act approved March 8, 1957 (Ga. L. 1957, p. 339), is hereby amended by inserting between the figure 5 and the period at the end of the first sentence of section 11 of said Act the following: , providing, however, that if the address of such person or persons was unknown when notice was given as required by section 5 of this Act and such person or persons were notified by a notice published once a week for four weeks in the official organ of the county where such proceedings are pending, as required by said section 5 and such person or persons have not filed formal objections to the adoption,

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then no notice shall be required and further provided that in the event the notice given pursuant to this section is mailed, mailing such notice by registered mail, properly stamped and addressed, to the same address as the conformed copy of the petition and order was served or required to be mailed as provided by section 5 of this Act shall be the only duty required of such clerk and no further notice shall be necessary or required, unless a change of address has been filed in the records of such adoption case, and said Act is further amended by striking from the last line of section 11 the following: From and after the enactment of said Code section (Acts 1941, p. 305) said, and inserting in lieu thereof the word, Said, so that when so amended section 11 of said Act shall read as follows: Section 11. At any time after the expiration of six (6) 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, providing, however, that if the address of such person or persons was unknown when notice was given as required by section 5 of this Act and such person or persons were notified by a notice published once a week for four weeks in the official organ of the county where such proceedings are pending, as required by said section 5 and such person or persons have not filed formal objections to the adoption, then no notice shall be required and further provided that in the event the notice given pursuant to this section is mailed, mailing such notice by registered mail, properly stamped and addressed, to the same address as the conformed copy of the petition and order was served or required to be mailed as provided by Section 5 of this Act shall be the only duty required of such clerk and no further notice shall be necessary or required unless a change of address has been filed in the records of such adoption case. Any person objecting

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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 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. 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 3, 1962.

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CHARITABLE TRUSTSLEGAL REPRESENTATIVES OF BENEFICIARIES. No. 845 (Senate Bill No. 135). An Act to make the Attorney-General of the State of Georgia, in his official capacity, or the Solicitor-General of the circuit wherein the major portion of trust res lies, the legal representative of the beneficiaries of charitable trusts and of the interest of the State in their welfare as parens patriae in all suits involving their interests; to authorize him to sue and be sued in this capacity; to provide for venue, process, and service in such suits; to declare the effect of judgments in such cases; to repeal an Act approved February 13, 1952 (Ga. L. 1952, p. 121), relating to the appointment of the Attorney-General as the legal representative of the beneficiaries of charitable trusts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all cases in which the rights of beneficiaries under a charitable trust shall be involved, the Attorney-General of the State of Georgia shall, in his official capacity, or the Solicitor-General of the circuit wherein the major portion of trust res lies, represent the interests of such persons and the interests of the State of Georgia as parens patriae in all legal matters pertaining to the administration and disposition of such trusts; and that, in this capacity, he may sue or be sued, and, in so far as a suit of this nature may be deemed a suit against the State, the State of Georgia expressly gives its consent to suit; that the venue of such suits may be in any county in the State where a substantial number of persons who are the beneficiaries of said trusts shall reside. Process shall be directed to the Attorney-General of the State of Georgia, in his official capacity, or the Solicitor-General of the circuit wherein the major portion of trust res lies. Service may be perfected by mailing a copy of the petition and process by the clerk of the superior court wherein it is filed to the Attorney-General or the Solicitor-General of the circuit wherein the major portion of trust res lies and by his entry

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of his action upon the issue docket, and it shall be the duty of said clerk to do the acts herein stated instanter upon the filing of the petition. Any judgment determining rights under any charitable trusts shall be binding on the beneficiaries when the Attorney-General or the Solicitor-General of the circuit wherein the major portion of trust res lies is a party and is served as herein provided. Section 2. An Act entitled an Act to make the Attorney-General of the State of Georgia, in his official capacity, the legal representative of the beneficiaries of charitable trusts and of the interest of the State in their welfare as parens patriae in all suits involving their interests; to authorize him to sue and be sued in this capacity; to provide for venue, process, and service in such suits; to declare the effect of judgments in such cases, approved February 13, 1952 (Ga. L. 1952, p. 121), is hereby repealed in its entirety. 1952 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. WORKMAN'S COMPENSATIONBONDS OF SELF INSURERS. Code 114-602 Amended. No. 846 (Senate Bill No. 152). An Act to amend Code section 114-602, relating to the duty of employers to insure themselves in licensed companies, or in lieu thereof to deposit surety, indemnity or bond, so as to allow for the return of bonds after a three (3) year period under certain circumstances; to provide the procedure connected therewith; to relieve the Workman's Compensation Board under such circumstances; 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 114-602, relating to the duty of employers to insure themselves in licensed companies, or in lieu thereof to deposit surety, indemnity or bond, is hereby amended by adding at the end thereof a new paragraph to read as follows: Wherever, a self-insurer has been required to post bond should they cease to be a corporation, and/or obtain coverage, and/or desire to change from a self-insurer, the Board shall be allowed to return said bond in either instance after a period of three (3) years where there is no outstanding claim shown as of record of the State Board of Workmen's Compensation, and the Board shall be relieved of any liability arising out of a case where the injuries were incurred or liability therefor, prior to the returning of the bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. UNIVERSITY SYSTEM1959 ACT GOVERNING ADMISSION OF STUDENTS REPEALED. No. 847 (Senate Bill No. 168). An Act to repeal an Act entitled An Act to govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to repeal conflicting laws; and for other purposes., approved February 4, 1959 (Ga. L. 1959, p. 20); 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 govern the admission of students to the University of Georgia and all of its branches as to age; to declare exceptions thereto; to

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repeal conflicting laws; and for other purposes., approved February 4, 1959 (Ga. L. 1959, p. 20), is hereby repealed in its entirety. 1959 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CASH BONDS IN CASES ARISING FROM VIOLATIONS OF GAME, FISH AND BOATING LAWS. No. 849 (Senate Bill No. 176). An Act to amend an Act which authorized the acceptance and payment of cash bonds from persons charged with violation of traffic laws, approved March 2, 1953 (Ga. L. 1953, p. 331), so as to include within the purview of said Act violation of game, fish or boating laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which authorizes the acceptance of payment of cash bonds from persons charged with violation of traffic laws, approved March 2, 1953 (Ga. L. 1953, p. 331), is hereby amended by inserting after the word traffic as it appears in section 1, and inserting the words game, fish or boating, so that when so amended, section 1 shall read as follows: Section 1. Any sheriff of the State of Georgia or his lawful agent or deputy, or any other county officer charged with the duty of enforcing traffic, game, fish or boating laws of this State who makes an arrest outside of the corporate limits of any municipality of this State for the violation of any traffic, game, fish or boating law, and has been authorized, as provided herein, by the judge having jurisdiction of such offense, to accept cash bonds, may accept a cash bond for the personal appearance of the person

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so arrested in lieu of a statutory bond or recognizance. No such officer shall be authorized to accept a cash bond unless he has been authorized to receive cash bonds in such cases by an order of the judge having jurisdiction of such offense, which order may be granted or dissolved in the discretion of such judge and which shall be filed with other records of the court over which said judge presides. Section 2. Said Act is further amended by inserting in section 4 thereof after the word traffic the words game, fish or boating, so that when so amended Section 4 shall read as follows: Section 4. If any person arrested for a violation of the traffic, game, fish or boating laws of the State of Georgia gives a cash bond as above provided for his appearance and fails to appear at the next regular term of court convening thereafter without legal excuse therefor, then and in that event, in the discretion of the court, said cash bond shall then and there be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment may be entered accordingly, in the discretion of the court, ordering the case disposed of and settled and the proceeds shall be applied and distributed as any fine would be. However, if the judge shall not desire to enter, in his discretion, a judgment ordering the case disposed of and settled, the forfeiture of the cash bond shall not be a bar to a subsequent prosecution of the arrested person for such violation. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962.

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TAX COLLECTORS NOT REQUIRED TO MAKE ROUNDS. Code 92-4901 Amended. No. 850 (Senate Bill No. 178). An Act to amend Code section 92-4901, relating to the duties of tax collectors, so as to provide that the tax collector need not make rounds for the purpose of collecting taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4901, relating to the duties of tax collectors, is hereby amended by striking paragraph 5. which reads as follows: 5. Give 10 days' notice in writing of the several times and places at which he will attend in the several militia districts in the county for the purpose of collecting taxes; attend at such places at least three times during the period allowed for paying taxes; and post and maintain a notice showing the day or days on which he will be at the county site for such purpose. and inserting in lieu thereof a new paragraph 5. to read as follows: 5. Post and maintain a notice showing the days on which his office is open for the purpose of collecting taxes and the office hours. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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TAX RECEIVERS AND COMMISSIONERS NOT REQUIRED TO MAKE ROUNDS. Code 92-4611 Amended. No. 851 (Senate Bill No. 179). An Act to amend Code section 92-4611, relating to the duties of tax receivers and tax commissioners, so as to provide that the tax receiver need not make rounds for the purpose of receiving tax returns; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4611, relating to the duties of tax receivers and tax commissioners, is hereby amended by striking paragraphs 3., 4., and 5. which read as follows: 3. To give 10 days' notice in writing of the several times and places at which he will attend in the several militia districts of the county, for the purpose of receiving tax returns. 4. To attend at such places at least three times during the period allowed for making returns. 5. To post and maintain a notice showing the day or days on which he will be at the county site for such purpose. and inserting in lieu thereof a new paragraph 3. to read as follows: 3. Post and maintain a notice showing the days on which his office is open for the purpose of receiving tax returns and the office hours. Section 2. Said Code section is further amended by renumbering paragraphs 6., 7., 8., and 9., 10., and 11. as paragraphs 4., 5., 6., 7., 8., and 9., respectively.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. EMERGENCY AID TO ACCIDENT VICTIMSRELIEF FROM CIVIL LIABILITY. No. 852 (Senate Bill No. 182). An Act relating to public health and welfare; to relieve from civil liability any person who renders emergency care at the scene of the emergency when such care or services are rendered without charge and in good faith; 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. Any person, including those licensed to practice medicine and surgery pursuant to the provisions of Chapter 84-9 of the Code of Georgia of 1933 and including any person licensed to render services ancillary thereto, who in good faith renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge therefor, shall not be liable for any civil damages as a result of any act or omission by such person in rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person. Section 2. All laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved March 3, 1962.

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GEORGIA POLICE ACADEMY ACT. No. 853 (Senate Bill No. 183). An Act to provide for a Georgia Police Academy; to provide for a short title; to provide for definitions; to create the Georgia Police Academy Board; to provide for the composition of the Board; to provide for terms of office and procedure; to provide for duties, power and authority of the Board; to provide for administration and funds; to provide for a training program; to provide for the application 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. Short Title. This Act shall be known as and may be cited as the Georgia Police Academy Act. Section 2. Definitions. Unless the context clearly indicates otherwise, the following words and terms when used in this Act shall have the following meanings: (a) Board shall mean the Georgia Police Academy Board created hereinafter. (b) Academy shall mean the Georgia Police Academy provided for hereinafter. (c) Police Officer shall mean any law enforcement peace officer charged with the duty of enforcing the criminal laws and ordinances of the State, or the counties or the municipalities, who is employed by and compensated by the State or any county or municipality of the State, or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the State Department of Public Safety, municipal police, county police, sheriffs, deputy sheriffs, wardens, guards, agents and investigators of the State Forestry Commission, wildlife rangers of the State Game and Fish Commission, and agents of the State Revenue Department.

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(d) State shall mean the State Government of Georgia and any department, board, bureau, commission or other agency thereof. Section 3. Georgia Police Academy Board. There is hereby created the Georgia Police Academy Board to be composed of seven (7) members as follows: (1) Director, Department of Public Safety (2) President, Peace Officers' Association of Georgia (3) President, Georgia Municipal Association (4) President, Association of County Commissioners (5) Director, Vocational Division, State Department of Education (6) Two members to be appointed by the Governor The ex officio members shall serve on the Board while they continue to hold their office. The remaining two members shall serve for terms of four years except that the first terms shall expire December 31, 1964. The Governor shall appoint such two members within 45 days from the effective date of this Act. In the event a vacancy occurs in the position of such two members the Governor shall appoint a person for the unexpired term under the same procedure as original appointments are made. Such two members shall be eligible to succeed themselves. The members of the Board shall elect a Chairman, a Vice-Chairman and such other officers as deemed advisable by the Board. The Board shall provide for a quorum and shall provide for meetings. The Board shall adopt such procedures as it deems necessary and advisable for its operation. The members of the Board shall receive no compensation or per diem for their services but shall be reimbursed for the expenses incurred in the performance of their duties. Section 4. Duties, Power and Authority of the Board. The Board is hereby authorized and empowered to establish,

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operate and maintain a Georgia Police Academy for the purpose of training police officers and others as hereinafter provided. The Board is hereby authorized and empowered to do all things and take whatever action necessary to accomplish the above, including, but not limited to, the establishment of training standards and programs, and the promulgation of rules and regulations relative thereto. The Board is hereby authorized and directed to select a site for the Academy. Section 5. Administration and Funds. The policies and programs of the Board shall be administered by the Department of Public Safety. The Academy staff, clerical and other personnel, supplies, material, equipment and other articles necessary for the purposes of this Act, shall be furnished by the Department of Public Safety. The funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the Department of Public Safety and from any other available funds. The Board is hereby authorized to accept gifts, grants, and donations for the purpose of carrying out the provisions of this Act. The Board is also authorized to accept property, both real and personal, and services, for the purpose of carrying out the provisions of this Act. In administering the policies and programs of the Board, the Department of Public Safety shall seek the assistance of the Vocational Division of the State Department of Education, which is hereby authorized and directed to cooperate and work with the Department of Public Safety. Section 6. Training Program. Subject to rules and regulations prescribed by the Board, the Training Program at the Academy shall be made available to all police officers and may also be made available to other persons who evidence interest in entering the police officer profession. The Board is hereby authorized to prescribe fees to cover all or a part of the cost of furnishing such training under such rules and regulations as the Board shall prescribe. The State, municipalities and counties are hereby authorized to expend funds for the purpose of paying the above fees. The Board is hereby given full authority to decide who shall be allowed to enroll in the training program at the Academy.

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Section 7. Act Permissive. It is not the intention of this Act that it be mandatory that any police officer be required to attend the Academy. The training program established at the Academy shall not supersede any training program for police officers now in existence or hereafter established, but shall be separate and apart from any other training program for police officers. Section 8. Effective Date. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law, but the Board is hereby granted full authority to determine when the Academy shall be established and when the training program shall be instituted. Section 9. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. HARRIS SUPERIOR COURTTERMS OF COURT. No. 854 (Senate Bill No. 186). An Act to provide for the holding of three terms of the Superior Court of Harris County; to prescribe the times for holding such terms; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There shall be three terms of the Superior Court of Harris County, Georgia, in each year, and such terms shall be held as follows: The first term shall convene annually on the second Monday in January, the second term shall convene annually on the second Monday in May, and the third term shall convene annually on the second Monday in September. Terms. Section 2. This Act shall become effective and the first term hereunder shall be convened on the second Monday in May, 1962. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. STATE EXAMINING BOARDSVENUE OF ACTIONS. Code 84-103 Enacted. No. 856 (Senate Bill No. 193). An Act to amend Code chapter 84-1, as amended, relating to the Joint Secretary of State Examining Boards, so as to provide the venue of any action pertaining to, by or against the members of any State Examining Board now in existence or hereafter created; to provide that the Joint Secretary shall not be considered a member of any such Board in determining the venue of any such action; to provide that no court shall have jurisdiction of any action solely by virtue of the Joint Secretary residing or maintaining a residence within its jurisdiction; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 84-1, as amended, relating to the Joint Secretary of State Examining Boards, is hereby amended by adding a new Code section to be numbered section 84-103, to read: 84-103. The venue of any action pertaining to, by or against the members of any State Examining Board now in existence or hereafter created shall be governed by the laws of this State pertaining to venue. The Joint Secretary shall not be considered a member of any such Board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the Joint Secretary residing or maintaining a residence within its jurisdiction.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CONVENANTS RUNNING WITH THE LANDRESTRICTIONS. Code 29-301 Amended. No. 860 (Senate Bill No. 199). An Act to amend section 29-301 of the Code, relating to covenants running with the land, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 112), so as to provide that covenants restricting lands to certain uses shall not run more than twenty (20) years in those areas in counties for which zoning laws have been adopted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 29-301 of the Code, relating to covenants running with the land, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 112) is hereby amended by changing the period at the end of said section to a comma, and by adding at the end of said section the following words, nor in those areas in counties for which zoning laws have been adopted, so that when so amended said Section shall read as follows: 29-301. Covenants running with land go to purchaser. The purchaser of lands obtains with the title however conveyed to him, at public or private sale, all the rights which any former owner of the land, under whom he claims, may have had by virtue of any covenants of warranty of title, or of quiet enjoyment, or of freedom from incumbrances, contained in the conveyance from any former grantor, unless the transmission of such covenants with the land is expressly negatived in the covenant itself: Provided, however,

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that covenants restricting lands to certain uses shall not run for more than 20 years in municipalities which have adopted zoning laws, nor in those areas in counties for which zoning laws have been adopted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. PHYSICAL EXAMINATIONS FOR PROSPECTIVE STATE EMPLOYEES. No. 861 (Senate Bill No. 211). An Act to amend an Act providing for physical examinations of prospective employees of the State, approved March 17, 1956 (Ga. L. 1956, p. 808), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 189), so as to provide that the applicant shall pay the cost of an examination performed by a physician of the applicant's choice; to remove the provisions relating to the payment of physicians by an employing agency; to provide that the provisions of this Act shall not apply to employees of the State who are students in the University System of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for physical examinations of prospective employees of the State, approved March 17, 1956 (Ga. L. 1956, p. 808), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 189), is hereby amended by adding in paragraph (b) of section 2 after the word choice the words and at the applicant's expense, so that when so amended paragraph (b) of section 2 shall read as follows: (b) A physician in the employ of the State, where feasible, or a licensed physician of the applicant's choice

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and at the applicant's expense shall make a physical examination of each person about to be appointed to a position in the State's service, and report the findings of fact on the prescribed forms to the State Employees' Health Service of the State Department of Public Health which shall act as the State's Medical Consultant. Payment for examination. Section 2. Said Act is further amended by striking paragraph (d) of section 2 which reads as follows: (d) The State Personnel Board shall, after consultation with the committee of physicians appointed by the Merit System Director, establish maximum fees payable by the State for physical examinations of prospective employees conducted by private physicians, and the employing agency is hereby empowered to compensate private medical examiners for performing required physical examinations, but not beyond the maximum fees prescribed by the State Personnel Board. Repealed. in its entirety. Section 3. Said Act is further amended by redesignating paragraphs (e) and (f) of section 2 as paragraphs (d) and (e) respectively. Section 4. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The provisions of this Act shall not apply to department heads or temporary employees of the State, or to students in the University System of Georgia in the employ of the State, nor shall the provisions hereof apply to any present employee. A temporary employee is defined as a person whose period of employment does not exceed the prescribed number of calendar days allowed for the completion and reporting of the physical examination and who is not reemployed more than once for a similar period in any twelve consecutive months. Exemptions. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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ACT REGULATING PRACTICE OF VETERINARY MEDICINE AMENDED. Code 84-1501, 84-1504, 84-1505, 84-1506, 84-1508 Amended. No. 862 (Senate Bill No. 213). An Act to amend Code Chapter 84-15 relating to veterinarians and the practice of veterinary medicine, as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 254), and an Act approved March 9, 1956 (Ga. L. 1956, p. 691), so as to amend Code section 84-1501, relating to the definition of practicing veterinary medicine, so as to redefine such practice; to amend Code section 84-1504, relating to the examination of applicants for licenses, so as to remove therefrom the authority to grant licenses by comity and to add additional qualifications thereto; to amend Code section 84-1505, relating to examination fees, so as to increase the examination fee; to amend Code section 84-1506, relating to the re-examination fee, so as to specify said fee; to amend Code section 84-1508, relating to the expenses of Board members, so as to provide a per diem of $20 per day plus actual expenses incurred while attending meetings of the Board; to repeal section 7 of an Act approved February 15, 1950 (Ga. L. 1950, p. 254), relative to the administration of hog cholera serum and viruses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-15, relating to veterinarians and the practice of veterinary medicine, as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 254), and an Act approved March 9, 1956 (Ga. L. 1956, p. 691), is hereby amended by striking Code section 84-1501, defining the practice of veterinary medicine, in its entirety, and in lieu thereof inserting the following: 84-1501. The practice of veterinary medicine in Georgia shall be governed by the provisions set forth in this law.

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Where used, unless the context otherwise requires, the following definitions shall apply: Practice defined. (a) A `veterinarian' means a graduate of a school of veterinary medicine accredited by the American Veterinary Medical Association. (b) `Board' means the Veterinary Medical Board of Examiners of the State of Georgia. (c) `Applicant' means a person applying for a license to practice veterinary medicine in Georgia. (d) `License' means a certificate of license to practice veterinary medicine in Georgia pursuant to the provisions of Georgia Code section 84-1504 as amended. (e) `Animal' means any vertebrate, wild or domestic, other than man. (f) The `practice of veterinary medicine' means the practice by any person who: (1) Diagnoses, prognoses, treats, administers to, prescribes for, operates on, manipulates, or applies any apparatus or appliance for any disease, pain, deformity, defect, injury, wound or physical condition of any animal or for the prevention of or to test for the presence of any disease of any animal, or to hold himself out as being able or legally authorized to act in such manner; (2) Practices dentistry or surgery on any animal; (3) Represents himself as engaged in the practice of veterinary medicine as defined in paragraphs (1) and (2) of this section; (4) Uses any words, letters or titles in such connection and under such circumstances as to induce the belief that the person using them is engaged in or legally qualified for the practice of veterinary medicine. Section 2. Said Code Chapter, as amended, is further

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amended by striking from Code section 84-1504, relating to the examination of applicants for licenses to practice, the words Provided that the Board may be comity admit licensees of other States which have requirements equal to those imposed by this Chapter and extend the same privileges to licensees of this State., and is further amended by inserting in said section, after the words veterinary hygiene; the words parasitology, radiology, communicable and infectious diseases; so that Code section 84-1504, as so amended, shall read: 84-1504. Every person who desires to practice veterinary medicine or surgery shall obtain a license to do so from the State Board of Veterinary Examiners, and shall apply for same in writing to said Board, through the Joint-Secretary, State Examining Boards, and shall be examined by said Board as to his knowledge of the following branches of medicine; Comparative anatomy, physiology of domestic animals, veterinary pathology and therapeutics, materia medica and chemistry, surgical technique, veterinary obstetrics, and veterinary hygiene; parasitology, radiology, communicable and infectious diseases; and if upon examination the applicant shall be found to possess a sufficient knowledge of such branches, and shall be of good moral character, the Board shall at once issue to him a license to practice veterinary medicine and surgery. Examinations for licenses. Section 3. Said Code Chapter, as amended, is further amended by striking from Code section 84-1505, relating to examination fees, the words and figures $10, and inserting in lieu thereof the words and figures $25, so that said Code section, as so amended, shall read: 84-1505. Examination fees; disposition of, renewal of license. All applications for licenses to practice veterinary medicine or surgery, when filed with the Joint-Secretary, State Examining Boards, shall be accompanied by an examination fee of $25, the fund created by such payments to be used in paying the pro rata portion of the salary and expense of the Joint-Secretary and the expenses of the members of the Board of Veterinary Examiners as contemplated by Chapter 84-1.

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All licenses to practice veterinary medicine or surgery shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $2. On December 1 the Joint-Secretary, State Examining Boards, shall mail to each person holding a license to practice veterinary medicine or surgery a blank to be used in applying for renewal of his license and a statement of the fee. Upon rceipt of the application and renewal fee, the Joint-Secretary, acting under the direction of the State Board of Veterinary Examiners, shall be authorized to renew a license. Failure to apply for renewal of a license and to remit the renewal fee shall not withdraw the right of renewal, but the renewal fee if submitted after December 31 shall be $10. Section 4. Said Code Chapter, as amended, is further amended by adding at the end of Code section 84-1506, relating to the fee for reexamination, the words and figures of $25, so that Code section 84-1506, as so amended, shall read: 84-1506. Reexamination; fee. Any applicant for license who shall fail to satisfy the Board of Veterinary Examiners as to his qualifications may, upon application, be re-examined within not less than six months, upon payment of an additional examination fee of $25. Section 5. Said Code Chapter, as amended, is further amended by striking Code section 84-1508, relating to meetings and compensation of members of the Board, in its entirety, and in lieu thereof inserting the following: 84-1508. The members of the Georgia State Board of Veterinary Examiners shall be entitled to a per diem of $20. per day plus actual and necessary expenses incurred while attending meetings of the Board. The Board shall hold such special meetings as may be necessary for the transaction of its business and the examination of candidates for licenses to practice veterinary medicine or surgery. Any such meeting may be called by the President of the Board or upon the concurrence of three members of the

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Board. A meeting shall be held within thirty days after the annual graduating exercises of the University of Georgia for the examination of graduates of the School of Veterinary medicine of the University of Georgia, and other candidates who may apply for licenses to practice veterinary medicine or surgery. Board members. Section 6. Said Code Chapter, as amended, is further amended by striking section 7 of the amendatory Act approved February 15, 1950 (Ga. L. 1950, p. 254), in its entirety. 1950 Act repealed. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. JUDGES OF SUPERIOR COURTS EMERITUSDUTIES, EXPENSES, ETC. No. 866 (House Bill No. 221). An Act to provide that any judge of the superior court of the State of Georgia may request any judge emeritus of the superior court of his judicial circuit or an adjoining circuit to serve and preside in the superior court of the judicial circuit of the judge making said request and to provide that a judge emeritus of the superior court when thus requested may serve and preside in said superior court and shall discharge all the duties and exercise all the powers and authority of a judge of the superior court while thus serving, provided such judge emeritus deems that his service may be of assistance in the operations of the court; to provide that judges emeritus of the superior court shall hear, determine and act upon any and all motions for a new trial and certify any and all bills of exceptions in all cases tried by such judge emeritus while serving as a judge of the superior court, and while serving as judge emeritus of said court,

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and to provide that if because of death or otherwise such judge emeritus is unable to hear and determine said motion or motions for a new trial and to certify said bill or bills of exceptions, then in that event, the presiding judge of the superior court of the judicial circuit in which said case or cases were tried, shall pass upon and determine the same; to provide for actual expenses plus mileage for judges emeritus of the superior court while serving as judge of the superior court; to repeal conflicting laws and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that a judge of the superior court in the State of Georgia may request in writing any judge emeritus of the superior court of his judicial circuit or an adjoining circuit to serve and preside in the superior court of any county in the judicial circuit of the superior court judge making such request. The judge of the superior court thus requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in accordance with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. Duties when requested. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that all judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of the judicial circuit in which he formerly presided or any adjoining circuit when requested in writing by a superior court judge of said circuit as herein provided, and while a judge emeritus of the superior court is thus serving and presiding in a superior court of Georgia as herein provided, such judge emeritus shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of said circuit. Authority, etc.

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Section 3. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that it shall be the duty of all judges emeritus of the superior court to hear and determine any and all motions for a new trial and to certify any and all bills of exceptions in any and all cases tried by such judge emeritus as herein provided and in any and all cases tried by said judge while serving as judge of the superior court and before he was appointed judge emeritus and in the performance of his duties provided in this section, said judge emeritus is hereby granted the same authority and powers, exercised by the judges of the superior courts in reference to a motion for a new trial and a bill of exceptions. It is further hereby enacted that if a judge emeritus is unable to perform the acts herein required, because of death or otherwise, then in that event, the same shall be performed by the presiding judge of the superior court of the county in which said case or cases was/were tried. It is further enacted that judges emeritus while serving as judges of the superior court as herein provided shall receive in addition to the salary provided by law, actual expenses not to exceed $25.00 per day and mileage at the same rate as other State employees, for such service, which shall be paid by the State Treasurer from funds provided for the operation of the superior courts upon a certificate by the judge emeritus as to the number of days served and expenses and mileage. Same, expenses, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 5, 1962.

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GEORGIA FIREMEN'S PENSION FUND ACT AMENDED. No. 867 (House Bill No. 227). An Act to amend an Act providing pensions for the firemen of the State of Georgia, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 8, 1957 (Ga. L. 1957, p. 323), an Act approved March 17, 1960 (Ga. L. 1960, p. 991), and an Act approved April 5, 1961 (Ga. L. 1961, p. 417), so as to define the rights of beneficiaries; to exempt benefits from garnishment and taxation; to authorize the Board of Trustees of the Georgia Firemen's Pension Fund to fix the compensation of the secretary-treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing pensions for the firemen of the State of Georgia, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 8, 1957 (Ga. L. 1957, p. 323), an Act approved March 17, 1960 (Ga. L. 1960, p. 991), and an Act approved April 5, 1961 (Ga. L. 1961, p. 417), is hereby amended by striking section 11-A in its entirety and inserting in lieu thereof a new section 11-A to read as follows: Section 11-A (1). In the event any member of the Fund who is in good standing, and who has not commenced receiving any benefits under this Act, shall die, the designated beneficiary of such deceased member shall be entitled to be paid the total amount of money paid into the fund by such deceased member, upon making proper application therefor to the secretary-treasurer, which application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the Board. Rights of beneficiaries. (2). In the event any member of the Fund who is in

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good standing and who has commenced receiving benefits under the Act, shall die before receiving benefits in an amount equal to the total contributions of such member to the Fund, the named beneficiary shall be entitled to receive the difference between the amount contributed and the amount of benefits received by such deceased member, upon making application therefore as herein above provided. Section 2. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. The pension herein provided shall not be subject to attachment, garnishment, levy or other legal process against the fireman, voluntary fireman or designated beneficiary entitled to receive same; nor shall said pension or rights secured to any fireman, voluntary fireman or designated beneficiary be assignable unless specifically provided in this Act. The pension and other benefits herein provided are hereby expressly declared to be exempt from any and all taxation whether imposed by any State, County, Municipality or other political subdivision. Pension exempt from garnishment, etc. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. There is hereby created an office to be known as secretary-treasurer of the Georgia Firemen's Pension Fund. The secretary-treasurer shall be named by the Board and shall serve at the pleasure of the Board. His compensation shall be fixed by the Board. He shall be bonded by a corporate surety in such amount as the Board shall determine to be sufficient. The cost of such bond shall be paid by the Firemen's Pension Fund. Secretary-Treasurer. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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EDUCATIONGRANTS FOR EDUCATION, 1961 ACT AMENDED. No. 870 (Senate Bill No. 235). An Act to amend an Act relating to payment of education grants from State and local funds to school children, approved January 31, 1961 (Ga. L. 1961, p. 35), by repealing sections 1 through 6 of said Act and substituting in lieu thereof new sections to be numbered sections 1 through 6E so as to establish new laws relating to payment of education grants; to state the intent and purpose of this Act; to implement article VIII, section XIII, paragraph I of the Constitution of Georgia by providing for payment of State education grants from State funds and to authorize payment of supplements thereto from local funds; to prescribe the amount of each State education grant to be paid, and the purpose for which such grant may be expended; to prescribe the terms and conditions of eligibility for such grants, and the manner of payment of same; to provide for administration of this Act, and establishment of necessary forms, reports, rules and regulations necessary to efficient implementation of this Act; to limit matters that may be regulated by rules and regulations; to provide for passing upon applications by the State Superintendent of Schools and an appeal to the State Board of Education; to define words and phrases; to preclude distribution of State funds to local school systems for children receiving grants; to provide for an estimate of State funds that may be needed to pay grants, and for appropriation thereof; to provide misdemeanor punishment for knowingly making any false statement in writing under this Act, and for improperly seeking or using education grant funds for any purpose other than that authorized by this Act; to repeal an Act relating to issuance of certificates of safety from fire hazards to private schools; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act relating to payment of education

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grants from State and local funds approved January 31, 1961 (Ga. L. 1961, p. 35), be and the same is hereby amended by striking therefrom sections 1 through 6 of said Act in their entirety and substituting in lieu thereof new sections 1 through 6E inclusive, to read as follows: Sections of 1961 Act repealed. Section 1. The General Assembly of Georgia, being mindful of the primary obligation of the State of Georgia to provide an adequate education for the citizens of this State under article VIII, section I, paragraph I of the Constitution of Georgia, and mindful of the authority vested in the General Assembly under article VIII, section XIII, paragraph I of the Constitution of Georgia to discharge all obligations of the State to provide an adequate education for its citizens by providing for grants of state, county or municipal funds to such citizens for educational purposes, and being further particularly mindful of the need for a literate and informed society in all events, does hereby declare it to be the purpose and intent of this Act to encourage and aid the education of all children of this State by implementing the provisions of article VIII, section XIII, paragraph I of the Constitution of Georgia by making provision for payment of education grants from public funds, to the extent and in the manner as herein provided. Intent. Section 2. The following words and phrases as used in this Act shall, unless a different meaning is plainly required by the context, have the following meanings: (a) Parents shall mean the natural or adoptive parent(s), legal guardian, or other person(s) standing in loco parentis to or having legal custody of a child eligible and entitled to receive a State education grant under this Act who is actually paying or who will pay the tuition cost of attendance of such child at a school which qualifies such child to receive a grant pursuant to this Act. Definitions. (b) 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 adoption of the Constitution of 1877.

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Section 3. Every child between the ages of six (6) and nineteen (19) residing in this State who has not finished or graduated from high school and who is otherwise eligible and qualified to attend the elementary and secondary public schools of the local school system wherein such child resides shall, in lieu of attending the public schools of such local school system, be eligible and entitled to receive a State education grant from the State Department of Education to be expended for the purpose of paying or otherwise defraying the cost of tuition at a non-sectarian private school located in any state of the United States or a public school located outside this state but within some other state of the United States, in the amount, manner, and subject to the provisions of this Act. Children eligible. Section 4. The amount of each State education grant that may be paid under this Act per school year shall not exceed the actual amount expended or to be expended by parents in payment of the tuition cost of attendance of their child or ward at a school which by the terms of this Act qualified such child to receive such grant, or the average State cost per pupil in average daily attendance in the public schools of this State for the school year immediately preceding the school year for which the State education grant is to be paid, to be determined by dividing the statewide average daily attendance figure in the public schools of this State during the preceding school year into the total amount of State education funds allotted to all public school systems of this State for the preceding school year under the Minimum Foundation Program of Education laws (excluding State allotments for capital outlay purposes), whichever of the two sums is the lesser. Only one State education grant shall be paid on behalf of any school child eligible to receive a grant during any one school year period as defined by law. Amount of grants. Section 5. Application for State education grants shall be filed by parents of children eligible and entitled to receive grants under this Act with the superintendent of schools of the local public school system wherein such children are entitled by law to attend the public schools tuition

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free. Applications shall be made in writing in such form, manner, at such times, and shall contain such information as the State Board of Education may prescribe. Local superintendents of schools are hereby required to assist in the administration of this Act and to make such reports, perform such duties, and provide such information as the State Board of Education may from time to time prescribe. All such grants shall be paid by check payable to the order of the parents entitled thereto on executive warrants based on requisitions signed by the State Superintendent of Schools. Applications. Section 6. The State Board of Education shall prescribe reasonable rules and regulations providing for the implementation of this Act under the administration of the State Superintendent of Schools. Said Board may also prescribe all forms and reports deemed necessary for implementation of this Act. Such rules and regulations may provide for payment of State education grants in one or more installments and in such amounts and at such times as may be reasonable. Such rules and regulations may prescribe the minimum academic standards that must be met by any non-sectarian private school attended by a child in order to entitle such child to a State education grant under this Act, provided however, that such minimum academic standards as may be prescribed shall not exceed or be more stringent than the minimum academic standards applicable to the public elementary and secondary schools of this State. Such rules and regulations shall not deal in any manner with the requirements of non-sectarian private schools relating to eligibility of pupils that may be admitted thereto, or with the physical plant facilities of any private schools. Implementation of Act, rules, etc. Section 6A. All applications for State education grants filed pursuant to this Act shall be transmitted by local superintendents of schools to the State Superintendent of Schools for approval or rejection by him. The State Superintendent of Schools may require the applicant and the school which the applicant desires to attend or is attending to furnish him such information and records as may be

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deemed necessary to enable him to pass upon such application. A failure by the applicant or such school to produce all such information and records as may be requested shall be grounds for denying the application without further investigation. In the event any application is denied, the State Superintendent of Schools shall give written notice thereof by mail to the parents applying therefor. Within ten (10) days after receipt of such notice, said parents may file written request for hearing with the State Superintendent of Schools, in which event such a hearing shall be afforded in not less than thirty (30) days from the date of receipt of such request. Any parent, school or institution adversely affected by any final determination made by the State Superintendent of Schools as above provided may obtain review thereof by appeal to the State Board of Education, which appeal must be filed in writing not less than fifteen (15) days after such final determination. In all other respects, all such appeals to the Board of Education shall be made and determined in accordance with the rules and regulations of the State Board governing appeals from local boards of education. Same appeals, etc. Section 6B. School children receiving State education grants under this Act shall not be considered as being in daily attendance in any local school system of this State for the purpose of allotment and distribution of State funds under the Minimum Foundation Program of Education Act, approved February 24, 1949 (Ga. L. 1949, p. 1406), as amended. Intent. Section 6C. The State Board of Education shall include in its estimate of financial requirements to be filed with the Budget Bureau from time to time as required by law an estimate of the amount of funds that may be needed during the next appropriations period for the purpose of paying State education grants under this Act, and the General Assembly shall make adequate provision therefor in appropriating funds to the Department of Education. State Board of Education, budget, etc. Section 6D. (a) Local school systems may, at their election, utilize local education funds to supplement education

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grants being received by parents of pupils eligible to receive such grants in lieu of attending the public schools operated by such local system, said supplements to be in such uniform amount as the local board of education may determine and to be expended by parents for the purpose of paying or defraying the educational cost of attendance of such pupils at a school pursuant to provisions of this Act. All local school systems shall have the same power and authority to appropriate and utilize local education funds for the purpose of paying local supplements as such local systems now or hereafter may possess for purposes of operation of the local public schools. Local school systems. (b) Notwithstanding any provisions of law limiting the power of counties to levy taxes and appropriate funds for use in the county school system for educational purposes, or limiting the power of municipalities to levy taxes and appropriate funds for use in independent school systems for educational purposes, and in addition to any powers now granted counties and such municipalities by existing law to levy taxes and appropriate funds for educational purposes, the governing authorities of every county in this State and of every municipality authorized by law to maintain existing independent school systems, whether or not such independent school system was created before adoption of the Constitution of 1877, are hereby authorized and empowered by this Act, pursuant to authority conferred on the General Assembly by article VIII, section XIII, paragraph I of the Constitution, to appropriate and expend any available local tax funds of such county or municipality to supplement State education grants being received by parents of pupils eligible to receive such grants in lieu of attending the public schools operated by such county or municipality. Such supplements shall be in such uniform amount as may be determined by such governing authorities, and shall be expended by parents for the purpose of paying or defraying the educational cost of attendance of such pupils at a school pursuant to provisions of this Act. Taxes. Section 6E. Any person who shall knowingly make any false statement in writing on any application or form required

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or authorized under this Act, or any person who shall obtain, seek to obtain, expend, or seek to expend any education grant funds for any purpose other than in payment of or reimbursement for the costs of attendance of his child or ward at a non-sectarian private school or public school as and for the purposes as herein provided, shall be guilty of a misdemeanor and punished as provided by law. Crimes. Section 2. The provisions of this Act shall become effective as of the fiscal year commencing July 1, 1962. Section 3. An Act relating to issuance of certificates of safety from fire hazards to private schools approved February 6, 1956 (Ga. L. 1956, p. 15), and all other laws and parts of laws in conflict with this Act are hereby repealed. Prior Acts repealed. Approved March 3, 1962. RETIREMENT SYSTEM STUDY COMMITTEE. No. 253 (House Resolution No. 105). A Resolution. Creating a committee to study the various retirement systems; and for other purposes. Whereas the General Assembly has created a large number of retirement systems and similar systems covering many public officials and employees; and Whereas, it is desirable that the members of this Body be furnished information concerning the procedures used in administering these various systems and relative to the present status of and future needs of such systems; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Retirement Systems Study Committee to be composed of five members

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of the House to be appointed by the Speaker and three members of the Senate to be appointed by the President of the Senate, for the purpose of conducting a study as aforesaid on all the various retirement systems and similar systems which have been created by the General Assembly. The Committee is hereby authorized to study the laws relative thereto and relative to similar systems and the administration thereof of this and other jurisdictions. The Committee is hereby auhorized to hold hearings and to examine the records of all such systems. The Committee is hereby granted subpoena powers and such other powers as are necessary for the performance of its functions under this Resolution. All the officials and employees of all such systems are hereby directed to cooperate with said Committee in every way possible. The members shall be appointed within thirty days after the adjournment of the 1962 session, and shall meet within thirty days after all members are appointed for the purpose of organizing, electing a chairman, a secretary, and such other officers as deemed desirable and adopting procedures for its operation. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall receive the same no longer than twenty days per member unless authorized by the Speaker and the President of the Senate. The Committee shall make a report of its findings and recommendations on or before January 14, 1963, on which date the Committee shall stand abolished. 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. Approved March 6, 1962.

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GENERAL JAMES EDWARD OGLETHORPE BRIDGE DESIGNATED. No. 254 (House Resolution No. 359-755). A Resolution. Designating the new bridge over the Chattahoochee River at Columbus, Georgia as the General James Edward Oglethorpe Bridge; and for other purposes. Whereas, the new bridge spanning the Chattahoochee River at Columbus, Georgia, will cross the river at approximately a point made famous by one of the most important events in the history of Georgia; and Whereas, over two hundred and twenty years ago, General James Edward Oglethorpe made a trip from Frederica on St. Simons Island by way of Savannah, Georgia to Coweta Town on the Chattahoochee River, for the purpose of signing a treaty with the Creek Indians and other tribes for peace between the new Colony of Georgia and the Indians which brought about peace and friendship among the Indians and white settlers; and Whereas, the treaty which was signed was of such great importance that it has gone down in history as a document which helped fix the English character of the colony and was one of the most important in the history of Georgia; and Whereas, General Oglethorpe crossed the river near the site of the new bridge and it would be a fitting tribute to commemorate this most important event in the history of the Sovereign State of Georgia by designating said bridge as the General James Edward Oglethorpe Bridge. Now, therefore, be it resolved by the General Assembly of Georgia that the new bridge over the Chattahoochee River at Columbus, Georgia is hereby designated as the

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General James Edward Oglethorpe Bridge, and the State Highway Department is hereby authorized and directed to place proper plaques and markers so designating said bridge. The State Historical Commission is hereby requested to place a commemorative historical marker adjacent to the entrance of said bridge. Be it further resolved that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to the Chairman of the State Highway Board, to the Mayor of the City of Columbus, and to the Chairman of the Board of Commissioners of Muscogee County. Approved March 6, 1962. MONUMENT TO HONOR THE LAST CONFEDERATE VETERAN. No. 255 (House Resolution No. 368-766). A Resolution. Relative to the monument to honor the last Confederate Veteran; and for other purposes. Whereas, the United Daughters of the Confederacy and the Sons of Confederate Veterans are sponsoring the placing of a monument at Gettsburg to honor the memory of the last Confederate Soldier to die; and Whereas, eleven Southern States are being requested to participate in this most honorable project; and Whereas, a monument honoring the last Union Soldier was placed at Gettysburg in 1957 and it is only fitting and proper that a Confederate Monument be placed at Gettysburg; and Whereas, Mrs. Forrest E. Kibler represents the United Daughters of the Confederacy and Mr. Carlon Carter

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represents the Sons of Confederate Veterans in this project; Now, therefore, be it resolved by the General Assembly of Georgia that the State of Georgia participate in the placing of a monument at Gettysburg to honor the last Confederate Veteran who died. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein. The Secretary of State is hereby authorized to work with and delegate his authority in this matter and provide the necessary funds, with the approval of the Budget Bureau as provided hereinafter, to Mrs. Forrest E. Kibler and Mr. Carlon Carter. The Budget Bureau is hereby authorized and directed to provide the necessary funds to carry out the purposes of this Resolution, including all costs connected with Georgia's portion for purchasing the Monument which is three [Illegible Text] ($3,000) dollars, plus all costs involved in the dedication ceremonies, such as programs, invitations, transportation, and other expenses. Approved March 6, 1962. BUSTS HONORING FOUR CHIEF JUSTICES. No. 256 (House Resolution No. 369-766). A Resolution. Relating to the placing of four busts of Chief Justices in the State Judicial Building; and for other purposes. Whereas, the rotunda of the State Judicial Building contains four niches which were planned so that busts of prominent members of the Judiciary could be placed therein; and Whereas, the Georgia Hall of Fame Committee has made an exhaustive study of this project and has recommended that four of the outstanding late Chief Justices of the Georgia Supreme Court should be honored; and

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Whereas, the learned members of the Judiciary are as follows: (1) Joseph Henry Lumpkin, Associate Justice, 1845-1866, Chief Justice, 1866-1867. (2) James Jackson, Associate Justice, 1875-1880, Chief Justice, 1881-1887. (3) Logan E. Bleckley, Associate Justice, 1875-1880, Chief Justice, 1887-1894. (4) Richard Brevard Russell, Associate Judge, Court of Appeals, 1907-1913, Chief Judge, Court of Appeals, 1913-1916, Chief Justice, 1923-1938; and Whereas, it is fitting and proper that the busts of these four great Chief Justices be placed in the Judicial Building in order that their memories might be enshrined in the Hall of Justice; Now, therefore, be it resolved by the General Assembly of Georgia that the four busts as aforesaid be placed in the State Judicial Building. The Secretary of State is hereby authorized to conduct all the necessary matters relative to the purposes set out herein and the Georgia Hall of Fame Committee shall act in an advisory capacity. The Georgia Hall of Fame Committee shall be authorized to select the sculptor for this project, provided that should there be any Georgia sculptor, or sculptors, considered qualified for this project by the Georgia Fine Arts Commission, then the Commission for this project shall be awarded to a Georgian. The Budget Bureau is hereby authorized and directed to provide the necessary funds to carry out the purposes of this Resolution, including all costs connected with the busts and all costs involved in the dedication ceremonies, such as programs, invitations, transportation, and other expenses. Provided, however, that such costs do not exceed $20,000.00. Approved March 6, 1962.

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OPENING OF PERIMETER ROAD AROUND OKEFENOKEE SWAMP. No. 257 (House Resolution No. 384-793). A Resolution. To propose opening to the public the primeter road around the Okefenokee Swamp and the sealed dam at the mouth of the Suwannee River; and for other purposes. Whereas, the Okefenokee Swamp, one of Georgia's most beautiful, picturesque, and mysterious sights, could be more easily visited, studied, and enjoyed by the public if the perimeter road around the Okefenokee and the sealed dam at the mouth of the Suwannee River were opened to public use and enjoyment; and Whereas, such road and dam are easily reached by the public, and the opening thereof would greatly increase the flow of natives and tourists; and Whereas, the opening of such road and dam to the public would in no way hinder or detract from the purposes for which they were built. Now, therefore, be it resolved by the General Assembly of Georgia to prevail upon our congressional delegation to the Congress of the United States to propose and commence such action which can and will open up said road and dam to public use. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to send appropriate copies of this Resolution to each Georgia senator and representative in the Congress of the United States. Approved March 6, 1962.

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LAND CONVEYANCE TO TOWN OF STAPLETON. No. 259 (House Resolution No. 430-907). A Resolution. Authorizing the conveyance of certain property to the Town of Stapleton; and for other purposes. Whereas, by deed dated February 9, 1957, the Town of Stapleton in Jefferson County, Georgia conveyed certain described property to the State Highway Department of Georgia for use as a maintenance lot; and Whereas, due to the fact that the deed contained a reversion clause, the State Highway Department refused to accept such property; and Whereas, the deed, however, was recorded in the office of the clerk of the superior court of Jefferson County and cast a cloud on the title of said property; and Whereas, the Town of Stapleton desires that this cloud be removed; Now, therefore, be it resolved by the General Assembly of Georgia that due to the foregoing facts, the below described property is hereby declared surplus and the chairman of the State Highway Board, acting for and on behalf of the State Highway Department of Georgia and the State of Georgia, is hereby authorized to convey by quitclaim deed to the Town of Stapleton, the property described in the aforesaid deed as follows: That tract or parcel of land lying and being in the State of Georgia, County of Jefferson, 1460th Dist. G. M., Town of Stapleton, Georgia containing three hundred forty (340) feet running east from the west and south boundaries; two hundred seventy (270) feet running north from the south and east boundaries; three hundred forty feet (340) feet running west from the east and

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north boundaries; two hundred seventy (270) feet running south from the north and west boundaries (making approximately 1.89 Acre's), bounded as follows: On the west by lands of Leon J. Peebles; Mrs. Neva A. McNair and James Lee Hobbs; south by a forty foot street; east by lands of Mrs. Lavada Harden Brown; north by lands of Mrs. Lavada Harden Brown, together with all the rights and privileges thereunto belonging so long as State Highway Department shall use said property. (In the event said State Highway Department of Georgia shall not use said property or discontinue the use of said property, said property shall revert back to Town of Stapleton, Georgia). Be it further resolved that the clerk of the house is hereby instructed to transmit a copy of this Resolution to the chairman of the State Highway Board, the mayor of the Town of Stapleton and the clerk of the Superior Court of Jefferson County. Approved March 6, 1962. CRIMINAL LAW STUDY COMMITTEE. No. 260 (House Resolution No. 446-915). A Resolution. To amend a Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. L. 1961, p. 96), so as to clarify provisions relating to members, service and funds; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia that the Resolution creating the Criminal Law Study Committee, approved March 7, 1961 (Ga. L. 1961, p. 96), is hereby amended by striking from the first paragraph after the preamble, the following:

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Said Committee shall consist of fourteen members, as follows: Three members of the Senate, to be appointed by the Lieutenant Governor; and inserting in lieu thereof the following: Said Committee shall consist of sixteen members, as follows: Five members of the Senate, to be appointed by the Lieutenant Governor, and the two additional members of the Senate shall be the two Senators who have been meeting and working with the Committee by virtue of appointments under the authority of the President of the Senate. Be it further resolved that said Resolution is further amended by striking from the next to the last paragraph thereof the following: 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. Be it further resolved that said Resolution is further amended by striking the last paragraph in its entirety and inserting in lieu thereof a new paragraph to read as follows: The Committee is hereby authorized to appoint subcommittees 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. All members of the Committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The legislative members and the members

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from the Georgia Bar Association shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government. The member from the Superior Court Judges Association, the member from the Solicitors General Association, the member from the City Court Judges Association, and the member from the City Court Solicitors Association, city courts having been declared adjuncts of the superior court, shall receive the above from the funds appropriated for the cost of operating the superior courts. In the event any member ceases to be a member of any official group or agency, as provided herein, such member shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government, it previously having been provided herein that the persons originally appointed as members of the Committee shall remain as members of the Committee until the completion of its work. All funds, except as provided hereinabove, which are necessary to effectuate the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of the Government and from any other available funds. Be it further resolved that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. SCHOOL BUS DRIVERS RETIREMENT STUDY COMMITTEE. No. 263 (House Resolution No. 450-916). A Resolution. Relative to school bus drivers; and for other purposes. Whereas, almost all State, county and local officials and employees are covered under some form of a State or State created retirement system; and

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Whereas, school bus drivers, with the exception of some who are under Social Security, are not covered by any form of retirement system; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee of five, three members of the House to be named by the Speaker, and two members of the Senate to be named by the President, for the purpose of making a study and investigation into the possibility of school bus drivers being covered under the provisions of the State Employees' Retirement System or the State Teachers' Retirement System. The committee shall investigate the costs involved and the feasibility of providing for retirement coverage for the school bus drivers. The members of the committee created by this Resolution shall have ten (10) days each member for carrying out the purposes of this Resolution. The members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The committee shall make a report of its findings and recommendations to the 1963 session of the General Assembly on or before January 20, 1963, on which date the committee shall stand abolished. The funds necessary for carrying out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government. Approved March 6, 1962. MUNICIPAL STUDY COMMITTEE. No. 265 (House Resolution No. 459-922). A Resolution. Creating a joint interim committee of the House and Senate to be known as The Municipal Study Committee, for the purpose of inquiring into the needs and problems of the incorporated municipalities of the State; to provide for the composition, organization, duties, compensation

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and staff of the committee; to provide for proceedings, hearings and reports; to provide for clerical and research assistance for the committee and payment of expenses; and for other purposes. Whereas, the Federal Decennial Census of 1960 revealed that a majority of the citizens of Georgia reside within incorporated municipalities; and, Whereas, the rising urban population is casting many demands and problems on the municipal governments of this State; and, Whereas, municipal corporations, traditionally, have been created by the General Assembly to provide certain services and perform certain functions peculiarly to densely settled areas; and, Whereas, the present laws governing the powers, duties and responsibilities of municipalities, and the relationship of municipalities to State Government and other political subdivisions should be re-examined in the light of present conditions; Now, therefore, be it resolved by the General Assembly: Section 1. There is hereby created a joint committee of the House and Senate, to be known as the Municipal Study Committee, to be composed of three members from the House to be appointed by the Speaker of the House, and two members from the Senate to be appointed by the President of the Senate. The committee shall convene and organize by electing a chairman as soon as possible after adjournment. Created. Section 2. Said committee shall have broad powers to inquire into any area of municipal government, but shall particularly look into the areas of adequacy of financial sources for operating municipal governments, and possible municipal participation in State collected taxes;

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the problem of attaining orderly growth and expansion of municipalities and the adjustment of municipal boundaries; the adequacy of present laws applicable to all municipalities pertaining to the exercise of reasonable authority to control local affairs; and the intergovernmental relationship of municipalities to the State and other political subdivisions. Duties. Section 3. Said committee is given the authority to conduct hearings and to cooperate with any agency, association or institution to secure information helpful in furthering its purposes. The committee shall present its report to the 1963 General Assembly. Said report to reflect its findings and recommendations as to desirable legislation or other action desirable relating to its areas of investigation. Unless continued by law, said committee shall dissolve upon presentation of its report to the 1963 General Assembly. Hearings, etc. Section 4. The committee shall receive such per diem and expenses as authorized interim committees, and is authorized to employ such full or part time clerical workers and other personnel as necessary to the proper conduct of its functions, and is authorized to expend funds for procuring necessary information, reports and other data. Section 5. All funds herein authorized to be expended by the committee, including per diem and expenses, shall be paid from funds appropriated by law for operation of the General Assembly, upon certification to the State Treasurer by the chairman. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962.

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LAND CONVEYANCE TO CITY OF AMERICUS. No. 267 (House Bill No. 494-968). A Resolution. Authorizing the transfer of certain real property located in Americus, Sumter County, Georgia. Whereas, the State of Georgia is the owner by virtue of a deed vesting title in the State of Georgia, Department of Public Safety to certain real property and improvements thereon located in Americus, Sumter County, Georgia; and Whereas, said real property is fully described as follows: That certain city lot with all improvements thereon in the City of Americus, Sumter County, Georgia, which is more particularly described as follows: Commencing on the east side of McGarrah Street at a point two hundred forty-five (245) feet south of the southeast intersection of McGarrah and Allen Streets in said city and running slightly north of east a distance of two hundred twenty-five (225) feet; thence slightly southeast a distance of one hundred ten (110) feet; thence slightly southwest a distance of two hundred twenty-five (225) feet to McGarrah Street; thence north along the east side of McGarrah Street a distance of one hundred ten (110) feet to point of beginning.; and Whereas, the deed vesting title to the above described tract or parcel of land in the State of Georgia, Department of Georgia, Department of Public Safety is recorded in deed book 24, page 576 of the deed records of Sumter County; and Whereas, said deed contains a reversionary clause which reads as follows: It is fully agreed and understood, however, by the

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first and second parties hereto that this property is to be used exclusively by the Department of Public Safety, its successors, or any other department, board, bureau or agency of the State performing the activities which are now being performed or similar to those now being performed by the Department of Public Safety and in the event of a violation of this restriction said property to revert to the grantor (herein referred to as party of the first part) upon his payment of the purchase price, stipulated above, plus amount of approved improvements. Such improvements not to exceed $1,500.00 thereby making the repurchase value not to exceed $2,500.00. Proof of such improvements on said property shall be paid invoices of bills presented by the Department of Public Safety.; and Whereas, the City of Americus and Sumter County have undertaken and are undertaking to bear the expense of locating a new State Patrol Headquarters Building and Barracks on land which has or will be transferred to the State of Georgia; and Whereas, the Headquarters Building and Barracks for Post 10 of the Uniform Division of the Department of Public Safety was originally located on the real property described herein and the new Headquarters Building and Barracks for Post 10 including real property on which such building and barracks are located was furnished to the State of Georgia by the City of Americus and Sumter County; and Whereas, said new Headquarters Building and Barracks of Post 10 have been occupied by the Uniform Division of the Department of Public Safety and the real property and improvements located thereon as described in this Resolution has been abandoned and is surplus and except for the fact that the City of Americus has not paid to the State of Georgia the sum of $2,500.00, said described real estate and said improvements thereon have not reverted to the City of Americus; and Whereas, the City of Americus has paid many times

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the sum of $2,500.00 as its share of the undertaking of the City of Americus and the County of Sumter in furnishing real property upon which to construct a new headquarters and barracks and in building and constructing a new headquarters and barracks for Post 10 for the Uniform Division of the Department of Public Safety; and Whereas, considering the facts and circumstances as set out in this Resolution it would not be equitable, just, fair or right to now require the City of Americus to pay an additional $2,500.00 before the title to the property described in this Resolution would revert to the City of Americus; and Whereas, the property described in this Resolution should be transferred to the City of Americus without the payment of any additional consideration whatsoever. Now, therefore, be it resolved by the General Assembly that because of the undertaking of the City of Americus and the County of Sumter in furnishing the real property and in building and constructing the new barracks for Post 10 of the Uniform Division of the Department of Public Safety and because of the fact that the portion of such undertaking which was assumed by the City of Americus is many times $2,500.00 and because of the fact that the real property and the improvements located thereon as described in this Resolution are now surplus and the State of Georgia has aquiesced in the undertaking of the City of Americus in that the Uniform Division of the Department of Public Safety is actually occupying the new headquarters building and barracks, the Governor, acting for and on behalf of the State of Georgia, be and he is hereby authorized and empowered to convey, the deed or other written instrument of conveyance, all of the right, title and interest which the State of Georgia has or may have to the tract or parcel of real property and the improvements located thereon as described in this Resolution and which is described as follows: That certain city lot with all improvements thereon

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in the City of Americus, Sumter County, Georgia, which is more particularly described as follows: Commencing on the east side of McGarrah Street at a point two hundred forty-five (245) feet south of the southeast intersection of McGarrah and Allen Streets in said city and running slightly north of east a distance of two hundred twenty-five (225) feet; thence slightly southeast a distance of one hundred ten (110) feet; thence slightly southwest a distance of two hundred twenty-five (225) feet to McGarrah Street; thence north along the east side of McGarrah Street a distance of one hundred ten (110) feet to point of beginning. Approved March 6, 1962. LAND CONVEYANCE TO COOK COUNTY. No. 268 (House Resolution No. 503-981). A Resolution. Authorizing a land conveyance to Cook County; and for other purposes. Whereas, Cook County deeded to the State of Georgia a certain tract of land upon which the State was to erect a State Park; and Whereas, through error a larger tract of land was conveyed to the State than was intended; and Whereas, this excess tract of land is surplus to the State of Georgia and is of no use for State purposes; and Whereas, said tracts of land are more fully described as follows: All that tract or parcel of land containing two tenths of a acre, more or less, situated, lying and being in lot of land No. 244 in the ninth land district of Cook County,

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Georgia, and described as follows: Beginning at the point at which lands of Mr. Sallie R. Southerland corner with lands of the State of Georgia, on the north margin of the Sparks to Rountree Bridge Roads, go north 7 degrees 50 minutes west 279.8 feet; thence south 77 degrees 47 minutes east 66 feet; thence southerly 266.5 feet to the point of beginning, being a triangular shaped tract or parcel of land containing two tenths of an acre as shown on the copy of a plat hereto attached. Also, all that tract or parcel of land containing four tenths of an acre, more or less, of lot of land No. 244 in the ninth land district of Cook County, Georgia, described as follows: Beginning at the eastern terminus of the northern-most boundary line of lands of the State of Georgia, in said lot, go south 77 degrees 31 minutes west 438.8 feet; thnce north easterly 223.7 feet; thence south easterly 264 feet to the point of beginning being a triangular shaped tract or parcel of land containing four tenths of an acre as shown on the copy of a plat hereto attached. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized and directed to execute the appropriate instruments on behalf of the State of Georgia to reconvey the above described tracts of land to Cook County. Approved March 6, 1962. See Plat attached to Enrolled Resolution.

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MANSION SITES COMMISSION. No. 269 (House Resolution No. 558-1072). A Resolution. Relative to the Mansion Sites Commission; and for other purposes. Whereas, the Mansion Sites Commission is in need of additional time within which to complete the functions for which it was created; and Whereas, it is to the best interest of the State that no hasty action be taken with regards to the property which is the subject matter of the study of the commission. 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. The Chairman of the House State Institutions and Property Committee is hereby added as a member of the commission. In addition to other functions and duties previously assigned, the commission is hereby authorized to cause studies to be made of the existing buildings on the subject property in order to better recommend action to the General Assembly. The commission is authorized to utilize for such purposes such funds as shall be made available by the Budget Bureau. The commission shall make a report of its findings and recommendations on or before February 1, 1963, on which date the commission shall stand abolished. Approved March 6, 1962.

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LAND CONVEYANCE TO UNITED STATES. No. 270 (House Resolution No. 583-1126). A Resolution. Authorizing the Governor to transfer certain islands lying in the Tugaloo River adjacent to the counties of Hart, Franklin and Stephens to the United States of America; and for other purposes. Whereas, by virtue of Public Laws 534, 78th Congress of the United States of America, and 516, 81st Congress of the United States of America, the United States of America authorized the construction of the Hartwell Dam and Reservoir Project on the Savannah River; and Whereas, said dam will impound the waters of the Tugaloo and Savannah Rivers adjacent to the counties of Hart, Franklin and Stephens and cover several small isolated islands in the Tugaloo River which the United States Government deems advisable to obtain for the purposes of said project; and Whereas, said islands lie within the territorial limits of the State of Georgia and are State lands; and Whereas, none of these islands contain more than two acres and have never been, nor are likely to be used for State purposes for the reason that they are mostly sandbars and rocky outcropings with little or no vegetation, subject to flooding during high-water stages of the river; and Whereas, due to the composition of such islands as determined by inspection, they are of no financial or pecuniary interest to the State for the State purposes; and Whereas, under existing law the islands must be declared surplus to the State of Georgia before the Governor may execute a deed of conveyance.

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Now therefore, be is resolved by the House of Representatives, the Senate concurring, that all such islands lying in the Tugaloo River adjacent to the counties of Hart, Franklin and Stephens and within the Hartwell Dam and Reservoir area, not exceeding two acres in area each, are determined to be surplus to the State of Georgia and that the Governor is empowered, authorized and directed to execute in behalf of the State of Georgia, any and all necessary contracts or agreements, if in judicial proceedings, any stipulations with the United States of America, and to execute and deliver with respect to the interests of the State of Georgia therein, all necessary deeds, easements, or other conveyances for a nominal consideration which may be required to vest title into the United States of America. Approved March 6, 1962. MONUMENT TO HONOR BUTTON GWINNETT. No. 271 (House Resolution No. 593-1147). A Resolution. Relating to the erection of a monument to Button Gwinnett; and for other purposes. Whereas, Button Gwinnett was a signer of the Declaration of Independence of Georgia, and prior to the Union, was President of the sovereign and independent State of Georgia, and Whereas, he died in the year 1777 and was buried in the City of Savannah, and Whereas, said city has appropriated and paid over a duly constituted commission of said city funds to be used in erecting a monument commemorative of Button Gwinnett and has authorized said commission to solicit

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additional contribution to a fund for said purpose, which fund, in the aggregate contributed and pledged, now exceeds the sum of five thousand dollars ($5,000.00), and Whereas, the Georgia Society of the Daughters of the American Revolution, the Georgia Society of the Sons of the Revolution, the Georgia Society of the Colonial Dames of America and the Society of Colonial Wars in the State of Georgia have each, by formal action, pledged funds for said purpose, and Whereas, Mrs. Samuel M. Merritt, State Regent of the Daughters of the American Revolution and Mr. Basil Morris, President of the Sons of the Revolution in Georgia, Mrs. Robert V. Martin, Jr., President of the Society of Colonial Dames in Georgia, and Mr. Thomas H. Gignilliat, Governor of the Society of Colonial Wars in Georgia, have petitioned the General Assembly of Georgia to participate with their Societies and with the City of Savannah in the erection of a fitting memorial to this outstanding Georgia patriot; Now, therefore, be it resolved by the General Assembly of Georgia that a monument be erected to the memory of Button Gwinnett in the Colonial Cemetery in Savannah; that the Budget Bureau be and is hereby authorized and directed to provide the sum of five thousand ($5,000.00) dollars toward the erection of said monument; that the Secretary of State is hereby authorized to conduct all matters necessarily incident to the purposes herein set forth and that he be authorized to collaborate with, delegate his authority to and pay over to the Savannah-Chatham County Historic Site and Monument Commission the funds hereby provided and that the Budget Bureau is hereby authorized and directed to provide in addition to said sum of five thousand dollars ($5,000.00) the funds necessary and appropriate to the dedication ceremonies such as programs, invitations, transportation and other expenses. Approved March 3, 1962.

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ACQUISITION OF WESLEYAN CONSERVATORY PROPERTY. No. 272 (House Resolutions No. 614-1163). A Resolution. Relative to Wesleyan College; and for other purposes. Whereas, Wesleyan College was the first chartered college for women in the world, and the first diploma ever awarded to a woman at said college was awarded at a building now known as Wesleyan Conservatory; and Whereas, attempts have been made in the past to acquire Wesleyan Conservatory property in Macon, Georgia, for use as a historical shrine but such attempts have not been successful; and Whereas, at the present time there looms the definite possibility that unless the State takes immediate steps to acquire such property it will be obtained by other interests and the historic buildings will be razed; and Whereas this property could be made into one of the outstanding tourist attractions of the entire country and would be an invaluable asset to the State of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, the Attorney General, and the State Auditor, acting as the Properties Acquisition Committee, are hereby authorized to negotiate for the acquisition of the aforesaid Wesleyan Conservatory property in Macon, and upon such acquisition that same be turned over to the Georgia Historical Commission for use as a historical site. The Historical Commission shall take the necessary steps to preserve the present buildings and make the necessary repairs to do so. In the event no appropriation is provided for the purpose, the Budget Bureau is hereby authorized to make available the necessary funds for the acquisition of such property.

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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 the Governor, the Attorney General and the State Auditor. Approved March 3, 1962. BUDGET STUDY COMMITTEE. No. 273 (House Resolution No. 644-1217). A Resolution. Creating a committee to study budgetary, financial and fiscal affairs and related matters; and for other purposes. Whereas, the 1961 Budget Study Committee has performed a monumental task and has presented a report to the Governor, the General Assembly of this State which represents months of studious and painstaking work and through research; and Whereas, said committee has performed an outstanding service to this State and has presented recommendations, which, if adopted, will immeasurably advance the cause of fiscal responsibilities of State government; and Whereas, the committee has presented proposed legislation embodying many of its recommendations; and Whereas, the committee has recommended that a similar study committee be appointed in 1962 to make a continuing study of such matters so that a further report might be presented to the 1963 General Assembly; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a committee, to be composed of four members of the General Assembly, to

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be appointed by the Governor; four members of the Senate, to be appointed by the President of the Senate; and seven members of the House, to be appointed by the Speaker of the House for the purpose of continuing studies pertaining to the Budget; pre-auditing; accounting; collection of funds; Authority financing and administration; the advisability of having engineers to check performance and materials; the procedures with regard to capital outlay budgets, and all other related matters. All the members of the committee shall be appointed within thirty (30) days after the approval of this Resolution by the Governor, or after it otherwise becomes law. The members of the committee shall meet within thirty (30) 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 effectively perform its duties, the committee is hereby authorized to employ clerical, technical and other help and to fix the compensation therefor. The committee is also authorized to obtain materials, supplies and equipment for the purpose of carrying out its duties hereunder. The members are hereby authorized to travel both within and without the State of Georgia. All members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The funds necessary to carry out the provisions 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, to the General Assembly and such other persons as deemed advisable by the committee on or before the convening date of the 1963 session of the General Assembly of Georgia, on which date the committee shall stand abolished. Approved March 6, 1962.

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ELECTION LAWS STUDY COMMITTEE. No. 274 (House Resolution No. 661-1254). A Resolution. Amending a resolution creating the Election Laws Study Committee, approved March 28, 1961 (Ga. L. 1961, p. 276), so as to remove the provisions relating to time; and for other purposes. Whereas, the Election Laws Study Committee, created in 1961, has made a report to the General Assembly accompanied by proposed legislation; and Whereas, the report has shown that the monumental task assigned to the committee could not possibly be achieved in the period of twenty days allotted to the committee; and Whereas, it is desirable that the committee be authorized sufficient time in which to perform its duties; Now, therefore, be it resolved by the General Assembly of Georgia that the resolution creating the Election Laws Study Committee, approved March 28, 1961 (Ga. L. 1961, p. 276), is hereby amended by striking therefrom the following: Provided, however, that said committee shall be limited to a total time of twenty (20) days for the purposes herein set forth. Approved March 6, 1962.

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SUSPENSION OF STATE TAX ON BIBLES, ETC. RATIFIED. No. 275 (House Resolution No. 709). A Resolution. To ratify, approve, and confirm the executive order of the Governor, dated March 7, 1961, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the executive order of the Governor, dated March 7, 1961, which is as follows: Whereas: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof due the State until the next meeting of the General Assembly; It is, therefore, ordered that the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly. This 7th day of March, 1961, to be effective as of March 7, 1961. /s/ S. Ernest Vandiver, Governor. is hereby ratified, approved, and confirmed. Section 2. All laws, or parts of laws, in conflict with this resolution are hereby repealed. Approved March 6, 1962.

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COMMENDING STATE EMPLOYEES. No. 276 (House Resolution No. 712). A Resolution. To express appreciation to the many faithful, devoted and conscientious public servants and employees of the State of Georgia, who unselfishly and without thought of remuneration give of their time, talents and abilities to the various civics, religious, fraternal, patriotic and veterans' organizations of this State and county: Whereas, most of these activities are done on the offhours and during week-ends, and Whereas, these efforts have resulted in making better citizens, better laws and a better country, and Whereas, an interest in affairs of a civic nature and a fraternal nature should be encouraged in a Democratic country; Now, therefore, be it resolved that the General Assembly of the State of Georgia recognize and commend those State employees and officials who are active in civic, fraternal, patriotic and veterans groups and do urge the department heads and supervisory personnel to cooperate and extend consideration in allowing their employees to participate in these types of organizations and activities so long as they do not impair the efficiency of their departments of Government, and Resolved further that State employees be encouraged to participate in all worthwhile civic and state wide projects relating to improvement and furtherance of democracy and good government, and that a copy of this Resolution be made a part of the Acts and Resolutions of the Georgia laws of 1962. Approved March 6, 1962.

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HEALTH CODE STUDY COMMITTEE. No. 277 (Senate Resolution No. 150). A Resolution. Creating a committee to study the Health Code; and for other purposes. Whereas, Senate Bill 204 providing for a new Code of Health laws has been introduced at the 1962 session of the General Assembly; and Whereas, a tremendous amount of work and effort has gone into the preparation of such Code, but due to the fact that it is so voluminous it is felt that the members have not had sufficient time to acquaint themselves with its contents; and Whereas, it is desirable that the time, effort and energy involved in the preparation of this Code not be wasted, but that additional study be made so that the members of the next General Assembly may be better acquainted therewith; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Health Code Study Committee to be composed of three members of the Senate, to be appointed by the President, and five members of the House, to be appointed by the Speaker, for the purpose of studying the aforesaid Health Code. The members shall be appointed within 60 days after the adjournment of the 1962 session and shall meet within 30 days after all members have been appointed for the purpose of organizing, electing a Chairman, a Secretary, and such other officers as deemed desirable. The committee shall adopt its own procedures for its operation. The members shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees, but shall receive the same for not to exceed 10 days each member. The funds necessary to carry out the provisions of this Resolution shall come

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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 on or before December 1, 1962, on which date the committee shall stand abolished. Approved March 6, 1962. POLICE WEEK AND PEACE OFFICERS MEMORIAL DAY DESIGNATED. No. 278 (Senate Resolution No. 111). A Resolution. Designating Police Week and Peace Officers Memorial Day; and for other purposes. Whereas, the Congress of the United States by joint resolution has designated the week of May 13-19, 1962 as Police Week and May 14, 1962 as Peace Officers Memorial Day, which resolution reads as follows: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That the week of May 13-19, 1962, is hereby designated as Police Week, in recognition of the contribution the police officers of America have made to our civilization through their dedicated and selfless efforts in enforcing the laws of our cities, counties, and States and of the United States regardless of the peril or hazard to themselves, and May 14th is hereby designated as Peace Officers Memorial Day in honor of the Federal, State, and municipal peace officers who have been killed or disabled in line of duty. Through their enforcement of our laws our country has internal freedom from fear of the violence and civil disorder that is presently affecting other nations. To this end the President is authorized and requested

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to issue a proclamation inviting the people of the United States to observe such period, with appropriate ceremonies and activities as a tribute to the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws and to honor those who have lost their lives in service to the community.; and Whereas, the welfare of the State of Georgia and the welfare of its peace officers are inseparable; and Whereas, many loyal and dedicated peace officers have been killed or disabled during the performance of their official duties; and Whereas, it is only fitting and proper that the peace officers of Georgia and of this nation be honored for their outstanding services and devotion to duty, and their loyalty to the ideals of this country; Now, therefore, be it resolved by the General Assembly of Georgia that the week of May 13-19, 1962 is hereby designated as Police Week and May 14, 1962 as Peace Officers Memorial Day, and all the citizens of this State are hereby urged to observe said week and particularly said day in the proper manner and with appropriate ceremonies in order to show their appreciation for the guardians of law and order, who protect our lives and property. Be it further resolved that the Secretary of the Senate is hereby instructed to transmit a copy of this resolution to the Governor and the Governor is hereby requested on behalf of the State of Georgia, to arrange for appropriate observance of the above dates. Approved March 6, 1962.

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GEORGIA HOUSING ADMINISTRATION COMMITTEE. No. 279 (Senate Resolution No. 102). A Resolution. Whereas, the General Assembly of Georgia believes that housing and an adequate supply thereof, on a sound economic basis, is important to the health and welfare of the people of this State; and Whereas, an adequate supply of housing is available to the public only when the loans for the construction thereof are capable of being insured by either an agency of the government or other entity of sufficient size and financial responsibility to make the insurance of that entity acceptable to lending institutions who furnish the source of supply of housing money; and Whereas, the Federal government has, through the Federal Housing Administration and other similar agencies demonstrated that a governmental entity can assist the public in acquiring housing without cost to the taxpayers in general; and Whereas, the General Assembly of Georgia believes that the State of Georgia has an obligation to the citizens of this State to exercise all of its power to insure adequate housing; and Whereas, the General Assembly of Georgia is also committed to the principle of States' Rights, which necessarily embraces State responsibility; Now, therefore, be it resolved by the General Assembly of Georgia that a committee composed of twelve (12) members is hereby created, the membership of which shall be constituted as follows: 3 members of the Senate to be appointed by the Lieutenant Governor;

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5 members of the House to be appointed by the Speaker; 4 members to be appointed by the Governor, 1 each from persons engaged in construction of housing, financing of housing construction, suppliers of building materials and mortgage bankers. Said committee shall immediately convene, investigate the feasibility of creating a Georgia Housing Administration and report back to the 1963 Regular Session of the General Assembly of Georgia: 1. The feasibility of the creation of such an agency; 2. If feasible, such legislation as to be necessary and desirable to implement the same. Be it further resolved that the members of the committee created by this Resolution shall have fifteen (15) days each member for carrying out the purposes of this Resolution and the members of the committee shall receive the compensation, per diem, expenses and allowances authorized for members of interim legislative committees. The funds necessary to carry out the purposes of this Resolution shall come from funds appropriated to or available to the Legislative Branch of Government. Be it further resolved that said committee shall make its report on or before January 15, 1963 and said Committee shall stand abolished as of that date. Approved March 6, 1962.

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AID TO DISABLED ACT AMENDED. No. 879 (House Bill No. 341). An Act to amend an Act approved February 4, 1952, known as the Aid to the Disabled Act, so as to provide for a physical examination of an applicant for assistance under this Act; so as to provide that the State Department of Public Welfare shall make the determination as to whether or not an applicant for assistance under this Act meets the medical requirements for disability as prescribed by the rules and regulations of said department, and that the decision by said department shall be final and binding upon the counties and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. The assistance to the Disabled Act approved February 4, 1952 (Ga. L. 1952, pp. 15-19), is hereby amended by inserting the following section in its appropriate place: Whenever a county receives an application for assistance under this Act the county shall cause to be made a physical examination of the applicant and the results thereof recorded by the examining physician on forms furnished by the Welfare Department. Upon receipt of the form from the examining physician the county department shall forward it to the State Department of Public Welfare whose duty it shall be to review the medical information contained thereon and determine therefrom whether the applicant meets the medical requirements for assistance under this Act. When said decision has been made by the State Department of Public Welfare the county department will be notified and bound thereby. Medical examinations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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CRIMESUTTERING WORTHLESS CHECKS, ETC. Code 13-9933 Amended. No. 880 (House Bill No. 358). An Act to amend Georgia Code section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, which prescribes the punishment therefor, and which provides certain presumptions as to intent, so as to enact a new section 13-9933 which will prohibit the obtaining of money, goods, or other property of value, or the payment of any obligation for wages, salary, by means of making, drawing, uttering, or delivering a worthless check, draft, or order for the payment of money; to provide the punishment for violation of this Act; to provide certain rules of evidence and presumptions in prosecutions hereunder; to provide certain rules of evidence and presumptions in civil actions arising out of arrest or prosecution hereunder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-9933, as amended, which prohibits the making or delivery of a worthless check, draft or order for the payment of money, which prescribes the punishment thereof, and which provides certain presumptions as to intent, is hereby amended by striking said section 13-9933 in its entirety and substituting in lieu thereof a new section 13-9933 which shall read as follows: Section 13-9933 - (a) Any person, who with intent to defraud, shall obtain any money, goods, or other property of value, or who shall pay any obligation for wages or salary, by making, drawing, uttering, or delivering any check, draft, or order for the payment of money on any bank or other depository, knowing at the time of such making, drawing, uttering, or delivery that the maker of such check, draft, or order has either no funds or insufficient funds on deposit in or credit with such bank or other depository with which such check, draft, or order and all other checks,

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drafts, or orders upon such funds or credit then outstanding, may be paid in full on presentation, or who, after having made, drawn, uttered, or delivered any such check, draft, or order, shall withdraw or cause to be withdrawn, the funds or credit or any part thereof, to the credit of the maker of such check, draft, or order, knowing at the time of such withdrawal that insufficient funds or credit have been left with such bank or other depository to pay such check, draft, or order, and all other checks, drafts, or orders upon such funds or credit then outstanding in full on presentation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed by Code section 13-9937. The word credit as used herein shall be construed to mean an arrangement or understanding with the bank or depository for the payment of such checks, drafts or orders then outstanding. Crimes (b) In any prosecution for the violation of this section, proof of the drawing, uttering, or delivery of such a check, draft, or order, payment of which is refused by the bank or other depository on which drawn because of either no funds or insufficient funds to the credit of the maker of such instruments, or credit available to the maker, shall be prima facie evidence of such maker's knowledge of no funds or insufficient funds or credit in such bank or other depository. Presumption. (c) If payment of any check, draft, or order for the payment of money, be refused by the bank or other depository upon which such instrument is drawn, and the person who made, drew, uttered, or delivered such instrument, be arrested or prosecuted under the provisions of this section, the one who arrested, or caused such person to be arrested and prosecuted, or either, shall be conclusively deemed to have acted with reasonable or probable cause in bringing about such arrest or prosecution, in any civil action for damages which may be brought by the person who made, drew, uttered, or delivered such instrument, if the one who arrested or caused such person to be arrested and prosecuted, or either, shall have, before doing so, presented or caused such instrument to be presented to the depository

Page 595

on which it was drawn where payment of the instrument was refused, and after said refusal mailed written notice to such maker informing him that payment of such check, draft, or order has been refused, and then waited ten (10) days after mailing such notice, without the amount due under the provisions of such instrument being paid; provided, however, that said notice by mail must be evidenced by a registered or certified mail return receipt bearing the signature of such maker. In any such civil action, no evidence of statements or representations as to the status of the check, draft, order, or deposit involved, or of any collateral agreement with reference to the check, draft, order, or deposit, shall be admissible unless such statements, representations, or collateral agreement shall be written upon the instrument at the time it is delivered by the maker thereof. Civil actions. (d) If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this Act, and the applicability of such provision to other persons or circumstances, shall not be affected thereby. Severability. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6th, 1962. MEMBERS OF GENERAL ASSEMBLYCREDIT FOR SERVICE AS TO PENSION PLANS OF POLITICAL SUBDIVISIONS. No. 881 (House Bill No. 458). An Act to provide that, when any member or former member of the General Assembly has been or shall be employed by any political subdivision or elected to an office therein, where there is a local pension plan applicable to such employment or office, he shall receive credit for time served as a member of the General Assembly; 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. Any person now or hereafter employed by any political subdivision or elected to an office therein who, by reason of such office or employment, is eligible for pension benefits under any local system and who, prior to such employment, was a member of the General Assembly of the State of Georgia, shall receive credit for time served in the General Assembly in the computation of the service required to become eligible to retire and receive a pension. In computing such credit, such person shall be credited for a full year for each year's membership in the General Assembly of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. MUNICIPAL TAXATIONEXEMPTIONS TO CERTAIN MERCHANTS, ETC. Code 92-4105 Amended. No. 882 (House Bill No. 608). An Act to amend Code section 92-4105 of the 1933 Code of Georgia which provides for the limitation on cities' right of taxation by exempting from taxation traveling salesmen, so as to exempt certain merchants and dealers and their employees from municipal taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-4105 of the 1933 Code of Georgia is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 92-4105 which shall read as follows:

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Code Section 92-4105. The Authorities of any municipality corporation shall not levy or collect any tax or license from: (a) A traveling salesman engaged in taking orders for the sale of goods where no delivery of goods is made at the time of taking such order; (b) A merchant or dealer, the situs of whose business is elsewhere, who delivers goods to either wholesale or customers in the municipality either on orders previously taken by his salesmen or on orders previously given directly to him by said wholesale or retail customer; or (c) The employees of any merchant or dealer doing business in the municipality in a manner defined by subsection (b) above, who are engaged in the delivery of said goods to either wholesale or retail customers. (d) The provisions of this Act shall not apply to counties having a population over 150,000 according to the 1960 census of the United States. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 6, 1962. DIVORCEPROCEDURE TO REMOVE DISABILITIES. Code 30-123 Amended. No. 883 (House Bill No. 629). An Act to amend Code section 30-123, relating to the relief of disabilities, as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 572), so as to provide that the notice of application to remove disabilities shall be published once a week for four weeks within a sixty-day period preceding the term of court at which the

Page 598

marital disabilities are removed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 30-123, relating to the relief of disabilities, as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 572), is hereby amended by striking therefrom the word next and inserting in lieu thereof the words and figures within a sixty (60) day period, so that when so amended, Code section 30-123 shall read as follows: 30-123. When any person laboring under disabilities imposed by the granting of a divorce shall desire to be relieved of the same, such person shall file in the superior court of the county wherein the divorce was granted, a petition in which there shall be stated the date of the application for the divorce, which petition shall be filed with the clerk of the superior court of said county. Notice of said application shall be published for four consecutive weeks within a sixty (60) day period preceding the first day of the term of the court to which the same is returnable in a newspaper wherein the legal advertisements of the ordinary or sheriff of such county are published, and where and when the same is to be heard; and if the divorced person shall be served personally with a notice of such application 20 days before the first term of the court to which the same is returnable. Publication of notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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GENERAL TAX ACT AMENDED, REPEALED AS TO CERTAIN DEALERS. No. 886 (House Bill No. 735). An Act to amend an Act known as The General Tax Act, approved March 28, 1935 (Ga. L. 1935, p. 11), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 734), so as to remove the provisions as to tax upon dealers in pistols, rifles and center-fire cartridges; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The General Tax Act, approved March 28, 1935 (Ga. L. 1935, p. 11), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 734), is hereby amended by striking and repealing in its entirety paragraph 85 of section 2 which reads as follows: Paragraph 85. Pistols. Upon each and every dealer in pistols or who deals in center-fire pistol cartridges, dirks, bowie-knives, or metal knucks, for each place of business in this State, in or near towns or cities of 2,500 population or less $15.00; in or near cities of over 2,500 population, and less than 10,000, $25.00; in or near cities of 10,000 population or less than 50,000 $50.00; in or near cities of 50,000 and above, $100.00. Provided, further, that no person shall be exempt from payment of this tax. Provided further that the word `near' as used in this section or paragraph shall be and is defined to mean within a radius of three (3) miles of the incorporated limits of said town or city referred to in this section. (a) Upon each and every dealer in rifles and center-fire rifle cartridges, for each place of business in this State in cities over 200,000 inhabitants, $20.00; in cities from 75,000 to 20,000, $15.00; in cities from 40,000 to 75,000, $10.00; in towns and cities over 40,000, $5.00. Provided that any dealer located within a radius of three (3) miles of the incorporated limits of any of said towns or cities shall

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take the same rate of taxation as the town or city located nearest said dealer. There shall be no tax upon dealers in rim-fire cartridges only. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. DIVORCEINCURABLE INSANITY AS GROUNDS, TIME OF CONFINEMENT. Code 30-102 Amended. No. 887 (House Bill No. 754). An Act to amend Code section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce, as amended, by an Act approved January 28, 1946 (Ga. L. 1946, p. 90), and by an Act approved February 21, 1951 (Ga. L. 1951, p. 744), so as to change the time the insane person shall be confined in an institution for the insane immediately preceding the commencement of a divorce action based upon Incurable Insanity as the grounds for granting a total divorce; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend Code section 30-102 relating to the grounds that are sufficient to authorize the granting of a total divorce, as amended, by an Act approved January 28, 1946 (Ga. L. 1946, p. 90), and by an Act approved February 21, 1951 (Ga. L. 1951, p. 744), is hereby amended by striking from subsection 11 after the words confined in an institution for the insane for a period of at least the words three years and inserting in lieu thereof the words two years, so that when so amended, said Code section shall read as follows:

Page 601

30-102. Grounds for total divorce. The following grounds shall be sufficient to authorize the granting of a total divorce; 1. Intermarriage by persons within the prohibited degrees of consanguinity and affinity. 2. Mental incapacity at the time of the marriage. 3. Impotency at the time of the marriage. 4. Force, menaces, duress, or fraud in obtaining the marriage. 5. Pregnancy of the wife, at the time of the marriage unknown to the husband. 6. Adultery in either of the parties after marriage. 7. Wilful and continued desertion by either of the parties for the term of one year. 8. The conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to imprisonment in the penitentiary for the term of two years or longer. 9. Habitual intoxication. 10. Cruel treatment, which shall consist of the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies apprehension of danger to life, limb or health. 11. Incurable insanity, but no divorce shall be granted upon this ground unless the insane party shall have been adjudged insane according to the provisions of section 49-604 of the Code of Georgia of 1933, confined in an institution for the insane for a period of at least two years immediately preceding the commencement of the action, and until the superintendent of the asylum and one competent physician appointed by the court shall, after a thorough

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examination, make a certified statement under oath that it is their opinion that such person is hopelessly and incurably insane. Notice of this action shall be served upon one of the nearest blood relative or guardian of such insane person and the superintendent of the institution in which he is confined, and such relative or guardian and superintendent shall be entitled to appear and be heard upon the issues. The status of the parties as to the support and maintenance of the insane person shall not be altered in any way by the granting of the divorce. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. ACT CREATING EMERITUS OFFICES AMENDED. No. 888 (House Bill No. 771). An Act to amend an Act creating emeritus offices for certain State House officials, approved March 7, 1957 (Ga. L. 1957, p. 206), so as to provide that said emeritus officers shall receive an annual salary equal to two-thirds of the salary as provided by law for the respective offices from which the emeritus officers have retired at the time of the appointment to an emeritus position or twelve thousand dollars ($12,000.00) per annum whichever shall be the less amount; to provide that no person holding and enjoying, or eligible to hold and enjoy, any emeritus office or emeritus status under the laws of Georgia shall be eligible to offer or qualify as a candidate in any primary or election for any other public office under the State Constitution or any law made pursuant thereto without first resigning said emeritus office or emeritus status; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating emeritus offices for certain State House officials, approved March 7, 1957 (Ga. L. 1957,

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p. 206), is hereby amended by inserting at the end of the first sentence of paragraph 3 of section 1 of said Act the following, or twelve thousand dollars ($12,000.00) per annum whichever shall be the less amount, so that when so amended said paragraph shall read as follows: The State Treasurer emeritus; State School Superintendent emeritus; Comptroller General emeritus; Secretary of State emeritus; Attorney General emeritus; Commissioner of Labor emeritus; Public Service Commissioner emeritus; and Commissioner of Agriculture emeritus; shall each receive an annual salary equal to two-thirds of the salary as provided by law for the respective State Treasurer, State School Superintendent, Comptroller General, Secretary of State, Attorney General, Commissioner of Labor, Public Service Commissioner, and Commissioner of Agriculture at the time of the appointment to an emeritus position provided hereunder, or twelve thousand dollars ($12,000.00) per annum whichever shall be the less amount. Provided, however that the allowances of $240.00 per annum for services on boards and commissions shall not be included in calculating salaries of respective emeritus positions created by this Act. Amount of compensation. Section 2. No person holding and enjoying, or eligible to hold and enjoy, the pay, perquisites, duties and responsibilities of an emeritus office or emeritus status shall offer or qualify as a candidate in any primary, special, general or other election as a candidate for any other public office provided for under the terms of the State Constitution, or any law made pursuant thereto, unless he shall first tender his resignation to the Governor resigning his said emeritus office or emeritus status, or eligibility therefor, and upon such tender of said resignation all rights, pay, perquisites, duties, eligibility and responsibilities pertaining to said emeritus office or emeritus status shall cease forthwith and be forfeited. The provisions of this section shall apply to all emeritus offices and emeritus status created under the Act approved March 7, 1957, hereinabove referred to, and any and all other State emeritus offices and State emeritus status now existing by virtue of Acts of the General Assembly of Georgia. Qualifications for public office.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. STATE COMMISSION ON AGING. No. 889 (House Bill No. 774). An Act to establish a State Commission on Aging; to declare the legislative intent of this Act; to provide for its members and their tenure; to provide for the powers and duties of the commission; to provide for employees thereof; to provide for financing the operations of the commission; to provide for legal counsel to the commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The constantly increasing proportion of older people within the population of this State, and the increasing gravity of the human distress and the loss accruing to the entire society, as a result of the limitations and disadvantages confronting older people in maintaining their economic self-sufficiency and personal well-being and realizing their maximum potentials as contributors to their community, state and nation, are matters of profound import and concern for all the people of this State. It is, therefore, necessary and of utmost importance to encourage the development and maintenance within this State of a comprehensive and coordinated network of public and private facilities for the alleviation or correction of these limitations and disadvantages and to encourage the conducting of continuous study and research into the needs and problems of older people under present and future economic and social conditions because it is essential for the prevention of dependency and the conservation of human values, and a necessity in safeguarding and fostering the general welfare. Intent.

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It is, therefore, declared to be the intent of the Legislature by the passage of this Act, to provide for encouragement of the development, maintenance, and coordination of the aforementioned facilities. Section 2. There is hereby created a commission to be known as the State Commission on Aging. The commission shall be composed of fourteen members, to be appointed by the Governor for terms of four years each as follows: One member shall be the Administrative Officer of the State Board of Education, or his recommended representative; one member shall be the Director of the State Department of Public Health, or his recommended representative; one member shall be the Director of the State Department of Public Welfare, or his recommended representative; one member shall be the State Commissioner of Labor, or his recommended representative; two members shall be from and be active in a senior citizens' organization; and one member shall be from the field of higher education; seven members shall be from the following fields, with one member being appointed from each field: Housing, Recreation, Employment, Retirement, Religion, Medical Care, and Social Services; provided, however, that each of the seven appointed must have a specific knowledge of and interest in the field from which he is appointed. Created, members, terms, etc. The members of the commission shall serve for four years, except the first members shall be appointed for terms as follows: five for terms of four years; five for terms of three years; and four for terms of two years. The members, from other than the four State agencies, to succeed the first members shall be appointed from persons nominated by the commission on aging on the basis of referrals from appropriate and selected organizations connected with the fields mentioned herein and senior citizens' organizations. In the event any member fails or is unable to serve the full term for which he is appointed, the Governor shall appoint a person to serve for the unexpired term. Such members shall be eligible for reappointment.

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Section 3. A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall elect a chairman, a vice-chairman and such other officers as it deems necessary. Said officers shall serve for terms of two years each. Chairman, quorum, etc. Section 4. The commission shall meet at least once each quarter and at such other times as may be deemed necessary by the chairman or a majority of the commission on written request of at least a majority of the members. Meetings. Section 5. The commission is hereby empowered to adopt bylaws establishing rules for the conduct of its meetings and establishing policies and administrative procedures for the carrying out of the purposes of the commission. Rules, etc. Section 6. The commission shall appoint an executive director who shall be the administrative officer of the commission, and who shall serve at the pleasure of the commission. The executive director shall not be subject to the State Merit System Act and shall receive such salary and expenses as shall be provided by the commission. Executive director. Section 7. The commission may appoint or may direct the executive director to appoint, in accordance with the State Merit System Act and rules and regulations made pursuant thereto, such other personnel as are necessary for the efficient performance of the duties prescribed by this Act. Employees. Section 8. Members of the commission shall serve without compensation, except they may be reimbursed for the actual expenses occurred in performance of their official duties in attending commission meetings. Compensation. Section 9. The commission shall constitute the designated State agency to handle all programs of the Federal government relating to the aging requiring acts within the State which are not the specific responsibility of another State agency under provisions of Federal or State law. Authority is hereby conferred upon the commission to accept

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and disburse any funds available or which might become available pursuant to the purposes set out herein. Duties, etc. The commission shall study, investigate, promote, plan and execute a program to meet the present and future needs of aging citizens of the State and it shall receive the cooperation of all other State departments and agencies in carrying out a coordinated program. It shall also be the duty of said commission to encourage and assist in the development of programs for the aging in the counties, towns and cities of this State. It shall consult and cooperate with public and private agencies, with county and municipal officers and agencies, and with any Federal or State agency or officer for the purpose of promoting coordination between State and local plans and programs and between State and Inter-State plans and programs for the aging. Section 10. Without limiting the foregoing, the commission is authorized to: (a) promote the health of and medical services for the aging in working with professional associations, hospitals and institutions; Authority. (b) promote the rehabilitation of incapacitated older persons; (c) establish a statewide coordinated program with participation of employers, employee's organizations, and State and local agencies to promote greater and more suitable employment opportunities for older persons; (d) establish a program of research and education on housing of the aged either by public or private means as well as the establishment of self-sustaining cooperative dwelling projects for aging persons; (e) plan and promote recreational facilities for the aging; (f) develop a program of adult education designed for older persons on subject of particular concern to them;

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(g) encourage the further research in the colleges and universities of the State on problems of the aging; (h) encourage training of personnel to handle problems of the aging; (i) to promote community education in the problems of older people through institutes, publications, radio, television and the press; (j) to provide consultation to communities and groups developing statewide or local services for older people; (k) to provide consultation to the various departments of state government concerning matters relating to the aging; (l) inquire into and make recommendations to the appropriate agencies, public or private, on any matter affecting the behavior, care or welfare of the aging; (m) enlist the aid of public and private agencies concerned with the welfare of the aging and study and report on the functions and facilities of governmental agencies and institutions charged with the care, control, protection and rehabilitation of the aging; (n) serve as a communications clearing house for information in the large and complex fields of human relationship in respect to aging; (o) to conduct or to participate financially in conducting demonstration projects with counties or municipalities or public or private agencies concerned with problems of the aging; (p) do any other thing deemed necessary by the commission to promote the health and well-being of the aging citizens of this State, not inconsistent with the purposes of this Act or the public policies of this State;

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(q) to appoint such committees, on a nonpay basis, as it deems necessary for carrying out the purposes of the Act. Section 11. The commission may receive on behalf of the State any grant, or grant in aid, from the Federal government, or any grant, gift, bequest, or devise from any other source and accept the same and title shall pass to the State unless otherwise specified by the grantor. Gifts, etc. Section 12. It shall be the duty of the commission to submit an annual report to the Governor and to the General Assembly on or before January 1st of each year, setting forth the results of its studies, accomplishments, and recommendations, if any, for legislation. Reports. Section 13. All expenses incurred in administering and carrying this law into effect shall be paid out of funds appropriated by the General Assembly for that purpose, or out of such other funds as may be made available. Expenses. Section 14. The Attorney General of Georgia shall serve as legal advisor and counsel to the commission. Attorney General. Section 15. This Act shall become effective July 1, 1962. Effective date. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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COMMISSIONS PAID TO ADMINISTRATORS, EXECUTORS, GUARDIANS AND TRUSTEES. Code 113-2001 Amended. No. 890 (House Bill No. 755). An Act to amend Code section 113-2001 of the Code of 1933, which fixes the rate of commissions to be received by an administrator so as to provide that an administrator shall be deemed to have collected any portion of dividends, interest or rents payable to him which is required by any law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes; to provide that the provisions of this Act shall apply to executors, trustees and guardians, as well as to administrators: to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-2001 of the Code of 1933 which fixes the rate of commissions to be received by an administrator is hereby amended by adding at the end thereof the following: Whenever any portion of the dividends, interest or rents payable to an administrator are required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the administrator. The provisions of this Code section shall likewise apply to commissions payable to executors, trustees and guardians. so that when so amended said Code section shall read as follows: 113-2001. Ordinary commissions. As compensation for his services, the administrator shall have a commission of two and one-half percent on all sums of money received by him on account of the estate (except money loaned by him

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and repaid to him), and a like commission on all sums paid out by him, either for debts, legacies, or distributive shares. Such commissions are part of the expense of administration, and shall be paid from the general estate, if any; if none, they shall be deducted from the debt or legacy paid. Whenever any portion of the dividends, interest or rents payable to an administrator are required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the administrator. The provisions of this Code section shall likewise apply to commissions payable to executors, trustees and guardians. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. STATE BOARD OF MEDICAL EXAMINERS ACT AMENDED. Code 84-905, 84-914 Amended. No. 891 (House Bill No. 765). An Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, so as to change the amount of per diem to be paid to the members of the board; to change amount of license fee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, is hereby amended by striking from Code section 84-905 the figures $15 and inserting in lieu thereof the figures $25, so that when so amended, said section shall read as follows:

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84-905. Immediately after the appointment and qualification of the members, said Board of Medical Examiners shall meet and organize and shall elect a president and vice president. Said board shall operate under the terms of Chapter 84-1, providing for a Joint-Secretary of the several State Examining Boards, and said Secretary shall serve said board as provided by law. Each member shall receive, for services for each day's attendance upon meetings, the sum of $25 and all necessary expenses incident to holding meetings: Provided, however, that this per diem and expenses shall in no case exceed the fees collected by said Joint-Secretary for said board. The board shall hold two regular meetings each year, one meeting to be held in May or June, at such time as suits the convenience of the graduates of the medical colleges in Atlanta and Augusta, the other meeting to be held on the second Tuesday in October at the State Capitol. Call meetings may be held at the discretion of the president. The regular meetings for examinations shall be held at the State Capitol in Atlanta, and in Augusta. Said board shall adopt a seal, which must be affixed to all licenses issued by the board. The board shall, from time to time, adopt such rules and regulations as they may deem necessary for the performance of their duties, and shall examine and pass upon the qualifications of the applicants for the practice of medicine, as herein provided. Per diem of members. Section 2. Said chapter is further amended by striking Code section 84-914 in its entirety and inserting in lieu thereof a new Code section 84-914 to read as follows: 84-914. There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20, or a fee of $50 for a nonresident applicant for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary license, which shall include fee for examination for permanent license; and a fee of $100 shall be charged for issuing a license by reciprocity. The Board of Medical Examiners may grant a license without examination to licentiates of boards from other States requiring equal or higher qualifications, upon

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the same basis as such States reciprocate with the State of Georgia. Said board may grant a license without examination to any licentiate of the National Board of Medical Examiners of the United States upon payment of the reciprocity fee by such licentiate. No part of any fee shall be returnable under any circumstances; nor shall this chapter be construed as affecting or changing in any way laws in reference to license taxes to be paid by physicians and surgeons. Application fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. NONRESIDENT EXECUTORS. Code 113-1206 Amended. No. 892 (House Bill No. 782). An Act to amend section 113-1206 of the Code relating to a nonresident executor of a resident testator's estate, so as to provide that nonresidents may administer the estate of a resident testator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 113-1206 of the Code relating to a nonresident executor of a resident testator's estate, is hereby amended by striking in its entirety the following: A citizen of another State or Territory of the United States may be nominated and act as executor or coexecutor of the will of a deceased citizen of Georgia, when such person shall be heir at law, of equal, greater, or sole interest, of the estate of the deceased, and will give the bond and comply with the requirements specified in cases of nonresident administrators.

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and inserting in lieu thereof the following: 113-1206. A citizen of another State or Territory of the United States may be nominated and act as executor or coexecutor of the will of a deceased citizen of Georgia, provided such nonresident shall, before he is qualified to act, be required to give bond in good security in a sum equal to a sum double the amount of such estate, payable to the Ordinary of the county before whom he may qualify in this State. The securities shall be resident citizens of this State, and liable to be sued and proceeded against, in the first instance, for any default, liability or mismanagement on the part of such nonresident executor, without joining such executor in said suit. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. GENERAL APPROPRIATION ACT AMENDED, DEPARTMENT OF REVENUE. No. 893 (House Bill No. 784). An Act to amend an Act entitled 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; to repeal conflicting laws, approved April 5, 1961 (Ga. L. 1961, p. 356), so as to change the contingent appropriation to the Department of Revenue by adding thereto an appropriation for the creation of a capital fund from which loans to counties

Page 615

may be made to defray the cost of ad valorem tax equalization programs; to amend certain figures; to strike a portion of the contingent appropriations; 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 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, approved April 5, 1961 (Ga. L. 1961, p. 356), is hereby amended by striking subsection (i) of section 50 in its entirety and by inserting in lieu thereof a new subsection so that after amendment subsection (i) of section 50 shall read as follows: (i) To the Revenue Department for the establishment of a capital fund from which loans to counties may be made to defray the cost of ad valorem tax equalization programs as authorized by Act of Georgia General Assembly of 1961. (Ga. L. 1961, p. 107)...... $1,500,000.00 Funds for tax equalizations, programs. Provided, however, that said fund shall not be available for loans to counties after June 30, 1973; that any funds remaining in said fund on such date shall be repaid into the State treasury; and that the proceeds from repayment of such loans after said date shall likewise be repaid into the State treasury. Section 2. Said Act is further amended by striking from section 50 the figure $53,800,000.00 and inserting in lieu thereof $54,300,000.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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DEPARTMENT OF LABORAPPROPRIATION OF FUNDS. No. 894 (House Bill No. 787). 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 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 the 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, and additional amount of $659,196.59. 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 $599,196.59 is authorized to be allocated for expenditure by the Commissioner of Labor for the acquisition of lands in this State and for the construction thereon of office buildings suitable for use for local offices of the Employment Security Agency

Page 617

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 $60,000.00 is authorized to be allocated for expenditure 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. 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, 1962 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, 1962 and ending on June 30, 1963 shall not exceed the limitations provided in said section 9 (c) (C), and that the amount which may be obligated between July 1, 1963 and the date in the year 1964 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 shall have complete authority to carry out the purposes of this Act, and all provisions of section 9 and 13 of the Employment Security Law, as amended, shall be applicable to this Act. Intent. Section 3. Be it further enacted, That the Commissioner

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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 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. (a) Notwithstanding any other provisions of this Act, the Commissioner of Labor must have the approval of the Budget Bureau for the expenditure of any funds appropriated herein. Budget Bureau. Section 4. 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 5. Be it further enacted, That this Act shall become effective on the day immediately following the date of enactment, the public welfare requiring it. Approved March 6, 1962. ELECTIONSPROCEDURE TO PLACE NAMES ON GENERAL ELECTION BALLOTS. Code 34-1904 Amended. No. 895 (House Bill No. 790). An Act to amend Code section 34-1904, relating to ballots in elections other than primary elections, as amended, particularly by an Act approved October 2, 1948 (Ga. L. 1948, Ex. Sess., p. 3), so as to provide for the time for qualifying; to provide for the application of the five

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(5%) percent petition; to provide for exceptions as to qualification with the Secretary of State; to declare members of the General Assembly to be State officers; to provide that candidates for the State Senate shall qualify with the ordinary in each county of the Senatorial district; 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. Code section 34-1904, relating to ballots in elections other than primary elections, as amended, particularly by an Act approved October 2, 1948 (Ga. L. 1948, Ex. Sess., p. 3), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 34-1904 to read as follows: 34-1904. (a) In all elections other than primary elections held under the auspices of a political party, it shall be the duty of the ordinary to provide and furnish at the expense of the county, and in case of purely municipal elections, it shall be the duty of the proper municipal election official to provide and furnish at the expense of the municipality, official ballots for all such elections, having printed thereon, in separate columns, the names of the candidates of each political party, designating the names of the political parties to which they belong, and also the names of any other candidates for the offices to be filled at said election. In case of election for President and Vice-President of the United States, the names of the candidates for such offices may be added with the Electors and party designation. Ballots. Candidates for President and Vice President. (b) It shall not be the duty of said officers to place the names of any candidates on said official ballots unless notice of their candidacy shall be given in the following manner: All candidates for national and State offices, except candidates for membership in the General Assembly, members of the General Assembly being hereby declared to be State Officers, and candidates for the office of Justice of the Peace, or the proper authority of the political party nominating them, shall file notice of their candidacy, giving their names and the offices for which they are candidates,

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with the Secretary of State, at least forty-five (45) days prior to the regular election, except in cases where a second primary election is necessary. The names of such candidates shall be filed with the Secretary of State as soon as possible after the determination of the result of said second primary, but no later than five (5) days after such second primary. All candidates for district and county offices and all candidates for membership in the General Assembly, either by themselves or by the proper authority of the political party nominating them, shall file notice of their candidacy with the ordinary of the county at least forty-five (45) days before the regular election. Candidates for the State Senate shall qualify, either by themselves or by the proper authority of the political party nominating them, with the ordinary in each county of the Senatorial district. Provided that, if any such candidate listed herein shall not be the nominee of a political party by primary held for such office in the territory, as hereinafter defined, in which he is a candidate, or shall not be the nominee of a political party that shall have cast more than five (5%) percent of the votes for such office in the last immediately preceding General Election for the election of such officer, then any such candidate shall, in addition to the foregoing, file a petition signed by not less than five (5%) percent of the registered voters of the territory in which he is a candidate. The provisions relating to filing such petition shall not apply to special elections, to the office of Justice of the Peace, to any office created since the last General Election, nor to candidates for county offices and membership in the General Assembly if no political party primary is held in the county for such offices. The petition of five (5%) percent of the registered voters provided for hereinbefore, shall be used for only one individual candidate, and two or more candidates shall not be permitted to utilize the same petition. The term `territory' as used hereinabove shall mean the area in which the voters who are authorized to vote for such candidate reside, except that such term shall mean the judicial circuit when the office of judge of the superior court or solicitor general is sought by a candidate. The petition signed by five (5%) percent of the voters, as aforesaid, shall be accompanied by a sworn statement

Page 621

signed by the candidate or the highest official of the political party of the territory involved, or by both, to the effect that each of the persons whose name appears on said petition was a duly qualified and registered voter at the last General Election, and that each such voter whose name is listed on said petition signed his own name on said petition. All candidates for municipal offices shall file notice of their candidacy either by themselves or by the proper authority of the party nominating them in the manner and in the time provided by the charter of said municipality, or in the event such is not covered by said charter, such notice shall be filed with the proper election official of the municipality not less than fifteen (15) days before the regular election. In the event of the resignation or death of any nominee of any political party prior to the regular election, at which the name of said nominee is to appear on the official ballot, said vacancy in nomination shall be filled in such manner as may be determined by the proper authority of such party. Notice of candidacy. Petitions. Oath. Municipal elections. Death of nominee. (c) The aforesaid officers shall also have printed on said ballots such language as may be necessary for the voters to express their desires as to any question or matter which may be submitted at any such election. In all other particulars, such ballots shall be arranged, printed, and prepared as for regular elections as provided in section 34-1903. Ballots (d) The party authorities certifying the names of candidates for electors of President and Vice-President shall accompany such certification with an affidavit signed by each candidate for elector, stating that such candidate is not now and never has been a member of the Communist Party, and does not believe in or sympathize with the principles of such Communist Party. Oath of electors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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GENERAL APPROPRIATION ACT AMENDEDDEPARTMENT OF COMMERCE. No. 896 (House Bill No. 809). An Act to amend an Act entitled 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;, approved April 5, 1961 (Ga. L. 1961, p. 356), so as to provide for contingent appropriation to the Department of Commerce for a five (5) year period to survey, prospect and test for minerals and ores in this State; to amend certain figures; 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 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;, approved April 5, 1961 (Ga. L. 1961, p. 356), is hereby amended by adding the following paragraph to section 50 of said Act: To supplement and become part of the appropriations to the Commerce Department for the purpose of providing funds for a five (5) year period to survey, prospect and test for minerals and ores in this State; the Commerce Department is authorized to contract with the Geology Department

Page 623

of the University of Georgia in order to carry out the purposes of this provision. Section 2. Said Act is further amended by striking from section 50 the words and figures Total Contingent Appropriations... $53,800,000.00 and inserting in lieu thereof the words and figures Total Contingent Appropriations... $53,875,000.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. DEPENDENTSDUTY TO SUPPORT WHERE TRUST OR ESTATE INCOME IS AVAILABLE. No. 897 (House Bill No. 810). An Act to provide that whenever income from an estate or trust is available for the benefit of a person whose support is the legal obligation of another and such income is actually used for such person's support, the legal obligation of the other to support such person is reduced to the extent that such income is actually used for such person's support; and to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever income from an estate or trust is available for the benefit of a person whose support is the legal obligation of another and such income is actually used for such person's support, the legal obligation of the other to support such person is reduced to the extent that such income is actually used for such person's support. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 6, 1962.

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BUILDING AND LOAN ASSOCIATIONSLIKE ASSOCIATIONS. No. 898 (House Bill No. 839). An Act to regulate corporations and other persons doing business as building associations, savings and loan associations, building and loan associations, or on the building society plan, which corporations and other persons are not Federal savings and loan associations and are not chartered pursuant to the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, pp. 307, et seq.); and to regulate any corporation organized, operated, or chartered under or pursuant to Title 16, Chapter 2 of the Code of Georgia or whose charter provides that it may operate as a building and loan association as defined in said Title 16, Chapter 2 of the Code of Georgia; to provide that all such corporations described as being the subject of this Act shall make only such loans and other investments as are permitted to State chartered building and loan associations pursuant to law and to the regulations of the Secretary of State governing such State chartered building and loan associations; to provide that all such corporations above-described which have no capital stock but are local mutual associations as defined in said Building and Loan Act may become, under certain conditions, State chartered building and loan associations pursuant to said Act; to provide that all corporations which are the subject of this Act and which do not become State chartered building and loan associations shall raise their funds and capital solely by issue of securities after complying with the Georgia Securities Act and all appropriate Federal laws, and to provide limitations upon the issue and redemption of such securities, and to limit the advertisement of such issue and redemptions; to provide that such corporations shall not accept savings, savings accounts, or deposits from the public as such and shall not use the terms savings, savings accounts, or deposits in advertisements; to provide that no future associations or corporations shall be organized, operated, or chartered under or pursuant to Title 16, Chapter 2 of the Code of Georgia; to provide that this Act does not

Page 625

recognize the validity of any corporation now organized, operated, or chartered under Title 16, Chapter 2 of the Code of Georgia or that said Title 16, Chapter 2 is still in force and effect; to provide that invalidity of any portion of this Act shall not destroy the validity of other portions; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following corporations and persons only are the subject of this Act: (a) Any corporation or other person doing business as a building association, savings and loan association, building and loan association, or on the building society planwhere such corporation or other person is neither a Federal savings and loan association nor a State chartered building and loan association pursuant to the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, p. 307, et seq.). Persons subject to Act. (b) Any corporation (except a Federal savings and loan association or a State chartered building and loan association as above-described) whose charter provides that said corporation is organized or may operate as a building and loan association as defined in Title 16, Chapter 2, of the Code of Georgia. Section 2. Such corporations or other persons as above defined to be subject to this Act shall make no loans or other investments not allowed to State chartered building and loan associations by statute and by the rules and regulation of the Secretary of State governing such State chartered building and loan associations. Authority. Section 3. All such corporations subject to this Act who have no capital stock but which are local and mutual associations as defined in said Building and Loan Act approved December 24, 1937 shall, upon written application to the Secretary of State, and upon compliance with law and the regulations of the Secretary of State, be classified as State chartered building and loan associations as defined in said Building and Loan Act and shall be subject in all respects to said Building and Loan Act and the rules and regulations issued by the Secretary of State thereunder. Election to become State chartered assoc.

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Section 4. All such corporations which are defined to be subject to this Act and which have not become State chartered building and loan associations as defined in said Building and Loan Act shall raise their funds and their capital solely by issue of securities after complying with the Georgia Securities Act (Ga. L. 1957, p. 134, et seq.) and all appropriate Federal laws and Funds, securities, etc. (a) Shall register an issue of securities with the Commissioner of Securities only once within any period of twenty-four (24) consecutive months. (b) Shall not sell any such security except during the six (6) month period immediately following registration of such security with the Commissioner of Securities. (c) Shall not follow the general practice of redeeming outstanding securities but shall redeem before the maturity date thereof a maximum of five percent (5%) of the aggregate amount outstanding of any issue of a creditortype security, and shall redeem a maximum during any calendar year of two (2%) percent of the total aggregate value of the securities outstanding of any non-creditor type security issue (valued according to the amounts paid to such corporation for such non-creditor securities). (d) Shall not advertise in or through any newspaper, radio, television, letters, circulars, billheads or in any manner or through any medium that it will redeem any type security at any time other than at the maturity of a creditor-type security. (e) Shall not accept savings or savings accounts or deposits as such from the public, or from any substantial portion thereof, and shall not use the terms savings, savings accounts, deposits, or any equivalent thereof in any advertisement as above-described in sub-paragraph (d) indicating reference to securities issued or to be issued by the corporation. (f) For the purpose of this section, the terms redemption and redeem shall have reference to any redemption,

Page 627

purchase, exchange, distribution, or any other device or transaction whereby the holder of any such security shall receive cash or its equivalent for his interest in such security. A creditor-type security shall mean any promissory note or other type security as defined in said Georgia Securities Act which raises the relationship of debtor and creditor between the corporation issuing same and the person to whom same is issued. A non-creditor-type security shall have reference to any security as defined in said Georgia Securities Act which is not a creditor-type security. Section 5. From and after the approval of this Act, there shall be no new or additional building and loan associations or other corporations chartered, organized, or operated under or pursuant to Title 16, Chapter 2, of the Code of Georgia; however, this Act shall not be construed to recognize the validity of the charter or the operations of any corporation now chartered under or pursuant to Title 16, Chapter 2, of the Code of Georgia or which is organized or operated as a building and loan association as defined in Title 16, Chapter 2, of the Code of Georgia, and no such corporation so chartered (or so organized or operated) since the enactment of said Building and Loan Act (Ga. L. 1937-38, pages 307, et seq.) is hereby recognized to be valid. Likewise, this Act shall not be construed to indicate that Title 16, Chapter 2, of the Code of Georgia is still in force and effect or was not repealed by said Building and Loan Act (Ga. L. 1937-38, p. 307, et seq.) No new corporations, intent, etc. Section 6. 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 be and remain in 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 thereof. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Severability.

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Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. EDUCATIONTAXATION FOR INDEPENDENT SCHOOL SYSTEMS. No. 899 (House Bill No. 853). An Act to provide for the support of existing independent school systems by municipal corporations authorized to mantain same by the Constitution of Georgia; to authorize and valorem taxation by such municipal corporations for the support of such independent school systems, to include public school systems established by municipal corporations prior to adoption of the Constitution of 1877; to limit the purposes for which the power of taxation may be exercised in the support of such independent school systems; to provide for levy, collection and appropriation of such ad valorem taxes; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article VIII, Section VII, Paragraph I of the Constitution of Georgia grants authority to municipal corporations to maintain existing independent school systems and to support the same as authorized by special or general law. Every municipal corporation having an independent school system which it is permitted to maintain by Article VIII, Section VII, Paragraph I of the Constitution of Georgia, including any municipal corporation having an independent public school system established prior to the adoption of the Constitution of 1877, is hereby authorized to support and maintain the public common schools within such independent school system by levy of ad valorem taxes at such rate as may now or hereafter be fixed by law, upon all taxable property within the limits of such municipal corporation. The board of education of such municipal corporation or other authority charged with the duty of

Page 629

operating such independent school system shall annually recommend to the governing or fiscal authority of such municipal corporation the rate of the tax levy to be made, within the limitations now or hereafter fixed by law, upon all taxable property within the limits of the municipal corporation, and such taxes as levied and collected for support and maintenance of such independent school system by such governing or fiscal authority of such municipality shall be appropriated, when collected, by such governing or fiscal authority of the municipality to the board of education or other authority charged with the duty of operating such independent school system. Such funds shall be expended by the board of education or other authority charged with the duty of operating such independent school system only for educational purposes, including school lunch purposes, to-wit: payment of costs and expenses incurred in the purchase of school lunchroom supplies; purchase, replacement or maintenance of school lunchroom equipment; transportation, storage and preparation of foods; and all current operating expenses incurred in the management and operation of school lunch programs in the public common schools of such independent school system, but excluding however the purchase of foods. School lunch programs, etc. Section 2. This Act shall be cumulative of all existing general and local laws authorizing municipal corporations to levy taxes for the support of independent school systems permitted to be maintained by Artcile VIII, Section VII, Paragraph I of the Constitution, including local or general laws authorizing municipal corporations to levy taxes for the support of public school systems established prior to adoption of the Constitution of 1877. Approved March 6, 1962.

Page 630

SALE OF CORN AND GRAIN BY HUNDRED WEIGHT. Code 112-1A Enacted. No. 900 (House Bill No. 869). An Act to amend Code Chapter 112-1, relating to weights and measures, as amended, so as to provide that it shall be lawful to sell corn and other grains on a one hundred weight basis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 112-1, relating to weights and measures, as amended, is hereby amended by adding a new Code section, to be numbered Code section 112-1A, to read: 112-1A. It shall be lawful to sell corn and other grains on a per hundred weight basis. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. MOTOR CARRIER ACT AMENDEDMOTOR CARRIER DEFINED. Code 68-502 Amended. No. 901 (House Bill No. 875). An Act to amend Code section 68-502, relating to the definitions used in the Motor Carrier Act of 1931, as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 179), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1129), so as to provide that the term motor carrier shall not include motor vehicles engaged in the transportation of certain fresh vegetables; 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 68-502, relating to the definitions used in the Motor Carrier Act of 1931, as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 179), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1129), is hereby amended by striking sub-paragraph (2a) of paragraph (c) in its entirety and inserting in lieu thereof a new sub-paragraph (2a) to read as follows: 2 (a) Motor vehicles engaged in the transportation of peanuts in the shell and peaches, or dry fertilizer, or flue cured tobacco or certain fresh vegetables as follows: cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles is owned by the producer or owner of such peanuts and peaches, or dry fertilizer, or flue cured tobacco or the aforesaid fresh vegetables, or by any other person: Provided, such vehicles do not haul or transport other commodities not exempt by law from the regulations of the Public Service Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. WEIGHTS AND MEASURESMOISTURE TESTING EQUIPMENT. No. 902 (House Bill No. 885). An Act to amend an Act establishing standards for weights and measures, approved March 27, 1941 (Ga. L. 1941, p. 510), so as to provide for the standardization of moisture testing equipment; to provide for the maintenance of such standards; to prohibit the use of moisture testing equipment other than that meeting the standards established hereunder; to repeal conflicting laws; and for other purposes.

Page 632

Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing standards for weights and measures, approved March 27, 1941 (Ga. L. 1941, p. 510), is hereby amended by adding a new section, to be numbered section 4A, to read: Section 4A. It shall be the duty of the Commissioner of Agriculture to adopt standards for moisture testing equipment utilized in determining the moisture content of grain offered for sale in this State. Upon the establishment of such standards, it shall be unlawful for any person to utilize any such equipment which does not comply with the standards established hereunder. It shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Section and to make such inspections as shall be necessary to assure that all moisture testing equipment complies with the standards. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. ACT REGULATING PREPARATION, RECORDING, ETC., OF PLATS OF SURVEYAMENDED. No. 903 (House Bill No. 891). 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), and an Act approved March 6, 1961 (Ga. L. 1961, p. 105), so as to provide a change in certain figures in said 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 or survey of tracts, or bodies

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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), and an Act approved March 6, 1961 (Ga. L. 1961, p. 105), is hereby amended by striking from section 4 of said Act the figure 13,500, and inserting in lieu thereof the figure 9,000, so that when so amended said section 4 shall read as follows: Section 4. Sections 1, 2 and 3 of this Act shall become effective in any county except as herein after provided, upon the recommendations of the grand jury. Section 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 9,000 or more according to the 1960 census or any future United States census. Counties where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. BOARD OF PHYSICAL THERAPY. No. 904 (House Bill No. 895). An Act to amend an Act known as the Physical Therapists Practice Act, approved February 19, 1951 (Ga. L. 1951, p. 175), so as to strike therefrom the provisions that the State Board of Medical Examiners shall be the Board; to create and establish a Board of Physical Therapy and to provide and specify details germane and pertinent to the composition, administration and operation of same; to change the fees provided therein so as to increase the same; to provide for annual registration and a procedure connected therewith; to provide for injunctions; to provide for registration and the renewal thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Physical Therapists Practice Act, approved February 19, 1951 (Ga. L. 1951,

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p. 175), is hereby amended by striking from section 1 the numbered paragraph (3), which reads: (3) `Board' means the State Board of Medical Examiners as established in Georgia Laws 1943, pp. 212, 214, Georgia Laws 1945, p. 294 and amendments thereto., in its entirety. Section of 1951 Act repealed. Section 2. Said Act is further amended by adding a new Section to be numbered Section 1A, to read: Section 1A. There is hereby created a Board of Physical Therapy, hereinafter referred to as `The Board', which shall consist of five (5) members who shall be appointed by the Governor immediately upon the effective date of this Act, in the manner hereinafter provided and set forth. Members of said Board shall be residents of the State of Georgia and Physical Therapist duly licensed under the provisions of this Act, or qualified for licensure under the terms of this Act. Said Board shall perform such duties and exercise such powers as this Act shall prescribe and confer upon it. No member of the Board shall be liable to civil action for any Act performed in good faith in the performance of its duties as set forth in this Act. Original appointments to the Board shall be for terms as follows: Two (2) members for a term of one (1) year; two members for a term of two (2) years; and one (1) member for a term of three (3) years. All subsequent appointments shall be for three (3) year terms. Vacancies shall be filled for the unexpired terms, and members shall serve until their successors are appointed and have qualified. All appointments shall be made from a list of qualified persons who are licensed under this Act, such list to consist of not less than seven (7) names, to be furnished to the Governor by the Georgia Chapter of the American Physical Therapy Association. All vacancies occurring in the Board shall be filled by the Governor within thirty (30) days after the vacancy occurs, from lists of qualified persons furnished as set forth hereinabove: Provided that if the said qualified Physical Therapists licensed under this Act shall fail to furnish to the Governor the respectively appropriate list of persons eligible for such appointment, the Governor

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shall make such appointment or appointments by nominating such duly qualified persons licensed under this Act as to him shall seem proper, and any Board member may be removed by the Governor after notice and hearing, for incompetence, neglect of duty, malfeasance in office or moral turpitude. Board created. etc. Section 3. Said Act is further amended by striking from section 5 the words and figures five ($5.00) and inserting in lieu thereof the words and figures ten ($10.00). Fees. Section 4. Said Act is further amended by striking section 7 in its entirety, and in lieu thereof inserting the following: Section 7. The Board shall examine applicants for registration as Physical Therapists at such times and places as it may determine. Examinations shall be held within the State at least once each year. The examination shall include a written examination which shall test the applicant's knowledge of anatomy, chemistry; kinesiology; pathology; physiology; physics, psychology; physical therapy as applied to medicine, surgery and psychiatry; physical therapy theory and procedures; medical ethics; and such other subjects as the Board may deem useful to test the applicant's fitness to practice Physical Therapy. Examination. Section 5. Said Act is further amended by striking section 9 in its entirety and in lieu thereof inserting the following: Section 9. Every registered Physical Therapist shall, during January of each year, apply to the Board for a renewal of his registration and pay a renewal fee of $10.00. A registration that is not renewed on or before April 1, next thereafter, shall lapse and be of no force and effect. The Board may require a late registration fee of not to exceed $25.00 for any renewal of registration received after January 31 and before April 1. The Board may in its discretion revive and extend a lapsed registration upon the payment of all past unpaid renewal fees and penalties provided herein. Registration fee.

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Section 6. Said Act is further amended by adding a new section to be numbered section 16A, to read: Section 16A. Whenever it shall appear to the Board that any person, firm, company, partnership, association or corporation, is, or has been, violating any provisions of this Act, or any of the lawful rules, regulations, or orders of the Board, the Board may on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the Board in the proper Superior Court of this State against such person, firm, company, partnership, association or corporation, for the purpose of enjoining any such violation. It shall not be necessary that the Board allege or prove that it has not adequate remedy at law. The right of injunction provided for in this section shall be in addition to any other legal remedy which the Board has, and shall be in addition to any right of criminal prosecution provided by law. Injunctions. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. AGRICULTURELICENSING AND BONDING OF DEALERS. No. 905 (House Bill No. 906). An Act to amend an Act relating to the licensing and bonding of dealers in agricultural products, approved March 9, 1956 (Ga. L. 1956, p. 617), as amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 7), so as to include eggs within the definition of agricultural products; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the licensing and bonding of dealers in agricultural products, approved March 9, 1956

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(Ga. L. 1956, p. 617), as amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 7), is hereby amended by inserting the word eggs after the word vegetables in paragraph (3) of section 1, so that said paragraph, as amended, shall read as follows: (3) `Agricultural Products', as used in this Act, shall include fruits, vegetables, eggs and pecans, but shall not include dairy products, cotton, tobacco, grains and other basic farm crops. Agricultural products defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. COMPENSATION OF CORONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 34,100 AND NOT MORE THAN 34,300 PERSONS. Code 21-105 Amended. No. 906 (House Bill No. 908). An Act to amend Code section 21-105 of the Code relating to fees paid coroners, as amended, so as to change the compensation of coroners in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 21-105 relating to fees paid to coroners, as amended, is hereby amended by adding at the end of said section the following: In all counties of this State having a population of not less than 34,100 and not more than 34,300 according to the United States Census of 1960 or any future such census. The coroner is hereby placed on a salary and shall be compensated in the amount of sixty ($60.00) dollars per month as a salary plus forty ($40.00) dollars per month expenses

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and said one hundred ($100.00) dollars per month shall be paid monthly from the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month. Compensation. Section 2. An Act entitled An Act to amend Section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary of $780.00 per year; to repeal conflicting laws; and for other purposes., approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 41), as amended, by an Act approved March 17, 1960 (Ga. L. 1960, p. 1021), and an Act entitled An Act to amend section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary of $600.00 per year; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 132), as amended, by an Act approved March 7, 1961 (Ga. L. 1961, p. 2281), are hereby repealed and so far as said Acts relate to any counties of this State having a population of not less than 34,100 and not more than 34,300 according to the United States Census of 1960 or any future such census. Prior Acts repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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CLERKS OF SUPERIOR COURTRECORDING OF INSTRUMENTS. Code 24-2714 Amended. No. 907 (House Bill No. 919). An Act to amend Chapter 24-27 of the Code, relating to clerks of the superior court, as amended more particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 121), so as to provide that the clerk of the superior court may keep certain records by microfilm or other photographic processes of a permanent nature; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 24-27 of the Code, relating to clerks of the superior court, as amended more particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 121), is hereby amended by amending sub-paragraph 9 of paragraph 5 of section 24-2714, relating to the duties of the clerk of the superior court, by adding at the end thereof the following: Provided further, that instruments evidencing the title to personal property recorded more than ten (10 years may be re-recorded and any other records, excepting only instruments evidencing the title to real property, may be kept or re-recorded by microfilm or other photographic process of a permanent nature, provided the proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing said records. so that when so amended sub-paragraph 9 of paragraph 5 of section 24-2714 shall read as follows: (9) Well-bound books for recording all deeds, mortgages, and other liens and bills of sale, separately. Provided further, that instruments evidencing the title to personal property recorded more than ten (10) years may be re-recorded and any other records, excepting only instruments

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evidencing the title to real property, may be kept or re-recorded by microfilm or other photographic process of a permanent nature, provided the proper indices and adequate equipment are maintained in addition to the necessary personnel for viewing said records. Use of photographic equipment. Section 2. Said Code Chapter is further amended by amending the aforesaid amendatory Act of 1957 by striking from section 1 of said Act the word excluding and inserting in lieu thereof the word including so that when so amended said section shall read as follows: Section 1. The clerk of the superior court of any county of this State may install and use photostatic equipment or other photographic equipment, including micro equipment, in recording, copying and furnishing copies of any and all instruments, records and proceedings of parts of the same, of record or on file in said office, with the consent and permission only of the governing county authority. Such equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only, and are cumulative of existing provisions of law. Provided, however, that should such equipment be purchased as authorized herein, the use of such equipment shall be mandatory insofar as practical. 1957 Act amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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FUNDS TO MUNICIPALITIES TO CONSTRUCT AND MAINTAIN STREETS. No. 909 (House Bill No. 921). An Act to provide for grants to the incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the purpose and intent of the General Assembly that State funds be made available to the governing bodies of the several incorporated municipalities of this State to aid them in fulfilling their responsibility to construct and maintain streets and provide personnel and equipment to control and accommodate the flow of traffic therein. Intent. Section 2. To the extent that funds are made available by the budget authorities pursuant to section 50(j) of the General Appropriation Act of 1961, approved April 5, 1961, (Ga. L. 1961, p. 356), or to the extent funds are made available for this purpose by any future law, the State Treasurer is authorized and directed to grant said funds to the several incorporated municipalities of this State on the following basis: (A) One half of the sum available, at any given time, for grants under this Act shall be distributed to said municipalities in an amount determined by dividing the amount available for distribution under this Section by the total population of all incorporated municipalities of the State, as determined by the latest Federal decennial census, to arrive at a per capita amount; the per capita amount shall be multiplied by the population of each respective incorporated municipality to determine the amount due each municipality under this section. Formula. (B) One half of the sum available at any given time for

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grants under this Act shall be distributed to said municipalities in an amount determined by dividing the amount available for distribution under this section by the total street mileage, as defined herein, for all incorporated municipalities of the State to arrive at an amount per mile; the amount per mile shall be multiplied by the street mileage, as of January 1 next preceding, of each respective municipality to determine the amount due each municipality under this section. Provided, that no incorporated municipality shall receive less than 5/10,000 of the total amount available for distribution under this Act at any given time. Section 3. Street mileage as used in this Act means the total miles of street open to public use within the corporate limits of a municipality, exclusive of those public ways designated as a part of the State and Federal Systems of Highways. Street mileage defined. Section 4. Within forty-five (45) days from the date this Act becomes law, and on or before February 15 of each succeeding year, the several incorporated municipalities of this State shall submit to the State Treasurer a certificate of the total street mileage, as defined in section 3, lying within their respective corporate limits as of January 1 next preceding. Any municipality which shall fail to certify its street mileage uwithin the time specified shall be excluded from the operation of section 2(B) and shall not participate in the grants provided for by section 2(B). Certificates to State Treasurer. Section 5. Grants made under this Act shall be payable to the general fund of each municipality and shall, within the discretion of the respective governing bodies, be applied so as to best accomplish the purposes of this Act: Provided, however, that separate accounts shall be maintained by each municipality for all funds granted under this Act, and that said account may be examined by the State Auditor, in his discretion, to insure that said funds are, in fact, being applied for the purposes stated in section 1, hereof. Use, records. Section 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 6, 1962.

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CODE 92-4101 THROUGH 92-4104 NOT APPLICABLE TO TOWN OF POOLER. Code 92-4101 Amended. No. 910 (House Bill No. 929). 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 Town of Pooler shall not be affected by the provisions of 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 Town of Pooler, 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, nor the Town of Pooler. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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BONDS OF STATE EMPLOYEESPROCEDURE IN OBTAINING. No. 911 (House Bill No. 941). An Act to amend an Act relating to the duties of the Supervisor of Purchases approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, particularly by an Act approved February 9, 1960 (Ga. L. 1960, p. 78), so as to remove therefrom the requirement that the Supervisor of Purchases do procure fidelity bonds covering State employees; to provide that department heads, in purchasing fidelity bonds covering State employees, shall be required to obtain not less than three competitive bids on all fidelity bonds purchased; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the duties of the Supervisor of Purchases approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, particularly by an Act approved February 9, 1960 (Ga. L. 1960, p. 78), is hereby amended by striking from section 2 of said Act, subsection (H), which reads: H. To procure all fidelity bonds covering State employees required by law or administrative directive to give such bonds, and, in order to provide same at a minimum expense to the State, such bonds may be procured under a master policy or policies providing insuring agreements on a group or blanket coverage basis. Provided, that this section shall not apply to bonds of elected State officers or other officers whose bonds are required by law to be specially given or conditioned in such manner as to make it impractical to comply with the provisions hereof., Prior Act repealed. in its entirety. Section 2. It shall be the duty of each department head to purchase fidelity bonds covering State employees, and it shall be the duty of each such department head to obtain at least three competitive bids on all schedule or blanket

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fidelity bonds purchased covering State employees required by law or administrative directive to be bonded. Bonds of State employees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. TRUSTEE SAVING ACT OF 1949 AMENDEDBENEFICIARY DEFINED. No. 914 (House Bill No. 956). An Act to amend an Act concerning the definition of beneficiary or beneficiaries in Public Law No. 256 of Georgia Laws of 1949 approved February 25, 1949, so as to amend section II (e) of said Act to include trusts in connection with the provisions and powers of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act concerning beneficiaries, as set out in Public Law No. 256 of the regular session of the Legislature 1949 and approved February 25, 1949, is hereby amended by striking subsection (e) of section II of said Act in its entirety and inserting in lieu thereof a new section II (e) to read as follows: (e) The term `beneficiary' means the estate of the founder or any natural person who would be entitled, at the time of his designation as beneficiary in an investment certificate, to inherit from the founder under the laws of Georgia governing descent and the distribution of estates. A trust established by the founder for the benefit of another person or persons may be designated or included as a beneficiary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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MOTOR FUEL TAX LAWAMENDED. Code 92-1402, 92-1403 Amended. No. 916 (House Bill No. 959). An Act to amend Chapter 92-14 of the Code of Georgia, as amended, known as the Motor Fuel Tax Law, to amend section 92-1402, as amended, to redefine the term Motor Vehicle, Motor Fuel and Kerosene; to amend section 92-1403, as amended, by redefining the terms upon which the present tax of one cent per gallon shall be levied upon kerosene, and by providing that such tax shall be allowed as a credit when such kerosene is subsequently sold as a motor fuel; to amend section 92-1403, as amended, by declaring certain dealers or jobbers of motor fuel shall be deemed distributors for purposes of Chapter 92-14; to amend section 92-1403, as amended, to provide for an exemption from the motor fuel tax of six and one-half cents per gallon on specified terms and conditions; to amend paragraph (H) of section 92-1403, as amended, exempting the sale or use of benzol from the motor fuel tax under specified conditions by striking the same in its entirety; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Paragraphs (A), (B) and (C) of section 92-1402 of the Code of Georgia, as amended, defining the terms Motor Vehicle, Motor Fuel and Kerosene, are hereby amended by striking said paragraphs in their entirety and inserting the following paragraphs in lieu thereof so that after amendment said paragraphs (A), (B) and (C) shall read as follows: (A) `Motor Vehicle' shall mean and include any form of vehicle, machine or mechanical contrivance which is propelled by any form of engine or motor which utilizes fuel. Definitions. (B) `Motor Fuel' shall mean and include (1) All products commonly or commercially known or

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sold as gasoline; and, in addition, all other products which are chiefly used as a fuel for the propulsion of motor vehicles on the public highways. (2) All other liquid petroleum products which are susceptible of use as a fuel for the propulsion of motor vehicles, including kerosene. (C) `Kerosene' shall mean that liquid petroleum products which is commonly known as kerosene, and shall also mean and include all other liquid petroleum products which meet the standards and specifications for kerosene as prescribed by the State Revenue Commissioner under Code section 73-216. Section 2. Paragraph (B) of section 92-1403 of the Code of Georgia, as amended, imposing a tax on the sale of kerosene, is hereby amended by striking the same in its entirety and inserting the following paragraph in lieu thereof, so that after amendment said paragraph (B) shall read as follows: (B) Kerosene Upon the sale or use of kerosene by them within this State, at the rate of one cent per gallon, to be computed in the manner hereinafter in this Chapter set forth, when neither sold for use nor used for the propulsion of motor vehicles on the public highways. If such tax has been paid on kerosene which is subsequently either sold for use or used for the propulsion of motor vehicles on the public highways, such tax shall be a credit against the tax imposed under paragraph (A) of this section. Section 3. Paragraph (C) of section 92-1403 of the Code of Georgia, as amended, defining persons considered distributors, is hereby amended by adding at the end thereof a new subparagraph (2) as follows: (2) Any dealer or jobber who shall purchase in excess of 500 gallons in any calendar month of those motor fuels specified in subparagraph (2) of section 92-1402 (B) shall be considered a distributor of such motor fuels for the purposes of taxation, and make the same reports, pay the same

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taxes, post the same bond, secure the same licenses, and be subject to all other provisions of this Chapter; provided that a dealer or jobber shall not be deemed a distributor of those motor fuels specified in subparagraph (1) of section 92-1402 (B) unless licensed as such by the State Revenue Commissioner. so that when so amended, paragraph (C) of Code section 92-1403 shall read as follows: (C) Persons considered distributors. Any person who shall receive motor fuel and/or kerosene, in such form and under such circumstances as shall preclude the collection of the tax provided for in this Chapter from the distributor, and shall thereafter sell, use or consume, or dispose of in any manner and/or under such circumstances as shall render such disposition subject to said taxes, shall be considered as a distributor for purposes of taxation, and shall make the same reports, pay the same taxes, and be subject to all other provisions of this Chapter relating to distributors of such fuels. This provision shall include the receipt of motor fuel and/or kerosene previously exported in any quantity by any means whatsoever from this State and subsequently brought back into Georgia for sale, use or consumption. (1) Every distributor of motor fuels defined in this Chapter shall add the amount of the taxes levied and assessed by this Chapter to the price of such motor fuels, it being the purpose and intent of this proviison that the tax levied under the provisions of this Chapter is in fact a levy on the consumer, and the levy on distributors as specified in said Chapter is merely as agent of the State for collection of said tax. This provision shall in no way affect the method of collection of said taxes as specified in this Chapter. The distributor may state the amount of the taxes separately from the price of such motor fuels on all price display signs, sales or delivery slips, bill and statements, which advertise or indicate the price of such motor fuel products. (2) Any dealer or jobber who shall purchase in excess

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of 500 gallons in any calendar month of those motor fuels specified in subparagraph (2) of Section 92-1402 (B) shall be considered a distributor of such motor fuels for the purposes of taxation, and make the same reports, pay the same taxes, post the same bond, secure the same licenses, and be subject to all other provisions of this Chapter; provided that a dealer or jobber shall not be deemed a distributor of those motor fuels specified in subparagraph (1) of Section 92-1402 (B) unless licensed as such by the State Revenue Commissioner. Section 4. Paragraph (E) of section 92-1403 of the Code of Georgia, as amended, providing for an exemption from the Motor Fuel Tax on specified terms and conditions, is hereby amended by striking the same in its entirety and inserting the following paragraph in lieu thereof, so that after amendment said paragraph (E) shall read as follows: (E) Notwithstanding the provisions of paragraph (A) of this section, the tax provided thereunder shall not be imposed upon the sale of those motor fuels specified in paragraph (2) of section 92-1402(B) when such products are neither sold for use nor used for the propulsion of motor vehicles on the public highways; provided, however, that the exemption contained in this paragraph (E) shall not be allowed unless the distributor making such sales can prove that such motor fuels were neither sold for use nor used for the propulsion of motor vehicles on the public highways; and provided, further, however, that the exemption contained in this Paragraph (E) shall not be allowed upon the sale of such motor fuel to the ultimate consumer if the distributor making such sale shall have reasonable cause to believe that all or any portion of such motor fuel might be used for the propulsion of motor vehicles on the public highways, unless such ultimate consumer is a licensed distributor under this Chapter. A distributor may terminate his liability for the collection and remittance of said tax on those motor fuels specified in this paragraph (E), when sold to an ultimate consumer, or sold to a dealer purchasing 500 gallons or less of such fuel in any calendar month, by taking an affidavit, in good faith and without

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reasonable cause to believe that the contrary might be true, from the purchaser that such purchaser does not store, sell or use such motor fuels for the propulsion of motor vehicles on the public highways, such affidavit to be taken in such form as may be required by the State Revenue Commissioner. Exemptions. Section 5. Paragraph (H) of section 92-1403 of the Code of Georgia, as amended, exempting the sale or use of benzol from the motor fuel tax under specified conditions is hereby stricken in its entirety. 92-1403 (H) repealed. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. This Act shall become effective upon the date of its signature by the Governor. Approved March 6, 1962. CLERKS OF SUPERIOR COURTSINDEX BOOKS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 46,364 AND NOT MORE THAN 47,100 PERSONS. Code 24-2715 Amended. No. 920 (House Bill No. 982). An Act to amend section 24-2715 of the Code, relating to additional duties of the clerk of the superior court, as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 116), so as to provide that in all counties of this State having a population of not less than 46,364 and not more than 47,100, according to the 1960 United States Census or any future United States Census, the clerks of the superior courts shall be authorized to use separate index books for recording instruments affecting real estate and personal property; to provide that the personal property

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index need not be a duplex index; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-2715 of the Code, relating to additional duties of the clerk of the superior court, as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 116), is hereby amended by adding at the end of subsection 8 the following: Provided, however, that in all counties of this State having a population of not less than 46,364 and not more than 47,100, according to the 1960 United States Census or any future United States Census, the clerks of the superior courts may provide separate index books for recording instruments affecting real estate and personal property at the expense of each county, and that when separate books are so provided a duplex index book shall be provided for instruments affecting real property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office, the charter of the instrument, the date and time of the filing of the instrument, the year of the instrument, the year of record thereof, and the book and page where recorded; and a single index book, only, of the type and kind known as a direct index shall be provided for instruments affecting personal property wherein shall be indexed the names of the grantors and grantees of every such instrument recorded in his office listed in alphabetical order by grantors, the character of the instrument the date and time of filing and the book and page where recorded. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDSCHOOLS OPERATED BY BOARD OF CORRECTIONS. No. 923 (House Bill No. 1011). An Act to amend an Act creating the Minimum Foundation Program of Education in Georgia, approved February 25, 1949 (Ga. L. 1949, p. 1406), as amended, by adding at the end of section 7 thereof, relating to determination of the amount of funds needed by a local unit to pay teachers' salaries, an additional paragraph so as to provide for allotment of additional State funds to local units to pay salaries of teachers in schools operated and maintained by the State Board of Corrections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 7 of the Minimum Foundation Program of Education Act approved February 25, 1949 (Ga. L. 1949, p. 1406), as amended, relating to determination of the amount of funds needed by a local unit to pay teachers' salaries, be and the same is hereby amended by adding at the end of section 7 an additional paragraph, to read as follows: As to those local units wherein the State Board of Corrections maintains an institution primarily for the detention of persons within school age and operates within such institution an elementary, secondary or vocational school for the education of such school age children, the State Board of Education shall allot additional funds sufficient in amount to enable the local unit to furnish certified teachers to such school at a salary commensurate with the State minimum salary schedule, provided however, that the course of instruction offered at such school shall satisfy minimum academic requirements established by the local board of education. The State Board of Education may in its discretion make salary allowances for the employment of such teachers for an additional two months where the

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schools in such institutions are operated on a 12 month basis. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. CRIMESSALE OF MUFFLER CUTOUTS, ETC. No. 925 (House Bill No. 1018). 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, so as to make it unlawful to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cut-out, bypass, or similar device for use on a motor vehicle, or to sell or offer for sale any motor vehicle equipped therewith; to provide for a penalty; 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, is hereby amended by adding at the end of section 117 a new paragraph to be known as paragraph (c) to read as follows: (c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cut-out, bypass, or similar device for use on a motor vehicle, or to sell or offer for sale any motor vehicle equipped with any such muffler, muffler cut-out, bypass, or similar device. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. so that when so amended section 117 shall read as follows:

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Section 117. Mufflers, prevention of noise. (a) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a highway, except that this section shall not apply to tractors. (b) The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. (c) It shall be unlawful for any person to sell or offer for sale any muffler which causes excessive or unusual noise or annoying smoke, or any muffler cut-out, bypass, or similar device for use on a motor vehicle, or to sell or offer for sale any motor vehicle equipped with any such muffler, muffler cut-out, bypass, or similar device. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. COUNTY BOARDS OF EDUCATIONTRANSFER OF SCHOOLHOUSE SITES TO MUNICIPALITIES. Code 32-909 Amended. No. 929 (House Bill No. 1034). An Act to amend Code section 32-909 of the Code of Georgia of 1933, as amended, relating to the authority of county boards of education over school property and facilities, so as to provide that county boards of education may transfer schoolhouse sites to municipalities within which said sites may be located in consideration for the municipality's

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promise to maintain the building and premises and to keep same insured; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-909 of the Code of Georgia of 1933, as amended, relating to the authority of county boards of education over school property and facilities is hereby amended by deleting the semicolon found after the words name of the county board of education and before the words such conveyance and inserting in lieu thereof a comma followed by a clause, to read as follows: and said county boards of education may convey any schoolhouse site or building, which has become unnecessary or inconvenient for county school purposes and which is located in a municipality, to the municipality wherein said site or building is located to be used by said municipality for educational or recreational purposes in consideration for the municipality's promise and agreement to maintain and keep said property in repair and insured against loss by fire and windstorm; so that when so amended said Code Section shall read as follows: 32-909. School property and facilities. 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, and said county boards of education may convey any schoolhouse site or building, which has become unnecessary or inconvenient for county school purposes and which is located in

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a municipality, to the municipality wherein said site or building is located to be used by said municipality for educational or recreational purposes in consideration for the municipality's promise and agreement to maintain and keep said property in repair and insured against loss by fire and windstorm; 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 the superintendent and board of education and must be according to the plans furnished by the county school authorities and the State Board of Education. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. PUBLIC DRUNKENNESSPUNISHMENT. Code 58-608 Amended. No. 931 (House Bill No. 1040). An Act to amend section 58-608 of the Code of Georgia of 1933, which defines the crime of drunkenness in public places, so as to provide that people convicted for the violation of the provisions of said section shall be confined in a county jail, county works camp or other place provided by counties for maintenance of county prisons; to provide the fine and the maximum sentence for violators; to provide that counties who do not have facilities for

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maintaining prisoners may contract with the other counties for such a purpose; to provide that where county facilities are inadequate for incarceration of female prisoners said prisoners may be sentenced to a State prison as designated by the State Board of Corrections; to provide that the delivery of female prisoners shall be at the expense of the county in which said prisoners are convicted; to provide for working prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 58-608 of the Code of Georgia of 1933, which defines the crime of drunkenness in public places, is hereby amended by adding at the end thereof the following: All other laws to the contrary notwithstanding any person convicted under this section shall be punished by a fine of not more than one thousand ($1,000.00) dollars, or confinement in the county jail, county works camp or such other place as counties may provide for maintenance of county prisoners for a period of not more than twelve (12) months or both. Counties without a public works camp may contract with counties having a public works camp to maintain prisoners of the former. Provided, however, that where the judge of the superior court of any county certifies to the State Board of Corrections that the county facilities of that county are inadequate for female prisoners, any female prisoner may be committed to the State Board of Corrections for service of her sentence in any State prison, as may be directed by the Board of Corrections. Provided, further, that the delivery of such prisoners to the proper place of detention shall be at the expense of the county of conviction., so that when so amended said section 58-608 shall read as follows: 58-608. Drunkenness in public places; power of municipal corporations to legislate; `public street or highway' defined. Any person who shall be and appear in an intoxicated

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condition on any public street or highway, or with the curtilage of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any steamboat engaged at the time in carrying passengers, or upon any railway passenger train, or at or on any fair grounds, ball grounds, show grounds, park, or at any other place of public gathering or assembly, which said drunkenness or intoxication may be caused by the excessive use of intoxicating wines, beers, liquors, or opiates, and must be made manifest by biosterousness, or by indecent condition or acting, or by vulgar, profane or unbecoming language, or loud and violent discourse of the person or persons so intoxicated or drunken, shall be guilty of a misdemeanor. This section shall not be construed to affect the powers delegated to municipal corporations to pass laws to punish drunkenness or disorderly conduct within their corporate limits. The words `public street or highway' used in this section are intended to include and shall be construed to mean any public or private street, road or private way generally used and traveled by the public or by the community where said street, road or private way is located. All other laws to the contrary notwithstanding any person convicted under this Section shall be punished by a fine of not more than one thousand ($1,000.00) dollars, or confinement in the county jail, county works camp or such other place as counties may provide for maintenance of county prisoners for a period of not more than twelve (12) months or both. Counties without a public works camp may contract with counties having a public works camp to maintain prisoners of the former. Provided, however, that where the judge of the superior court of any county certifies to the State Board of Corrections that the county facilities of that county are inadequate for female prisoners, any female prisoner may be committed to the State Board of Corrections for service of her sentence in any State prison, as may be directed by the Board of Corrections. Provided, further, that the delivery of such prisoners to the proper place of detention shall be at the expense of the county of conviction. If committed to the county jail, the county governing authority may work said prisoner on any public road or public property. Provided, further, that any person who has been convicted

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under this section three or more times during a two year period including the date of the conviction in the pending case, may be punished at the discretion of the trial judge under the provisions of section 27-2506 relating to punishment for misdemeanors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. PRACTICE AND PROCEDUREPENDING LITIGATION DEFINED. Code 3-202 Amended. No. 933 (House Bill No. 1062). An Act to amend Code section 3-202, relating to Equitable Proceedings, so as to provide that foreclosures and sales under power shall be considered pending litigation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 3-202, relating to Equitable Proceedings is hereby amended by adding at the end of said section the following sentence: For the purposes of this section, foreclosures and sales under power shall be considered pending litigation. so that when so amended said section shall read as follows: All petitions for equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the petition may be filed in the county where the proceedings shall be pending, provided no relief is prayed as to matters not included

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in such litigation. For the purposes of this section, foreclosures and sales under power shall be considered pending litigation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. STATE OFFICE BUILDING AUTHORITY. No. 934 (House Bill No. 1066). 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, particularly by an Act approved April 7, 1961 (Ga. L. 1961, p. 587), so as to change the definition of the word project; to increase the amount for which revenue bonds may be issued; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State Office Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, particularly by an Act approved April 7, 1961 (Ga. L. 1961, p. 587), is hereby amended by adding at the end of Subsection (b) of Section 3 the following: The word `project' shall also be deemed to mean and include an Executive Mansion and buildings, structures and facilities of every kind and character for use in conjunction with such Mansion regardless of whether such buildings, structures and facilities are physically connected with such Mansion. Executive mansion. so that when so amended subsection (b) of section 3 shall read as follows: (b) The word `project' shall be deemed to mean and include one or a combination of two or more of the following:

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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. The word `project' shall also be deemed to mean and include an Executive Mansion and buildings, structures and facilities of every kind and character for use in conjunction with such Mansion regardless of whether such buildings, structures and facilities are physically connected with such Mansion. Section 2. Said Act is further amended by striking from section 5 the figure $18,000,000 and inserting in lieu thereof the figure 19,000,000, so that when so amended section 5 shall read as follows: Section 5. 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 the sum not to exceed $19,000,000 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. Bond limits.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. CLERKS OF SUPERIOR COURTSAUTHORITY TO DESTROY CERTAIN RECORDS. Code 24-2715 Amended. No. 935 (House Bill No. 1071). An Act to amend Code section 24-2715 of the Code of Georgia, 1933, which prescribes additional duties of clerks of superior courts and clerks of city courts, so as to authorize clerks of the superior court, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, which records are over fifteen (15) years of age; to authorize every clerk of the superior court or city court, from time to time, to destroy original pleadings which have been recorded in the minutes or writ books of the court, in every civil case except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption, that has been finally terminated for twenty (20) years or more; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 24-2715 of the Code of Georgia, 1933, relating to additional duties of clerks of superior courts and clerks of city courts, is hereby amended by striking paragraph ten (10) thereof, and substituting in lieu thereof the following: 10. To keep all the books, papers, dockets and records belonging to his office with care and security, and the

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papers filed, arranged, numbered and labeled, so as to be of easy reference, provided, however: (a) That clerks of the superior court are authorized, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, which records are over fifteen (15) years of age; and (b) Every clerk of the superior court or city court is, from time to time, authorized to destroy original pleadings which have been recorded in the minutes or writ books in the court, in every civil case except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption, that has been finally terminated for twenty (20) years or more. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. WAYCROSS JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 937 (House Bill No. 1086). An Act to amend an Act placing the solicitor-general of the Waycross Judicial Circuit on a salary, approved August 20, 1917 (Ga. L. 1917, p. 299), as amended, so as to change the compensation of the solicitor-general; to provide the proportion of the compensation to be paid by each of the several counties in the Waycross Judicial Circuit; 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 Waycross Judicial Circuit on a salary, approved August 20,

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1917 (Ga. L. 1917, p. 299), as amended, is hereby amended so as to provide that the salary to be paid the solicitor-general of the Waycross Judicial Circuit shall be ten thousand six hundred ($10,600.00) dollars per annum to be paid monthly. The portion of the salary payable by each of the counties composing the Waycross Judicial Circuit to the solicitor-general thereof in compensation for services of such solicitor-general shall be paid by each of the counties as follows on the first day of each month: Ware $231.20 Coffee $179.30 Pierce $136.32 Bacon $118.98 Brantley $113.34 Charlton $104.20 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. GEORGIA INSURANCE CODEINVESTMENTS BY INSURERS. Code 56-1018 Enacted. No. 938 (House Bill No. 1090). An Act to amend an Act entitled the Georgia Insurance Code, approved March 8, 1960 (Ga. L. 1960, p. 289), so as to provide that insurers may invest in obligations issued, assumed or guaranteed by the Inter-American Development Bank; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Insurance Code, approved March 8, 1960 (Ga. L. 1960, p. 289), is

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hereby amended by adding at the end thereof a section 56-1018 to read as follows: Section 56-1018. An insurer may invest in obligations issued, assumed or guaranteed by the Inter-American Development Bank. The investments authorized by this section shall not be counted as an investment of reserves of section 56-1005 (4) at any one time in an amount greater than five (5%) percent of the insurer's admitted assets. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. TALLAPOOSA JUDICIAL CIRCUITTERMS OF COURT. No. 939 (House Bill No. 1092) An Act to amend an Act relating to the time of holding superior court in Tallapoosa Judicial Circuit, approved March 28, 1961 (Ga. L. 1961, p. 223), so as to provide for a change in certain dates therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the time of holding superior court in the Tallapoosa Judicial Circuit, approved March 28, 1961 (Ga. L. 1961, p. 223), is hereby amended by striking in section 1 of said Act the words second Monday in October and inserting in lieu thereof the words third Monday in October and by striking the words first Monday in December and inserting in lieu thereof the words second Monday in November so that when so amended said section shall read as follows: Section 1. That the time of holding superior court of the counties of the Tallapoosa Circuit shall be hereafter as

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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 third Monday in October; and for the County of Haralson the fourth Monday in April, the second Monday in August and the second Monday in November. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. TEACHERS RETIREMENT SYSTEM ACT AMENDED. No. 944 (House Bill No. 1115). 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 an Act approved April 5, 1961 (Ga. L. 1961, p. 392), so as to provide that the board of trustees of the retirement system be required at stated times to make available funds to establish a minimum and maximum floor for each year of service up to 40 years as of July 1, 1961 for those members retired on or before that date; 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 an Act approved April 5, 1961 (Ga. L. 1961, p. 392), is hereby amended by adding at the end of section 9 of the aforesaid 1961 amendatory Act of said Act the following: The board of trustees is hereby required to make available

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semi-annually such funds as the income of the system will allow, to the retirement structure for those members retired on or before July 1, 1961, until a minimum floor of six ($6.00) dollars for each year of service up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor may be authorized by the Budget Bureau to be paid from State funds. Provided, however, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum six ($6.00) dollar floor., Amount of State contribution. so that when so amended said section 9 shall read as follows: 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. The board of trustees is hereby required to make available semi-annually such funds as the income of the State will allow to the retirement structure for those members retired on or before July 1, 1961 until a minimum floor of six ($6.00) dollars for each year of service up to 40 years is reached. If the funds made available semi-annually are not sufficient to fully finance said aforementioned floor the amount necessary to reach said floor may be authorized by the Budget Bureau to be paid from State funds. Provided, however, that the contribution of State funds shall be reduced as the funds made available from the income of the retirement system is increased. Said practice shall continue until the retirement system can absorb the entire cost of maintaining said minimum six ($6.00) dollar floor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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CRIMINAL PROCEDUREAFFIDAVITS AND WARRANTS, CONTENTS. Code 27-103.1 Enacted. Code 27-104, 27-105 Amended. No. 945 (House Bill No. 1116). An Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, the making of affidavits and the issuing of warrants, so as to specify the information that shall be stated in the affidavits made or the warrants issued for the arrest of an offender against the penal laws of this State; to amend Code section 27-104, defining the form of affidavit to be made upon which to issue a warrant for an arrest so as to redefine the form of the affidavit to be used; to amend Code section 27-105, defining the form used for a warrant for an arrest so as to redefine said form; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 27-1, relating to proceedings prior to arrest, the making of affidavits and the issuing of warrants, is hereby amended by adding a new Code section thereto to be known as 27-103.1 to read as follows: 27-103.1. In addition to the requirements stated in Code section 27-103, the person taking the affidavit required and authorized to be issued by Code section 27-103, or issuing the warrant required and authorized to be issued by Code section 27-103, shall, when stating the offense, in addition to naming the offense, state: the time, date, and place of occurrence of said offense, against whom such offense was committed, and a statement describing the offense. When the offense charged is larceny, in addition to the above required information, there shall be named: the property alleged to have been stolen with a description thereof, the name of the owner, the value of such property, and the name of the person from whose possession such property

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was taken. It is the intent of these requirements that the defendant shall be informed of the specific charge against him and of all basic pertinent particulars pertaining thereto. Contents of affidavits. Section 2. Code section 27-104, defining the form of affidavit to be made upon which to issue a warrant for an arrest, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to be numbered section 27-104, to read as follows: 27-104. An affidavit complying with the following form shall, in all cases, be sufficient: Georgia,.....County. Personally came A. B., who on oath says that, to the best of his knowledge and belief, C. D. did, on the.....day of....., in the year....., in the county aforesaid, commit the offense of (insert here all information describing offense as required by Code section 27-103 and Code section 27-103.1) and this deponent makes this affidavit that a warrant may issue for his arrest. A. B. Form of affidavit. Sworn to and subscribed before me, this the.....day of....., 19...... ....., J. P. Section 3. Code section 27-105, defining the form used for a warrant for an arrest is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new section 27-105 to read as follows: 27-105. A warrant complying with the following form shall, in all cases, be sufficient: Georgia,.....County. To any sheriff, deputy sheriff, coroner, constable, or marshal of said State Greeting: Form of warrant. A. B. makes oath before me that on the.....day of....., in the year 19....., in the

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county aforesaid, C. D. did commit the offense of (insert here all information describing offense as required by Code section 27-103 and Code section 27-103.1). You are therefore commanded to arrest the body of the said C. D., and bring him before me, or some other judicial officer of this State, to be dealt with as the law directs. You will also levy on a sufficiency of the property of said C. D. to pay the costs in the event of his final conviction. Herein fail not. ....., J. P. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. SICK LEAVE FOR SCHOOL BUS DRIVERS. No. 947 (House Bill No. 712). An Act to provide that school bus drivers in the public schools of this State shall be entitled to sick leave with full pay computed on the basis of one and one-fourth working days for each completed school month of service; to provide for the accumulation of such leave; to prescribe rules for the taking of such sick leave; to provide that the cost of employing substitute school bus drivers shall not be imposed upon school bus drivers absent on sick leave; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each person employed as a school bus driver in any public school of this State shall be entitled to sick leave with full pay, if and when sufficient funds for such purpose are available, computed on the basis of one and one-fourth working days for each completed school month of service, such leave to be cumulative for one school year. A school bus driver may utilize sick leave upon the approval of the Superintendent in which such school bus driver is

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employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty, or to illness or death in the school bus driver's immediate family. School bus drivers shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other non-work days. Section 2. The scale of pay for these substitute drivers shall be determined by the board of education of the system in which said employee is employed. Section 3. No school bus driver utilizing sick leave under the provisions of this Act shall be required to pay the cost of employing a substitute school bus driver to serve in his absence on such sick leave. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. GAME AND FISHPENALTY FOR ILLEGAL NIGHT HUNTING, ETC. No. 950 (House Bill No. 1142). An Act to amend an Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide which animals might be hunted at night; to provide for the forfeiture of vehicles used in hunting deer at night; to provide for the sale of such vehicles so forfeited; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which revised, superseded, and consolidated the laws relating to the Game and Fish Commission,

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approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking section 67 in its entirety and inserting in lieu thereof a new section 67 which shall read as follows: Section 67.(a) There shall be no night hunting in this State except for raccoons, opossums, foxes, mink, skunk and rabbits and these may not be hunted with lights, commonly known as head lights, attached to the head or otherwise attached to the body. The penalty for any violation of this section shall be a fine not exceeding two hundred dollars or imprisonment not exceeding sixty days. (b) Every vehicle, boat, animal and firearm used in the hunting of deer at night is hereby declared forfeited to the State and shall be confiscated by any peace officer who shall forthwith deliver it to the Director or his duly authorized agent. The term `hunting' as used in this section in reference to a vehicle or boat shall include the transportation of a hunter to or from the place of hunting and the transportation of the carcass, or any part thereof, of a deer which has been unlawfully killed at night. (c) The Director or his authorized agent shall sell any such vehicle, boat, animal or firearm at public auction for cash to the highest bidder in front of the county courthouse in the county in which it was confiscated after having given ten days public notice of such sale by posting advertisement thereof on the door or bulletin board of the county court-house and by publishing such advertisement at least once in the newspaper in which legal notices for the county are published. Upon such sale the Director shall pay over the net proceeds thereof, after payment of the proper costs and expenses, if any, of the seizure, advertisement and sale; including any proper expenses incurred for the storage of such vehicle or boat or for the housing and feeding of such animal pending the sale, to the State Treasurer for deposit in the game protection fund. But when such vehicle, boat or animal is of greater value than one thousand dollars,

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the owner thereof may at any time before sale redeem it by paying to the Director for deposit as aforesaid the sum of one thousand dollars therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. OFFICE OF ASSISTANT SOLICITORGENERAL CREATED IN JUDICIAL CIRCUITS HAVING POPULATION OF NOT LESS THAN 100,000 AND NOT MORE THAN 105,000 PERSONS. No. 962 (House Bill No. 1193). An Act to provide for the appointment of an assistant solicitor-general in all judicial circuits of this State having a population of not less than 100,000 and not more than 105,000 according to the United States census of 1960 or any future United States census; to provide for his duties, compensation, authority, term of office; 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: Section 1. In all judicial circuits of this State having a population of not less than 100,000 and not more than 105,000 according to the United States census of 1960 or any future United States census, there is hereby created an office known as assistant-solicitor-general and in all such judicial circuits the solicitor-general is hereby authorized to appoint an assistant solicitor-general. Office created. Section 2. The assistant solicitor-general so appointed shall serve at the pleasure of the solicitor-general and may be removed from office by the solicitor-general. Terms. Section 3. The assistant solicitor-general shall have such authority as given to solicitors-general by the Laws of this

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State as such authority may be delegated to him by the solicitor-general under whom he holds his appointment, and when acting on behalf of the solicitor-general, he shall have all the authority and power, as well as the duties of the solicitor-general in the courts of the counties comprising such judicial circuit. Duties. Section 4. The qualification of said assistant solicitor-general shall be the same as those prescribed for the solicitor-general; and he shall be required to take the same oath required of the solicitor-general after appointment and before assuming the duties of his office. Qualifications, oath. Section 5. The assistant solicitor-general shall receive as compensation for his services a salary of six thousand dollars ($6,000.00) per annum. Said salary shall be paid prorata out of the general treasuries of the various counties composing said judicial circuit, upon the basis of the population and upon the same basis as the solicitor-general of said circuit is paid. Salary. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. GENERAL APPROPRIATIONS ACT AMENDEDTY COBB BASEBALL MEMORIAL COMMISSION. No. 973 (House Bill No. 808). An Act to amend an Act entitled 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

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or modified by law; to provide for the control and administration of the funds; and to repeal conflicting laws., approved April 5, 1961, (Ga. L. 1961, p. 356), so as to provide an appropriation of $200,000.00 to aid in carrying out the provisions set forth in an Act creating the Ty Cobb Baseball Memorial Commission; 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 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., approved April 5, 1961, (Ga. L. 1961, p. 356), is hereby amended by striking from section 50 the figure $53,800,000.00 and inserting in lieu thereof the figure $54,000,000.00 and adding a new subsection thereto to be known as subsection (m) to read as follows: (m) Ty Cobb Baseball Memorial Commission. To aid in carrying out the provisions set forth in the Act creating the Ty Cobb Baseball Memorial Commission.....$200,000.00 It is specifically provided that the funds herein appropriated to the Ty Cobb Baseball Memorial Commission may be used by the commission in carrying out any of its duties, powers and authority as provided in the Act creating said commission and further provided that said commission shall repay said appropriation into the Treasury of the State of Georgia out of first available surplus funds of the commission. so that when so amended said section shall read as follows: Section 50. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority

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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 by the foregoing sections of this Act. 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.

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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 Teachers' 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 (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 new 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

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(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 (m) Ty Cobb Baseball Memorial Commission. To aid in carrying out the provisions set forth in the Act creating the Ty Cobb Baseball Memorial Commission.....$ 200,000.00 It is specifically provided that the funds herein appropriated to the Ty Cobb Baseball Memorial Commission may be used by the commission in carrying out any of its duties, powers and authority as provided in the Act creating said commission and further provided that said commission shall repay said appropriation into the Treasury of the State of Georgia out of the first available surplus funds of the commission. Total Contingent Appropriations .....$54,000,000.00 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. PRIMARY RECOUNT LAW AMENDED. No. 974 (House Bill No. 791). An Act to amend an Act providing for a recount of the ballots cast in any primary held in this State by any political party for the nomination of candidates for Governor, Statehouse officers, members of the General Assembly, members of Congress, judges of the superior courts, Justices of the Supreme Court, Judges of the

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Court of Appeals, solicitors general and of other State, county and National officers elected by the people, approved March 27, 1941, (Ga. L. 1941, pp. 432-439), as amended, particularly by an Act, approved February 15, 1952 (Ga. L. 1952, pp. 270-271), so as to provide for an appeal from the recount committee to the political authority holding the primary; to provide for the enforcement of the result of such appeal; to preserve and confirm the right of such political authority to adopt rules and regulations governing the contest of the announced result of any primary held by such political authority; to define the effect of the final decision rendered in such a party contest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a recount of the ballots cast in any primary held in this State by any political party for the nomination of candidates for Governor, Statehouse officers, members of the General Assembly, members of Congress, judges of the superior courts, Justices of the Supreme Court, Judges of the Court of Appeals, solicitors general and of other State, county and National officers elected by the people, approved March 27, 1941 (Ga. L. 1941, pp. 432-439), as amended, particularly by an Act, approved February 15, 1952 (Ga. L. 1952, pp. 270-271), is hereby amended in the following particulars: (a) By striking the section 11 of the said Act in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. A majority of said committee shall constitute a quorum, and the ruling of the majority of such committee on any matter arising before said committee for determination shall be controlling and final in the deliberations of said committee. The superior court judge serving as a member shall be chairman of the committee and preside at meetings. Quorum. (b) By striking section 12 of the said Act in its entirety

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and inserting in lieu thereof a new section 12 to read as follows: Section 12. Within twenty-four hours after the aforesaid proceedings for a recount of such ballots have been closed, the said recount committee shall publicly announce the result thereof and reduce the same to writing, and file a report thereof with the county executive committee or other authority having held such primary, hereinafter sometimes referred to as the county political authority, and with the State executive committee or other appropriate authority of the political party having held such primary, hereinafter sometimes referred to as the State political authority, if the same relates to other than a county office. Within twenty-four hours after such recount committee files its report and findings on such recount, any candidate involved in such recount and adversely affected thereby, may appeal such report and findings to the county political authority. The manner and scope of such appeal and the right of any further appeal to the State political authority shall be prescribed by the State political authority. The report and findings of such recount committee in the event no appeal is taken, or the report and findings of the county political authority or the State political authority, as the case may be, shall be final, and shall be adopted, promulgated, published and certified as such by the authority of the political party under whose jurisdiction the said primary has been held. Appeals, etc. (c) By striking section 13 of the said Act in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. The result of such primary or any certification, finding or report as to such result by such political party, or any subdivision thereof, or the recount committee, rendered prior to the final conclusion of the recount procedure, including any appeal from the decision of the recount committee, shall be null and void in the event the result of such primary is changed by the final conclusion of such recount procedure. Final report.

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(d) By striking section 14 of the said Act in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. In the event the county executive committee or other authority having held such primary should fail or refuse to adopt, as herein set out, the result of the recount procedure, including any appeal from the decision of the recount committee, then the candidate for office whose rights may be affected by the failure or refusal of such executive committee or other authority to abide by such result of such recount procedure shall have the right to proceed by mandamus or other appropriate legal or equitable remedy in the courts of this State to enforce such result of such recount procedure. Jurisdiction to hear and determine such cause is hereby conferred upon the superior courts of this State, notwithstanding the political nature of any such controversy. Mandamus, etc. (e) By inserting between sections 14(b) and 15 of the said Act a new section to read as follows: Section 14(c). Nothing contained in this Act shall in any way be construed as abrogating the right of any State political authority to adopt rules and regulations governing any contest of the announced result of a primary held by such State political authority or any subdivision thereof, and the right to adopt such rules and regulations for such party contest and to conduct same is hereby reserved and confirmed unto such State political authority. The recount procedure hereinbefore referred to may be pursued independently or in conjunction with some other procedure provided by such State political authority for a party contest and in the event of a conflict between the final decisions rendered in such procedures, the final decision rendered in the party contest procedure shall govern and control. Rules. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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PRACTICE AND PROCEDUREEFFECT OF AMENDMENTS. Code 81-1001 Amended. No. 975 (Senate Bill No. 27). An Act to amend Code section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 82), so as to remove certain provisions relating to the waiver of objections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 82), is hereby amended by striking the following: Either party who amends or attempts to amend his petition or other pleadings in response to order or other ruling of the court shall not be held to have waived his objection to such order or ruling but may thereafter take exception thereto as in other cases. so that when so amended, section 81-1001 shall read as follows: 81-1001. The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas, and may, by order, dismiss plaintiff's petition or strike defendant' plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court, may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may

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be had at any place in the circuit after due notice to attorneys for the parties. Where the court sustains any or all demurrers to pleading, and allows time for the filing of an amendment, such judgment or order shall not be subject to exception or review, but the court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for the amendment which shall supersede the judgment allowing time for amendment. Parties have the right to amend at any time prior to the rendition of such latter judgment. Nothing herein shall be construed to abridge the right of amendment otherwise existing. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. OLD AGE ASSISTANCE ACT AMENDEDASSISTANCE DEFINED. Code 99-602 Amended. No. 976 (Senate Bill No. 52). An Act to amend an Act known as The Old Age Assistance Act, approved February 26, 1937 (Ga. L. 1937, p. 311), as amended so as to change the definition of Assistance under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 99-602 of the Georgia Code Annotated, relating to definitions, is hereby amended by striking the definition of Assistance, which reads as follows: `Assistance' means money payments to, or hospital care in behalf of, needy individuals who are 65 years of age or

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older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual (a) who is a patient in an institution for tuberculosis or mental disease, or (b) who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof. (Acts 1937, pp. 311, 312), and by substituting, in lieu thereof, a new definition to read as follows: `Assistance' means money payments to, or medical care in behalf of or any type of remedial care recognized under State law in behalf of, needy individuals who are sixty-five years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual who is a patient in a institution for tuberculosis or mental diseases. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. PRACTICE AND PROCEDUREDISCOVERY, DEPOSITIONS, ETC. Code 38-2114 Enacted. Code 38-2111 (a), 38-2113 (a) Amended. No. 977 (Senate Bill No. 56). An Act to amend an Act revising the laws of Georgia relating to discovery, depositions and interrogatories, approved March 25, 1959 (Ga. L. 1959, Vol. 1, p. 425), so as to define the method of service of notices, orders, subpoenas and other papers; to redefine the courts to which application for compelling discovery may be made;

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to provide that said Act shall be applicable to proceedings before the State Board of Workmen's Compensation and other tribunals, boards or agencies authorized by law to take or hear evidence under oath; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising the laws of Georgia relating to discovery, depositions and interrogatories, approved March 25, 1959 (Ga. L. 1959, Vol. I, p. 425) is hereby amended by adding to section 1 thereof a new subsection as follows: Section 38-2113 (a) Service of any notice, order or other paper provided for herein upon any party or witness, except as provided in section 38-2102, and except as to subpeonas, may be made in the same manner as now or hereafter provided for the service of demurrers, pleas and answers under Code section 81-301, as amended. Service of notices, etc. (b) Service of all subpoenas authorized or required to be served under this Act may be made as now or hereafter provided for the service of subpoenas requiring the attendance of witnesses in Court. Section 2. Section 1 of said Act, relating to depositions and discovery, is hereby amended by striking from section 38-2111 (a) hereof, relating to refusal to make discovery, the word superior in the seventh (7th) line thereof, so that said section as so amended shall read as follows: Section 38-2111 (a) If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the county where the deposition is taken for an order compeling an answer. Upon the refusal of a deponent to answer any interrogatory submitted under section 38-2106 or upon the refusal of a party to answer any interrogatory submitted under section 38-2108

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the proponent of the question may on like notice make like application for such order. If the motion is granted and if the court finds that the refusal was without substantial justification the court shall require the refusing party or deponent and the party or attorney advising the refusal or either of them to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied and if the court finds that the motion was made without substantial justification, the court shall require the examining party or the attorney advising the motion or both of them to pay the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees. Orders to require compliance. Section 3. Said Act is further amended by adding to section 1 thereof a new section as follows: Section 38-2114. The provisions of this Act shall apply to proceedings before the State Board of Workmen's Compensation as provided in Code section 114-706, and with respect to any proceeding before any other board, agency, commission, or tribunal now or hereafter authorized by law to take or hear testimony or other evidence under oath. In such cases, proceedings for contempt as provided in section 38-2111 (b) shall be referred to the superior court of the county wherein the deposition was taken or which was named in the notice. Provided however, nothing herein shall be construed as repealing Code sec. 114-713, relating to examination of claimants pursuant to order of the Board or any member thereof. Applicable to Workmen's Compensation Board. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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PRACTICE AND PROCEDURETIME OF FILING DEFENSIVE PLEADINGS. No. 978 (Senate Bill No. 57). An Act to provide for extensions of time for the filing of defensive pleadings by agreement of counsel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Counsel for the parties to any cause pending in any court of this State may be written agreement filed with the clerk of court extend the time for filing of defensive pleadings for a period not exceeding thirty (30) days after the last day upon which such defensive pleadings otherwise were required by law to have been filed; provided however, that no extension of time as hereinabove provided shall affect the trial term of any case unless specifically provided therein or unless such extension has the necessary effect of extending the day for filing of defensive pleadings beyond the term or day upon which such case was otherwise triable. Agreement of parties, etc. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. PRACTICE AND PROCEDUREDEFAULT JUDGMENTS. Code 110-401 Amended. Code 110-406 Repealed. No. 979 (Senate Bill No. 59). An Act to amend Code section 110-401 of the Code, as amended by Acts approved February 1, 1946 (Ga. L. 1946, pp. 761, 777), and February 15, 1952 (Ga. L. 1952, p. 195), and December 22, 1953 (Ga. L. 1953 Nov.-Dec. sess., pp. 440, 451), relating to the judgments by default,

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so as to redefine the situations in which damages must be established by evidence before the court or a jury; to repeal Code section 110-406, as amended by the aforesaid Acts of 1946 and 1953; relating to judgments without a jury in cases in default; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 110-401 of the Code, as amended by Acts approved February 1, 1946 (Ga. L. 1946, pp. 761, 777), and February 15, 1952 (Ga. L. 1952, p. 195), and December 22, 1953 (Ga. L. 1953 Nov.-Dec. sess., p. 440, 451), relating to judgments by default, is hereby amended by striking said section and substituting in lieu thereof the following: 110-401. If any case is not answered on or before its appearance day, such case shall automatically become in default unless time for filing answer has been extended as provided by law. The default may be opened as a matter of right by the filing of such defenses within fifteen (15) days after the appearance day, upon the payment of costs. If the case is still in default after the expiration of such period of fifteen (15) days, the plaintiff, at anytime thereafter shall be entitled to verdict and judgment by default, in term time or vacation, in open court or in chambers, as if every item and paragraph of the petition were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages, in which event the plaintiff shall be required to introduce evidence and establish the amount of damages before the court without a jury as to civil cases, and before a jury as to actions ex delicto with the right to move for a new trial in respect of such damages, and also to except as in other cases. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this section. Codes 110-401 amended. Section 2. Code section 110-406, as amended by the aforesaid Acts of 1946 and 1953, relating to trial of cases in default without a jury, is hereby repealed. Code 110-406 repealed.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. STATE BOARD OF CORRECTIONSCOMPENSATION OF DIRECTOR. No. 980 (Senate Bill No. 282). An Act to amend an Act entitled an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 160), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 413), so as to increase the salary of the Director of Corrections; 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 comprehensively and exhaustively revise, supersede and consolidate the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 160), as amended, particularly by an Act aproved March 25, 1958 (Ga. L. 1958, p. 413), is hereby amended by striking from section 9 thereof the figures $12,000 and inserting in lieu thereof the words and figures fifteen thousand six hundred ($15,600.00) dollars so that when so amended said section shall read as follows: Section 9. The State Board of Corrections shall elect a director of corrections who shall be the executive officer of the board, and shall hold office at the pleasure of the board. The director shall receive a subsistence allowance of $2,000 per annum, payable monthly, and shall be paid a salary of fifteen thousand six hundred ($15,600.00) dollars annually, payable monthly. The director shall direct and

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supervise all the administrative activities of the State Board of Corrections, and shall attend all meetings of the State Board of Corrections. The director shall also make, publish and furnish to the General Assembly and the Governor annual reports regarding the work of the State Board of Corrections, and such special reports as he may consider helpful in the administration of the penal system, or as may be directed by the State Board of Corrections. The director shall perform such other duties and functions necessary, or desirable, to carry out the intent of this law, and which he may be directed to perform by the State Board of Corrections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CONSTITUTIONAL AMENDMENTSMETHOD OF CERTIFYING RESULTS. No. 981 (Senate Bill No. 85). An Act to repeal an Act entitled An Act to carry into effect article 13, section 1, paragraph 1 of the Constitution of Georgia, by providing for the publication of any proposed amendment to the Constitution of this State, for submission of the same to the people, and for ascertaining and declaring the result of the election thereon; and for other purposes., approved March 24, 1939 (Ga. L. 1939, p. 305), as amended, by an Act approved March 27, 1941 (Ga. 1941, p. 384); to provide for the returns of elections relating to Constitutional amendments to be made to the Secretary of State; to provide that the Secretary of State shall certify the results to the Governor; 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 carry into effect article 13, section 1, paragraph 1 of the Constitution of

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Georgia, by providing for the publication of any proposed amendment to the Constitution of this State, for submission of the same to the people, and for ascertaining and declaring the result of the election thereon; and for other purposes., aproved March 24, 1939 (Ga. L. 1939, p. 305), as amended, by an Act approved March 27, 1941 (Ga. L. 1941, p. 384), is hereby repealed in its entirety. Section 2. The returns of the elections relative to Constitutional amendments shall be made by the ordinaries to the Secretary of State whose duty it shall be to ascertain the result and certify the result to the Governor. Such certification shall be made immediately after the consolidation of the returns and the ascertainment of the results thereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. STATEWIDE PROBATION ACT AMENDEDCOMPENSATION OF DIRECTOR OF PROBATION. No. 983 (Senate Bill No. 181). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), so as to change the compensation of the director of probation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), is hereby amended by striking from section 3 the figures $5,000.00 and inserting in lieu

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thereof the words and figures seven thousand seven hundred fifty ($7,750.00) dollars and by striking the figures $8,500.00 and inserting in lieu thereof the words and figures nine thousand eight hundred fifty ($9,850.00) dollars, so that when so amended said section 3 shall read as follows: Section 3. There is hereby created the office of director of probation, who shall be in charge of the probation system, subject only to the supervision of the State Board of Probation. He shall be appointed by and serve at the pleasure of the board. His compensation shall be fixed by the board in an amount not less than seven thousand seven hundred fifty ($7,750.00) dollars nor more than nine thousand eight hundred fifty ($9,850.00) dollars per annum. Any person, in order to hold the office of director of probation, must be at least 25 years of age and must have completed a standard four-year college course with specialization in social studies or related subjects, and must have had at least one year of experience in the probation, parole, correctional, social welfare or educational fields or equivalent experience. He must have a general knowledge of modern probation methods and of the social problems involved. The qualifications provided herein are the minimum qualifications and the board is hereby authorized to prescribe such additional and higher qualifications from time to time as it deems desirable. Such officer shall also be allowed travel and other expenses the same as other State employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962.

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REWARDS FOR ARREST AND CONVICTION OF CATTLE THIEVES, ETC. Code 27-101 Amended. No. 986 (Senate Bill No. 225). An Act to amend Code section 27-101 relating to rewards offered by the Governor, so as to authorize the Governor, in his discretion, to offer and cause to be paid, rewards for the detection or apprehension of cattle thieves; to provide that in no event shall the reward be paid until after the conviction of the cattle thief; 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 section 27-101 relating to rewards that may be offered by the Governor, is hereby amended by adding at the end of said section the following: The Governor shall, at his discretion, offer, and cause to be paid, rewards for the detection or apprehension of cattle thieves stealing cattle within this State, such reward shall not exceed the sum offered by the Georgia Livestock Association or the Georgia Cattlemen's Association and in no event shall said sum exceed five hundred dollars ($500.00), said reward for cattle thieves shall not be paid until after the conviction of the offender or offenders. so that when so amended, said Code section shall read as follows: 27-101. Governor may offer rewards for arrest of felons. The Governor shall, in his discretion, offer, and cause to be paid, rewards for the detection or apprehension of the perpetrator of any felony committed within this State, such reward not to exceed the sum of $250 in case of felonies not capital, and not to exceed the sum of $500 in capital felonies; but no such reward shall be paid to any officer who shall arrest such person in the regular discharge of his duty, by virtue of process in his hands to be executed, nor

Page 694

to any person who has arrested the offender previously to the publication of the reward. Whenever the Governor receives reliable information that any gin house has been unlawfully burned or set on fire, he shall offer a reward of not less than $250, nor more than $500, for the apprehension of the incendiary with proof sufficient to convict, and in no event shall the reward be paid until after the conviction of the offender. The Governor, shall, at his discretion, offer, and cause to be paid, rewards for the detection or apprehension of cattle thieves stealing cattle within this State, such reward shall not exceed the sum offered by the Georgia Livestock Association or the Georgia Cattlemen's Association and in no event shall said sum exceed five hundred dollars ($500.00), said reward for cattle thieves shall not be paid until after the conviction of the offender or offenders. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. DEPARTMENT OF INDUSTRY AND TRADESUCCESSOR TO DEPARTMENT OF COMMERCE. No. 987 (Senate Bill No. 236). An Act to amend an Act creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), and an Act approved March 17, 1959 (Ga. L. 1959, p. 262), so as to create the Department of Industry and Trade in lieu of and as successor to the Department of Commerce; to create a Board of Commissioners of the Department of Industry and Trade; to provide for the appointment and terms of the members of the board; to provide for the duties, powers, authority and jurisdiction of the board; to transfer the duties,

Page 695

powers, authority and jurisdiction of the present director of the Department of Commerce to the board; to provide for a director of the Department of Industry and Trade; to provide for the appointment, term, compensation, duties, powers, authority and jurisdiction of the director; to abolish the advisory board of the Department of Commerce; to provide an effective date; 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 creating the Department of Commerce, approved February 7, 1949 (Ga. L. 1949, p. 249), as amended by an Act approved February 15, 1950 (Ga. L. 1950, p. 182), an Act approved February 19, 1956 (Ga. L. 1956, p. 46), and an Act approved March 17, 1959 (Ga. L. 1959, p. 262), 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. There is hereby created as a part of the Executive Branch of the State Government, the `Department of Industry and Trade', which is created in lieu of and as successor to the `Department of Commerce'. Created Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The department shall be under the direction and supervision of a Board of Commissioners of the Department of Industry and Trade which shall be composed of twenty (20) members. The board shall be the policy determining body of the department and shall have the duties, powers, authority, and jurisdiction provided in this Act. Board. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The members of the board shall be appointed and shall have terms as provided in the amendment to the

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Constitution creating the Department of Industry and Trade and the Board of the Department of Industry and Trade ratified at the general election in 1962. Terms, etc. Section 4. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The members of the board shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred by them in the performance of their duties. Said expenses, including mileage, shall be paid on the basis as for other State officials and employees. Compensation, etc. Section 5. 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: Section 5. The board shall adopt procedures for its own operation and for the transaction of business including, but not limited to, setting a quorum for meetings and for the transaction of business, setting meeting dates, times and places, and the procedure for calling meetings. Rules, etc. Section 6. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. There is hereby created the office of director of the Department of Industry and Trade who shall be executive officer and administrative head of the department. The director shall be appointed by and serve at the pleasure of the board. His compensation shall be fixed by the board. The director shall assist the board in the performance of its duties, powers, authority, and jurisdiction as the board shall provide. The director shall receive expenses, including mileage, as do other State officials and employees. The board is hereby authorized to designate an assistant director and such other employees as are necessary to carry out and effectuate the provisions of this Act. Director, etc. Section 7. Said Act is further amended by striking the

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word Director from the unlettered portion of section 7, and inserting in lieu thereof the word Board, so that when so amended said portion of section 7 shall read as follows: The board shall have the duties and powers hereinafter set out: Section 8. Said Act is further amended by striking from section 8 the word Director wherever it appears, and inserting in lieu thereof the word Board. Section 9. Said Act is further amended by striking the word Director from section 9, and inserting in lieu thereof the word Board, so that when so amended section 9 shall read as follows: Section 9. The board shall make, from time to time, in writing, recommendations to the Governor and to the General Assembly concerning the improvement of conditions under which business, industry, and agriculture are carried on in the State, and the elimination of any restrictions or burdens imposed by law or otherwise which adversely affect or retard the legitimate development and expansion of commerce, business, industry, trade, or agriculture in the State. Duties. Section 10. Said Act is further amended by striking the word Director from section 10, and inserting in lieu thereof the word Board, so that when so amended section 10 shall read as follows: Section 10. The board may accept grants and gifts from the Federal Government, the State Government, any county, municipal, or local government, any board, bureau, commission, agency or establishment of any such government, any other organization, public or private, and any individual or groups of individuals. Grants. gifts, etc. Section 11. Said Act is further amended by striking the word Director wherever it apears in section 11, and inserting in lieu thereof the word Board, so that when so amended section 11 shall read as follows:

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Section 11. All funds received by the board from grants or gifts made to and accepted by the board pursuant to section 10, shall be used by the board to pay the expenses and costs of the operation of the department. Same, use of grants. Section 12. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. All references in any law which refer to the director of the Department of Commerce shall be held to refer to the Board of Commissioners of the Department of Industry and Trade and are hereby declared to refer to the Board of Commissioners of the Department of Industry and Trade. The board created by section 2 of this Act, is hereby declared to be successor to the previous board and the director, and shall succeed to the control, powers, duties, authority, functions and jurisdiction thereof. Section 13. The provisions of this Act shall not become effective unless a Constitutional Amendment creating the Department of Industry and Trade and a Board of Commissioners of the Department of Industry and Trade is ratified by the people at the General Election in 1962. In the event such amendment is ratified, the members of the board shall be appointed as provided in said amendment and such department and such board and the provision of this Act shall become effective April 1, 1963. Until such time, the provisions of law relating to the Department of Commerce, the director of the Department of Commerce, and the advisory board of the Department of Commerce shall remain in full force and effect. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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STATE BOARD OF CORRECTIONSFIRST OFFENDERS. No. 988 (Senate Bill No. 239). 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 approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide that the State Board of Corrections shall designate certain of the State Highway Maintenance Camps as first offender honor comps which shall be maintained and operated solely for the confinement of eligible first offenders; to provide for 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 compresensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by adding to section 14 a new subsection to be known as subsection (f) to read as follows: (f) (1) The Board of Corrections shall designate certain of the State Highway Maintenance Camps as first offender honor camps which shall be maintained and operated solely for the confinement of eligible first offenders. Honor camps. (2) A first offender for the purposes of this section shall mean any person who is for the first time committed by sentence, whether for a misdemeanor or felony, to an institution under the supervision or jurisdiction of the State Board of Corrections. And further, a first offender shall mean a person not having a criminal record for the conviction of a crime of any of the States or of the United States. First offender defined. (3) The board shall, through its staff, screen each first offender and make a determination of his mental and psychological condition for the purpose of determining whether

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or not it will be to the benefit of the State and the then population of the first offender honor camps to place such person therein. If after such examination and screening, the board is of the opinion that the first offender will be a disciplinary problem, or otherwise adversely influence the inmates of such first offender honor camps, he shall not be placed therein. All other first offenders shall be placed in one of the several first offender honor camps. Screening. (4) If after a first offender has been placed in such first offender camp, he becomes a disciplinary problem or otherwise has an adverse influence on the inmates thereof, then the Director of Corrections shall assign such prisoner to any other prison or public work camp in this State. Provided further, that all female first offenders as above defined, shall be segregated and separately maintained, housed, quartered, and worked from all other inmates of the prisons under the jurisdiction and control of the State Board of Corrections. Transfer, female first offenders. Section 2. Immediately upon the passage of this Act the State Board of Corrections shall commence to implement this program and shall within one (1) year after the passage and approval thereof have all eligible first offenders segregated and placed in first offender honor camps. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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EMPLOYEES RETIREMENT SYSTEM ACT AMENDEDPREVIOUS SERVICE AS EMPLOYEE OF PEACE OFFICERS' ANNUITY AND BENEFIT FUND. No. 992 (Senate Bill No. 259). 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 16, 1961 (Ga. L. 1961, p. 143), so as to provide for credit to members for previous service as an employee of the Peace Officers' Annuity and Benefit Fund; to provide for payments and 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 the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 16, 1961 (Ga. L. 1961, p. 143), is hereby amended by adding to section 4 a new subsection to be numbered subsection (12) to read as follows: (12) Any other provisions of law to the contrary notwithstanding, any member with prior service credits who previously was employed by the Peace Officer' Annuity and Benefit Fund shall be eligible to receive credit for such service with the Peace Officers' Annuity and Benefit Fund by paying the regular employer and employee's contribution, including accrued interest that would have accumulated during such period of employment. In the computation of such contributions and interest, the compensation of such member shall be deemed to have been the same as the compensation such member received on the date of first becoming a member. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.

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URBAN REDEVELOPMENT LAW AMENDED. No. 997 (Senate Bill No. 283). An Act to amend an Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, so as to provide that any municipality may exchange real property or land, whether vacant or improved, owned by any post, barracks, encampment, chapter, subsidiary or any other division or unit of any veterans organization chartered by the United States Congress, provided such real property or land was owned by such veterans organization on the effective date of said Act, and provided further that the municipality owning such urban redevelopment area desires to obtain the real property or land owned by such veterans organization for civic improvements (including but not limited to the building of art theaters, stadiums, parks, playgrounds, auditoriums, civic theaters and performing arts theaters); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, is hereby amended by adding at the end of subsection (b) of section 9 the following language: Notwithstanding the provisions or requirements of this section, any municipality may exchange real property or land, whether vacant or improved, in any urban redevelopment area for real property or land, whether vacant or improved, owned by any post, barracks, encampment, chapter, subsidiary or any other division or unit of any veterans organization chartered by the United States Congress, provided such real property or land was owned by such veterans organization on the effective date of this Act, and provided further that the municipality owning such urban redevelopment area desires to obtain the real property or land owned by such veterans organization for civic improvements (including but not limited to the building of art

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theaters, stadiums, parks, playgrounds, auditoriums, civic theaters and performing arts theaters). Property owned by veterans' organizations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. INCOME TAXCREDITS FOR USE TAXES PAID FOR MACHINERY IN NEW AND EXPANDING INDUSTRIES. Code 92-3002, 92-3111 Amended. No. 1000 (House Bill No. 936). An Act to amend Title 92 (`Public Revenue') Division 1 (`Sources of Revenue'), Part IX (`Income Taxes'), as amended to date by further amending section 92-3002 (`Definitions') by adding thereto a definition of Machinery for New and Expanded Industry or Agriculture; and by further amending section 92-3111 which deals with credits against income taxes; to provide for a credit against income taxes of any amount paid for machinery for new and expanded industry or agriculture at any time within six (6) years following the year in which payment thereof was made; to provide for the promulgation of rules and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3002 as amended to date, is further amended by adding thereto a new subsection to be designated subsection (q) which shall read as follows: 92-3002 Definitions - (q) The words machinery for new and expanded industry or agriculture shall mean and include:

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(1) That machinery which is derectly and proximately used in the manufacture of tangible personal property, when such machinery is incorporated for the first time into plant facilities located in this State, provided, that any machine or machinery which constitutes a replacement of any machine or machinery previously utilized in this State shall not be deemed machinery for new and expanded industry except as hereinafter expressly set forth. (2) Notwithstanding the provisions of subparagrap (1) above, when any machine or machinery shall constitute a replacement of any machine or machinery and such replacement shall be made for the purpose of substantially expanding the production capacity of the manufacturing operation making such replacement and substantially increasing the employment in such operation, such replacement machine or machinery shall be deemed to be machinery for new and expanded industry to the extent that the normal production capacity of such replacement machine or machinery exceeds the normal production capacity of the machine or machinery replaced. (3) Machinery which is purchased or leased for the purpose of engaging in a new farm operation or substantially expanding the production of a farm unit engaged in tillage of the soil and/or animal husbandry, when such expansion also results in substantially increased employment on such farm unit, provided, that any farm machine or machinery which constitutes a replacement for any farm machine or machinery previously utilized in this State shall not be deemed machinery for new and expanded agriculture except as hereinafter in this subparagraph (3) set forth. Notwithstanding anything to the contrary contained in this subparagraph (3), when any farm machine or machinery shall constitute a replacement of any farm machine or machinery and such replacement shall be made for the purpose of substantially expanding the production capacity of the farm unit making such replacement and substantially increasing the employment on such farm unit, such replacement machine or machinery shall be deemed to be machinery for new and expanded agriculture to the extent

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that the normal production capacity of such replacement farm machine and machinery exceeds the normal production capacity of the farm machine or machinery replaced. Section 2. Code section 92-3111, as amended, which deals with credits against income taxes is further amended by designating the two existing paragraphs of section 92-3111 as subsection (a) and adding to section 92-3111 a new subsection to be designated subsection (b) which shall read as follows: 92-3111. Credits Against Taxes. Every person who shall pay any amount of tax under the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, on the purchase or lease of machinery for new and expanded industry or agriculture as that term is defined in section 92-3002 (q) hereof, shall be allowed a credit against the income taxes imposed by sections 92-3101 and 92-3102 hereof in an amount equal to the amount of the sales and use tax so paid, provided that such credit must be used within the six (6) years immediately following the year in which such sales and use tax is paid and that no more than one-third (1/3) of the credit shall be used in any one year. (It being the intention of this Act to allow a credit for such sales and use tax in lieu of the deduction in determining net income as presently permitted under section 92-3109 hereof). The State Revenue Commissioner is hereby authorized to promulgate such rules and regulations regarding the submission of data supporting the credit authorized hereunder as may be necessary in his discretion, for the proper administration thereof. Section 3. This Act shall be effective for all taxable years ending on or after the date of the enactment and approval hereof. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7th, 1962.

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TY COBB BASEBALL MEMORIAL COMMISSION. No. 1001 (House Bill No. 807). An Act to create the Ty Cobb Baseball Memorial Commission; to provide that said commission shall be an instrumentality of the State of Georgia; to provide for the membership of said commission; to provide for the appointment and terms of office of said commission; to define their duties, powers and authority; to define the procedure connected therewith; to ratify and confirm a certain executive order by the Governor of the State of Georgia dated the 29th day of September, 1961, creating the Ty Cobb Baseball Memorial Commission; to ratify and confirm the commission appointed by the Governor; to ratify and confirm the actions and doings of the commission appointed by the Governor, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Ty Cobb Baseball Memorial Commission, which is to be deemed to be an instrumentality of the State of Georgia. The commission shall consist of twenty-one (21) members. The first members of the commission shall be the members of the present Ty Cobb Baseball Memorial Commission as appointed pursuant to the executive order of the Governor dated the 29th day of September, 1961, executed by the Governor for and on behalf of the State of Georgia, creating the Ty Cobb Baseball Memorial Commission, and their terms of office shall begin upon the approval of this Act by the Governor or its otherwise becoming law. Thereafter, their successors shall be chosen by a majority of the members of the commission for terms of six (6) years each from the date of expiration of their respective terms of office, except that any person chosen by the commission to fill a vacancy shall serve only for the unexpired term, and any member of the commission shall be eligible to succeed himself. Immediately after such appointment or election by the commission, as set out above, the members of the commission shall enter upon their duties. The commission shall elect one of

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its members as chairman and another as vice-chairman, and shall also elect a secretary and treasurer who may not necessarily be a member of the commission. A majority of the members of the commission shall constitute a quorum. The members of the commission shall not be entitled to compensation for their services, but shall be reimbursed for expenses incurred in the performance of their duties. The commission shall make necessary rules and regulations and by-laws for its own government. The commission may delegate to one or more of its members or to its officers, agents and employees such powers and duties as it may deem proper. Said commission shall have perpetual existence. Created, members, etc. The terms of office of the present Ty Cobb Baseball Memorial Commission shall continue in existence until the approval of this Act by the Governor or its otherwise becoming law. Section 2. It shall be the duty of the commission, as soon as it can organize, to proceed with the making of the plans for, the developing of these plans, and administering and maintaining a memorial or shrine at or in the vicinity of Royston, Franklin County, Georgia, to perpetuate the memory of the late Ty Cobb. The commission shall meet annually at such time and place as shall be selected by the members. Purposes, meetings. Section 3. The commission shall have the following powers and authority: (1) To have a seal and to alter the same at pleasure. (2) To acquire, hold and dispose of personal property for accomplishing the purposes of the commission. Powers. (3) To accept donations, grants and subsidies from any source and use same in purchasing and improving such property as the commission may deem necessary to effectuate the aims and purposes of the commission. (4) To employ special talent, do advertising and provide

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such recreational facilities as they may deem necessary and advisable. (5) To provide for public admission to such memorial or shrine, to provide for revenue for maintenance and improvements by charging admissions or in other ways as may be desired; but all such income shall be used for the advancement of the purposes for which this commission was created. (6) To acquire in its own name by donation or by purchase on such terms and conditions and in such manner as it may deem proper, in accordance with and subject to the provisions of law, real property or rights or easements therein or franchises necessary or convenient for the purposes herein specified, and to use the same so long as the commission shall be in existence, and to lease or make contracts with respect to the use of, or dispose of the same in any manner as it deems to the best advantage of the commission. (7) To appoint and select officers, agents and employees, including designers, sculptors, engineering, architectural and construction experts and attorneys and to fix their compensation. (8) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of such memorial or shrine and such improvements thereto. (9) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage self-liquidating projects or concessions to be located on property owned, leased or otherwise used by the commission. (10) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any State or political subdivision thereof or any agency or instrumentality thereof, including the Reconstruction Finance Corporation or any similar corporation upon such terms and conditions as the United States of America or

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any State or political subdivision thereof or any agency or instrumentality thereof, may impose. (11) The commission is authorized to fix and advise from time to time fees, rentals and other charges for the use of the facilities and services furnished by the commission, and to charge and collect the same and to lease and to make contracts with any person with respect to the use of any facility or part thereof. (12) Upon vote of the majority of the commission it is authorized to request the Governors of each of the States of the Union to appoint an honorary member to serve on this commission in an advisory capacity only. (13) The commission shall upon the vote of the majority of its membership have authority to provide for honorary sub-committees of representative citizens in every section of the United States who are interested in perpetuating the name of Ty Cobb. (14) To do all things necessary or convenient to carry out the powers expressed in this Act. Section 4. This Act shall be liberally construed to effect the purposes hereof. Construction. Section 5. Except as otherwise provided in this Act, the executive order of the Governor dated the 29th day of September, 1961, executed by the Governor for and on behalf of the State of Georgia, creating the Ty Cobb Baseball Memorial Commission; providing for the appointment for the members to said commission; providing the duties, powers and authority of said commission and providing certain procedures relating to said commission is hereby ratified, approved and confirmed. Executive order ratified. Section 6. Except otherwise provided in this Act, the actions of the Governor in appointing the members of the Ty Cobb Baseball Memorial Commission and all other acts by the Governor relating to said commission are hereby ratified, approved and confirmed. Appointments ratified.

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Section 7. All of the actions and doings of the Ty Cobb Baseball Commission as appointed by the Governor pursuant to the executive order of the Governor dated the 29th day of September, 1961, said executive order being executive order of the Governor acting for and on behalf of the State of Georgia, are hereby ratified, approved and confirmed. Actions ratified. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962. MILEAGE ALLOWANCE FOR AUTOMOBILES USED IN SERVICE OF STATE. Code 40-2002, 40-2003 Amended. No. 1002 (House Bill No. 99). An Act to amend Code sections 40-2002 and 40-2003, relating to mileage allowance for State officials and employees, and the furnishing of automobiles by officials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. L. 1960, p. 79), so as to prescribe such mileage allowance and the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 40-2002, relating to mileage allowances for State officials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. L. 1960, p. 79), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 40-2002 to read as follows: 40-2002. The officers, officials and employees of the various departments, institutions, boards, bureaus, and agencies of the State shall be paid 8 cents per mile as traveling

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expense when traveling in the service of the State or any agency thereof by automobile, except as provided otherwise in the General Appropriations Act. Section 2. Code section 40-2003, relating to the furnishing of automobiles by officials and employees, as amended, particularly by an Act approved February 9, 1960 (Ga. L. 1960, p. 79), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 40-2003 to read as follows: 40-2003. All officers, officials, or employees of the State and of the various departments, institutions, boards, bureaus, and agencies of the State, required to travel by automobile in the performance of their official duties, shall themselves furnish such automobiles as may be necessary for their official use, and shall receive, for the use of such automobile and as expense of operating the same, such mileage allowance as is prescribed by law. The heads of the various departments, institutions, boards, bureaus and agencies of the State shall be charged with the duty of the enforcement of this law; and they shall devise such forms and procedures for use within their departments, institutions, boards, bureaus and agencies as are necessary for the purpose of carrying into effect the intent of this law. Where passenger or other vehicles may be donated, or where the use of such vehicles may be donated to units of the University System for the more effective performance of their research or other duties, such unit is hereby authorized to take title and/or possession to such vehicles and to pay such costs as are reasonable and necessary for their maintenance, protection and operation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962.

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GEORGIA INSURANCE CODE AMENDEDATTORNEY'S FEES FOR BAD FAITH. Code 56-1206 Amended. No. 1003 (House Bill No. 290). An Act to amend Code section 56-1206, relating to the liability of insurors for damages and attorney's fees arising out of bad faith, so as to provide for the fixing of attorney's fees by the trial jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1206, relating to the liability of insurors for damages and attorney's fees arising out of bad faith, is hereby amended by striking from the second sentence in said section the word court as it appears between the word trial and the word and and inserting in lieu thereof the word jury, so that when so amended said section shall read as follows: 56-1206. In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in bad faith, the insurer shall be liable to pay such holder, in addition to the loss, not more than 25 per cent of the liability of the insurer for the loss and all reasonable attorney's fees for the prosecution of the case against the insurer. The amount of such reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in such action, provided, however, such attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of such services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where such suit is pending; provided, further, that the trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such

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portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of such attorney in the action against the insurer. Jury questions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962. CUSTODY OF CHILDREN IN DIVORCE CASES. Code 30-127, 74-107 Amended. No. 1004 (House Bill No. 467). An Act to amend Code section 30-127, relating to the custody of children in connection with the granting of divorces, as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 412), so as to provide that in all divorce cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child; to amend Code section 74-107, relating to the award of custody of any minor child or children as between the parents thereof, as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 412), so as to provide that in all cases where the custody of any minor child is involved and in cases where a change in custody of a child is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have

Page 714

the custody of said child; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 30-127, relating to the custody of children in connection with the granting of divorces, as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 412), is hereby amended by adding a new sentence at the end of said Code section to read as follows: In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. so that when so amended, said Code section shall read as follows: 30-127. Custody of Children. In all cases of divorce granted, the party not in default shall be entitled to the custody of the minor children of the marriage. The court, however, in the exercise of a sound discretion, may look into all the circumstances of the parties, including the improvement of the health of the party seeking a change in custody provisions, and, after hearing both parties, make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the ordinary. The court may exercise a similar discretion pending the application for divorce. In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. Section 2. Code section 74-107, relating to the award of custody of any minor child or children as between the parents

Page 715

thereof, as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 412), is hereby amended by adding a new sentence at the end of said Code section to read as follows: In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. so that when so amended, said Code section shall read as follows: 74-107. Custody of minor children, discretion of court as to. In all cases where the custody of any minor child or children is involved between the parents, there shall be no prima facie right to the custody of such child or children in the father, but the court hearing such issue of custody may in exercise of its sound discretion, taking into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provision, as to whose custody such child or children shall be awarded, the duty of the court being in all such cases in exercising such discretion to look to and determine solely what is for the best interest of the child or children, and what will best promote their welfare and happiness, and make award accordingly. In all such cases and in cases where a change in custody is sought, where the child has reached the age of fourteen years, such child shall have the right to select the parent with whom such child desires to live and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDRIDING ON MOTORCYCLES. No. 1005 (House Bill No. 713). 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, so as to provide for clarification of provisions relating to riders upon motorcycles other than the operator; to provide for the wearing of crash helmets of a type designated by the Director of Public Safety of the State, by those riding upon or operating motorcycles on State highways and roads; 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, is hereby amended by striking section 95 of said Act in its entirety and inserting in lieu thereof the following: Section 95. Riding on Motorcycles. A person operating a motorcycle shall not ride other than upon the permanent and regular seat attached thereto nor carry any other person as a rider upon such motorcycle other than upon such permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. No person shall ride upon or operate a motorcycle on the highways or roads of this State without wearing upon his head a crash helmet of a type designated by the Director of the Department of Public Safety of this State. Section 2. A person violating section 1 of this Act or a person who fails to comply with section 1 of this Act shall not be guilty of any negligence whatsoever, and a violation of section 1 of this Act or a failure to comply with section 1 of this Act shall not be admissable in evidence or pleaded in any civil action whatsoever in any of the courts of this State. Civil actions.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. PRACTICE AND PROCEDUREGARNISHMENT. Code 8-503, 8-505, 8-506, 46-105, 46-601, 46-603 Amended. Code 46-408 Enacted. No. 1006 (Senate Bill No. 55). An Act to clarify the procedure in garnishment and garnishment in attachment cases, so as to conform it, insofar as possible, to the procedure prevailing in ordinary civil cases; to amend Code section 46-105, relating to service and return of garnishments so as to redefine the appearance day thereof; to amend Code section 46-601, relating to garnishments on judgments obtained in the court of ordinary, so as to redefine the appearance day thereof; to amend Code section 46-603, relating to garnishments in different courts, so as to redefine the appearance day thereof; to amend Code section 8-503, relating to garnishment in attachment upon persons residing out of the county, so as to redefine the appearance day thereof; to amend Code section 8-505, relating to traverse of the answer, so as to prescribe the time of filing and trial thereon; to amend Code section 8-506 of the Code, relating to proceedings where the garnishee fails to answer, so as to provide for judgments by default; to amend Chapter 46-4, relating to dissolution, claims and judgment, by adding a new section, section 46-408, defining the procedure relative to dissolution, traverse and claims; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 46-105, relating to service and return of the summons of garnishment, is hereby amended

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by striking said section in its entirety and by substituting in lieu thereof the following: 46-105. When such affidavit shall have been made and bond given, it shall be the duty of the officer before whom the same was made, or any other officer authorized to issue attachments, to issue a summons of garnishment directed to the garnishee and requiring him to appear at the court where suit is pending or judgment was obtained not sooner than thirty (30) days and not later than forty-five (45) days of the service of such summons, then and there to depose on oath in what sum he is indebted to, or what property and effects he has in his hands belonging to, the defendant, or had at the time of the service of the summons of garnishment; and also in what sum he has become indebted to the defendant, or what property and effects he has received or got possession of belonging to the defendant, between the time of the service of said summons and the time of making his return; and upon such affidavit, bond, and summons of garnishment being delivered to any officer authorized by law to levy an attachment, it shall be his duty to serve such summons of garnishment upon the person to whom it is directed, if to be found in his county, and to make an entry of such service and of his actings and doings in the premises upon the affidavit and bond, and return the same to the court to which the person summoned as garnishee is required to appear; and all subsequent proceedings shall be the same as prescribed in relation to garnishment in cases of attachment. Summons of garnishment may issue under the provisions of this section, from time to time, before trial, without giving additional bond. Attachments in justices' courts shall be returnable to the next term thereof which begins not less than ten (10) days after service of such summons. Summons of garnishment. Section 2. Code section 46-601, relating to garnishments in the court of ordinary, is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: 46-601. Plaintiff in a judgment obtained in a court of ordinary shall be entitled to process of garnishment, as in

Page 719

other cases of garnishment based on judgments, and the proceedings in such cases shall be the same as though such judgment had been obtained in the superior court; provided, however, that the person sought to be garnished shall be directed and required to answer at the superior court of his residence not sooner than thirty (30) days and not later than forty-five (45) days after service of such summons on him. Courts of Ordinary. Section 3. Code section 46-603, relating to garnishment against persons residing out of the county, is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: 46-603. When any of the persons sought to be garnished shall reside in a county other than the one where suit shall be pending or in which judgment shall have been obtained, it shall be the duty of the officer taking such affidavit and bond, or any other officer of such county authorized to issue attachments to whom such bond and affidavit may be delivered, to make out a copy thereof and certify the same to be true, and to deliver said certified copy to the plaintiff, his agent, or his attorney at law; and upon such certified copy being delivered to any officer authorized to issue attachments, of the county where the person sought to be garnisheed shall reside, it shall be the duty of such officer to issue summons of garnishment for such person as he may be directed by the plaintiff, his agent or his attorney at law, requiring him to appear at the superior or justice's court of said county, according as such suit shall be pending or judgment shall have been obtained in the superior or justice's court, then and there to depose according to the provisions of section 46-105. Garnishments returnable hereunder to the superior court shall be answered not sooner than thirty (30) days and not later than forty-five (45) days after service upon garnishee of such summons, and garnishments returnable hereunder to the justice's court shall be answerable at the next term thereof which begins not less than ten (10) days after service of such summons. Garnishment where person sought resides out of county. Section 4. Code section 8-503, relating to garnishment

Page 720

in attachment upon persons residing out of the county, is hereby amended by striking said section in its entirety and by substituting in lieu thereof the following: 8-503. When the plaintiff, his agent, or attorney at law shall desire to garnish persons not residing in the county in which the attachment issues, it shall be the duty of the magistrate issuing the same, at the request of the plaintiff, his agent, or attorney at law, to make out a copy of the affidavit, bond, and attachment, and certify the same to be a true copy, and upon the delivery of such copy to any magistrate, or other officer, to make out a summons of garnishment for such persons as he may be requested to do by the plaintiff, his agent, or attorney at law, requiring such persons to be and appear at the superior or county court, or justice's court, or the county in which it was issued, and depose in the manner prescribed by law. Garnishments returnable hereunder to the superior court shall be answered not sooner than thirty (30) days and not later than forty-five (45) days after service of the garnishee of such summons, and garnishments returnable hereunder to the justice's court shall be answered at the next term thereof which begins not less than ten (10) days after service of such summons. Such summons may be served by any officer authorized by law to levy an attachment, who shall return such certified copy, affidavit, bond and attachment to the court as aforesaid, together with his actings and doings entered thereon. Garnishment in attachment upon persons residing out of county. Section 5. Section 8-505 of the Code, relating to traverse of the garnishee's answer, is hereby amended by striking same and by substituting in lieu thereof the following: 8-505. When the summons of garnishment is returnable to the superior, city or county court, and the plaintiff in attachment is not content with the answer of the garnishee, he may, within fifteen (15) days after filing of such answer and service of copy thereon upon said plaintiff or his attorney, by mail or in person, traverse such answer, and the issue formed upon such traverse shall be tried as hereinafter provided. On the trial of said issue, it shall be competent for the plaintiff to show the amount of indebtedness

Page 721

of the garnishee, and the value of the property and effects not surrendered as aforesaid; and upon final judgment being rendered against said garnishee, the plaintiff in attachment shall have execution for the amount of such judgment and costs as at common law. Same, traverse of answers. Section 6. Section 8-506 of the Code, relating to proceedings where the garnishee fails to appear, is hereby amended by striking said section and by substituting in lieu thereof the following: 8-506. Where any person summoned as garnishee fails to appear and make answer as provided by law, said case shall be in default, and the plaintiff in a justice's court shall be entitled to judgment at the first term. In the superior court, judgment by default shall issue in the same manner as now or hereafter provided by the laws relating to ordinary civil actions. Such judgment shall be rendered against the garnishee in the amount of the judgment obtained against the defendant, or so much thereof as shall remain unpaid at the time judgment is rendered against the garnishee, and the court may continue the case until final judgment is rendered against such defendant. Same, default judgments Section 7. Chapter 46-4, relating to dissolution, claims and judgment, is hereby amended by adding a new section, section 46-408, as follows: 46-408 (a) If no claim, traverse, or dissolution bond is filed within fifteen (15) days after the filing of answer by the garnishee, the court may in term or vacation render judgment against the garnishee for the money or property admitted to be due; provided however, that claim or dissolution bond may in any event be filed anytime before final judgment. Final judgments. (b) Any issue made by the filing of claim or traverse which requires trial by jury or any other issue requiring jury trial shall be tried at the trial term as now or hereafter provided for by the laws governing ordinary civil cases, and the last day on which the garnishee is required to answer (45 days after service) shall be the appearance

Page 722

day of said case; provided however, that any matter not requiring trial by jury or where jury trial has been waived, may be heard and judgment rendered thereon in term or vacation at any time such matter is ripe for hearing, after reasonable notice to the parties. Jury trials, etc. (c) The court shall in all cases grant continuance to enable the plaintiff to obtain final judgment against the defendants. Continuances. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 7, 1962. COWETA JUDICIAL CIRCUITJUDGE'S SUPPLEMENTAL SALARY. No. 1008 (House Bill No. 1215). An Act to amend an Act providing a supplemental salary for the judge of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 92), so as to change the supplemental salary of the judge of the Superior Court of the Coweta 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 providing a supplemental salary for the judge of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 92), is hereby amended by making the following changes in section 2 of said Act: By striking the figure $715.68 and inserting in lieu thereof the figure $504.00, by striking the figure $878.62 and inserting in lieu thereof the figure $636.00, by striking the figure $179.64 and inserting in lieu thereof the figure $93.60, by striking the figure $1,283.76 and inserting in lieu thereof the figure

Page 723

$823.20, and by striking the figure $542.30 and inserting in lieu thereof the figure $343.20, so that when so amended said section 2 shall read as follows: Section 2. The board of commissioners of roads and revenues, ordinaries, or other authorities sitting for county purposes of the Counties of Coweta, Heard, Carroll, Troup and Meriwether, shall supplement the salary of the Judge of the Superior Court of the Coweta Judicial Circuit in the following amounts; Coweta County shall pay the sum of $504.00 per annum; Carroll County shall pay the sum of $636.00 per annum; Heard County shall pay the sum of $93.60 per annum; Troup County shall pay the sum of $823.20 per annum; and Meriwether County shall pay the sum of $343.20 per annum. Section 2. The effective date of this Act shall be April 1, 1962. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 1009 (House Bill No. 910). An Act to amend an Act establishing a retirement system for the teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to eliminate the requirements for maintaining an annuity reserve fund and a pension reserve fund; to transfer the monies from such funds to the pension accumulation fund; to clarify certain obligations of the pension reserve fund; to change certain dates in the Act; to provide that time spent in the armed services of the United States during a certain period may be included as creditable service under the

Page 724

Act for such a period of time; to provide certain conditions connected therewith; to provide for certain provisions of the Act to be applied to teachers who retired prior to July 1, 1961; to provide that members of the Employees' Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System; to prescribe the manner of so doing; 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 the teachers in the State public schools and other State supported schools, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from section 8 thereof the first paragraph in its entirety and substituting in lieu thereof the following paragraph: Section 8. Method of Financing. All of the assets of the retirement system shall be credited according to the purpose for which they are held among three funds to be known as the `annuity savings fund', the `pension accumulation fund', and the `expense fund'. Section 2. Said Act is further amended by striking subparagraph (d) of section 8, subsection (1), in its entirety and substituting in lieu thereof a new subparagraph (d), so that when so amended section 8, subsection (1), subparagraph (d) shall read as follows: (d) The contributions of a member withdrawn by him, or payable in the event of his death, shall be paid from the annuity savings fund, and any balance of the accumulated contributions standing to the credit of his individual account shall be transferred from the annuity savings fund to the pension accumulation fund. Upon the retirement of a member, his accumulated contributions shall be transferred from the annuity savings fund to the pension accumulation fund. Contributions when member retires or lies.

Page 725

Section 3. Said Act is further amended by striking subsection (2) of section 8 in its entirety. Section 4. Said Act is further amended by striking the first paragraph of subsection (3) of section 8 in its entirety and substituting in lieu thereof a new paragraph which shall read as follows: (3) The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities, and all benefits in lieu of annuities, payable as provided in this Act. Should a beneficiary be restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows: Funds, etc. Section 5. Said Act is further amended by striking from subsection (3) of section 8, subparagraph (e) in its entirety and substituting in lieu thereof a new subparagraph (e) which shall read as follows: (e) All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund. Interest and dividends. Section 6. Said Act is further amended by striking subparagraph (f) of subsection (3) of section 8 in its entirety. Section 7. Said Act is further amended by striking from section 8, subsection (4) in its entirety. Section 8. Said Act is further amended by renumbering subsections (3), (5), (6), (7), (8), and (9), of section 8

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of said Act, as subsections (2), (3), (4), (5), (6), and (7) respectively. Subsections renumbered. Section 9. Said Act is further amended by striking from subsection (4) of section 9 the words and the pension reserve fund, wherever they appear, so that when so amended section 9, subsection (4) shall read as follows: (4) Notwithstanding any other provisions of this Act, the actuary in determining the normal and accrued liability contributions, and the board in setting such contributions and the amount of the appropriations to be paid by the State to the Pension Accumulation Fund, shall include the liabilities on account of the State compensation paid to teachers in the employ of employers having local retirement funds, and the pension payable from the Pension Accumulation Fund shall include those payable on account of teachers in the service of employers having local funds as provided in this section. Duty of Actuary. Section 10. Said Act is further amended by striking from section 12, the words various funds wherever they appear, and substituting in lieu thereof the words annuity savings fund, so that when so amended section 12 shall read as follows: Section 12. Guaranty. The maintenance of annuity reserves and pension reserves as provided in this Act, the crediting of regular interest to the annuity savings fund as provided in section 8 of this Act, and the payment of all pensions, annuities, retirement allowances, refunds and other benefits granted under the provisions of this Act, are hereby made obligations of the pension accumulation fund. All assets of the pension accumulation fund, and all income, interest and dividends derived from deposits, and investments shall be used for the payment of said obligations and for no other purpose. Section 11. Said Act is further amended by striking from subsection (8) of section 1 the date July 1, 1943 and inserting in lieu thereof the date January 1, 1945, so that when so amended said subsection shall read as follows:

Page 727

(8) Prior service shall mean service rendered prior to January 1, 1945 for which credit is allowable as provided in section 4. Prior service defined. Section 12. Said Act is further amended by striking from subsection (2) of section 4 the date July 1, 1943 and inserting in lieu thereof the date January 1, 1945, so that when so amended said subsection 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 January 1, 1945, 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 January 1, 1945, 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 a year of prior service for each year of service performed after they have

Page 728

been a contributing member for five years and upon 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 January 1, 1945), upon making contributions 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., Prior service. Section 13. Said Act is further amended by striking from subsection (3) of section 4 the date July 1, 1943 and inserting in lieu thereof the date January 1, 1945, so that when so amended said subsection shall read as follows: (3). The prior service accumulations of a member shall be equal to the amount of the contributions he would have made had the retirement system been in operation, together with regular interest thereon to January 1, 1945, at the rate of regular interest in effect on that date, if he had made contributions during his prior service with respect to his earnable compensation as defined in section 1, subsection (13), including service in a school system in this State which operates or operated a local retirement fund. In determining the earnable compensation of any member for the years of his prior service, the board may use, in lieu of the compensation received by the member during his prior service, the rates of compensation which, if they had progressed during such prior service in accordance with the tables adopted by the Board as provided in section 13, would have resulted in the same average final compensation on January 1, 1945, as the records show the member received. Same. Section 14. Said Act is further amended by adding to section 4 a subsection (5) to read as follows: (5) Provided however, that notwithstanding any other provisions in this section to the contrary, any person who left the teaching profession in Georgia and who was an active teacher during any part of the preceding 24 months

Page 729

prior to his induction and was on military leave in the Armed Services of the United States during any period prior to January 1, 1945, shall receive prior service credit for such period of time up to a period of five years; provided further that any person who shall leave the teaching profession in Georgia and be on leave in the Armed Services of the United States during any period of time after January 1, 1945, shall be allowed creditable service up to five years upon compliance with the following conditions: (a) That said person after termination of military leave shall return to the teaching profession in Georgia within two years. Military service. (b) That after returning to the teaching profession in Georgia for a period of two school years and upon the payment of the regular employee contribution of 5% on the compensation paid to such person at the time of entering military service, plus 3% interest on said employee contributions, compounded annually to date of payment, during the period between January 1, 1945, and July 1, 1961, and at the rate of 6% on the compensation paid to said person at the time of entering military service, plus 3% interest, compounded annually to date of payment, on said employee's contribution for any period subsequent to July 1, 1961. (c) And in no event shall creditable service be allowed in excess of five years for time spent in military service. Section 15. Said Act is further amended by adding at the end of subsection (6) of section 5 a sentence to read as follows: In the application of the foregoing provisions of this subsection to a beneficiary who retired prior to July 1, 1961 and was subsequently restored to service, his pension upon subsequent retirement on or after July 1, 1961 shall be determined as if the pension which he was receiving immediately prior to restoration to service had been equal to the pension which he would have received at his previous retirement on the basis of the provisions of section 5 as in

Page 730

effect on the date of such subsequent retirement, provided that such member shall have completed at least one year of creditable service subsequent to such restoration to service, or shall have completed at least one year of creditable service subsequent to such restoration to service and shall have attained age 70. so that when so amended said section shall read as follows: (6) Restoration of beneficiaries to membership. If a beneficiary is restored to service and receives annual compensation of not less than his average final compensation, his retirement allowance shall cease, and he shall again become a member of the retirement system and contribute thereafter. Anything in this Chapter to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect, and upon his subsequent retirement he shall be credited with all his service as a member, but should he be restored to service on or after the attainment of age 50 his pension upon subsequent retirement shall not exceed the sum of the pension which he was receiving immediately prior to his last restoration to membership and the pension payable in respect to his service since his last restoration to membership. In the application of the foregoing provisions of this subsection to a beneficiary who retired prior to July 1, 1961 and was subsequently restored to service, his pension upon subsequent retirement on or after July 1, 1961 shall be determined as if the pension which he was receiving immediately prior to restoration to service had been equal to the pension which he would have received at his previous retirement on the basis of the provisions of section 5 as in effect on the date of such subsequent retirement, provided that such member shall have completed at least one year of creditable service subsequent to such restoration to service, or shall have completed at least one year of creditable service subsequent to such restoration to service and shall have attained age 70. Section 16. Said Act is further amended by adding a

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new and an additional section thereto to be known as section 9A to read as follows: Section 9A. (a) Any other provisions of law to the contrary notwithstanding, any individual who becomes a member of the Teachers Retirement System and such individual has creditable service with the Employees' Retirement System, such service being less than 18 years, shall be eligible to transfer said credits to the Teachers Retirement System of Georgia. Provided, howeve,r that said employee be required to make additional contributions to the Teachers Retirement System of Georgia so that his annuity account balance will be the same as though he has been a member subsequent to July 1, 1956 of the Teachers Retirement System of Georgia during the period of membership service, or in the absence of such payment by the individual, the Teachers Retirement System shall adjust his credits in proportion to the said transferred contributions by the Employees' Retirement System to the Teachers Retirement System of Georgia. Credits transferred to and from Employees Retirement System, etc. (b) Any other provisions of law to the contrary notwithstanding, any individual upon becoming a member with the Teachers Retirement System shall not be eligible to transfer any credits from the Employees' Retirement System unless such service credit is less than 18 years of service. Provided, however, the years of creditable service on record to the credit of the member with the Employees Retirement System shall be taken into consideration by the Teachers Retirement System only for qualifying purposes for vested right, death, disability, or normal retirement, and any benefits payable by the Employees' Retirement System shall be paid by such system direct to the member or beneficiary. (c) Any other provisions of law to the contrary notwithstanding, any individual, who upon becoming a member of the Employees' Retirement System has credits with the Teachers Retirement System and all such credits are for service subsequent to January 1, 1945, shall have such credits transferred to the Employees' Retirement System.

Page 732

(d) Any other provisions of law to the contrary notwithstanding, any individual, who upon becoming a member of the Employees' Retirement System who has credits including service prior to January 1, 1945 with the Teachers Retirement System, shall have such credits remain intact with the Teachers Retirement System until his death, disability, or retirement. Should such individual qualify for retirement benefits with the Employees' Retirement System, then such credits with the Teachers Retirement System shall be computed on the basis that such individual qualified for retirement with the Teachers Retirement System and such benefits shall be computed upon the age and plan of retirement under the Employees' Retirement System but based on those credits that have remained with the Teachers Retirement System. (e) Any other provisions of law to the contrary notwithstanding, any individual retiring with the Employees' Retirement System who has credits on record with the Teachers Retirement System shall have the retirement allowances computed by the Teachers Retirement System and payable to the member or the beneficiary in accordance with the established records of the Employees' Retirement System at the time of his death, or retirement, whichever is applicable. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962. GEORGIA WAR VETERANS MUSEUM. No. 1013 (House Bill No. 1177). An Act to create a division in the State Department of Veterans Service, to be known as the Georgia War Veterans Museum; to provide for powers and duties; to provide for the receiving of grants, donations and gifts; to provide for funds; to prescribe the procedure connected

Page 733

therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a division in the State Department of Veterans Service to be known as the Georgia War Veterans Museum. Said division shall be under the control and supervision of the Veterans Service Board. The director of the State Department of Veterans Service shall be the director of the division herein created. All other employees of said division shall be appointed as are other employees in the State Department of Veterans Service. Created. Section 2. The director shall install exhibits for the museum, prepare and distribute publications concerning the museum's features; prepare materials for distribution to the schools of this State; conduct tours of the museum; and perform such other duties and functions as are ordinarily exercised by a director of such museums. Duties. Section 3. The division is hereby authorized and empowered to receive and accept, for and on behalf of the State, any grants, donations or gifts of money or property for use in the museum. The division is further authorized and empowered to execute any lawful conditions, if there be any, in connection with such grants, donations or gifts for the purposes of such museum as may be prescribed by the donors thereof. The division is further authorized and empowered to authorize and allow the display of exhibits in such museum on a temporary or permanent basis notwithstanding the fact that said exhibits may not be the sole property of the State of Georgia. Gifts, etc. Until such time as funds may be appropriated for the purposes of this Act, the Budget Bureau is authorized to make such allotment of funds as is essential and necessary for carrying out the provisions of this Act. Funds. None of the terms of this Act shall be construed to alter, amend, repeal or modify any of the laws relative to the division in the office of the Secretary of the State known as the Georgia State Museum of Science and Industry. Intent.

Page 734

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1962. CREATION ETC. OF HOUSING AUTHORITIES RATIFIED. No. 1015 (House Bill No. 389). An Act to validate and declare legal the creation and establishment of housing authorities, all bonds, contracts, agreements, notes, obligations and undertakings of said housing authorities, and all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, and to declare said housing authorities bodies corporate and politic. To be enacted by the General Assembly of Georgia: Section 1. That the creation and establishment of housing authorities pursuant to, or purporting to be pursuant to, the provisions of the Housing Authorities Law, together with all proceedings, acts and things undertaken, performed or done with reference thereto (including the appointment of commissioners, officers and employees), are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any want of statutory authority or defect or irregularity in such acts or proceedings. Said housing authorities are hereby declared to have been and to be legally constituted and to be bodies corporate and politic with all the powers, rights and duties set forth in the Housing Authorities Law. Creation, etc., ratified. Section 2. That all contracts, agreements, obligations and undertakings, of housing authorities heretofore entered into relating to financing or aiding in the planning, surveying, development, construction, maintenance or operation of any housing or redevelopment project or projects or to obtaining aid therefor from the federal government, including

Page 735

(without limiting the generality of the foregoing) loan and annual contributions, contracts and leases with the federal government, agreements with municipalities or other public bodies (including agreements which are pledged or authorized to be pledged for the protection of the holders of any notes or bonds issued by housing authorities or which are otherwise made a part of the contracts with such holders of notes or bonds) relating to cooperation, contributions, grants or other local participation in aid of housing or redevelopment projects, payments (if any) in lieu of taxes, furnishing of municipal services and facilities, and the elimination of unsafe and unsanitary dwellings, and contracts for the construction or operation of housing projects, together with all proceedings, acts and things heretofore undertaken, performed or done with reference thereto, and are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defects or irregularity therein or any want of statutory authority. Contracts, etc., ratified. Section 3. That all proceedings, acts and things heretofore undertaken, performed or done in or for the authorization, issuance, sale, execution and delivery of notes and bonds by housing authorities for the purpose of financing or aiding in the undertaking of a housing or redevelopment project or projects and all notes and bonds heretofore issued by housing authorities are hereby validated, ratified, confirmed, approved and declared legal in all respects, notwithstanding any defect or irregularity therein or any want of statutory authority. Issuance of bonds, etc., ratified. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1962.

Page 736

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY. No. 1018 (Senate Bill No. 230). An Act to create the Lake Lanier Islands Development Authority and empower said Authority with all rights, powers, authority and privileges whatsoever necessary to hold as lessee, improve, maintain, beautify, subdivide, sublease in any part, manage, regulate, administer, finance, issue revenue anticipation certificates of authority, payable from earnings and revenues, to pay the cost of projects; to provide for the collection and for the pledging of revenues and other charges for the payment of such certificates, and defining the rights of the holders of such certificates; to provide that no debt of the State shall be incurred in the exercise of any of the powers granted by this Act; to exempt such certificates from taxation; to authorize the refunding of such certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and the time within which such action must be brought; to invest the State Auditor with the powers and duties to examine all books and records of the Authority at the close of its fiscal year each year; to grant hereby for, and on the part of the State of Georgia, a lease for a term of ninety-nine (99) years of such of the islands in Lake Lanier as are at the date of this enactment licensed to the State by the United States through its agency, the U. S. Army Corps of Engineers, for a State Park upon consideration of a rental of one ($1.00) dollar per year and certain other valuable considerations which will result in the operation of the islands in Lake Lanier for recreational purposes, said Authority to take the Islands subject to all contracts, leases and obligations heretofore entered into by the State of Georgia; to charge the Authority hereby created with the faithful and honest performance of its duties arising under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a body corporate and politic to be known at the Lake Lanier Islands Development

Page 737

Authority, which shall be deemed an instrumentality of the State of Georgia, and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper. Said Authority shall exist for ninety-nine (99) years. Created. Section 2. The Authority shall consist of seven (7) members as follows: The Attorney General, the Treasurer, the Comptroller General, the Director of the Department of Commerce of the State of Georgia, the President of the Upper Chattahoochee Development Association, and two members to be appointed by the Governor from the members of the Upper Chattahoochee Development Association. The first two appointees so named shall be appointed for terms of one and two years, as designated by the Governor, and all appointments thereafter shall be made for terms of three years. Members, etc. The Constitutional Officers and the President of the Upper Chattahoochee Development Association named to said Authority shall immediately enter upon their duties without further act or formality, and the persons appointed by the Governor shall enter upon their duties as soon as practicable, after confirmation of their appointments by the Senate. The association shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. Chairman. The association may make such bylaws for its government as is deemed necessary, but is under no duty to do so. By laws. Any four members of the association 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

Page 738

action permitted to the association by this Act. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid. Quorum. The members shall receive no compensation for their services but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the association, for their services. Compensation. Section 3. The members of the Authority shall be accountable in all respects as trustees. The Authority shall keep suitable and proper books and records of all receipts, income and expenditures of every kind, and shall submit for inspection of all the said books together with the proper statement of the Authority's financial position once a year on or about December 31st of each year to the State Auditor. Duties. Section 4. The Authority shall have power: (a) to have a seal and alter the same at pleasure; (b) to acquire, hold and dispose of personal property for its corporate purposes; Powers. (c) to appoint and select officers, agents and employees, including engineering, architectural and construction experts and attorney and fix their compensation; (d) to make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects or contracts with respect to the leasing or use of projects which it caused to be subdivided, erected or acquired; (e) to plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as hereinabove defined, to be located on property owned or

Page 739

leased by the authority, the cost of any such project to be paid from its income, the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia; (f) to accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Reconstruction Finance Corporation, upon such terms and conditions as the United States of America or such agency or instrumentality, including the Reconstruction Finance Corporation, may impose; (g) to borrow money for any of its corporate purposes and to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the payment of the same and for the rights of the holders thereof; (h) to exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (i) to do all things necessary or convenient to carry out the powers expressly given in this Act; (j) to act as agent for the United States of America, or any agency, department, corporation or instrumentality thereof, in any manner within the purposes or powers of the authority; (k) to adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (l) to do any and all other acts and things in this Act authorized or required to be done, whether or not included in the general powers in this section mentioned; (m) to receive gifts, donations or contributions from any person, firm or corporation;

Page 740

(n) to hold, use, administer and expend such sum or sums as may hereafter be received as income, as gifts, or appropriated by authority of the General Assembly for any of the purposes of this authority; and (o) to do any other things necessary or proper to beautify, improve, and render self-supporting said island park, to make its facilities available to people of average income, and to advertise its beauties to the world. Section 5. All income, revenues, gifts, grants, appropriations, bond or loan proceeds, rights and privileges of value of every nature accruing to the Authority shall be used for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting the Islands in Lake Lanier at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes. Use of funds. Section 6. It is hereby found, determined, and declared that the consideration paid and given and to be paid and given to the State of Georgia by the Authority for its leasehold, and privileges thereunder, is good and valuable and sufficient consideration therefor and that this action on the part of the Authority and the State is in the interest of the public welfare of the State of Georgia and its citizens. Intent. Section 7. The Authority is hereby empowered to survey, subdivide, improve and lease as subdivided, any of the property of the Islands in Lake Lanier. Leases, etc. Section 8. The leasing of the property shall be for not more than fifty (50) years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the Authority may deem wise, and all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sublease by any tenant of the Authority shall be legal without the approval of the Authority. Same. Section 9. The property herein described shall be leased as deemed appropriate by the Authority, only after notice

Page 741

published once a week for four weeks in the official organs of all the counties bordering Lake Lanier and in the official organ of Fulton County, at public auction or by sealed competitive bids; provided, that the Authority shall have the privilege of setting minimum prices below which no bid for lease shall be accepted, and, provided further, that when in the opinion of the Authority the public welfare demands it, after first giving notice to the Attorney General of the particulars, the Authority may conclude any authorized lease by private negotiation. Same. Section 10. The Authority is hereby empowered to exercise such of the police powers of the State as may be necessary to maintain peace and order and to enforce any and all zoning, uses, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation, and the State; however, the Authority may delegate all or any part of performance of this function for a time or permanently to the State or the county in which the park is located. Police powers. Section 11. The Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue-anticipation certificates, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, subdivision, development, improvement, maintenance, and other charges incident thereto in connection with any facilities or projects as defined in this Act, and shall likewise have power to issue refunding certificates. The Authority may issue such types of certificates as may be determined by the Authority, including certificates on which principal and interest are payable: Bonds, etc. (a) exclusively from income or revenues of the operation of the Authority financed with the proceeds of such certificates or together with such proceeds and grants from the Federal Government or any instrumentality or other person or corporation in aid of such projects; (b) exclusively from income and revenues of certain designated projects;

Page 742

(c) from revenues of the Authority generally. Any such certificates may be additionally secured by the hypothecation of any revenues from any unit, subdivision and by mortgage of any project or any part thereof consisting of real or personal property of the Authority, except as prohibited by law. Section 12. Neither the members of the Authority nor any person executing certificates on behalf of the Authority shall be personally liable thereon by reason of the issuance thereon. The certificates and other obligation of the Authority shall not be, and shall so state on the face thereof, a debt of the State of Georgia. Certificates of the Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom shall be exempt from all taxes. Same. Section 13. Certificates of the Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding four per centum per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any certificate or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes. Same. Section 14. Certificates of the Authority shall be confirmed and validated in accordance with the procedure of Chapter 87-8, Code of Georgia, except as is lawfully prescribed, provided, or required otherwise by this Act and any or all of its provisions, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the Authority issuing the same; venue of such actions shall be Fulton County. Same.

Page 743

Section 15. Obligations of the Authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with the law as shall be determined by the Authority. The Authority may in such instruments provide for the pledging of all or any part of its gross or net rents, tolls, charges, revenues and incomes and the mortgaging of all or any part of its real or personal property. The Authority may covenant against pledging any or all of its income, revenues, tolls, charges or rents. The Authority may further provide for the disposition of proceeds realized from the sale of any certificates, for the replacement of lost, destroyed or mutilated certificates, and for payment and redemption of such certificates. Same. Section 16. Undertakings of the Authority may likewise prescribe the procedure by which the certificate holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by the Authority may provide that, in the event of default by the Authority in the payment of principal and interest on certificates or obligations, or breach of any covenant, a trustee or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of certificates may enforce any right relating to such certificates. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with the laws of the State of Georgia and all other laws relating thereto. Same. Section 17. Any such action and any action to protect or enforce any rights under the provisions of this Act shall be brought in the Fulton Superior Court, which shall have exclusive original jurisdiction of such actions. Actions.

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Section 18. While any of the revenue-anticipation certificates issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to effect adversely any of the interests and rights of the holders of such certificates, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and the holders of any such certificates, and upon the issuance of certificates under the provisions hereof, shall constitute a contract with the holders of such certificates. Authority not to be impaired. Section 19. This Act being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof, and shall repeal all conflicting or contrary laws or Acts whatsoever. Construction. Section 20. The Authority and acts of the Authority, under the provisions of this Act, shall not be in conflict with the Federal laws pertaining to the islands in Lake Lanier. Intent. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1962.

Page 745

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

Page 747

HABERSHAM COUNTYBOARD OF EDUCATION. PROPOSED AMENDMENT TO THE CONSTITUTION. No. 82 (House Resolution No. 232-668). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people; to provide for the qualifications of candidates for said Board; to provide for the election of the Chairman of the Board of Education; to provide for the submission of this amendment for rejection or ratification; 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, is hereby amended by adding at the end thereof the following: The Board of Education of Habersham County shall be composed of six (6) members. For the purposes of electing the members of the Board, Habersham County is hereby divided into three districts. District Number One shall be composed of the following militia districts: 409 (Clarkesville), 422 (Deep Creek), 501 (Batesville), 666 (Cool Springs), and 977 (Fair Play). District Number Two shall be composed of the following militia districts: 752 (Center Hill), 1021 (Fork), 1391 (Falling Water), 1486 (Demorest), and 1648 (Glade Creek). District Number Three shall be composed of the following militia districts: 414 (Mud Creek), 1449 (Cornelia), 1612 (Baldwin), and 1693 (View). There shall be elected to the Board two members from each of the above districts. Those candidates offering for election to the Board shall qualify from the districts in which they reside. The members of the Board of Education shall be elected by the voters of the entire county. Those two candidates in each district who receive the largest number of votes shall be elected to the Board from said district. Except as otherwise

Page 748

provided herein, the term of office of the members of the Board of Education shall be for three (3) years, and until their successors are elected and qualified. Any person offering as a candidate to represent a district must reside in the district from which he offers and must possess a high school education. The members of the Board shall be elected at the same time as the members of the Board of County Commissioners of Habersham County are elected, and shall take office on January 1 of the following year. The first members elected from District Number One at the 1962 election shall serve for a term of one year and until their successors are elected and qualified. The members elected from District Number Two at the 1962 election shall serve for a term of two years, and until their successors are elected and qualified. The members elected from District Number Three shall serve for a full three-year term and until their successors are elected and qualified. Beginning in the year 1963, and each year thereafter, successors to the members of the Board whose terms expire that year shall be elected as herein provided for a term of three years. The Chairman of the Board shall be elected by a majority of the members of the Board. Elections of members. In the event this amendment is ratified, it shall be the duty of the Ordinary of Habersham County to issue the call for an election, which call shall be issued within ten (10) days after the ratification of this amendment. Said election shall be set by the Ordinary at a date not less than thirty (30) days and not more than forty-five (45) days after issuance of the call for such an election. Such election shall be for the purpose of electing the first members of the Board of Education of Habersham County created under this amendment. It shall be the duty of the Ordinary to publish the date of the election and the purpose thereof at least once preceding the election in the official organ of Habersham County. The Board of Education of Habersham County in existence at the time of the ratification of this amendment is hereby abolished December 31, 1962, and the terms of all members of such Board shall expire on said date.

Page 749

The Board of Education of Habersham County as provided for herein shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment. 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 1, 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 the members of the Board of Education of Habersham County by the people. Against ratification of an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham 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 1, 1962.

Page 750

MEETINGS OF THE GENERAL ASSEMBLY. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 375-772). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to meetings of the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article III, Section IV, Paragraph III of the Constitution, as amended, is hereby amended by striking said Paragraph III in its entirety and inserting in lieu thereof a new Paragraph III to read as follows: Paragraph III. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday in January, 1963, and every odd-numbered year thereafter, for no longer than twelve (12) days to organize, to receive the proposed General Appropriations Bill, and to attend to other matters, and reconvene on the second Monday in February of each odd-numbered year for no longer than thirty-three (33) days. The General Assembly shall meet in regular session on the second Monday in January, 1964, and in every even-numbered year thereafter. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five (45) days in the aggregate in odd-numbered years, and no longer than forty (40) days, in the aggregate, in even-numbered years during the terms for which members were elected. All business pending in the Senate or House at the adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed

Page 751

to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three fifths of the members elected to the Senate and the House of Representatives as provided in Article V, Section I, Paragraph XII (Section 2-3012) of this Constitution. If an impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed. 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 furnish the people's elected representatives in the General Assembly sufficient time to study matters relating to the expenditure of public funds. Against ratification of amendment to the Constitution so as to furnish the people's elected representatives in the General Assembly sufficient time to study matters relating to the expenditure of public funds. 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

Page 752

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 12, 1962. APPROPRIATIONS BY GENERAL ASSEMBLY. Proposed Amendment to the Constitution. No. 84 (House Resolution No. 376-772). A Resolution. Proposing an amendment to the Constitution so as to provide for appropriation control and for the biennial preparation, submission and enactment of a General Appropriations Bill; to fix limitations on appropriations; 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 IX of the Constitution, as amended, is hereby amended by striking Paragraphs I and II of Section IX in their entirety, and inserting in lieu thereof new Paragraphs I and II to read as follows: Paragraph I. Preparation, submission and enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in January, 1963, and every two years thereafter, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various

Page 753

departments and agencies, and to meet the current expenses of the State for each of the next two ensuing fiscal years. (b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for each of the next two fiscal years. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following. (c) The General Assembly shall be general law provide for the regulation and management of the finance and fiscal administration of the State. Paragraph II. General Appropriation Act. (a) Each General Appropriation Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants. (b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph III of this Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.

Page 754

(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such General Appropriations Act, shall lapse. (d) All Federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant. (e) The State, State institutions, departments and agencies of the State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article VII, Section VI, Paragraph I (a), which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of any funds for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immedately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision at the time the same are hereafter executed. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract. 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.

Page 755

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 improved appropriations control and to promote economy and efficiency in budget matters. Against ratification of an amendment to the Constitution so as to provide for improved appropriations control and to promote economy and efficiency in budget matters. 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. THOMSON-McDUFFIE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 85. (House Resolution No. 535-1032). A Resolution. Proposing an amendment to the Constitution so as to create the Thomson-McDuffie County Industrial Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 756

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Thomson-McDuffie County Industrial 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 the corporate limits of the City of Thomson and McDuffie County. The City of Thomson and the County of McDuffie may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications terms, and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. Property. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of McDuffie County. Said Authority is created for the purpose of developing, promoting, and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of

Page 757

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 City of Thomson and the County of McDuffie. The Authority is created for non-profit 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. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Powers. 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 the 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 Thomson-McDuffie County Industrial Development Authority. Against ratification of amendment to the Constitution

Page 758

so as to create the Thomson-McDuffie County Industrial 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 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 15, 1962. EMANUEL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 373-768). A Resolution. Proposing an amendment to the Constitution so as to create the Emanuel County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following:

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There is hereby created a body corporate and politic to be known as the `Emanuel 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 Emanuel County. The County of Emanuel may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. Emanuel County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed. Taxes. The members of the Authority, their qualifications terms, and methods of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for 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 against the State of Georgia or the County of Emanuel. The Authority is created for non-profit 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. Purposes.

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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 wtih 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 Emanuel County Development Authority. Against ratification of amendment to the Constitution so as to create the Emanuel 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 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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MITCHELL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 88 (House Resolution No. 379-774). A Resolution. Proposing an amendment to the Constitution so as to create the Mitchell County Development Authority; to provide for powers, authority, funds, purpose 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 Mitchell County to be known as the Mitchell County Development Authority, which shall be an instrumentality of Mitchell County and a public corporation and which in this amendment is hereby referred to as the Authority; Created. B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be elected by a majority of the Commissioners of Roads and Revenues of Mitchell County, two of whom shall reside within the city limits of Camilla, Georgia, two within the city limits of Pelham, Georgia, and three at large from the area of Mitchell County outside the limits of Camilla and Pelham. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired

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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. No member shall be a member of the Board of County Commissioners of Mitchell County, but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members, etc. 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 Mitchell County. Property. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority; D. The powers of the Authority shall include but not be limited to, the power: (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 Mitchell County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate

Page 763

any industrial plant or establishment within Mitchell County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority: (4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To contract with Mitchell County and other political subdivisions of the State of Georgia 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 corporation 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; (7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities therefor in Mitchell County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Mitchell County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and

Page 764

equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (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 subdivisions 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 Mitchell 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;

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G. The members of the Authority shall receive no compensation for their services of the Authority; H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Mitchell County and to carry out purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure, or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; I. The Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used

Page 766

for the purposes as herein stated or as may hereafter be defined by law; 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; K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Mitchell County and its citizens, industry, agriculture and trade within the County of Mitchell, and making long-range plans for such development and expansion and to authorize the use of public funds of Mitchell County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; 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; 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 Mitchell County, and the scope of its operations shall be limited to the territory embraced within Mitchell County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Mitchell County; N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Mitchell County or the State.

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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, 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. Such proposed amendment shall be submitted as provided in said Paragraph. 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 Mitchell County Development Authority, and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to the Constitution so as to create the Mitchell County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith. 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.

Page 768

ROCKDALE COUNTYCONYERS WATER AUTHORITY. Proposed Amendment to the Constitution. No. 90 (House Resolution No. 502-981). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to create the Rockdale County-Conyers Water Authority; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to create, by local Act, the Rockdale County-Conyers Water Authority. Such Authority, if created, shall be authorized to acquire, construct, operate and maintain projects embracing sources of water supply and the distribution and sale of water, and to do all things and to take all actions relative to the construction, maintenance, and operation of a water system. The General Assembly shall provide for the composition of the Authority and for all other matters relative thereto, including duties, powers, and authority. The General Assembly may authorize the Authority to issue revenue bonds and may authorize Rockdale County and the City of Conyers to levy taxes for the purpose of aiding the Authority. The General Assembly may also provide that the Authority shall have the right to assume the operation of the water system of either said county or city, or both, and may provide that, in the event revenue bonds or certificates of either have been issued, such bonds or certificates may be assumed by the Authority, upon approval of the holders thereof. If such Authority is created by the General Assembly

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the law creating the same shall contain all necessary provisions relative to said Authority. The law creating such Authority shall provide that it shall not come into existence without the approval of both the governing authority of Rockdale County and the governing authority of the City of Conyers. Authority to create, etc. 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 authorize the General Assembly to create the Rockdale County-Conyers Water Authority. Against ratification of amendment to the Constitution so as to authorize the General Assembly to create the Rockdale-Conyers Water 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 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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MACON COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 91. (House Resolution No. 366-766). A Resolution. Proposing an amendment to the Constitution so as to create the Macon County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Macon County to be known as the Macon County Industrial Building Authority, which shall be an instrumentality of Macon County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created B. The Authority shall consist of seven members. The President of the Montezuma Chamber of Commerce; Mayors of the Cities of Oglethorpe, Montezuma, Marshallville, and Ideal; the Chairman of the Macon County Board of Commissioners; and one person selected at-large by the six members so named; shall be members of the Authority; and said members of the Authority in the By-Laws of the Authority, may provide for the term of office and manner of election of the at-large member. Persons holding the offices described above shall automatically become members of the Authority, but shall be members only for as long as they hold the office qualifying them for such membership. Vacancies shall be

Page 771

filled for the unexpired term by the said Macon County 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. Members. 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 of the obligations of Macon County. Property D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers (2) To borrow money, to issue notes, bonds and revenue certificates, and to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security thereof; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Macon County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Macon County suitable for and intended for

Page 772

use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, and through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter: (9) 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 Macon County. F. The members of the Authority shall receive no compensation for their services to the Authority;

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G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. Laws 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Macon County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Macon County. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Macon County.

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(2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees by said lessee or purchaser elsewhere in the County of Macon. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainement, or other promotional expenses. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Macon County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. L. This amendment is adopted for the purpose of promoting and expanding the public good and welfare, industry and trade within Macon County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed and take office within thirty (30) days after such proclamation. N. 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 Macon County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits.

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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 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 Macon County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Macon County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Macon County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

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PUTNAM COUNTYBOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 92 (House Resolution No. 260-701). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Putnam County by the people; to provide for the election of the Chairman of the Board of Education; to provide for the filling of vacancies on the Board; to provide for the submission of this amendment for rejection or ratification; 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, is hereby amended by adding at the end thereof the following: The Board of Education of Putnam County shall be composed of five (5) members. The Chairman and the four (4) other members of the Board shall be elected by the voters of the entire county. The five (5) memberships on the Board shall be designated as post numbers 1 through 5 respectively. The individual elected to Post number 1 shall be the Chairman of the Board. Those candidates offering for election to the Board of Education of Putnam County shall specifically designate their intention of running for a particular post by number. To be elected to such post, the candidate must receive the highest number of votes cast and at the same time the candidate must receive a majority of the total votes cast toward filling such vacancy. Any vacancy occurring in the membership of the Board of Education of Putnam County, for any cause whatsoever, shall be filled by the majority vote of the remaining members of Board of Education. Members, terms, etc. In the event this amendment is ratified, the members

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of the first Board of Education of Putnam County created under this amendment shall be elected at the general election held in 1964. The members elected at such election shall take office January 1, 1965, and shall serve for a term of four years and until their successors are elected and qualified. Future elections shall be held every four years at the same time as elections for members of the General Assembly are held and the members elected shall take office on the first day of January immediately following the election. All future members shall likewise serve for a term of four years and until their successors are elected and qualified. The Board of Education in Putnam County in existence at the time of ratification of this amendment is hereby abolished December 31, 1964, and the terms of all members of such Board shall expire at that time. The Board of Education of Putnam County as provided for herein shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment. 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 provide for the election of members of the Board of Education of Putnam County by the people. Against ratification of amendment to the Constitution

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so as to provide for the election of members of the Board of Education of Putnam 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. RICHMOND COUNTYGROUP INSURANCE FOR EMPLOYEES. Proposed Amendment to the Constitution. No. 93 (House Resolution No. 388-793). A Resolution. Proposing an amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution, relating to the taxing power of counties, is hereby amended by adding at the end thereof the following:

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`The General Assembly shall have authority to enact laws authorizing the County of Richmond in the sole discretion of its governing authority to participate in and contribute to a group hospitalization insurance policy covering its employees, either by direct contribution to such a fund, or by payment of insurance premiums, or by a combination of such methods, for all or any employees and officers who are compensated by Richmond County, and who hold their offices and positions either by election or appointment; to levy taxes for these purposes and to enact laws establishing rules for tenure of office for such officers and employees, and for other purposes consistent therewith. 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 empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees. Against ratification of amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employees. 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 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, 1962. JOHNSON COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 141 (House Resolution No. 418-875). A Resolution. Proposing an amendment to the Constitution so as to authorize governing body of Johnson County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the 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 IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. In addition to the purposes for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia the Commissioner of Roads and Revenues and Advisory Board of Johnson County be and are hereby authorized to levy an annual ad valorem tax not exceeding

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five mills per dollar of assessed valuation on all property located in said Johnson County not excluding any realty homestead exemption, such funds so produced by such levy to be used by said county in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said county may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law: Taxes. B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Johnson County and its citizens industry, agriculture, trade and commerce within the County of Johnson and making long range plans for such development and expansion and to authorize the levy of taxes and the use of public funds of said county for such purpose and in the furtherance thereof there be and is hereby created a body corporate and politic in said county to be known as Johnson County Development Authority which shall be an instrumentality of Johnson County and a public corporation, hereinafter in this amendment sometimes referred to as the `Authority'; Created. C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by majority of the governing body of Johnson County. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said governing body. 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. No member of the Authority shall be a member of the governing body of

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said county but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members. D. The property, obligation 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 Johnson County; Property. E. The powers of the Authority shall include but not be limited to, the power: (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 Johnson County; Powers. (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 Johnson 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 bonds or 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 Johnson 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

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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; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Johnson 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 subdivisions 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; F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Johnson County except to the extent and in the manner as to said county as herein set forth; G. 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; H. The members of the Authority shall receive no compensation for their services to the Authority; I. The Authority with the consent of the Commissioner of Roads and Revenues and Advisory Board of Johnson County is hereby authorized to issue Revenue

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Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Johnson County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such times or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. The governing body of Johnson County by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Johnson County Development Authority which consent and approval may be in the form of a contract between the County and Authority and shall be recorded in the minutes of said body and shall show the amount, the date, the maturities and rate or rates of interest of the said bonds thus consented to and approved and when so consented to and approved shall bind the said governing body of said county then in office and their successors in office or such other authority or body of said county as may hereafter be empowered to levy taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and approved and to create and maintain a reserve for that purpose.

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Such bonds issued by the said Authority shall be validated in the Superior Court of Johnson County in the same manner as revenue bonds of Municipalities are validated as provided in Code sections 87-815 et seq of the Code of Georgia, and in the proceedings to validate such bonds, both the Johnson County Development Authority and the Commissioner of Roads and Revenues and Advisory Board of Johnson County shall be named as parties defendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said County; 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 obligations 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; K. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; 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 sixty (60) days after such proclamation; M. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, 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 not inconsistent with

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the provisions of this amendment. The Authority shall be an instrumentality of Johnson County, and the scope of its operation shall be limited to the territory embraced within said county; N. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority or obligations of the county to the Authority shall be construed as a debt of Johnson County within the meaning of the provisions of Article VII, Section VII, Paragraph 1 of the Constitution of the State 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. 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 authorize Johnson 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 Johnson 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. Against ratification of amendment to the Constitution so as to authorize Johnson 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 Johnson 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.

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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 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. SCHLEY COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 360-755). A Resolution. Proposing an amendment to the Constitution so as to create the Schley County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Schley County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope

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and jurisdiction to be limited to the territory embraced by Schley Counnty. The County may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The County is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed. Taxes. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promotiong and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the County of Schley. 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. Purposes. 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,

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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 Schley County Development Authority. Against ratification of amendment to the Constitution so as to create the Schley 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 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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GOVERNOR'S VETO. Proposed Amendment to the Constitution. No. 143 (House Resolution No. 371-768). A Resolution. Proposing an amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto; 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 V, Section I, Paragraph XV of the Constitution, as amended, is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph XV to read as follows: Paragraph XV. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bills should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House. Whenever such Bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such Bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall

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be made within thirty-five (35) days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly at which such Bill was passed. Such Bill may be considered by the Branch of the General Assembly in which it originated at any time within the first ten (10) days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly upon receiving such Bill to dispense with all business that is then being considered and to then and there consider and act upon such Bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overriding by two-thirds of the votes of such Branch of the General Assembly such Bill shall become law. In the event either Branch of the General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the Branch of the General Assembly last acting upon such bill. Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overriden by the next regular session 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

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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 provide for the General Assembly enacting legislation over the Governor's veto. Against ratification of amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto. 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 to the Governor, who shall issue his proclamation thereon.

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ECHOLS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 144 (House Resolution No. 377-774). A Resolution. Proposing an amendment to the Constitution, so as to provide for the appointment of a five member Board of Education from the county at large; to provide for their terms and qualifications; 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 new paragraphs which shall read as follows: There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county, and shall hold their offices until their successors are appointed and qualified. The County of Echols shall compose one school district, and shall be confined to the control and management of the Echol County Board of Education. There shall be appointed to serve on the Echols County Board of Education five members from the county at large. Members. The members of the Board of Education of Echols County in effect at the time of ratification of this amendment shall continue until the expiration of their terms at which time the grand jury of Echols County shall appoint new members to the board. The terms of office shall be for four years and until their successors are elected and qualified. Should a vacancy

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occur on said board, the grand jury shall elect a person to fill the unexpired term. To be eligible to hold office as a member of the Echols County Board of Education, 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. Terms. 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 provide for the appointment of a five member Board of Education from the county at large. Against ratification of amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county at large. 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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FAYETTE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 145 (House Resolution No. 380-774). A Resolution. Proposing to the qualified voters an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Fayette County by the people; to provide for their qualifications, compensation and term of office; 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 the County Boards of Education, is hereby amended by adding at the end thereof the following: The Board of Education of Fayette County shall consist of five (5) members to be elected by the voters of Fayette County. For the purpose of electing such members, Fayette County shall be divided into five education districts, as follows: Education District No. 1 shall be composed of Militia District No. G.M.D. 496 (Fayetteville); Education District No. 2 shall be composed of Militia District No. G.M.D. 538 (Woolsey); Education District No. 3 shall be composed of Militia District No. G.M.D. 1293 (Brooks) and Militia District No. G.M.D. 495 (Starrs Mill); Education District No. 4 shall be composed of Militia District No. G.M.D. 624 (Shake Rag) and Militia District No. G.M.D. 549 (Rear Over); Education District No. 5 shall be composed of Militia District No. G.M.D. 1248 (Hopeful) and Militia District No. G.M.D. 709 (Black Rock) and Militia District No. G.M.D. 1262 (Europe). Members, districts. etc.

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One member shall be elected from each Education District. No person shall be eligible to serve as a member of the Fayette County Board of Education from Education District, unless he shall reside in such district. He shall be elected by the voters of the Education District of which he represents. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and must be qualified to vote for members of the General Assembly. Not later than ten days after the ratification of this amendment it shall be the duty of the Ordinary of Fayette County to issue the call for an election for the purpose of electing the members of the Board of Education of Fayette County. The day of such election shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure connected therewith, once a week for two weeks immediately preceding the date thereof in the official organ of Fayette County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of one year; the members elected from Education District Nos. 3 and 4 shall serve for a term of two years; the members elected from Education District No. 5 shall serve for a term of four years. All members elected at such election shall take office January 1, 1963, and their term of office shall expire on December 31st of the last year of such term. The successors to such members shall be elected for a term of four years and shall be elected at the same time County Officers of Fayette County are elected. Elections, etc. The Board of Education of Fayette County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1962, and the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death,

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resignation, or from any cause other than expiration of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term. 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 provide for the election of the members of the Board of Education of Fayette County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Fayette 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.

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WILKES COUNTYFIRE PREVENTION DISTRICTS. Proposed Amendment to the Constitution. No. 146 (House Resolution No. 381-774). A Resolution. Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia to provide for the establishment of fire prevention districts in Wilkes County; to authorize Wilkes County and the municipalities in Wilkes County to contract with each other for the purpose of exercising the authority granted by this amendment; to authorize municipalities in Wilkes County to operate fire prevention organizations outside their corporate limits in Wilkes County; to authorize Wilkes County to levy a tax for the purpose of fire prevention; to authorize the fire prevention districts of Wilkes County to issue bonds for fire prevention purposes; to provide the manner of setting up fire prevention districts in Wilkes County; providing for the submission of this amendment under Article XIII, Section I, Paragraph I, of the Constitution of Georgia; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following: (a) The Governing authority of Wilkes County is hereby granted authority to district areas in said county for fire prevention and protection purposes, and the authority to levy a tax upon the taxable property of each such district to defray all cost of fire protection in each respective district. Fire protection. (b) The authority hereby granted shall incude authority to include municipalities located in Wilkes County, within any fire district created hereunder.

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(c) Wilkes County and each municipality now existing, or hereafter created in said county, are hereby authorized to contract with each other for furnishing property of any kind, materials, supplies, equipment and money for the purpose of carrying out the authority hereby granted. Contracts. (d) Each municipality now existing, or hereafter created in Wilkes County, is hereby granted authority to operate its fire department, including equipment and personnel, outside its corporate limit within Wilkes County. Use of equipment. (e) Wilkes County is hereby granted authority to levy a tax for the creation, maintenance and operation of any fire prevention and protection organization created hereunder, and to pay any bonds issued by the fire districts created hereunder for the purpose of establishing fire prevention and protection organizations. Taxes. (f) The fire prevention and protection districts authorized hereby are hereby granted authority to issue bonds for the purpose of acquiring property of any kind, material, equipment and supplies required for fire prevention and protection purposes. Bonds. (g) Before any fire prevention district is created hereunder, the governing authority of Wilkes County shall designate the area to compose said district and establish the boundaries thereof. After said area is designated and boundaries established, the governing authority of Wilkes County shall submit to the voters in said proposed fire prevention district who are qualified to vote for members of the General Assembly the question of whether or not said district shall be created only when approved by a majority of the qualified voters in said election. Referendums, etc. 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

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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 grant authority to Commissioners of Roads and Revenues of Wilkes County to district areas for fire prevention and protection purposes and to levy a tax to defray the cost of fire prevention and protection. Against ratification of amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Wilkes County to district areas for fire prevention and protection purposes and to levy a tax to defray the cost of fire prevention and protection. 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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AUTHORITY OF COUNTIES AND MUNICIPALITIES TO BORROW MONEY. Proposed Amendment to the Constitution. No. 147 (House Resolution No. 382-785). A Resolution. Proposing an amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes from private individuals, firms, corporations, or partnerships, as well as from the State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships, as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as to amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of five (5%) per cent per annum on unpaid principal; and a tax shall be levied on the taxable property of the county as

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may be needed to repay such debt so created; provided, however, that no county shall be empowered to create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs as may be promulgated by the Commissioner. Property valuation and Equalization programs. Approved by State Revenue Commissioner. Section 2. When the above proposed amendment to the Constitution shall have been agreed 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 allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization program for ad valorem tax purposes. Against ratification of amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes. 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. DOOLY COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. No. 148 (House Resolution No. 383-785). A Resolution. Proposing an amendment to the Constitution so as to authorize Dooly County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; 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 I, of the Constitution relating to the limitations on certain debts is hereby amended by adding at the end thereof the following: Provided further, that revenue anticipation obligations herein called revenue bonds may be issued by Dooly 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 products or (b) any commercial enterprise in storing, warehousing, distributing or selling

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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. Purposes. 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, 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. Repayment. 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 authorize Dooly County to issue revenue bonds for the purchase, construction, lease, and sale of facilities useful to industry or commerce. Against ratification of amendment to the Constitution so as to authorize Dooly County to issue 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.

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SLUM CLEARANCE AND REDEVELOPMENT PROGRAMS BY COUNTIES. Proposed Amendment to the Constitution. No. 149 (House Resolution No. 389-793). A Resolution. Proposing an amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment program; 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 XVI of the Constitution, relating to slum clearance and redevelopment programs for cities, towns, and housing authorities is hereby amended by inserting in the first sentence of said Article after the word established, the words or any county, so that when so amended, said Article shall read as follows: The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county, may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. 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

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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 allow counties to undertake and carry out a slum clearance and redevelopment program. Against ratification of amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment program. 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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EARLY COUNTYTAX EXEMPTION FOR NEW OR EXPANDED INDUSTRIES. Proposed Amendment to the Constitution. No. 150 (House Resolution No. 403-822). A Resolution. Proposing to the qualified voters of Early County an amendment to Article VII, Section I, paragraph V, of the Constitution of the State of Georgia of 1945, and as the same has been heretofore or contemporaneously with the ratification hereof amended, so as to add at the end of said paragraph another paragraph to be known as Paragraph V-A reading: Paragraph V-A. Any person, natural or artificial, a resident of this State, who may after January 1, 1962, in Early County, build, equip, establish, complete, or enlarge a plant for the manufacture or processing of any properties may, as to such building (including equipment utilized thereon or in connection therewith), enlargement or equipment, be exempt from all county, incorporated town or city, and school districts ad valorem taxes for five (5) years from the date of the first use of the building, equipment, or enlargement of such plants. This provision shall be self executing and shall not require additional implementing legislation; to provide for the submission of this Amendment for ratification or rejection by the people affected; and for other purposes. Section 1. Be it resolved by the General Assembly of Georgia, and it is so resolved by such authority, that Article VII, Section I, paragraph V 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 to the end thereof a new subparagraph designated paragraph V-A to read:

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Paragraph V-A. Any person, natural or artificial, a resident of this State, who may after January 1, 1962, in Early County, build, equip, establish, complete, or enlarge a plant for the manufacture or processing of any properties may, as to such building (including equipment utilized thereon or in connection therewith), enlargement or equipment, be exempt from all county, incorporated town or city, and school districts ad valorem taxes for five (5) years from the date of the first use of the building, equipment, or enlargement of such plants. This provision shall be self executing and shall not require additional implementing legislation. 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 above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to exempt from Early County and any incorporated city or town or school district therein ad valorem taxation for five (5) years a new manufacturing or processing plant, including the machinery and equipment therein, or any enlargement or addition thereto. Against ratification of amendment to the Constitution so as to exempt from Early County and any incorporated city or twon or school district therein ad valorem taxation for five (5) years a new manufacturing or processing plant, including the machinery and equipment therein, or any enlargement or addition thereto. All persons desiring to vote in favor of adopting the

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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 and thereof. BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 151 (House Resolution No. 411-852). A Resolution. Proposing an amendment to the Constitution creating the Brunswick and Glynn County Development Authority as a constitutional authority and public corporation; to provide for the appointment, eligibility and tenure of members and officers; to confer on the General Assembly the authority to prescribe by law additional powers and duties for said Authority; 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 V, Section IX, Paragraph I, of the Constitution is hereby amended by adding at the end thereof the following paragraphs: There is hereby created a body corporate and politic

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to be known as the `Brunswick and Glynn 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 Glynn County. The County of Glynn and the City of Brunswick may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. Property. The Authority shall consist of five (5) members who shall have such 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 by the County of Glynn and the City of Brunswick. Members of the Authority shall be residents of Glynn County within or without the corporate limits of the City of Brunswick. The General Assembly shall provide for appointment and terms of office of members of the Authority. The Authority shall elect a chairman, vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. Members, etc. Said Authority is created for the purpose of developing, promoting and expanding 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 Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively

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for the purposes for which the Authority is created. Purposes. 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 Brunswick and Glynn County Development Authority. Against ratification of amendment to the Constitution so as to create the Brunswick and Glynn 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 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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KINGSLAND DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 415-859). A Resolution. Proposing an amendment to the Constitution so as to create the Kingsland 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 the City of Kingsland in Camden County to be known as the Kingsland Development Authority, which shall be an instrumentality of the City of Kingsland 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 who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Kingsland. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the mayor and council. 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. No member shall be mayor nor a member of the council of the City of Kingsland, but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members, etc.

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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 the City of Kingsland; Property. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority. Tenants. D. The powers of the Authority shall include but not be limited to, the power: (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 City of Kingsland and also without the City of Kingsland, but not beyond the limits of Camden County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the City of Kingsland or at any place within Camden County sufficiently close to the City of Kingsland to be of benefit to the people of the city in the judgment of the Authority. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money and to issue notes, bonds and

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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 the City of Kingsland 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 by-laws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Kingsland and in Camden County, and to make long-range plans therefor; (8) To exercise such other powers and duties as may be delegated to it by the Mayor and Council of the City of Kingsland; (9) 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 subdivisions may be invested; (10) To designate officers to sign and act for the Authority generally or in any specific matter; (11) 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 City of Kingsland, the State of Georgia, nor Camden County;

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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; G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the Mayor and Council of the City of Kingsland but such compensation shall be paid from funds of the Authority; H. The City of Kingsland, in its sole discretion, is authorized, upon due and lawful passage and adoption of an ordinance, to levy an annual tax, not to exceed one mill, on all taxable property within the city for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Kingsland to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may

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be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said authority to issue any bonds resulting in the creation of a lien against the tax digest of the City of Kingsland or any property located therein; 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; K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Kingsland and its citizens, industry, agriculture, trade, commerce and recreation within the City of Kingsland and in Camden County, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Kingsland 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; 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 (30) days after such proclamation; 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

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same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Kingsland with power to extend its operations outside of the City of Kingsland but not beyond the limits of Camden County as herein provided, and the scope of its operations shall be limited to the territory embraced within Camden County and the City of Kingsland. The general assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Kingsland and Camden County; 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 the City of Kingsland, State of Georgia, nor Camden 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, 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Constitution so as to create the Kingsland Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to Constitution so as to create the Kingsland Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. 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

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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. BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 153 (House Resolution No. 416-862). A Resolution. Proposing an amendment to the Constitution so as to create the Berrien County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof new paragraphs which shall read as follows: A. There is hereby created a body corporate and politic in Berrien County, Georgia, to be known as the Berrien County Industrial Building Authority, which shall be an instrumentality of Berrien County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created.

Page 820

B. The Authority shall consist of five members. The President of the Berrien County Chamber of Commerce, the Mayor of the City of Nashville, and the Chairman of the Berrien County Board of Commissioners shall be ex officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Berrien County shall appoint two members and shall be eligible 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. Members. 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 Berrien County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pedge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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

Page 821

amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Berrien County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Berrien County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter;

Page 822

(9) 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 Berrien County. F. The members of the Authority shall receive no compensation for their services to the Authority. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Berrien County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Berrien County. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for

Page 823

that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: 1. The undertaking for which the bonds are to be issued will increase employment in Berrien County. 2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Berrien County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Titles to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Berrien County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date.

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N. 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 the Authority. The Authority shall be an instrumentality of Berrien County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Berrien County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Berrien County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Berrien County shall vote for ratification thereof, this amendment

Page 825

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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. PEACH COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 421-875). A Resolution. Proposing an amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof; 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 I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the County Board of Education of Peach County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Peach County from the State through the Minimum Foundation Program for Education as security and payment therefor. Authority to borrow funds. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

Page 826

of the members elected to each of the two branches of the General Assembly, and the same has been entered on thir 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 authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof. Against ratification of amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof. 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 proposed 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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BROOKS COUNTYCITY OF QUITMANMERGER OF SCHOOL SYSTEMS. Proposed Amendment to the Constitution. No. 155 (House Resolution No. 449-915). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia so as to provide for the merger of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said city, into one school system coextensive with the limits of Brooks County; to provide for a Board of Education; 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 of the State of Georgia is hereby amended by adding at the end thereof the following: The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman are merged hereby into one school system coextensive with the limits of Brooks County, which shall be known as Brooks County School System. The existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of the City of Quitman shall cease to exist. Brooks County School System shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Quitman and Brooks County. Merged. Brooks County School System is authorized to incur bonded indebtedness for the purpose of constructing,

Page 828

erecting, enlarging, repairing, improving and equipping school buildiings and facilities and for acquiring the necessary property therefor. Bonds. Brooks County School System is vested with the power to conduct a system of public education throughout the limits of said county and with all powers and authority granted to public school systems and districts by the Constitution and laws of the State of Georgia. Powers. Brooks County shall be divided into six education districts as follows: Education district No. 1 shall include the area lying within the boundaries of Georgia militia districts #1230 (Dry Lake) and #1712 (Williams), as now organized. Education districts. Education district No. 2 shall include the area lying within the boundaries of Georgia militia district #659 (Nankin) and all of the area lying within the boundaries of Georgia militia district #1199 (Quitman) as now organized, except that portion which lies within the corporate limits of the City of Quitman as now existing or later established. Education district No. 3 shall include the area lying within the boundaries of Georgia militia districts #1402 (Dixie), #1198 (Grooverville), #1412 (Hickory Road) and #1718 (Empress), as now organized. Education district No. 4 shall include the area lying within the boundaries of Georgia militia district #1571 (Barney) and #790 (Tallokas), as now organized. Education district No. 5 shall include the area lying within the boundaries of Georgia militia districts #660 (Morven) and #1650 (Briggs), as now organized. Education district #6 shall include the area lying within the boundaries of the corporate limits of the City of Quitman as now existing or later established.

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The administration of Brooks County School System shall be vested in a Board to be known as Brooks County Board of Education. Said Board shall consist of seven members. One member shall reside in and be chosen from Education district No. 1; one member shall reside in and be chosen from Education district No. 2; one member shall reside in and be chosen from Education district No. 3; one member shall reside in and be chosen from Education district No. 4; one member shall reside in and be chosen from Education district No. 5; and two members shall reside in and be chosen from Education district No. 6. The members of said Board shall receive such compensation as is provided by law for members of county school boards, or $15 per month whichever amount is larger. Board created, etc. The persons serving as members of the existing Brooks County Board of Education on the 1st day of January 1963, shall become members automatically of the new Brooks County Board of Education created by this amendment. The term of office of said members residing in Education districts Nos. 4 and 5 shall expire on the last day of December, 1966. The term of office of said members residing in Education districts No. 1, 2, and 3 shall expire on the last day of December, 1964. Terms, etc. On the first Tuesday in December in the year 1962. an election shall be held for the purpose of electing two members of the new Brooks County Board of Education (created by this amendment) from Education district No. 6. The Ordinary of Brooks County, Georgia shall issue the call for such election within 5 days after the general election in the year 1962. Such members shall take office on the first day of January, 1963. The term of office of the member receiving the highest number of votes shall expire on the last day of December, 1966. The term of office of the other member shall expire on the last day of December, 1964. The candidates for such offices who desire that their names appear on the printed ballot shall file written notice of their candidacy with the Ordinary of Brooks County, Georgia at least 15 days before the date of such election. All of the voters in

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Brooks County who were qualified to vote in the general election in 1962 shall be eligible to vote in such election. The laws governing elections of members of the General Assembly of Georgia shall govern such election and future elections in so far as they are applicable. Elections. Except in case of vacancies, the successor to each member of the new Brooks County Board of Education created by this amendment shall be elected in the year in which the term of office of said member will expire and at the same time and in the same manner as members of the General Assembly of Georgia are elected. Except in case of vacancies, the term of office of each member of said Board elected by the people at the general election shall be for four years beginning with the first day of January following his election. Each member of said Board shall serve until his successor is elected and qualified. Vacancies in the membership of said Board shall be filled by the remaining members of said Board. Successor members elected by the Board to fill vacancies shall serve until the next general election at which time a successor member shall be elected to fill the unexpired term. Elections, vacancies. Any person offering as a candidate to represent an Education district on the Board must reside in the district from which he offers. No person shall be eligible for membership on the Board unless he has resided in the Education district from which he offers as a candidate for at least one year immediately preceding the date of the election. If any member of the Board shall change his residence from the Education district that he represents he shall no longer represent that District and a successor shall be elected as provided in this amendment. No person shall be eligible to hold office as a member of said Board who is not a freeholder in Brooks County, who is not of good moral character, or who is not qualified to vote for members of the General Assembly. In addition to the qualifications set forth in this amendment, no person shall be eligible to hold office as a member of said Board unless he has all of the other qualifications provided by law for County school board members not in

Page 831

conflict with those set forth in this amendment. The qualified voters of Brooks County shall be authorized to vote for the election of all members of said Board. Qualifications. The existing Brooks County Board of Education shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1963 at which time said Board shall cease to exist. The existing Board of Education of the City of Quitman shall continue to manage and operate the school system under its jurisdiction through the last day of June, 1963, at which time said Board shall cease to exist. From the first day of January, 1963, through the last day of June, 1963, the new Brooks County Board of Education created by this amendment, shall have power and authority to do any and all acts which may be necessary or proper in preparation for the operation of a merged school system from and after the last day of June, 1963. The new Brooks County Board of Education created by this amendment shall operate a school system coextensive with the limits of Brooks County from and after the last day of June, 1963. Existing board. The City of Quitman and Brooks County are authorized to make appropriations for educational purposes from their general funds to the new Brooks County School System created by this amendment. Funds. The new Brooks County School System created by this amendment shall have the power of eminent domain with all the remedies to execute such power provided in the Constitution and laws of Georgia. Eminent domain. The property of the independent school system of the City of Quitman and the property of the school district of Brooks County lying outside the corporate limits of the City of Quitman shall become the property of the new Brooks County School System created by this amendment. Property. The new Brooks County School System created by this amendment shall have the right and authority to incur indebtedness, not in conflict with the Constitution of the

Page 832

State of Georgia; the right to contract and be contracted with; to sue and be sued; to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Brooks County and to effectuate the purposes of this amendment. Nothing however in this amendment nor in any act or acts of the General Assembly shall waive the governmental immunity of the new Brooks County School System created by this amendment. Powers. Specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the new Brooks County Board of Education created by this amendment, and all powers to be granted to said school system by the General Assembly pursuant to this amendment are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education through the limits of Brooks County. Intent. The powers hereby granted to the new Brooks County School System created by this amendment and the powers to be granted to said school system by the General Assembly pursuant to this amendment shall exist notwithstanding other provisions of this Constitution or any general or special laws of the State of Georgia. Same. The new Brooks County School System created by this amendment assumes all debts, contracts and other obligations of the Board of Education of the City of Quitman and of the existing Brooks County Board of Education. Existing debts. The General Assembly is authorized to pass such Laws as may be necessary or desirable to the operation, conduct and control of the new Brooks County School System created by this amendment and its fiscal affairs which are not in conflict with this amendment. The General Assembly may from time to time enact special acts amending any act or acts enacted pursuant to this amendment. General Assembly.

Page 833

The provisions of this amendment shall be self executing and shall not require enabling legislation by the General Assembly before they become effective. Intent. The merger of the existing two school systems in Brooks County shall take pace at the end of the last day of June, 1963. Effective date. Section 2. If 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 provide for the merging of the existing independent school system of the City of Quitman and the 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. Against ratification of amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and the 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. 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

Page 834

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 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. RANDOLPH COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 455-918). A Resolution. Proposing an amendment to the Constitution so as to create the Randolph 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Randolph County to be known as the Randolph County Development Authority, which shall be an instrumentality of Randolph County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be elected by a majority of the Commissioners of Roads and Revenues

Page 835

of Randolph County, three of whom shall reside within the city limits of Cuthbert, Georgia, two within the city limits of Shellman, Georgia, and two at large from the area of Randolph County. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for term of five years. 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. No member shall be a member of the Board of County Commissioners of Randolph County, but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members. 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 Randolph County. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment,

Page 836

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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Randolph County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Randolph County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested;

Page 837

(8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Randolph County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Randolph County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Randolph County. Bonds. H. The Authority may authorize additional bonds,

Page 838

for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Randolph County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Randolph County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. 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 (30) 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 Randolph County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend

Page 839

the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Randolph County Development Authority. Against ratification of amendment to the Constitution so as to create the Randolph 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 electors qualified to vote for members of the General Assembly voting thereon in Randolph County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

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MUSCOGEE COUNTYFUNDS TO PROMOTE INDUSTRY ETC. Proposed Amendment to the Constitution. No. 157 (House Resolution No. 460-922). A Resolution. Proposing an amendment to the Constitution to authorize Muscogee County to make appropriations from county funds not derived from ad valorem taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes, or through such agencies as it may designate; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I, of the Constitution is hereby amended by adding at the end of said paragraph the following language: Provided, however, that Muscogee County is authorized to make appropriations from county funds not derived from ad valorem taxation to advertise and promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs, to encourage the location of new industries therein and to attract tourists and conventions of visitors thereto, making such appropriations directly for such purposes or through such agencies as it may designate. 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

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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 1 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 Muscogee County to make appropriations to promote the agriculture, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs. Against ratification of an amendment to the Constitution so as to authorize Muscogee County to make appropriations to promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs. 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 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 State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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WASHINGTON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 158 (House Resolution No. 467-922). A Resolution. Proposing an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, ratified November 4, 1952, as amended, so as to provide for the appointment of a School Superintendent by the Board of Education of Washington County to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, ratified November 4, 1952, as amended, is hereby amended by adding at the end of said paragraph the following: If a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term, the Board of Education of Washington County shall appoint a successor to serve for the unexpired term. The person so appointed shall have the same qualifications and shall receive the same salary as is fixed by law. [Illegible Text]. 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 an amendment to the Constitution so as to provide that the Board of Education of Washington County shall appoint a successor to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term. Against ratification of an amendment to the Constitution so as to provide that the Board of Education of Washington County shall appoint a successor to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term. 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 State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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WHEELER COUNTYCOUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 159 (House Resolution No. 486-957). A Resolution. Proposing an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia 1945, ratified November 4, 1952, as amended, so as to provide for the appointment of the County School Superintendent of Wheeler County by the County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution of 1945, ratified November 4, 1952, as amended, relating to the County School Superintendent, is hereby amended by adding at the end of said paragraph the following: The County School Superintendent of Wheeler County shall be elected by the County Board of Education of Wheeler County. The Superintendent shall serve at the pleasure of the Board, and the County School Superintendent of Wheeler County shall no longer be elected by the voters of Wheeler County. The board shall have the sole discretion in deeming whether a person is competent and qualified to serve as Superintendent. The present County School Superintendent of Wheeler County shall continue to serve until the end of the term of which he was elected by the qualified voters of Wheeler County. At the next general election at which the qualified voters of Wheeler County elect their county officials there shall be no County School Superintendent elected, but the County Board of Education shall elect the succeeding School Superintendent of Wheeler County and all succeeding School Superintendents.

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The County School Superintendent of Wheeler County, as provided for herein shall be subject to all of the constitutional provisions and all general statutory provisions relative to County School Superintendent unless such provisions are in conflict with the provisions of this amendment. 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 providing that the County Board of Education of Wheeler County shall have the authority to elect the County School Superintendent of Wheeler County. Against ratification of amendment to the Constitution providing that the County Board of Education of Wheeler County shall have the authority to elect the County School Superintendent of Wheeler 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

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and certify the result to the Governor, who shall issue his proclamation thereon. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to provide that the County Superintendent of Schools for Wheeler County shall be appointed by the County Board of Education; to provide for a referendum; and for other purposes. This 8th day of January, 1962. /s/ Mackie Simpson, Representative, Wheeler County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mackie Simpson, who, on oath, deposes and says that he is Representative from Wheeler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle, which is the official organ of said county, on the following dates: January 12th, 19th, and 26th, 1962. /s/ Mackie Simpson, Representative, Wheeler County, Georgia. Sworn to and subscribed before me, this 29th day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 6th, 1964. (Seal).

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WASHINGTON WILKES PAYROLL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 160 (House Resolution No. 487-957). A Resolution. Proposing an amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority as a constitutional authority and public corporation; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide 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. Article V. Section IX of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Washington Wilkes Payroll 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 Wilkes County. The County of Wilkes and the City of Washington may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers and authority as prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members.

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All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing and promoting for the public good and general welfare jobs and payrolls in industry, agriculture, commerce, and natural resources and the making of long-range plans for the coordination of such development, promotion and expansion, within its territorial limits, and shall specifically be authorized to enter into contracts and agreements for periods of time and extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Wilkes or the City of Washington. 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, powers. The specifications of certain powers herein is not intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out. 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 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:

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For ratification of amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority. Against ratification of amendment to the Constitution so as to create the Washington Wilkes Payroll 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 elections of 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. BACON INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 489-961). A Resolution. Proposing an amendment to the Constitution so as to create the Bacon Industrial Building 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.

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Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end the following: A. There is hereby created a body corporation and politic in Bacon County, Georgia to be known as the Bacon Industrial Building Authority, which shall be an instrumentality of Bacon County, Georgia and a public corporation. In this amendment it shall be hereafter referred to as `The Authority'; Created. B. The Authority shall consist of five members. The President of the Board of Trade, the Mayor of the City of Alma, Georgia, and the Chairman of the Bacon County Board of Commissioners shall be by virtue of their office members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Bacon County, Georgia shall appoint two members and shall be eligible for reappointment. 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. Members. 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 Bacon County, Georgia. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements and indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor;

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(3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Bacon County, Georgia so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Bacon County, Georgia, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing structure and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal

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and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Bacon County, Georgia. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations has been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this Amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or

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forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same, purposes. (1) The undertaking for which the bonds are to be issued will increase employment in Bacon County, Georgia. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Bacon County, Georgia subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of

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promoting and expanding for the public good and welfare industry and trade within Bacon County, Georgia and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. The General Assembly may by law 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 Bacon County, Georgia and the scope of its operations shall be imited to the territory embraced within the county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Bacon Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Bacon Industrial Building Authority. If a majority of the electors qualified to vote for members

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of the General Assembly voting thereon in Bacon County, Georgia shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: Proposing an amendment to the Constitution so as to create the Bacon Industrial Building 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. This the 6th day of January, 1962. /s/ H. Dorsey Deen, Representative, Bacon County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen, who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times, which is the official organ of said county, on the following dates: Jan. 4th, 11th, 18th and 25, 1962. /s/ H. Dorsey Deen, Representative, Bacon County, Georgia.
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Sworn to and subscribed before me, this 29th day of January, 1962. \s\ Frances Y. Read, Notary Public, Georgia, State at Large. (Seal). CITY OF LOUISVILLETAX TO PROMOTE INDUSTRY. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 490-962). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing body of the City of Louisville to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and expanding agriculture, trade and commerce therein and in Jefferson County; 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 VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: A. The governing body of the City of Louisville be and is hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located within the now existent corporate limits of said City of Louisville and within any extension of said corporate limits of said city, not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in aiding

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and assisting in the promotion and establishing of new industries and the expansion of agriculture, trade and commerce therein and in Jefferson County. Said governing body of said city is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the city and its residents in keeping with the purposes of this amendment, including the right to pledge all or so much of such funds, as may be necessary, raised by such tax levy to the payment of the principal of and interest on any of its revenue bonds or obligations which it may hereafter issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law, including the one mill tax levy authorized by an amendment to Article VII, Section V Paragraph I of the Constitution of Georgia (Ga. L. 1956, Vol. I, p. 445 et. seq.); B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Louisville industry, agriculture, trade and commerce, located within the City of Louisville and Jefferson County and making long range plans for such development and expansion and to authorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said city; Purpose. C. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Louisville this amendment shall confer upon the governing body of said city all powers, rights and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General Assembly of Georgia; Powers. D. The property, obligations and the interest on the obligations of the city issued hereunder shall have the same immunity from all State and local taxation as the

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property, obligations and interest on other obligations of the City of Louisville; Property. E. The powers of the city conferred hereunder shall include, but shall not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the corporate limits of the City of Louisville as now existent and as hereafter extended and within the boundaries of Jefferson County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate or expand any industrial, commercial or agricultural plant, enterprise or establishment within Jefferson County, which in the judgment of the governing body of the city will be of benefit to said city. The provisions of this clause shall not be construed to limit any other powers of the city; (4) To borrow money and to issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I of the Constitution of this State to contract with Jefferson County, the State and any agency, political subdivision

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or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided; (6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment; (7) To encourage and promote the location and expansion of industry, agriculture, trade and commerce within its corporate limits as now existent and as the same may be hereafter extended and within the boundaries of Jefferson County and to make long range plans therefor; (8) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (9) To designate any of its corporate officers to sign and act for the city pertaining to the rights, powers and privileges herein conferred; (10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred; F. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Louisville within the meeting of Article VII, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy

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herein provided and monies derived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bondholder, however, shall have the right to compel the city to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon. Bonds. G. The city is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordinance of the governing body of the City of Louisville, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said city in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses and interest estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said city are hereby declared to be tax exempt from any and all purposes. The terms, conditions, covenants and

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provisions contained in any such resolution or ordinance authorizing the issuance of such bonds shall bind said governing body of said city then in office and its successors thereof including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said city shall be validated in the Superior Court of Jefferson County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1957, p. 36 et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Appeals of Georgia, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said city and against any contracting party with said city as herein provided. Bonds, purpose, etc. H. The property of the city herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations. Bonds, etc. I. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized. Construction. J. This amendment shall be effective immediately

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upon proclamation of its ratification by the Governor of the State of Georgia. Effective date. K. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the management and conduct of the city pertaining hereto not inconsistent with the provisions of this amendment. The scope of the operation of the city hereunder shall be within and without its corporate limits but shall not exceed the boundaries of Jefferson County. Intent. L. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the city within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia and such revenue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon. Amount of bonds. M. This amendment shall be effective notwithstanding any other provisions or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith. Intent. Section 2. When the above proposed amendment to the Constitution shall have been agreed upon by two-thirds of the members elected to each of the two (2) branches of the General Assembly, and the same has been entered on the journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

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as provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia. 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 authorize the City of Louisville to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in the furtherance of such purpose to authorize the governing body of said city to issue its revenue bonds or obligations and to pledge revenues including special tax funds to the payment thereof and interest thereon and to provide the method and manner of such issuance and the validation of said bonds and the effect thereof. Against amendment of amendment to the Constitution so as to authorize the City of Louisville to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in the furtherance of such purpose to authorize the governing body of said city to issue its revenue bonds or obligations and to pledge revenues including special tax funds to the payment thereof and interest thereon and to provide the method and manner of such issuance and the validation of said bonds and the effect thereof. 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 the ratification. If such amendment shall be ratified as provided in Artice XIII, Section I, Paragraph I 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 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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STEWART COUNTY NATURAL GAS SYSTEM. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 504-981). A Resolution. Proposing an amendment to the Constitution, so as to authorize Stewart County to provide a natural gas system for said 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 VII, Section IV, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: The governing authority of Stewart County is hereby authorized to build and maintain a natural gas system in said county, including the establishment of necessary pipelines throughout the county, for the purpose of providing gas for commercial and residential needs, both public and private; such gas to be sold to residents of said county at reasonable rates. Any such gas system may be leased to a private individual or corporation to be operated for the purpose as hereinbefore mentioned. Revenue anticipation bonds and general obligation bonds may be issued for such 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 journal 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 authorize Stewart County to build and maintain a natural gas system. Against ratification of amendment to the Constitution so as to authorize Stewart County to build and maintain a natural gas system. 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. RABUN COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 510-981). A Resolution. Proposing an amendment to the Constitution so as to create the Rabun County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of

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this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Rabun County to be known as the Rabun County Industrial Building Authority, which shall be instrumentality of Rabun 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 Ordinary of Rabun County shall be a member. In addition the Ordinary of Rabun County shall appoint four members who shall be eligible for a term of five years and shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Ordinary of Rabun County. 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 powers of the Authority to act. Members. C. The property, obligations and interest on the obligations of the authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Rabun County. Property. D. The powers of the Authority shall include, but not be limited to the power: (1) To receive and administer gifts, grants, and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign

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any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Rabun County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gifts any building or structure within the limits of Rabun County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenance thereto and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovation, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments

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sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 manner any debt, liability or obligation against the State of Georgia or Rabun County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds

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issued as provided for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Rabun County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Rabun County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceeding. Same, limit. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Rabun County. Bonds. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Rabun County subject to any

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mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purposes of promoting and expanding for the public good and welfare industry and trade within Rabun County and reducing unemployment to the greatest extent, possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Rabun County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 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

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so as to create the Rabun County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Rabun County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Rabun County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 530-1024). A Resolution. Proposing an amendment to the Constitution so as to create the Oconee County Industrial 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.

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Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Oconee County to be known as the Oconee County Industrial Development Authority, which shall be an instrumentality of Oconee 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 Athens Area Chamber of Commerce, the Mayor of Watkinsvile and the Chairman of the Oconee County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Oconee County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. 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. Members, etc. 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 Oconee County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign

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any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual power 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Oconee County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Oconee County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or

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installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Oconee County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds

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issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Oconee County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Oconee County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Additional bonds. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Bonds. (1) The undertaking for which the bonds are to be issued will increase employment in Oconee County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of

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such dissolution shall revert to Oconee County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Oconee County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Construction. M. 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 (30) days after such proclamation. Effective date. N. 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 Oconee County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 shal 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:

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For ratification of amendment to the Constitution so as to create the Oconee County Industrial Development Authority. Against ratification of amendment to the Constitution so as to create the Oconee County Industrial 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 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. STEPHENS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 166 (House Resolution No. 532-1024). A Resolution. Proposing an amendment to Article VII, Section V, Paragraph I of the Constitution so as to create the Stephens County Development Authority; to provide for the powers, authority, funds, purposes, and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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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 Stephens County to be known as the Stephens County Development Authority, which shall be an instrumentality of Stephens 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 Stephens County Chamber of Commerce, the Mayor of Toccoa, Georgia, and the Chairman of the Stephens County Board of Commissioners shall be exofficio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Stephens 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. Members, etc. 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 Stephens County. Property. D. The powers of the Authority shall incude but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor or lessee, and mortgage land, buildings and property of all kinds within the limits of Stephens County. Powers. (2) To receive and administer gifts, grants and donations and to administer trusts.

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(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 Stephens 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 Stephens 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 by-laws and regulations for the conduct and management of the Authority. (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Stephens 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 subdivisions may be invested. (9) To designate officers to sign and act for the Authority generally or in any specific manner. (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

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E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Stephens 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, etc. 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 Stephens County is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. (Revenue Certificates, thus issued, shall be paid from the income of the Authority). Bonds. I. The governing authority of Stephens County is authorized to appropriate to the Authority such amount as is due the Authority under the provisions of this Act from the tax funds collected each year in said county 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.

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K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Stephens County and its citizens, industry, agriculture and trade within the County of Stephens, and making long-range plans for such development and expansion and to authorize the use of public funds of Stephens 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 Stephens County, and the scope of its operations shall be limited to the territory embraced within Stephens County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Stephens 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 Stephens County. Debt limit. O. The County of Stephens is hereby authorized to levy and collect an annual ad valorem tax not to exceed two mills for developing and promoting industry and agriculture and is hereby directed to pay the Authority all funds derived from such levy to be used for the purposes provided herein. Tax. P. If at any time, in the judgment of the County Commissioners of Stephens County, the two mills ad valorem tax levy as herein provided is no longer needed to effectuate the purposes of this amendment said commissioners

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may discontinue said two mills ad valorem tax levy without further legislative enactment. Same. 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 Stephens County Development Authority. Against ratification of amendment to the Constitution so as to create the Stephens 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 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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COFFEE COUNTY RECREATIONAL AUTHORITY. Proposed Amendment to the Constitution. No. 167 (House Resolution No. 540-1040). A Resolution. Proposing an amendment to the Constitution so as to create the Coffee County Recreational Authority; to prescribe the 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, relating to taxing power and contributions of counties, municipalities and political divisions of the State, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Coffee County Recreational Authority', which shall be deemed to be an instrumentality of the State of Georgia and a public corporation. The authority shall consist of and be governed by five members: the five members shall be appointed by the commissioners of Coffee County, Georgia. The members shall be appointed from the various road districts of Coffee County as follows: one from Ambrose-Bridgetown District; one from Broxton-Westgreen District and three from Douglas-Nicholls District. The members of the authority shall elect from among themselves a president, a vice-president and a secretary-treasurer, except that by a majority vote of the entire membership, they may elect a person as secretary-treasurer who is not a member of the authority. The terms of office of the members appointed by the commissioners of Coffee County shall be the same as and run concurrently with the terms of office of the commissioners of Coffee County, Georgia. Created, members, etc.

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The authority is created for the purpose of developing and promoting for the public good and general welfare, recreational facilities for the citizens of Coffee County, Georgia. All funds, property and assets of whatever kind or nature of the authority, are hereby declared to be exempt from all taxation by the State, any county, any municipality or any political subdivision. The authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, or the County of Coffee. Purposes. The Commissioners of Coffee County are hereby authorized to levy and collect an annual ad valorem tax of not more than one-half () mill for developing and promoting recreational facilities in Coffee County, Georgia, and is hereby directed to pay to the authority all funds derived from such levy to be used for the purpose provided herein. Taxes. The General Assembly is hereby authorized to enact legislation to implement this amendment, in any manner it sees fit. 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 creating the Coffee County Recreational Authority. Against ratification of amendment to the Constitution creating the Coffee County Recreational Authority. All persons desiring to vote in favor of adopting the

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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. CITY OF MACON-BIBB COUNTYINDUSTRIAL DEVELOPMENT. Proposed Amendment to the Constitution. No. 168 (House Resolution No. 542-1049). A Resolution. Proposing an amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services directly, or through the Macon-Bibb County Industrial Authority, so as to encourage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from the Macon-Bibb County Industrial Authority; to ratify and confirm an Act of the General Assembly of Georgia creating the Macon-Bibb County Industrial Authority; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, ratified in the general

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election of August 7, 1945, and as the same has been heretofore and may be contemporaneously amended, is hereby amended by adding thereto the following: Provided, however, that the governing authorities of the County of Bibb and of the City of Macon, either and both, are by this self-executing amendment, authorized and permitted, directly, or through the Macon-Bibb County Industrial Authority, to appropriate properties, moneys and services, any or all, so as to encourage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb, but conditioned, however, upon none of said appropriations being used or pledged for entertainment purposes and, further conditioned, that such appropriations not increase ad valorem tax millage limitations now or hereafter otherwise imposed by law; Provided, further, that an Act of the General Assembly of Georgia entitled An Act to create a public body corporate and politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority; To provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; To provide for the tax exemption of its properties, income, obligations and interest thereon; To provide for separability of the several provisions of this Act; and for other purposes, which was enacted at the January-February, 1962 session of the General Assembly of Georgia is ratified and confirmed as of the dates of both its passage and approval; and, provided further that, insofar as this amendment relates to the aforesaid act creating the Macon-Bibb County Industrial Authority, the effectiveness of this amendment shall be retroactive to such dates as may be required to assure said act of full force, effect and validity. 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

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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 said Constitution of Georgia of 1945, and as aforesaid 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 permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services, directly or through the Macon-Bibb County Industrial Authority so as to encourage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from said Industrial Authority and to ratify the Act creating the Macon-Bibb County Industrial Authority. Against ratification of amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services, directly or through the Macon-Bibb County Industrial Authority so as to encourage, induce, assist and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from said Industrial Authority and to ratify the Act creating the Macon-Bibb County Industrial 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 electors qualified to vote for members of the General Assembly voting thereon in Bibb

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County and in the City of Macon shall vote for ratification thereof, this amendment shall become a part of the Constitution of this State. The returns of the elections shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. CEDARTOWN DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 169 (House Resolution No. 550-1065). A Resolution. Proposing an amendment to the Constitution so as to create the Cedartown Development Authority; 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 V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Cedartown 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 the corporate limits of the City of Cedartown. The City may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority

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shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. General Assembly. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Cedartown. Same. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long rangs 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 or the City of Cedartown. 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 excusively for the purposes for which the Authority is created. Purpose. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both

Page 890

principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Sales and leases. 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 Cedartown Development Authority. Against ratification of amendment to the Constitution so as to create the Cedartown 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 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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CITY OF DARIENCLOSING AND OPENING OF STREETS, ETC. Proposed Amendment to the Constitution. No. 170 (House Resolution No. 559-1072). A Resolution. Proposing an amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said city; 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 XV, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of the City of Darien is hereby empowered to open, close and reopen streets, alleys, roads and sidewalks within the corporate limits of the City of Darien. The governing authority is hereby authorized to provide by ordinance for the method of disposing of the property within the boundaries of any streets, alleys, roads and sidewalks which are closed. 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

Page 892

as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City. Against ratification of amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City. 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. CATOOSA COUNTYSEWAGE DISTRICTS. Proposed Amendment to the Constitution. No. 171 (House Resolution No. 565-1101). A Resolution. Proposing to the qualified voters of Georgia an amendment to Article XI, Section I of the Constitution of the State of Georgia, so as to provide for sewage districts for the County of Catoosa; and for other purposes. Be it resolved by the General Assembly of Georgia as follows:

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Section 1. Article XI, Section I of the Constitution of Georgia, relating to counties, is hereby amended by adding thereto at the end thereof a new paragraph to be properly numbered and to read as follows: The governing authority of the County of Catoosa is hereby given the authority and power to establish and administer within the bounds of the County of Catoosa sewage districts, and may therein create, construct, maintain and operate a system, or systems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided, that such taxes shall not exceed ten mills upon the valuation of the property located in any such district. In the event bonds are issued by the county for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Catoosa County, and only those voters residing in such district shall participate in such election held for that purpose. Any other provisions in this Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to twenty-five (25%) per cent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, either for operation and maintenance of the system or for debt service. 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 houses of the

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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 amendment to be published in one or more newspapers in each congressional district of this State and in the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State. All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots the following: For ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Catoosa County, and the levying of taxes and the issuance of bonds related thereto. All persons opposing the adoption of said amendment shall have written or printed on their ballots the following: Against ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Catoosa County, and the levying of taxes, and the issuance of bonds related thereto. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in favor in both the State as a whole and in the area directly affected thereby, such amendment 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 to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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WAYNE COUNTYRECALL OF COUNTY OFFICERS. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 578-1126). A Resolution. Proposing an amendment to the Constitution so as to provide for the recall of county officers of Wayne 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: Each county officer of Wayne County shall be subject to recall at any time after his election. The petition for such recall election must be signed by not less than 15% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Ordinary of Wayne County, and it must be signed in the presence of the Ordinary or of an employee of the Ordinary. The person or persons sponsoring such petition shall address such petition to the Ordinary, petitioning him to call for a special election to submit the question of whether any such county officer shall be recalled. The Ordinary shall allow such person or persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such person or persons must notify the Ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Ordinary more than fifteen days after it is first placed in the Ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen day period shall be void and of no force and effect.

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It shall then be the duty of the Ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. For this purpose, the Clerk of the Superior Court of Wayne County is hereby directed to furnish the Ordinary with a list of the registered voters for the last general election. The Ordinary must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 20 nor more than 30 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon, the words For recall of ( name of officeholder ) ( name of office ) and Against recall of ( name of officeholder ) ( name of office ). The Ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same officer shall be held for at least two years. Procedures, etc. 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,

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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 provide for the recall of county officers of Wayne County. Against ratification of amendment to the Constitution so as to provide for the recall of county officers of Wayne 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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CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 585-1126). A Resolution. Proposing an amendment to the Constitution so as to create the Clarkesville Industrial Building 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 V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in the City of Clarkesville to be known as the Clarkesville Industrial Building Authority, which shall be an instrumentality of the City of Clarkesville 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 Clarkesville Chamber of Commerce and the Mayor of the City of Clarkesville shall be ex-officio members of the Authority. In addition the Clarkesville City Council shall appoint three members for a term of five years and they shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said city council. 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. Members, etc. C. The property, obligations and interest on the obligations

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of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Clarkesville except such buildings, land and equipment purchased by the Authority and found in existence at the time of the adoption of this amendment. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in the City of Clarkesville so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Clarkesville suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and

Page 900

all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and remodeling, renovating, reconstructing, furnishing and equipping of such building. No construction or purchase of materials for construction or purchase of office supplies or equipment whose value is in excess of three hundred ($300.00) dollars shall be made except by advertisement for sealed bids and on the basis of lowest bid. No member of said Authority or any member of his or her family shall be allowed to perform any business transaction with said authority or contractor doing business with the Authority. Neither shall any member of the Authority or any member of his family be employed by firms or persons transacting business with the Authority; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations except corporations whose stock is owned in part by any member of the Authority or the governing body of the City of Clarkesville. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer or possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter;

Page 901

(9) 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 the City of Clarkesville. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing the rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the City of Clarkesville to pay any such bonds or the interest thereon nor to enforce payment thereof against the property of the City of Clarkesville. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in

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escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in the vicinity of the City of Clarkesville; Same. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said City, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Clarkesville, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the vicinity of the City of Clarkesville and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. This amendment shall be effective immediately

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upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. N. 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 the City of Clarkesville and the scope of its operations shall be limited to the territory embraced within said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such imits. 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 thereof the following: For ratification of amendment to the Constitution so as to create the Clarkesville Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Clarkesville Industrial Building 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.

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If a majority of the electors qualified to vote for members of the General Assembly voting thereon in the City of Clarkesville shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor who shall, if such amendment be ratified, issue his proclamation thereon. WALTON INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 174 (House Resolution No. 586-1131). A Resolution. Proposing an amendment to the Constitution so as to create the Walton Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Walton County to be known as the Walton Industrial Building Authority, which shall be an instrumentality of Walton 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 Monroe-Walton County Chamber of Commerce,

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the Chairman of the Monroe City Council, and the Chairman of the Walton County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenues of Walton County shall appoint two members and shall be eligible 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. Members. 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 Walton County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority;

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(5) To encourage and promote the expansion and development of industrial and commercial facilities in Walton County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Walton County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant land and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

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E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Walton County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Walton County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Walton County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired herein, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing

Page 908

with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: 1. The undertaking for which the bonds are to be issued will increase employment in Walton County. Same. 2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Walton County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Walton County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. The General Assembly may by law further define

Page 909

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 Walton County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Walton Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Walton Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Walton County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State

Page 910

to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. BURKE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 587-1131). A Resolution. Proposing an amendment to the Constitution so as to create the Burke County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Burke 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 Burke County. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The county is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed. One mill tax. The members of the Authority, their qualifications,

Page 911

terms and method of election or appointment, shall be prescribed by law by the General Assembly. Members. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue-anticipation bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the County of Burke. 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, 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 Burke County Development Authority. Against ratification of amendment to the Constitution so as to create the Burke County Development Authority.

Page 912

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. WALKER COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 589-1131). A Resolution. Proposing an amendment to the Constitution so as to create the Walker County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Walker County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and

Page 913

jurisdiction to be limited to the territory embraced by Walker County. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. There shall be seven (7) members of the Authority and they shall be as follows: The Commissioner of Roads and Revenues of Walker County, a member appointed by the governing body of Chickamauga, a member appointed by the Governing body of Rossville, a member appointed by the governing body of LaFayette, a member appointed by the Kiwanis Club of Chattanooga Valley, and two (2) members from the county at large appointed by the five (5) members provided for above to serve at the pleasure of said five (5) members. Members. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the County of Walker or any municipality located within the County of Walker. 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. Purposes. 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,

Page 914

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 Walker County Development Authority. Against ratification of amendment to the Constitution so as to create the Walker 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 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.

Page 915

CHATHAM COUNTYINDUSTRIAL AREAS. Proposed Amendment to the Constitution. No. 177 (House Resolution No. 591-1147). A Resolution. Proposing an amendment to the Constitution so as to create additional industrial areas in the County of Chatham; to fix the boundaries of said industrial areas; to provide that needed municipal services be furnished said areas as a prerequisite for taxation by any municipal corporation; to provide for the levying of taxes in a manner different from the manner of levying taxes on other classes of property; to limit the amount of taxes that may be levied in said industrial areas by any municipal corporation; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Whereas, the growth of industry in Chatham County in those parts thereof heretofore designated as industrial areas makes it expedient to encourage further the growth of industry in said county by the designation of additional areas for the like purpose and to provide for the furnishing of certain services to such areas by any municipal corporation which may hereafter be in a position to render same. Whereas, three areas in said county currently devoid of industrial improvement and a four area currently being improved are so located so that there are certain local businesses which should enjoy the privileges and immunities of an industrial area, and it is deemed especially appropriate for such designation; now therefore Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph III of the Constitution of Georgia is hereby amended by adding at the end of Paragraph III the following:

Page 916

There are hereby created in Chatham County, west of the property of the Georgia Ports Authority (commonly known as the Savannah State Docks) and adjacent to the boundaries of the City of Port Wentworth certain areas to be known as industrial areas, which areas shall include all the lands and improvements located within the following boundaries: Parcel No. 1. `All that certain tract or parcel of land comprising the area of land in Chatham County, Georgia, which is bounded on the north by the southern line of the right-of-way of Crossgate Road (which road is now in its westerly extension within the present corporate limits of the City of Port Wentworth), on the east by the present corporate limits of the City of Port Wentworth, on the south by the present corporate limits of the City of Port Wentworth, and on the west by the eastern line of the right-of-way of a portion of Georgia State Highway 21 (which is within the present corporate limits of the City of Port Wentworth). Parcel No. 2. All that certain tract or parcel of land comprising the area of land in Chatham County, Georgia, which is bounded on the north by the present corporate limits of the City of Port Wentworth, on the east by the present corporate limits of the City of Port Wentworth, on the south by the northern line of the right-of-way of Crossgate Road (which road is now in its westerly extention within the present corporate limits of the City of Port Wentworth), and on the west by the eastern line of the right-of-way of a portion of Georgia Highway 21 (which is within the present corporate limits of the City of Port Wentworth). Parcel No. 3. `All those certain tracts or parcels of land lying contiguous and comprising the combined area of land in Chatham County, Georgia, the boundary of which is determined as follows: Beginning at the point which marks the intersection of the northerly line of the right-of-way of Coastal Highway seventeen (17) with the low water line of the westerly edge of the Savannah

Page 917

River, proceeding thence in a direction generally westwardly along the said northerly line of said right-of-way to its point of intersection with the present corporate limits of the City of Port Wentworth, proceeding thence in a direction at first westwardly and then northwardly along the line of said corporate limits to its point of intersection and concurrence with the southerly bank of Augustine Creek and thence along said creek bank in a direction generally northwardly to the intersection of said creek bank with the easterly line of the right-of-way of the highway known as Georgia Route twenty-one (21); and thence in a direction generally northwardly along said easterly line of said right-of-way to a point which is the most westerly point of the parcel of land herein described, which point is determined as follows: commencing at a point on said easterly line of the right-of-way of said highway known as Georgia Route twenty-one (21) which point marks the intersection of said easterly line with the projection eastwardly of the center line of the highway known as Georgia Route thirty (30), and proceeding thence north eighteen degrees and no minutes west (N 18 W 0[prime]) for a distance of twenty-three hundred feet (2300[prime]) to a point on said easterly line, and thence north fifteen degrees and no minutes west (N 15 W 0[prime]) a distance of four hundred and eighty-five (485[prime]) feet to a point on said easterly line of said right-of-way of said Georgia Route twenty-one (21) which is the most westerly point of the parcel of land herein described; proceeding from said most westerly point as so determined north sixty-nine degrees and nineteen minutes east (N 69 E 19[prime]) to a point on the low water line of the west bank of the Savannah River, a distance of fifteen thousand six hundred ninety-one and 6/100ths feet (15,691.06[prime]) thence in a direction generally southwardly along the said low water line of the west bank of the Savannah River to the point which marks the intersection of the northerly edge of the right-of-way of Coastal Highway seventeen (17) with the westerly edge of the low water line of the Savannah River, which is the point of beginning.

Page 918

Parcel No. 4. `All that certain tract or parcel of land commencing at the intersection of the south line of Whatley Avenue and the north line of the Atlantic Coast Line Railroad right-of-way; thence in a southwesterly direction along the north line of the Atlantic Coast Line Railroad right-of-way to the point of intersection of the north line of the Atlantic Coast Line Railroad right-of-way and the east line of Ogeechee Avenue; thence in a northwesterly direction along the east line of Ogeechee Avenue to a point on the west line of the Atlantic Coast Line Railroad right-of-way; thence in a northerly direction along the west line of the Atlantic Coast Line Railroad right-of-way to a point on the north line of 52nd Street Extended; thence in a westerly direction along the north line of 52nd Street Extended to the east line of Tremont subdivision (which line is also the west line of the Atlantic Coast Line Railroad Industrial Sites); thence in a northerly direction along the east line of Tremont subdivision to a point on the south line of the Ogeechee Road; thence in an easterly direction along the south line of the Ogeechee Road to a point on the east line of the Atlantic Coast Line Railroad right-of-way; thence in a southeasterly direction along the east line of the Atlantic Coast Line Railroad right-of-way to a point, which point is the east line of Ogeechee Heights subdivision; thence in a northerly direction along the east line of Ogeechee Heights subdivision to a point on the south line of the Ogeechee Road; thence in an easterly direction along the south line of the Ogeechee Road to a point, which point is the intersection of the south line of the Ogeechee Road and the south line of Victory Drive; thence in a southeasterly direction along the south line of Victory Drive to the east line of the Savannah Industrial Park; thence in a southerly direction along the east line of the Savannah Industrial Park (which line is also the west line of the Board of Education property and the west line of Edwin Avenue) and the east line of the Derst Baking Company (which line is also the west line of the Board of Education property) to a point on the north line of the Atlantic Coast Line Railroad right-of-way; thence along the north line of the Atlantic Coast Line Railroad

Page 919

right-of-way to a point on the south line of Clinch Street; thence in a northeasterly direction along the south line of Clinch Street to a point, which point is the intersection of the south line of Clinch Street and the south line of Whatley Avenue; thence in a northeasterly direction along the south line of Whatley Avenue to a point on the north line of the Atlantic Coast Line Railroad right-of-way, which is the point of beginning.' The industrial areas as above described shall not hereafter be included within the limits of any municipal corporation, hereafter incorporated or now existing, except by process of constitutional amendment, and said areas shall not be subject to taxation by any municipal corporation now existing or hereafter incorporated except in the manner herein provided. The duly constituted authorities of any municipal corporation hereafter incorporated or now existing, shall be authorized and empowered to levy taxes on the land and improvements in said industrial areas when such municipal corporation shall be able to furnish needed municipal services to said areas or parts thereof, and the levy of taxes on said industrial areas, or parts thereof, shall be limited to five (5) mills on the dollar and the assessment of said property shall be the same assessment as is made by the County of Chatham on the tax returns of the property and improvements located within said industrial areas. The duly constituted authorities of any such municipal corporation when empowered to levy taxes on the land and improvements within said industrial areas are hereby expressly prohibited from exercising regulatory licensing or any other municipal or other governmental function over said area. Should any part or parts of said Parcel 1 or of said Parcel 2, as hereinabove bounded and described, be or become used for a purpose not primarily industrial in nature, then and in that event, the municipal corporation furnishing municipal services to the part or parts so used for a non-industrial purpose shall be relieved of the restrictions herein imposed upon the right of such municipal

Page 920

corporation to include the part or parts so used within the limits of such municipality and, as to such part or parts, of the tax and assessment limitations herein imposed, and of the prohibition herein contained against the exercise by such municipal corporation of regulatory licensing or other municipal or governmental function thereof. On or after January 1, 1966, any municipal corporation hereafter incorporated or now existing furnishing or able to furnish municipal services to said Parcel 1 and Parcel 2 may, upon publishing notice of its intention to do so once a week for three (3) successive weeks in one or more newspapers of general circulation in Chatham County, Georgia, show to the Superior Court of Chatham County that no industry is or has located in the area comprising said Parcels 1 and 2 taken as a whole and, unless such showing shall be countered by a showing to said court that notwithstanding the truth thereof improvements having a valuation of not less than two hundred thousand ($200,000.00) dollars have been made in said area by or on behalf of persons or corporations other than the petitioning municipal corporation and that said improvements are of a nature to establish said area as an industrial park area especially designed for industrial uses said court shall render a finding that anything hereinabove expressed to the contrary notwithstanding it shall be lawful for the petitioning municipality to proceed to include said parcels or either of them within the limits of said municipality and that the restrictions hereinabove imposed on such municipality with regard to the levying of taxes and assessments of property within said parcels are removed and that the prohibition hereinabove expressed against the exercise by such municipality of regulatory licensing or other municipal functions over said area is without force and effect. Section 2. The provisions hereof shall not apply to any residential property in any of said areas described herein. Intent.

Page 921

Section 3. 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 additional industrial areas in the County of Chatham. Against ratification of amendment to the Constitution so as to create additional industrial areas in the County of Chatham. All persons desiring to vote for the adoption of 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.

Page 922

CANDLER COUNTY INDUSTRIAL AUTHORITY. Proposed Amendment to the Constitution. No. 178 (House Resolution No. 592-1147). A Resolution. Proposing an amendment to the Constitution so as to create the Candler County Industrial 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Candler County, Georgia to be known as the Candler County Industrial Authority, which shall be an instrumentality of Candler 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 (5) members to be as follows: The President of the Metter Chamber of Commerce, the Chairman of the Candler County Commissioners, the Mayor of the City of Metter and two members to be appointed by the Mayor of the City of Metter for terms of five years, who shall be eligible for reappointment and in case of a vacancy for an unexpired term the mayor shall appoint a person to fill such vacancy. Members, etc. 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 Candler County. Property.

Page 923

D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Candler County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Candler County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling renovating, reconstructing, furnishing and equipping of such building;

Page 924

(6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Candler County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp.

Page 925

Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Candler County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Candler County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. The undertaking for which the bonds are to be issued will increase employment in Candler County. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and

Page 926

personal, held by the Authority at the time of such dissolution shall revert to Candler County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Candler County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Candler County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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:

Page 927

For ratification of amendment to the Constitution so as to create the Candler County Industrial Authority. Against ratification of amendment to the Constitution so as to create the Candler County Industrial 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 be come 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. GWINNETT INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 179 (House Resolution No. 607-1151). A Resolution. Proposing an amendment to the Constitution so as to create the Gwinnett Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

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A. There is hereby created a body corporate and politic in Gwinnett County to be known as the Gwinnett Industrial Building Authority, which shall be an instrumentality of Gwinnett 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 to be appointed by the governing authority of the county for terms of one (1), two (2), three (3), four (4) and five (5) years, and each year thereafter one member shall be appointed for a period of five (5) years. In addition thereto the President of the Gwinnett County Chamber of Commerce, a member of the County State Legislative body to be appointed by the governing authority of the county and the Chairman of the Board of County Commissioners shall serve as ex-officio members. The members shall be eligible for re-appointment. Vacancies shall be filled for any unexpired term by the board of county commissioners. In the event of a tie vote the President of the Gwinnett County Chamber of Commerce, ex-officio member, shall cast his vote to break such tie. The ex-officio members are not to be clothed with the power to vote except as provided herein. 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. Members, etc. Property. 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 Gwinnett County. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts. (2) To borrow money, to issue notes, and revenue bonds, to execute trust agreements or indentures, and to

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sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor. (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name. (4) To have and exercise usual powers of private corporation 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 not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority. (5) To encourage and promote the expansion and development of industrial and commercial facilities in Gwinnett County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Gwinnett County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments

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sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) To accumulate its funds from year to year and to invest accumulated funds in any manner the public funds of the State of Georgia or any of its political subdivisions may be invested. (8) To designate officers to sign and act for the Authority generally or in any specific manner. (9) 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 Gwinnett County. No public funds shall ever be expended for or on behalf of said Authority. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions

Page 931

of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Gwinnett County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Gwinnett County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorized proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: The undertaking for which the bonds are to be issued will increase employment in Gwinnett County. Same. J. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall vest title in Gwinnett County. Provided, all bonded indebtedness, liens, mortgages or encumbrances are satisfied subject to leases in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare

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industry and trade within Gwinnett County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Gwinnett County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Gwinnett Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Gwinnett Industrial Building Authority. All persons desiring to vote in favor of adopting the

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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 electors qualified to vote for members of the General Assembly voting thereon in Gwinnett County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 180 (House Resolution No. 610-1158). A Resolution. Proposing an amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority; to provide 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 V. Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in the County of Sumter and the City of Americus,

Page 934

to be known as the Americus-Sumter Payroll Development Authority and to be hereafter in this amendment referred to as the Authority, for the purpose of expanding and developing industry and agriculture in the City of Americus and the County of Sumter and for improving the general welfare of the people of said County. The Authority herein created shall be a public corporation and an instrumentality of the County of Sumter and the City of Americus. Create. B. The Authority shall consist of five members as follows: Two members shall be appointed by the Mayor and Council of the City of Americus; two members shall be appointed by the Commissioners of Roads and Revenues of Sumter County, and a fifth member shall be appointed by the joint and concurrent action of the Mayor and Council of the City of Americus and the Commissioners of Roads and Revenues of Sumter County, and the respective terms of the members shall begin as follows: Members, etc. (1) The first member appointed by the City of Americus shall be appointed for a term of one (1) year. (2) The first member appointed by the Sumter County Commissioners shall be appointed for a term of two (2) years; (3) The member appointed by the joint action of the City of Americus and the Sumter County Commissioners shall be appointed for a term of three (3) years; (4) The second member appointed by the Sumter County Commissioners shall be appointed for a term of four (4) years; (5) The second member appointed by the City of Americus shall be appointed for a term of five (5) years; and thereafter upon the expiration of such terms; successors shall be appointed for a term of five years by the political body who appointed the member whose term is expiring. All members who have served on said Authority

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shall be eligible for reappointment to succeed themselves if they are reappointed by said political subdivisions. Should any member resign, or be unable to serve, or move beyond the boundary of Sumter County, his successor shall be appointed to serve his remaining term by the political subdivision who originally appointed the member being removed. Section 2. The powers of the Authority herein created shall include, but shall not be limited to, the power: A. To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Americus, other municipalities and other political subdivisions and with private persons and corporations; Powers. B. 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 County of Sumter. C. To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within the County of Sumter or at any place within Sumter County. The provisions of this clause shall not be construed to limit any other power of the Authority. D. To borrow money and to issue Revenue anticipation bonds, and notes therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, income and/or anticipated tax revenue as security therefor; E. To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the

Page 936

condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned. F. To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in the City of Americus, County of Sumter, and to make long range plans therefor. G. 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 subdivisions may be invested; H. To elect its own officers from the membership of said Authority and to authorize and empower such officers to act for the authority generally or any specific matter; I. To appoint and select officers, agents, and employees, including engineering, agricultural and construction experts, fiscal agents and attorneys and fix their compensation, and to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; J. To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the Authority, the cost of such project to be paid in whole or

Page 937

in part from the proceeds of the revenue bonds or certificates of the Authority, or, in whole or in part, from tax revenue; K. To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. L. 1937, p. 761; 1957, p. 36), as now amended or as may hereafter be amended, with reference to the issuance of revenue anticipation bonds in so far as such pertain to the corporate purposes of the Authority; L. To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds, anticipated tax or other revenue, or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; M. To use the rents, profits and proceeds from the projects erected, leased or sold, or any other funds or revenue to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the Authority; N. To do all things within its powers to encourage the industrial and agricultural development of Sumter County, and to encourage the location of new industries to said county; O. To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State. P. To do all things necessary and convenient to carry out the powers expressly given in this Act. Q. To receive and administer gifts, grants and donations and to administer trusts. Section 3. The Authority shall not be allowed to create in any manner any debt, liability or operation, against

Page 938

the City of Americus, the State of Georgia, now Sumter County. Debts. Section 4. The property, obligations and the interest or the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the City of Americus and Sumter County. Property. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of six years or longer under any lease or other agreement, for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. Section 5. 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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Constitution so as to create the Americus- Sumter Payroll Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to Constitution so as to create the Americus-Sumter Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith.

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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 same to the Governor who shall issue his proclamation thereon. BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 613-1158). A Resolution. Proposing an amendment to the Constitution so as to create the Banks County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Banks County to be known as the Banks County Industrial Building Authority, which shall be an instrumentality

Page 940

of Banks 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 Mayor of the City of Homer and the Chairman of the Banks County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Banks County shall appoint three members and shall be eligible 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. Members, etc. 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 Banks County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers (1) To receive and administer gifts, grants, and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire

Page 941

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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Banks County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Banks County, suitable for and intended for use as a factory, mill, shop, processing plant, including all necessary and appurtenant land and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public

Page 942

funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Banks County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensations. G. In order to finance any undertaking within the scope if its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at 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, Ga. Code Ann. Supp. Chapter 37-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Banks County to pay any such bonds or the interest

Page 943

thereon nor to enforce payment thereof against any property of Banks County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Banks County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Banks County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Banks County and reducing unemployment to the greatest extent possible, and this

Page 944

amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective late. N. 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 Banks County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Banks County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Banks County Industrial Building Authority.

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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. GRIFFIN INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 182 (House Resolution No. 615-1163). A Resolution. Proposing an amendment to the Constitution so as to create the Griffin Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in the City of Griffin to be known as the Griffin Industrial Building Authority, which shall be an instrumentality of the City of Griffin and a public corporation

Page 946

and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members. The Chairman of the Board of Commissioners of the City of Griffin, the Chairman of the Spalding County Board of Commissioners, and the Executive Director of the Chamber of Commerce shall be members of the Authority; and, in addition, the Board of Commissioners of the City of Griffin shall appoint three members and the Board of Commissioners of Roads and Revenues of Spalding County shall appoint one member. Initially the three members appointed by the Commissioners of the City of Griffin shall be appointed with staggered terms of one, two and three years; the member appointed by the Commissioners of Roads and Revenue shall have a term of four years. Thereafter the appointed members shall each be appointed for four year terms and shall be eligible for reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of the City of Griffin as to the three (3) members appointed by them, or by the Board of Commissioners of Roads and Revenues of Spalding County as to the member named by them. Four of the seven 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. Members, etc. 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 the City of Griffin. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures,

Page 947

and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or

Page 948

installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. (10) The Authority shall have no right of eminent domain or condemnation. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Spalding County or City of Griffin. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated

Page 949

or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Spalding County or the City of Griffin, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Spalding County or the City of Griffin. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Spalding County and in the City of Griffin. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts.

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K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Griffin, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Spalding County and the City of Griffin and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 the City of Griffin and the scope of its operations shall be limited to the territory embraced within Spalding County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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.

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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 create the Griffin Industrial Building Authority. Against ratification of amendment to the Constitution so as create the Griffin Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Spalding County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. MADISON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 183 (House Resolution No. 616-1163). A Resolution. Proposing an amendment to the Constitution so as to create the Madison County Industrial 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.

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Be it resolved by the General Assembly of Georgia: Section 1. Article V. Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Madison County to be known as the Madison County Industrial Development Authority, which shall be an instrumentality of Madison County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of ten members. The President of the Athens area Chamber of Commerce, and the Chairman of the Madison County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Madison County shall appoint two members who shall serve for a term of five years and who shall be eligible for re-appointment. In addition, there shall be one member from each of the six incorporated cities within the county, being Danielsville, Ila, Comer, Carlton, Colbert, and Hull, to be appointed by the governing authority of each city. 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. Members, etc. 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 Madison County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts;

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(2) To borrow money, to issue notes, bonds, and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Madison County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Madison County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in

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not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Madison County. Debts. (F). The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt

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of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Madison County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Madison County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Madison County. Same. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts.

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K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Madison County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Madison County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Madison County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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.

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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 create the Madison County Industrial Development Authority. Against ratification of amendment to the Constitution so as to create the Madison County Industrial 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 electors qualified to vote for members of the General Assembly voting thereon in Madison County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 184 (House Resolution No. 617-1165). A Resolution. Proposing an amendment to the Constitution so as to create the Fayette County Industrial Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission

Page 958

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 a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Fayette County, Georgia, to be known as the Fayette County Industrial Building Authority, which shall be an instrumentality of Fayette County and a public corporation and which in this amendment is hereby referred to as the Authority. Created. B. The Authority shall consist of three members, one a resident of the City of Fayetteville, one a resident of Peachtree City and one a resident of Fayette County at large, all of whom shall be appointed by the Board of Commissioners of Roads and Revenues for Fayette County. The original members shall be appointed for two, four and six year terms, such terms to be determined by lot. Subsequent terms shall be for six years. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualify and may be removed from office by the Board of Commissioners of Roads and Revenues only for misconduct or moving their residence from the county. Vacancies shall be filled for an unexpired term by the board of commissioners of roads and revenues. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. Members, etc. 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 Fayette County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers.

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(1) To receive and administer gifts, grants and donations to administer trusts; (2) To issue revenue anticipation certificates or bonds for the purpose of paying all or part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority. (3) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (4) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (5) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (6) To encourage and promote the expansion and development of industrial and commercial facilities in Fayette County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Fayette County suitable for and intended for use as a factory, mill, shop, processing plant, assembly

Page 960

plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (7) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (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 subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; and (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 Fayette County and nothing herein contained shall be construed to create a right to compel any exercise of taxing power of Fayette County to pay any indebtedness or the interest thereon of the Authority nor

Page 961

to enforce payment thereof against any property of Fayette County. Debts. F. The members of the Authority shall receive no compensation of their services to the Authority. Compensation. G. The Authority may authorize additional revenue anticipation certificates or bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Certificates or bonds so placed in escrow shall, when sold and delivered, have such standing with the certificates or bonds of the same issue as may be provided in the authorizing proceedings. Bonds. H. No obligations except refunding obligations shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the obligations are to be issued will increase employment in Fayette County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said County reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. I. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts. J. Should said Authority for any reason be dissolved title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Fayette County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. K. This amendment is adopted for the purpose of promoting

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and expanding the public good and welfare and industry and trade within Fayette County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. L. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) 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 Fayette County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds (2/3) 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 Fayette County Industrial Building Authority, Against ratification of amendment to the Constitution

Page 963

so as to create the Fayette County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Fayette County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. ELBERT COUNTYELECTION OF COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to Constitution. No. 185 (House Resolution No. 618-1165). A Resolution. Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Elbert County shall elect a County School Superintendent for Elbert 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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The Board of Education of Elbert County shall elect a County School Superintendent of Elbert County. The Superintendent shall serve as the pleasure of the Board and the County School Superintendent of Elbert County shall no longer be elected by the voters of Elbert County. However, this amendment shall not affect the term of any County School Superintendent elected by the people and serving at the time of the ratification of this amendment. He shall serve the remainder of his term and until his successor is elected by the Board of Education of Elbert County. In case of a vacancy in the office of the Superintendent of Schools of Elbert County by death, resignation, or any other cause, the Board of Education shall elect another person to complete the vacated term. The Board of Education of Elbert County shall fix the compensation of the Superintendent. The County School Superintendent of Elbert County as provided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment. 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 to provide that the Board of Education of Elbert County shall elect a County School Superintendent. Against ratification of amendment to the Constitution

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to provide that the Board of Education of Elbert County shall elect a County School Superintendent. 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. ELBERT COUNTYELECTION OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 186 (House Resolution No. 619-1165). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County by the people; to provide the 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 VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, particularly by an amendment applying to Elbert County, which was ratified at the general election

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in 1958, and which may be found in Georgia Laws 1958, p. 717, is hereby amended by adding at the end thereof the following: The amendment to this Paragraph applying to Elbert County, ratified at the general election in 1958 and found in Georgia Laws 1958, p. 717, is hereby repealed. The Board of Education of Elbert County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Elbert County is hereby divided into five Education Districts. (All directions are general directions from the City of Elberton.) Education District No. 1 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (southwest) and State Highway 17 (southeast). Education District No. 2 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (southeast) and State Highway 72 (east). Education District No. 3 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 72 (east) and State Highway 17 (north). Education District No. 4 shall be composed of that area outside the corporate limits of the City of Elberton between State Highway 17 (north) and State Highway 72 (southwest). Education District No. 5 shall be composed of that area within the corporate limits of the City of Elberton. One member from each of the five Education Districts shall be elected, and in order to be eligible to represent a district on the Board, a person must be a resident of said district. All members of the Board shall be elected by the voters of the entire County of Elbert. If a member removes his residence from the district which he represents, the remaining members of the Board shall immediately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter. The persons who were elected as members of the Board at the election in 1958, as provided for in the aforesaid

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amendment relating to the Elbert County Board of Education, ratified at the general election in 1958, shall hold office until January 1, 1965. The successors to such persons shall be elected at the general election to be held in 1964 for initial staggered terms as follows: The members from Education Districts Nos. 1, 2 and 3 shall take office for a term of two years and until their successors are elected and qualified. The persons who are elected from Education Districts Nos. 4 and 5 shall take office for a term of four years and until their successors are elected and qualified. Successors to these members shall be elected at the same time as members of the General Assembly from Elbert County are elected and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. All future successors shall likewise be elected at the same time as members of the General Assembly are elected from Elbert County and shall likewise take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, the remaining members of the Board shall appoint a successor to fill the vacancy for the unexpired term. The person appointed to fill the vacancy shall be a resident of the district in which the vacancy occurs. The Board, at its first meeting in January following the election of new members, shall elect a chairman, who shall serve for two years and until the next chairman is elected. Any person may succeed himself as chairman. The terms of the members of the Board of Education existing at the time of the ratification of this amendment shall expire at the end of the year 1964, and such Board shall stand abolished at that time. The removal of any member from the district that he represents shall disqualify the member and vacate his office and a successor shall be appointed as herein provided. The Board of Education of Elbert County, as provided

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for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county boards of education unless such provisions are in conflict with the provisions of this amendment. 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 provide for the election of members of the Board of Education of Elbert County and to provide staggered terms therefor. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County and to provide staggered terms therefor. 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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DOUGLAS COUNTYORDINANCES FOR POLICING COUNTY, ETC. Proposed Amendment to the Constitution. No. 187 (House Resolution No. 620-1165). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Douglas County by whatever name designated, created or called is hereby empowered and authorized for regulatory and revenue purposes, to levy, assess, and collect license fees and occupational taxes from and against any persons, firms or corporations, except those subject to regulation by the State Public Service Commission, who may maintain or engage in any business or businesses in any area of Douglas County outside of the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes the governing authority shall have the power and authority to classify businesses and to assess, levy and collect different license fees and occupational taxes from and against different classes of businesses, to enforce payment of license fees and occupational taxes by the issuance and levy of executions; to provide for public welfare, health and security of the people of Douglas County said governing authority shall have the power and authority to regulate and exercise

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police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission; for the purpose of protecting and preserving the health, safety, and public welfare of the citizens thereof, to adopt and enact ordinances or regulations for the governing and policing of said county, to regulate by ordinance the traffic on the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, to adopt rules and regulations to effectuate the powers herein granted, to enforce the payment of the license fees and occupational taxes, to adopt and enact ordinances for the policing and governing of all the duties and powers now or hereafter vested in the governing authority of Douglas County. The governing authority of Douglas County shall be further empowered and authorized to provide that a violation of any rule, regulation or ordinance made pursuant to the powers and authority herein authorized or the failure to pay any license fees or occupational taxes herein authorized shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. No further enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted, but the General Assembly hereafter may at any time by law modify, alter, restrict and limit the powers herein granted, and hereafter may at any time prescribe the manner and means by which the powers may be exercised by said governing authority. Business licenses, etc. 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:

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For ratification of amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties. Against ratification of amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate business, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties. 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. COBB COUNTYBOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 188 (House Resolution No. 621-1176). A Resolution. Proposing an amendment to the Constitution, so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board;

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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, is hereby amended by adding at the end thereof the following: The Board of Education of Cobb County shall be composed of seven (7) members to be elected as hereinafter provided. For the purpose of electing such members, Cobb County is hereby divided into seven (7) Education Districts to be composed of Militia Districts as follows: Education District No. 1 shall be composed of Smyrna Militia District. Districts. Education District No. 2 shall be composed of Coxes, Howells and Lemons Militia Districts. Education District No. 3 shall be composed of Austell, Macland, Oregon, Powder Springs, and Clarkdale Militia Districts. Education District No. 4 shall be composed of Acworth, Big Shanty, Lost Mountain and Red Rock Militia Districts. Education District No. 5 shall be composed of Elizabeth, Gritter, Merritts, and Post Oak Militia Districts. Education District No. 6 shall be composed of Fullers and Vinings Militia Districts. Education District No. 7 shall be composed of Fair Oaks Militia District and that portion of the Marietta Militia District lying outside the corporate limits of the City of Marietta. Any person in order to be eligible for membership on the Board to represent an education district must reside

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in the district which he represents. There shall be one member of the Board from each education district. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the Board, nor shall any such person be eligible to serve on the Board. Any person in order to be eligible to serve on the Board must be a freeholder, must be registered to vote for members of the General Assembly in Cobb County, and must have resided in the district from which he offers as a candidate for at least one year immediately preceding the date of the election. Members. At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest number of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year. Elections, etc. In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, it shall be the duty of the Ordinary to issue the call for a special election to fill such vacancy for the unexpired term in or for the district in which the vacancy occurs. He shall issue such call within ten (10) days after the vacancy occurs and shall set the date of such election for not less than twenty-five (25) nor more than thirty (30) days after the vacancy occurs. Candidates shall have fifteen

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(15) days in which to qualify for such election. In the event the vacancy occurs, however, in not less than thirty (30) nor more than ninety (90) days prior to the next General Election, the vacancy shall be filled at an election on the date of such General Election. Candidates shall have fifteen (15) days within which to qualify. The Ordinary may include the same on the General Election Ballot or may provide a separate special election ballot therefor. Vacancies. The Board shall appoint and employ a County School Superintendent for Cobb County who shall serve at the pleasure of the Board. Provided, that no contract of employment shall extend for more than six months beyond the end of the term of office of the members of the Board employing the Superintendent. No County School Superintendent for Cobb County shall be elected at the General Election in 1964, but the term of office of the School Superintendent whose term would ordinarily expire at the end of 1964 shall continue until such time as the Board appoints a Superintendent in 1965. The terms of the members of the Board of Education in effect at the time of the ratification of this amendment, as well as those subsequently appointed, shall expire December 31, 1964, and the Board of Education of Cobb County in effect at that time shall stand abolished. Superintendent. The Board of Education of Cobb County as provided for herein and the County School Superintendent as provided for herein, shall be subject to all constitutional provisions and all statutory provisions relative to county boards of education and county school superintendents, respectively, unless such provisions are in conflict with the provisions of this amendment. Intent. In the event this amendment is ratified at the General Election in 1962, an election shall be held on the second Saturday in October, 1963, for the purpose of determining whether the members of the Board of Education created herein shall be elected only by the voters of each respective District, or whether such members

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shall be elected by the voters of the entire county. In either event, no person residing within the limits of any independent school systems shall be eligible to vote. It shall be the duty of the Ordinary of Cobb County to cause the date and purpose of such election to be published once a week for four weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words No. 1For electing the members of the Board of Education of Cobb County only by the voters of each respective Education District. and No. 2For electing the members of the Board of Education of Cobb County by the voters of the entire county. The ballot shall be so marked that the voter shall be able to check the proposal for which he desires to vote. If a majority of the votes cast are for No. 1 each member of the Board of Education of Cobb County shall be elected only by the voters of the District. If a majority of the votes cast are for No. 2 all members of the Board of Education of Cobb County shall be elected by the voters of the entire county. The expenses of such election shall be borne by Cobb County. It shall be the duty of the Ordinary to hold and conduct such election. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. He shall enter the result of the election on his minutes and shall also certify the result thereof to the Secretary of State. First election, etc. 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 provide for the election of the members of the Board

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of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board. 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. CITY OF SMYRNAHOMESTEAD EXEMPTIONS. Proposed Amendment to the Constitution. No. 189 (House Resolution No. 622-1176). A Resolution. To propose to the qualified voters of the State of Georgia an Amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945, to provide that the General Assembly of Georgia may exempt from taxation in the City of Smyrna the homestead of each resident of the City of Smyrna actually occupied by the

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owner as a residence and homestead, not to exceed $2,000.00, provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years; to provide for the submission of this Amendment for ratification or rejection; 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 as follows: Section 1. That the Constitution of Georgia of 1945 be amended by adding to Article VII, Section I, Paragraph IV the following words: Provided however that the General Assembly of Georgia may by law exempt from taxation by the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption. Section 2. Be it further enacted by the authority aforesaid that when this Amendment shall have been agreed to by the requisite two-thirds of the members of each House, with the Ayes and Nays entered thereon it shall be published as required by law and submitted to the qualified voters of the State of Georgia and the City of Smyrna for ratification or rejection at the next general election at which Constitutional Amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the following words: For ratification of the Amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 to provide that the General Assembly may exempt

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from taxation in the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00, of each owner actually occupying said property as a residence and homestead provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption, and the words Against ratification of the Amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 to provide that the General Assembly may exempt from taxation in the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00, of each owner actually occupying said property as a residence and homestead provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption. Returns shall be made and results declared as required by law. If the said Amendment be adopted as required by law by the qualified voters to whom said Amendment is submitted as required by law, said Amendment shall become a part of Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945 and the Governor shall issue his proclamation thereof. TAXATION FOR SCHOOL LUNCH PURPOSES. Proposed Amendment to the Constitution. No. 190 (House Resolution No. 628-1182). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section II, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, so as to extend the power of taxation over the whole State

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exercised by the General Assembly to include a tax for school lunch purposes; to provide 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. Article VII, Section II, Paragraph I of the Constitution of Georgia of 1945, as amended, is hereby amended by adding at the end thereof a new subparagraph to read: Subparagraph 10. For school lunch purposes 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 extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes. Against ratification of amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes. 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. HALL COUNTYCONSTRUCTION, REPAIR, ETC. OF STREETS. Proposed Amendment to the Constitution. No. 191 (House Resolution No. 638-1196). A Resolution. Proposing to the qualified voters of Hall County an amendment to the Constitution so as to authorize the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 is amended by adding thereto the following: The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct, grade, pave, repave and repair roads and streets, curbs, gutters, and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court of said county, where the owners of such property; having

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at least 51% of the frontage abutting such proposed improvements, shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners; and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property; to issue revenue bonds for the purpose of paying the costs of the above, said bonds being repaid by the special assessment against abutting property owners. 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 and 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 authorizing the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court. Against ratification of amendment to the Constitution authorizing the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court. 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 election 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. DEKALB COUNTYJUNIOR COLLEGE. Proposed Amendment to the Constitution. No. 192 (House Resolution No. 639-1203). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishing, acquiring, constructing, improving, equipping, operating and administering a Junior College in the County of DeKalb; to prescribe the procedure connected therewith; to provide for the financing of such facilities; to repeal conflicting laws and constitutional provisions; to provide for submission of the amendment for ratification or rejection, and for other purposes. Be it resolved by the General Assembly of Georgia that notwithstanding any other provisions of this Constitution to the contrary notwithstanding, the Constitution is amended in the following particulars: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof, the following: The Board of Education of DeKalb County is hereby authorized to establish, acquire, construct, maintain, operate, improve and administer a Junior College in said county. In order to accomplish the foregoing, said Board

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of Education is hereby authorized to acquire lands, rights-of-way, and all other adjuncts useful or convenient in connection with said Junior College, and to issue general obligation bonds in an amount not to exceed one-half of one per cent. of the gross tax digest of the DeKalb County School District, for the purpose of capital outlay expenses and to recommend to the governing authorities of said county the levy of a tax in a sufficient amount to pay the principal and interest on the bonds which may be issued hereunder. Said Board of Education is hereby given full authority to administer the aggregate amount of bonds to be issued, the maturity dates not to exceed thirty years from date of issue, the date of issuance, and all other details incident to the issuance and sale of said bonds. Such bonds may be issued after submitting the question of issuance to the voters of said county and the approval of such issuance by a majority of the qualified voters of said county voting on such question. Authority to establish, taxes. Section 2. In the event such bonds are issued, or in the event such Junior College is established by other means, said Board of Education is hereby given full authority to recommend to the governing authority of said county the levy of a tax of not more than one mill on the net tax digest of said County School District for partially defraying operating costs, and the governing authority of said County shall make such levy in accordance with Article 8, Section 12, paragraph 1 of the Constitution of this State. (Code Section 2-7501.) Said Board shall collect from each pupil, who is a bona fide resident of the DeKalb School District, tuition which shall amount to at least one-half of the per pupil annual costs of operation to supplement said tax levy. Said Board shall collect from each pupil who is a non-resident of the DeKalb School District a tuition which shall amount to the annual per pupil operating and maintenance costs. Nothing herein shall prevent the granting of scholarships financed from sources other than local tax sources in lieu of all or part of tuition. Support, tuition, etc. Section 3. The provision made herein for general obligation

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bonds shall be over and above the present seven per cent. limit placed on School District Bonds for grades one through twelve in said School District. Bond limit, tax limit. The provisions made herein for the levy of taxes for operational purposes shall be over and above the millage levy for grades one through twelve in said School District. Section 4. 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 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 13, Section 1, Paragraph 1 of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. 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 provide for the establishing, financing and operating a Junior College in DeKalb County and to provide the procedure connected therewith. Against ratification of amendment to the Constitution so as to provide for the establishing, financing, and operating a Junior College in DeKalb County and to provide the procedure connected therewith. 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 the ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of

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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 it shall be the duty of the Secretary of the State to ascertain the results and certify the results to the Governor who shall issue his Proclamation thereon. GREENE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 193 (House Resolution No. 655-1231). A Resolution. Proposing an amendment to the Constitution so as to create the Greene County Development Authority; 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 V, Section IX, of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Greene 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 Greene County. The County of Greene may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms, and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, power, and authority as shall be prescribed by law and the General Assembly may pass

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all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. Property. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Greene County. Same. Said Authority is created for the purpose of developing, promoting, and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 and the County of Greene. The Authority is created for non-profit 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. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Sales and leases.

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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 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 Greene County Development Authority. Against ratification of amendment to the Constitution so as to create the Greene 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 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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GORDON COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. No. 194 (House Resolution No. 658-1242). A Resolution. Proposing to the qualified voters of Gordon County an amendment to Article VII, Section VII, Paragraph V, of the Constitution of Georgia of 1945, so as to authorize Gordon 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 Gordon 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, and to provide funds for the construction, maintenance and operation of any electrical system in Gordon County. 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. Purpose of bonds, etc.

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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 time 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 the Article VII, Section VII, Paragraph V, of the Constitution authorizing Gordon 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 Gordon 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. GORDON COUNTYTAX TO ENCOURAGE INDUSTRY. Proposed Amendment to the Constitution. No. 195 (House Resolution No. 659-1242). A Resolution. Proposing an amendment to the Constitution so as to authorize Gordon County to levy a tax not exceeding one mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in said county; to provide that such fund may be used to purchase land and erect buildings or other facilities to be rented or leased to industries; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Gordon County is hereby authorized to levy a tax, in

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addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Gordon County. Such fund may be used to pay traveling, advertising, promotional expenses, and any and all expenses necessary to encourage the location of industries in said county, and to purchase land and erect buildings or other facilities to be rented or leased to industries. Section 2. When the above proposed amendment to the Constitution shall have 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 authorize Gordon 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 Gordon County. Against ratification of amendment to the Constitution so as to authorize Gordon 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 Gordon 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.

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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. ROCKDALE COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 196 (House Resolution No. 663-1275). A Resolution. Proposing an amendment to the Constitution so as to create the Rockdale County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Rockdale County to be known as the Rockdale County Industrial Building Authority, which shall be an instrumentality of Rockdale 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 Rockdale County Chamber of Commerce,

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the Mayor of the City of Conyers, and the Commissioner of Roads and Revenue of Rockdale County shall be ex-officio members of the Authority. In addition the ex-officio members of the Authority shall appoint two members who shall be eligible for a term of five years and shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said ex-officio members. 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. Members. 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 Rockdale County. Property. D. The powers of the Authority shall include, but not be limited to the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority;

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(5) To encourage and promote the expansion and development of industrial and commercial facilities in Rockdale County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Rockdale County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

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E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Rockdale County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Rockdale County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Rockdale County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same.

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I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: 1. The undertaking for which the bonds are to be issued will increase employment in Rockdale County. Same. 2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Rockdale County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Rockdale County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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

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same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Rockdale County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Rockdale Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Rockdale Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Rockdale County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon.

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DEKALB COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 197 (House Resolution No. 669-1281). A Resolution. Proposing a Constitutional Amendment to clarify a Constitutional Amendment adopted pursuant to resolution proposed by Ga. L. 1947, p. 1754, so as to provide that the General Assembly may prescribe the number of members of the DeKalb County Board of Education and the method of electing said members and for other purposes. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of same: Section 1. That in order to clarify the Constitutional Amendment (Ga. L. 1947, p. 1754) prescribing the method of creating and establishing school districts in DeKalb County from which the members of the Board of Education of DeKalb County shall be elected, the Constitution of the State of Georgia is further hereby amended by adding to the end of the Constitutional Amendment adopted pursuant to resolution appearing in Ga. L. 1947, p. 1754, the following: The General Assembly may prescribe the number of members constituting the Board of Education of DeKalb County and define their duties. Each member of said Board may be elected by the qualified voters only in the district in which he resides or by the qualified voters in all districts in such manner and procedure as may be authorized by the General Assembly. Members, election, etc. Section 2. When this resolution shall have been agreed to by two-thirds ([frac23]) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and

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nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words For ratification of amendment clarifying the election of the members of the School Board of DeKalb County. Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words Against ratification of amendment clarifying the election of the members of the School Board of DeKalb County. Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by laws, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. MUSCOGEE COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. No. 198 (House Resolution No. 537-1034). A Resolution. Proposing to the qualified voters of Muscogee County an amendment to the Constitution, so as to authorize Muscogee County to issue certain revenue anticipation obligations known as revenue bonds for the purposes therein stated; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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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 of Paragraph V the following: Provided, further, that revenue anticipation obligations herein called revenue bonds may be issued by Muscogee County herein called the issuer, to provide funds for the purchase, construction, enlargement, or either, of facilities, including land, building, 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 revenue of such undertaking shall have been paid in full. Purpose, etc. 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 the 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,

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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 Muscogee 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 Muscogee County to issue 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 members of

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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. CITY OF ATLANTAREVENUE BONDS. Proposed Amendment to the Constitution. No. 199 (House Resolution No. 363-763). A Resolution. Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates. Be it resolved by the General Assembly of the State of Georgia as follows: Section 1. That Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, as heretofore amended by an amendment proposed by a resolution found in Ga. L. 1947, p. 664, ratified in the general election of 1948 and amended further by an amendment proposed by a resolution found in Ga. L. 1956, p. 257, ratified in the general election of 1956, is hereby amended by striking the aforesaid amendments found in Ga. L. 1947, p. 664, and in Ga. L. 1956, p. 257, and substituting in lieu thereof a new paragraph in the following words, to wit: And, except that the City of Atlanta for the purpose of (a) improving, repairing, constructing and reconstructing, making additions, extensions, alterations, or improvements in its water works system, and acquiring the necessary property therefor; and (b) improving, repairing, purchasing, installing and constructing incinerators or

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crematories for the disposal of garbage, refuse and waste, by its sanitary department, and acquiring the necessary property therefor, either or both, may, from time to time, issue interest bearing revenue certificates to be paid solely out of the revenues derived from water or sanitary service charges respectively, and to provide for the payment of said revenue certificates by setting aside in special funds to be known as Water Works Department Revenue Fund and Sanitary Department Revenue Fund, a sufficient sum, not to exceed forty (40%) per centum of the annual charges, fees and taxes received from the water and sanitary service charges respectively, to retire the certificates. Said percentages shall be based upon the total annual receipts from each of said services for the year previous to the issue. Said sertificates may be issued in one or more series, bearing such date or dates, maturing at such time or times not exceeding twenty (20) years from their respective dates; with interest at such rate or rates, not exceeding five (5%) per centum per annum, payable at such time or times, and in such medium of payment at such place or places, and in such denomination or denominations and form, either coupon or registered, and may carry such registration, conversion and exchangeability privileges, and may be subject to such terms of redemption with or without premium, and to become due before the maturity date thereof, and be executed in such manner and contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such certificates may proivde. Said certificates shall not be sold for less than par value. Said certificates shall be negotiable for all purposes and shall be non-taxable for any and all purposes. They shall be issued when authorized by a majority vote of the mayor and board of aldermen, and signed by the mayor and comptroller of the City of Atlanta, and validated pursuant to the existing laws for validation of bonds and when so validated thereunder shall be forever incontestable and conclusive. Before issuing any such revenue certificates the mayor and board of aldermen shall provide by resolution for the allocation of a percentage of the anticipated receipts necessary to

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pay said certificates as they mature from the particular service from which the certificates are to be paid for the year in which they mature, and as said funds are received they shall be deposited in said special funds, without deduction, for the benefit of any other department or fund of the City of Atlanta and used solely for payment of the principal and interest of said certificates. Said revenue certificates shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the City of Atlanta be subject to any pecuniary liability thereon, nor shall any such certificates constitute a charge, lien or incumbrance upon any of its property. The obligation created by said certificates shall not be construed as a debt within the restriction as to debt limit of this paragraph. Section 2. Be it further resolved by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with Ayes and Nays thereon, and published as required by Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people, as provided in said article, section and paragraph, for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon,

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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 I of the Constitution of the State of Georgia of 1945, and the Governor shall make a proclamation therefor, as provided by law. REVENUE BONDS FOR SLUM CLEARANCE AND REDEVELOPMENT. Proposed Amendment to the Constitution. No. 200 (House Resolution No. 364-763). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia to authorize any county, municipal corporation or political subdivision of the State to issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses, and to provide that the issuing body may pledge to the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved

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in any slum clearance or redevelopment work, including work heretofore or hereafter done, together with any or all other revenues from any such work and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith such issuing body may pledge the full faith and credit of such issuer to make up any deficit and the issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution as now or hereafter amended; and provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and the interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work; to provide for the submission of this amendment for ratification; and for other purposes Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, that: Section 1. Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as heretofore amended, is hereby further amended by adding thereto the following proviso: Provided that any county, municipal corporation or political subdivision of the State shall be authorized to

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issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia approved March 31, 1937, known as the Revenue Bond Law of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation on indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such

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taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work. Section 2. When this resolution shall have been agreed to by two-thirds ([frac23]) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words For ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as amended, authorizing any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work and to pledge certain taxes for that purpose. Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as amended, authorizing any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work and to pledge certain taxes for that purpose. Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of

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the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. PAYMENT FOR FIRST COMMERCIAL OIL WELL. Proposed Amendment to the Constitution. No. 201 (House Resolution No. 424-891). A Resolution. Proposing an amendment to the Constitution so as to increase and change the provisions relating to the authorized payment for the bringing in of the first commercial oil or gas well in this State; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by striking said paragraph in its entirety and inserting in lieu thereof a new Paragraph II to read as follows: The General Assembly shall not by vote, resolution, or order, grant any donation or gratuity in favor of any person, corporation or association. The General Assembly is authorized to provide by law for the payment of five hundred thousand dollars ($500,000) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil or gas well in this State. Such well must be a commercial producing well for a period of 30 days and the determination as to whether a well qualified is hereby vested in the Director

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of the State Department of Mines, Mining and Geology, who shall seek the advice of experts on this subject. Such law shall provide for the distribution of said amount in any manner which the General Assembly may provide. 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 increase and change the provisions relating to the payment authorized for bringing in the first commercial oil well. Against ratification of amendment to the Constitution so as to increase and change the provisions relating to the payment authorized for bringing in the first commercial oil well. 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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FITZGERALD AND BEN HILL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 202 (House Resolution No. 404-831). A Resolution. Proposing an amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Fitzgerald and Ben Hill 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 the City of Fitzgerald and the County of Ben Hill. The city and county may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. Neither the city nor the county is authorized to levy a tax for the purposes of the authority herein created. Support. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc.

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All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the City of Fitzgerald and the County of Ben Hill. 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 ([frac23]) 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 Fitzgerald and Ben Hill County Development Authority. Against ratification of amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Authority. All persons desiring to vote in favor of adopting the

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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 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. ELECTIONSWRITE-IN CANDIDATES. Proposed Amendment to the Constitution. No. 203 (House Resolution No. 420-875). A Resolution. Proposing an amendment to the Constitution, so as to disqualify a write-in vote candidate unless he announced his intention or candidacy ten (10) or more days prior to the election; to provide the method of announcing his candidacy; to authorize the General Assembly to enact other regulations pertaining to holding public office; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article II, Section IV, of the Constitution, relating to persons disqualified to hold office is hereby amended by adding a new paragraph at the end thereof, to read: No person elected on a write-in vote shall be eligible to hold office unless notice of his intention or candidacy

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was given ten (10) or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the Ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. 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 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 disqualify write-in candidates unless they have given notice of candidacy ten (10) days prior to election and to authorize the General Assembly to enact other regulations. Against ratification of amendment to the Constitution so as to disqualify write-in candidates unless they have given notice of candidacy ten (10) days prior to election, and to authorize the General Assembly to enact other regulations. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

Page 1015

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. DONALSONVILLE AND SEMINOLE COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 204 (House Resolution No. 428-907). A Resolution. Proposing an amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Seminole County to be known as the Donalsonville and Seminole County Industrial Building Authority, which shall be an instrumentality of Seminole County and the City of Donalsonville, and a public corporation and

Page 1016

which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members. The President of the Chamber of Commerce of Donalsonville and Seminole County, the Mayor of the City of Donalsonville, and the Chairman of the Seminole County Board of Commissioners shall be ex-officio members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Seminole County and the Mayor and Council of the City of Donalsonville each shall appoint two members who shall be eligible 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 and the Mayor and Council of the City of Donalsonville as applicable. 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. Members, etc. 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 Seminole County or the City of Donalsonville. Property. D. The powers of the Authority shall include, but not to limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

Page 1017

(4) 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Seminole County and in the City of Donalsonville so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Seminole County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking.

Page 1018

(7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 matter any debt, liability or obligation against the State of Georgia or Seminole County or the City of Donalsonville. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued.

Page 1019

Nothing herein contained shall be construed to create a right to compel any exercise of taxing power of Seminole County or the City of Donalsonville, to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Seminole County or the City of Donalsonville. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Seminole County or in the City of Donalsonville. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority, at the time of such dissolution shall revert to Seminole County and the City of Donalsonville subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property.

Page 1020

L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Seminole County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Seminole County and the City of Donalsonville and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([frac23]) 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 Donalsonville and Seminole County Industrial Building Authority.

Page 1021

Against ratification of amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Seminole County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. CARTERSVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 205 (House Resolution No. 423-888). A Resolution. Proposing an amendment to the Constitution so as to create the Cartersville Development Authority; 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:

Page 1022

A. There is hereby created a body corporate and politic in the City of Cartersville in Bartow County to be known as the Cartersville Development Authority, which shall be an instrumentality of the City of Cartersville 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 who [Illegible Text] serve for a term of five years and who shall be eligible for re-appointment. The members shall be appointed by the Mayor and Council of the City of Cartersville. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A mapority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chaiman from year to year. No vacancy shall impair the power of the Authority to act. Members, etc. 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 the City of Cartersville, Georgia; Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the

Page 1023

State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in the City of Cartersville and within a radius of 5 miles as measured from the center of said city so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the

Page 1024

Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 and debt, liability or obligation against the State of Georgia, Bartow County, or City of Cartersville. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced

Page 1025

sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of either Bartow County or the City of Cartersville to pay any of the said obligations of said authority. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated. Same. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said territorial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Cartersville subject to any mortgages, liens, leases or other encumbrances

Page 1026

outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in the City of Cartersville and its vicinity and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 the City of Cartersville and the scope of its operations shall be limited to the territory embraced within said city and within a radius of 5 miles as measured from the center of said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([frac23]) 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 Nay 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 Cartersville Development Authority.

Page 1027

Against ratification of amendment to the Constitution so as to create the Cartersville 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 electors qualified to vote for members of the General Assembly voting thereon in the City of Cartersville shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. BARROW COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 206 (House Resolution No. 451-918). A Resolution. Proposing an amendment to the Constitution so as to create the Barrow County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows:

Page 1028

A. There is hereby created a body corporate and politic in Barrow County, to be known as the Barrow County Industrial Building Authority, which shall be an instrumentality of Barrow 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 Winder-Barrow Chamber of Commerce, the Mayor of the City of Winder, and the Chairman of the Barrow County Board of Commissioners of Roads and Revenues shall be ex-officio members of the Authority. In addition, the Board of Commissioners of Roads and Revenues of Barrow County shall appoint two members who shall serve for a term of five years and who shall be eligible for reappointment. 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. Members, etc. 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 Barrow County. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

Page 1029

(4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Barrow County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Barrow County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) To accumulate its funds from year to year and

Page 1030

to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Barrow County; Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the

Page 1031

taxing power of Barrow County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Barrow County; Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Barrow County. Same. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or purchasr elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Barrow County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare

Page 1032

industry and trade within Barrow County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 Barrow County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([frac23]) 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 Barrow County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Barrow County Industrial Authority.

Page 1033

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 electors qualified to vote for members of the General Assembly voting thereon in Barrow County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, he shall, if such amendment be ratified, issue his proclamation thereon. PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 207 (House Resolution No. 454-918). A Resolution. Proposing an amendment to the Constitution so as to create the Peachtree City Industrial Building 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

Page 1034

politic in Peachtree City, Fayette County, Georgia, to be known as the Peachtree City Industrial Building Authority, which shall be an instrumentality of Peachtree City and a public corporation and which in this amendment is hereby referred to as the `Authority'; Created. B. The Authority shall consist of three members, all of whom shall be residents of Peachtree City and all of whom shall be appointed by the Council of Peachtree City. The original members shall be appointed for two, four and six year terms, such terms to be determined by lot. Subsequent terms shall be for six years. Members shall be eligible for reappointment. Members shall serve until their successors are duly appointed and qualify and may be removed from office by the Council of Peachtree City only for misconduct or moving their residence from Peachtree City. Vacancies shall be filled for an unexpired term by the Council of Peachtree City. No vacancy shall impair the power of the Authority to act. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. Members, etc. 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 Peachtree City. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar

Page 1035

as such pertain to the corporate purposes of the Authority. (3) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (4) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (5) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (6) To encourage and promote the expansion and development of industrial and commercial facilities in Peachtree City so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Peachtree City suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (7) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or

Page 1036

more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (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 subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; and (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, Fayette County or Peachtree City and nothing herein contained shall be construed to create a right to compel any exercise of taxing power of Peachtree City to pay any indebtedness or the interest thereon of the Authority nor to enforce payment thereof against any property of Peachtree City. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. The Authority may authorize additional revenue bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Certificates

Page 1037

or bonds so placed in escrow shall, when sold and delivered, have such standing with the certificates or bonds of the same issue as may be provided in the authorizing proceedings. Bonds. H. No obligations except refunding obligations shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the obligations are to be issued will increase employment in Peachtree City. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said City reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. Same. I. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts. J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shal revert to Peachtree City, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. K. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within Peachtree City and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. L. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date.

Page 1038

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 Peachtree City and the scope of its operations shall be limited to the territory embraced within said City. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([frac23]) 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 Aricle 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 Peachtree City Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Peachtree City Industrial Building 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 elections

Page 1039

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. REPAYMENT OF SCHOLARSHIPS AND LOANS TO MEDICAL STUDENTS. Proposed Amendment to the Constitution. No. 208 (House Resolution No. 461-922). A Resolution. Proposing an amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service in any prison or detention or work camp operated under the jurisdiction of the State Board of Corrections; 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 II of the Constitution, as amended by an amendment ratified at the general election in 1952 and found in Ga. L. 1951, p. 861, and as amended by an amendment ratified at the general election in 1960 and found in Ga. L. 1960, p. 1300, is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1960 amendment the following: One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to 1950 or any future census, or at Milledgeville State Hospital, and no annual interest on the scholarship loan shall be paid during such practice or service.,

Page 1040

and inserting in lieu thereof the following: One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population, or less, according to 1950 or any future census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service., Repayment. so that when so amended said eighth paragraph of Paragraph II shall read as follows: Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the board. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be

Page 1041

rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to 1950 or any future census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. After the third full year of practice or services within this State as herein provided, but not before the said applicant shall be privileged, entirely at the discretion of the board heretofore created to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship. 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 provide for repayment of medical loans and scholarships by service at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections. Against ratification of amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections.

Page 1042

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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. HALL COUNTYCONSTRUCTION AND REPAIR OF SANITARY SEWERS. Proposed Amendment to the Constitution. No. 209 (House Resolution No. 463-922). A Resolution. Proposing to the qualified voters of Hall County an amendment to the Constitution of the State of Georgia to provide that the General Assembly may grant to the governing authority of Hall County, Georgia, the right to construct and repair sanitary sewers within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting

Page 1043

property; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 is amended by adding thereto the following: The General Assembly may grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to construct and repair sanitary sewers within any unincorporated areas of said county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto; to assess the costs of such improvements pro rata against the abutting property owners, and to issue and enforce executions for the collection of such assessments, thereby creating liens against the abutting property. 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 and 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 authorizing the governing authority of Hall County, Georgia. Against ratification of amendment to the Constitution authorizing the governing authority of Hall County, Georgia. All persons desiring to vote in favor of adopting the

Page 1044

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 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. HALL COUNTYORDINANCES FOR POLICING COUNTY. Proposed Amendment to the Constitution. No. 210 (House Resolution No. 464-922). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Board of Commissioners of Roads and Revenues of Hall 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 said board; to provide penalties for violation of such ordinances; 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 XI, Section I, Paragraph I of the Constitution of the State of Georgia of 1945 is amended by adding a new paparagraph which shall read as follows:

Page 1045

The General Assembly of the State of Georgia is hereby authorized: `1. To empower the Board of Commissioners of Roads and Revenues of Hall 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, of regulating the traffic on the streets, roads and highways 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 said Board as the governing authority of Hall County, Georgia, and to provide penalties for violations of such ordinances. `2. In the event any phrase, clause, paragraph, or portion thereof of this amendment shall be adjudged invalid for any reason whatsoever, such adjudication shall in no manner affect the other phrases, clauses, paragraphs or portions of this amendment, which shall remain of full force and effect, as if the phrase, clause, paragraph or portion thereof so adjudged invalid was not originally a part hereof.' 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 to provide for the adoption of ordinances for policing of Hall County and enforcement of County ordinances.

Page 1046

Against ratification of amendment to the Constitution to provide for the adoption of ordinances for policing of Hall 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 result to the Governor, who shall issue his proclamation thereon. WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 211 (House Resolution No. 474-942). A Resolution. Proposing an amendment to the Constitution, so as to create a body corporate and politic to be known as the White County Industrial Building 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 V, Section IX, Paragraph I of the Constitution, is hereby amended by adding at the end thereof new paragraphs which shall read as follows:

Page 1047

There is hereby created a body corporate and politic in Cleveland, Georgia, to be known as the White County Industrial Building Authority, which shall be an instrumentality of Cleveland, Georgia and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. The Authority shall consist of five members. The President of the White County Redevelopment Corporation, the Mayor of the Cleveland City Council, and the Chairman of the White County Board of Education shall be ex-officio members of the Authority. In addition the Chairman of Commissioners of Roads and Revenues of White County shall appoint two members and they shall be eligible for a term of five years and shall be eligible for reappointment. Vacancies shall be filled for the unexpired term by the said Chairman of 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. Members, etc. 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 Cleveland, Georgia. Property. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name;

Page 1048

(4) To have and exercise usual powers of private corporation, 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; (5) To encourage and promote the expansion and development of industrial and commercial facilities in White County and the City of Cleveland, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of White County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structure, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) To accumulate its funds from year to year and to

Page 1049

invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or White County, or the City of Cleveland, Georgia. The members of the Authority shall receive no compensation for their services to the Authority. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Georgia Code 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise

Page 1050

of the taxing power of White County or the City of Cleveland to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of White County or the City of Cleveland. Bonds. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. No bonds, except refunding bonds, shall be issued hereunder, unless the Authority shall have found and declared that: 1. The undertaking for which the bonds are to be issued will increase employment in White County and in the vicinity of the City of Cleveland. 2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county or in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution should revert to the City of Cleveland, Georgia, subject to any mortgages, liens, leases, or other encumbrances outstanding against, or in respect to, said property at that time. Title to property.

Page 1051

This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within White County and in the vicinity of the City of Cleveland and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. 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 (30) days after such proclamation. Effective date. 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 White County and the City of Cleveland, Georgia, and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the `White County Industrial Building Authority'.

Page 1052

Against ratification of amendment to the Constitution so as to create the `White County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in White County shall vote for ratification thereof, this amendment 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 it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. COFFEE COUNTYBOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 212 (House Resolution No. 478-946). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people; 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, is hereby amended by adding at the end thereof the following:

Page 1053

The members of the Board of Education of Coffee County shall be elected by the people in lieu of being appointed by the Grand Jury. For the purpose of such election, Coffee County is hereby divided into six Education Districts: Election. Education District No. 1 shall be composed of that territory embraced within the corporate limits of the City of Douglas. Districts. Education District No. 2 shall be composed of all that portion of the Douglas Militia District lying outside the corporate limits of the City of Douglas. Education District No. 3 shall be composed of that territory embraced within the territorial limits of West Green Militia District. Education District No. 4 shall be composed of that territory embraced within the territorial limits of Broxton Militia District. Education District No. 5 shall be composed of that territory embraced within the territorial limits of Nicholls Militia District. Education District No. 6 shall be composed of that territory embraced within the territorial limits of Ambrose and Bridgetown Militia Districts. The Board of Education of Coffee County shall be composed of seven members as follows: Two members of the Board shall be residents of Education District No. 1; the remaining five shall consist of a resident of each of the other five Education Districts. Said members shall be elected by the voters of Coffee County. Members. In the event this amendment is ratified it shall be the duty of the Ordinary of Coffee County to issue the call for an election for the purpose of electing the first members of the Board as provided hereinbefore. Such call shall be issued at least ten days prior to the date of the

Page 1054

election and the Ordinary shall set the date of such election for either December 17, 18, 19, 20, or 21, 1962. It shall be the duty of the Ordinary to publish the date and the purpose of such election at least once preceding the date thereof in the official organ of Coffee County. The two candidates from Education District No. 1 receiving the highest number of votes shall be the members of the Board from that District. The candidate from each of the other Districts receiving the highest number of votes shall be the member from such District. The persons elected at such election shall take office January 1, 1963. The members from Education Districts 1 and 2 shall serve for a term of two years and until their successors are elected and qualified. The members from Education Districts 3, 4, 5, and 6 shall serve for a term of four years and until their successors are elected and qualified. Thereafter, elections shall be held every two years at the same time as elections for members of the General Assembly are held, and the members elected shall take office on the 1st day of January immediately following such election for terms of four years and until their successors are elected and qualified. In the event a vacancy occurs on the Board, the other members of the Board shall appoint a person from the Education District in which the vacancy occurs to serve the unexpired term. In the event a member moves his residence from the Education District which he represents, his position on the Board shall immediately become vacant and the vacancy shall be filled in the same manner as provided for filling other vacancies. First election, etc. Vacancies. The terms of the members of the Board of Education serving at the time of the ratification of this amendment shall terminate at the end of December 31, 1962, and the Board of Education of Coffee County in effect at that time shall stand abolished. The Board created hereunder shall be the successor to such abolished Board and be vested with the rights, powers, duties and authority possessed by such other Board. All Constitutional provisions and all Statutory provisions relating to county boards of education shall be applicable to the Board of Education

Page 1055

of Coffee County created hereunder, unless such provisions are in conflict with the provisions of this amendment. Terms of present Board. 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 provide for the election of the Board of Education of Coffee County by the people. Against ratification of amendment to the Constitution so as to provide for the election of the Board of Education of Coffee 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.

Page 1056

GILMER COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 213 (House Resolution No. 482-957). A Resolution. Proposing an amendment to the Constitution so as to create the Gilmer County Development Authority; to provide for powers, authority, funds, purpose 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 Gilmer County to be known as the Gilmer County Development Authority, which shall be an instrumentality of Gilmer County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be elected by the governing authority of Gilmer County, three of whom shall reside within the city limits of Ellijay, Georgia, one within the city limits of East Ellijay, Georgia, and three at large from the area of Gilmer County outside the limits of Ellijay and East Ellijay. The first members shall be appointed as follows: two for terms of one year, two for terms of two years, and one for a term of three years, one for a term of four years, and one for a term of five years; and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the said governing authority.

Page 1057

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. No member shall be a member of the governing authority of Gilmer County, but there shall be no other disqualification to hold public office by reason of membership in the Authority; Members, etc. 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 Gilmer County. Property tax exemption, etc. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority; D. The powers of the Authority shall include but not be limited to, the power: (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 Gilmer County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate

Page 1058

any industrial plant or establishment within Gilmer County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To contract with Gilmer County and other political subdivisions of the State of Georgia 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 corporation 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; (7) To encourage and promote the expansion and development of industry, agriculture, trade, boating, recreation, and commerce and the facilities therefor in Gilmer County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Gilmer County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery, and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building

Page 1059

and the remodeling, renovating, reconstructing, furnishing and equipping of such building. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (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 subdivisions may be invested; (9) To designate officers 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 Gilmer 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 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; Actions.

Page 1060

G. The members of the Authority shall receive no compensation for their services of the Authority; Compensation. H. The Authority, with the consent of the governing authority of Gilmer County and to carry out purpose of this amendment, is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the governing authority is authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said governing authority is authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; Bonds. I. The governing authority is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law; Support from taxes.

Page 1061

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 Gilmer County and its citizens, industry, agriculture, boating, recreation, and trade within the County of Gilmer, and making long-range plans for such development and expansion and to authorize the use of public funds of Gilmer County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Purposes. 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 Gilmer County, and the scope of its operations shall be limited to the territory embraced within Gilmer County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Gilmer County. General Assembly. N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Gilmer County or the State. Debt limitation. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of

Page 1062

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. Such proposed amendment shall be submitted as provided in said Paragraph. 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 Gilmer County Development Authority, and to provide for powers, authority, funds, purposes and procedure connected therewith. Against ratification of amendment to the Constitution so as to create the Gilmer County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith. 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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HALL COUNTYSTORM SEWERS, ETC. Proposed Amendment to the Constitution. No. 214 (House Resolution No. 483-957). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of Hall County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating storm sewers, and a system of garbage collection within said county; to levy taxes and/or assessments or service charges for construction, maintenance and operation of same without exemptions and without regard to uniformity; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945 is amended by adding a new paragraph thereto which shall read as follows: The Board of Commissioners of Roads and Revenues of Hall County, Georgia, as the governing authority of said county, is hereby authorized and empowered to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Hall County, storm sewers for the removal and disposal of surface waters and streams, and a system of garbage collection; or for any of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commissioners shall be further authorized to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemption for the aforesaid purposes, or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said Board of Commissioners shall deem

Page 1064

necessary for the services rendered, which service charges need not be uniform for all businesses and residents served by said facilities, but shall be equitable and bear a reasonable relation to the relative benefit derived from said facilities by each such business and resident. The same shall be collected by the tax collectors of said county and may be enforced by the issuance of fi fas or execution for said charges in the same lien dignity and priority as fi fas or executions are issued for State and County taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. 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 and 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 provide for the establishment, maintenance and operation of storm sewer, and garbage collection districts within Hall County. Against ratification of amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, and garbage collection districts within Hall 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

Page 1065

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 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. GLASCOCK COUNTYREVENUE BONDS. Proposed Amendment to the Constitution. No. 215 (House Resolution No. 488-961). A Resolution. Proposing an amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated; 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, relating to revenue anticipation obligations, is hereby amended by adding at the end thereof the following: Provided further, that revenue bonds may be issued by Glascock 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 products 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

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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. Purposes. The revenue bonds shall be payable, as to principal and interest, from revenue received from such undertaking, but shall be deemed debts of, and create debts against the issuer within the meaning of this Constitution; and the issuer shall exercise the power of taxation for the purpose of paying the principal or interest of the revenue bonds or any part thereof, by levying a tax on all taxable property therein not to exceed five (5) mills. 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 obligation 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. Repayment. 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 authorize Glascock County to issue revenue bonds for the purposes therein stated.

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Against ratification of amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated. 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. ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 216 (House Resolution No. 491-965). A Resolution. Proposing an amendment to the Constitution to create the Rome-Floyd County Development Authority; to provide for powers, authorities, funds, purposes and procedures connected therewith; to authorize such Authority to issue revenue anticipation obligations; 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 of the State of Georgia is hereby amended by adding at the end thereof the following:

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A. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, the Rome-Floyd County Development Authority, hereinafter created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing new industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Floyd County, Georgia, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare. Bonds. B. In furtherance of the purposes for which such issuance of revenue anticipation obligations is authorized there is hereby created a body corporate and politic to be known as the `Rome-Floyd County Development Authority', which shall be deemed to be a creature of the State of Georgia, an instrumentality of the County of Floyd, and a public corporation. The name of said Authority may be changed from time to time by an Act of the General Assembly. The said Authority is created for the purpose of assisting, promoting, establishing ad developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of Floyd County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said County and its citizens. The scope and jurisdiction of the Authority is restricted to the territorial limits of Floyd County, Georgia. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission

Page 1069

of the State of Georgia, or other governmental agencies. Created. C. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Floyd, the City of Rome, and the City of Cave Spring are by law authorized to undertake. Governmental functions. D. The said Authority shall consist of seven (7) members, one of whom shall be the Chairman of the City Commission of the City of Rome; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County; one of whom shall be the President of the Chamber of Commerce of Rome and Floyd County, or its successor; one of whom shall be the Chairman of the Industrial Development Committee of the Chamber of Commerce of Rome and Floyd County, or its successor; and three of whom shall be appointed by the other four (4) members first above mentioned. Members, etc. (1) The terms of office of the members who are the Chairman of the City Commission of the City of Rome, the Chairman of the Board of Commissioners of Roads and Revenues of Floyd County, the President of the Chamber of Commerce of Rome and Floyd County, or its successor, and the Chairman of the Industrial Development Committee of the Chamber of Commerce of Rome and Floyd County, or its successor, shall run concurrently with their respective tenures of such offices in said bodies, and their respective successors in such offices shall succeed them as members of the said Authority. (2) The three (3) members initially appointed by the other four (4) members first mentioned shall be appointed for terms expiring December 31, 1963, December 31, 1964, and December 31, 1965, respectively; and thereafter their respective successors shall be appointed for terms of three (3) years. In the event of the death or resignation of either one of said appointed members, his successor shall be appointed by the remaining members

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for the balance of the unexpired term. No vacancy shall impair the power of the Authority to act. (3) Prior to taking office the members shall subscribe to the following oath, to-wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Rome-Floyd County Development Authority, So Help Me God'. Oath. (4) The members of the said Authority shall be entitled to no compensation. Compensation. E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the `Rome-Floyd County Development Authority', created hereby. Definitions. (2) The word `project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Floyd County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes. (3) The term `cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or

Page 1071

specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. F. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes. Quorum. G. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. Powers. (3) To receive and administer gifts, grants and donations and to administer trusts. (4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings, and/or property of all kinds, real and/or personal, within Floyd County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments

Page 1072

necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years. (7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Floyd County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of

Page 1073

the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however. (12) To use public funds appropriated to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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 subdivisions may be invested. (15) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority.

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H. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Floyd County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, pp. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the Rome-Floyd County Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Same. I. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income therefrom, shall be exempt

Page 1075

from State, county, city, and local taxation for any purpose. Property. J. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Bonds of employees. K. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Floyd County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. L. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Floyd and/or any incorporated city or town in said county, the governing authorities of the County of Floyd and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Property. M. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall be conveyed to Floyd County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Title to property. N. The books and records of the Authority shall be

Page 1076

audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of said County, and shall be available for public inspection. Audits. O. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Powers. P. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. No enabling Act or legislation of the General Assembly shall be necessary to place the same in effect. However, the General Assembly of the State of Georgia is hereby authorized to enact any laws from time to time, not in conflict herewith, to further define and prescribe the powers and duties of the Authority and the exercise thereof, to enlarge and/or restrict the same, to regulate the management and conduct of the Authority, and/or to further and assist the objectives and purposes of the Authority. Effective date. Q. The provisions hereof are severable, and if any of the provisions hereof shall be held in violation of the Constitution of the United States or invalid by any court of competent jurisdiction, the decision of such court shall not affect, impair or invalidate any of the remaining portions hereof. If this amendment necessarily conflicts with some previous provision of the Constitution of the State of Georgia, this amendment shall prevail as a modification pro tanto of the former provision. Severability. 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 and submitted

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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 Constitution so as to create the Rome-Floyd County Development Authority to promote industry, agriculture and commerce, to authorize the Authority to issue revenue anticipation obligations and to provide for powers, authorities, funds, purposes and procedures connected with said Authority. Against ratification of amendment to Constitution so as to create the Rome-Floyd County Development Authority to promote industry, agriculture and commerce, to authorize the Authority to issue revenue anticipation obligations and provide the method and manner of such issuance and validation thereof, and to provide for powers, authorities, funds, purposes and procedures connected with said 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 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 same to the Governor, who shall issue his proclamation thereon.

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GRANTS TO CERTAIN COUNTIES. Proposed Amendment to the Constitution. No. 217 (House Resolution No. 499-970). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions; 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 General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant. 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

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so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions. 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. SCREVEN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 218 (House Resolution No. 507-981). A Resolution. Proposing an amendment to the Constitution so as to create the Screven County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political divisions,

Page 1080

is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Screven 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 Screven County. The County of Screven may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. Screven County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed. Taxes. The members of the Authority, their qualifications, terms, and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the County of Screven. The Authority is created for non-profit purposes and all property acquired by

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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, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia 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 Screven County Development Authority. Against ratification of amendment to the Constitution so as to create the Screven 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 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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CITY OF PERRY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 219 (House Resolution No. 508-981). A Resolution. Proposing an amendment to the Constitution so as to create the City of Perry Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in the City of Perry to be known as the City of Perry Industrial Building Authority, which shall be an instrumentality of the City of Perry 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 Perry Chamber of Commerce, the Mayor of the City of Perry and the Chairman of the Houston County Board of Commissioners shall be ex-officio members of the Authority. In addition the governing authority of the City of Perry shall appoint two members who shall serve for a term of five years and who shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said governing authority. 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. Members, etc.

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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 the City of Perry. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in the City of Perry so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of the City of Perry suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of

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land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 the City of Perry. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding,

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the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of the City of Perry to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of the City of Perry. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in the City of Perry. (2) The lessee or purchaser of the building or buildings

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involved will not by virtue of establishing operations in said city, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Perry, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the vicinity of the City of Perry, and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. 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 the City of Perry and the scope of its operations shall be limited to the territory embraced within said city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly Section 2. When the above proposed amendment to the

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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 City of Perry Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the City of Perry Industrial Building 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 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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CITY OF CARROLLTONBONDS FOR SLUM CLEARANCE, ETC. Proposed Amendment to the Constitution. No. 220 (House Resolution No. 512-985). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of Georgia of 1945, ratified November 4, 1952, so as to authorize the City of Carrollton to issue and sell revenue bonds for the purpose of carrying out slum clearance; 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 VII, Section VII, Paragraph V of the Constitution of Georgia of 1945, ratified November 4, 1952, is hereby amended by adding at the end of said Paragraph the following: The City of Carrollton shall be authorized to issue and to sell revenue bonds subject to and in accordance with the terms and provisions of the Act of the General Assembly of the State of Georgia, approved March 31, 1937, known as the Revenue Certificate Laws of 1937, as amended, and as the same may hereafter be amended, and to refund any such bonds, to provide funds for the purpose of carrying out slum clearance and redevelopment work, including acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. As security for the payment of the principal of and the interest on any such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, the issuer may pledge all or any part of the taxes received (except such taxes which by law are required to

Page 1089

be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, together with any or all other revenues from any such project and to the extent that such taxes and revenues so pledged are insufficient to pay the principal of and the interest on such revenue bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work, such issuing body may pledge the full faith and credit of such issuer to make up any deficit which may exist. The issuance of any such bonds and the pledge of the full faith and credit of the issuer shall be an authorized indebtedness but no vote of the people shall be required prior to incurring the same nor shall such bonds or such pledge be considered as an indebtedness in determining the limitation of indebtedness imposed by the provisions of Article VII, Section VII, Paragraph I of the Constitution, as now or hereafter amended. Provided further that any county, municipal corporation or political subdivision other than the issuer benefiting from any such slum clearance or redevelopment work may contract with the issuer of any such revenue bonds and agree to pay to such issuer all or any part of the taxes received (except such taxes which by law are required to be used only for specific purposes) by such body from any real property involved in any slum clearance or redevelopment work, including work heretofore or hereafter done, so that the same may be pledged to the payment of the principal of and interest on such bonds and to create reasonable reserves in connection therewith, as well as to establish a fund for future work. 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 authorize the City of Carrollton to issue and sell revenue bonds. Against ratification of amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds. 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. CHATTAHOOCHEE COUNTYSCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 221 (House Resolution No. 513-989). A Resolution. Proposing an Amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattahoochee County by the Board of Education of Chattahoochee County; to provide for the submission

Page 1091

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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Effective at the end of the term of the present County School Superintendent of Chattahoochee County, the Board of Education of Chattahoochee County shall appoint the County School Superintendent. The person serving as Superintendent at the time of the ratification of this Amendment shall continue to serve until the end of his present term on December 31, 1964. In the event, however, that a vacancy occurs in such office prior to the end of said term, the Board of Education shall appoint a person to serve as Superintendent. No election for County School Superintendent shall be held after the ratification of this Amendment. The Board shall appoint a person to take office as Superintendent on January 1, 1965. The Superintendent shall serve at the pleasure of the Board. The County School Superintendent of Chattahoochee County, as provided for herein, shall be subject to all constitutional and all statutory provisions relative to County School Superintendents unless such provisions are in conflict with the provisions of this Amendment. 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

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so as to provide for the appointment of the County School Superintendent of Chattahoochee County by the Board of Education of Chattahoochee County. Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattahoochee County by the Board of Education of Chattahoochee 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. WILCOX COUNTYTERMS OF MEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 222 (House Resolution No. 515-989). A Resolution. Proposing to the qualified voters an amendment to the Constitution, so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1st after the date of their election; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia, as amended, particularly by an amendment found in 1952 Georgia Laws, p. 543, and ratified by the voters at the General Election for members of the General Assembly in 1952, is hereby amended by striking the last sentence of the first paragraph of the 1952 amendment, cited above, and inserting in lieu thereof the following: The members shall take office on January 1st after the date of their election and their terms shall be for four years., so that when so amended said paragraph shall read as follows: The County Board of Education of Wilcox County shall be composed of five (5) members, elected by the people, one from each of the school districts provided for hereinafter. School District No. 1 shall be composed of Abbeville and Ryals Mill Militia Districts. School District No. 2 shall be composed of Forest Glen and Sibbie Militia Districts. School District No. 3 shall be composed of Rochelle, Pleasant Grove and Davis Mill Militia Districts. School District No. 4 shall be composed of Pitts, Seville and Double Run Militia Districts, School District No. 5 shall be composed of Pineview, Maple Branch and Pope City Militia Districts. Any candidate for membership on the board of education must reside in the school district from which he offers as said candidate and shall be voted upon by the qualified voters of the entire county. The first election for the members of the county board of education, as provided herein, shall be held on the same date and along with the other county officers at the regular election held for the election of county officials in 1954 in Wilcox County. The first election for members of the Wilcox County Board of Education under the provisions of this amendment shall be for two (2) members in 1954 and the other three (3) members shall be elected in 1956. The members shall take office on January 1st

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after the date of their election and their terms shall be for four years. 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 provide that the members of the Board of Education of Wilcox County shall take office on January 1st after the date of their election. Against ratification of amendment to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on January 1st after the date of their election. 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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LUMPKIN COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 223 (House Resolution No. 517-995). A Resolution. Proposing an amendment to the Constitution so as to create the Lumpkin County Industrial Building 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 V, Section IX 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 Lumpkin County, to be known as the Lumpkin County Industrial Building Authority, which shall be an instrumentality of Lumpkin 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 Dahlonega-Lumpkin County Chamber of Commerce, the Chairman of the Dahlonega City Council, and the Commissioner of the Lumpkin County Roads and Revenues shall be ex-officio members of the Authority. In addition, the Commissioner of Roads and Revenues of Lumpkin County shall appoint two members who shall serve for a term of five years and who shall be eligible for re-appointment. Vacancies shall be filled for the unexpired term by the said County Commissioner. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner. No vacancy shall impair the power of the Authority to act. Members, etc.

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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 Lumpkin County. Property. D. The powers of the Authority shall include, but not be limited to, the power: Powers. (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Lumpkin County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Lumpkin County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition

Page 1097

of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Lumpkin County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding

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the Authority is hereby authorized to issue bonds bearing rates or rate of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann., Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Lumpkin County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Lumpkin County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Lumpkin County. (2) The lessee or purchaser of the building or buildings

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involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Lumpkin County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Lumpkin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. The General Assembly may be 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 Lumpkin County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to

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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 Lumpkin County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification ofthe 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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PUTNAM COUNTYCOMPENSATION OF TAX COLLECTOR AND TAX RECEIVER, ETC. Proposed Amendment to the Constitution. No. 224 (House Resolution No. 528-1005). A Resolution. Proposing an amendment to the Constitution so as to set the compensation for the Putnam County Tax Collector; 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 XI, Section II, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The Putnam County Tax Collector, Tax Receiver, or if the office of Tax Commissioner is created then the Tax Commissioner, and his clerical help shall be compensated from the funds of Putnam County. The amount of such compensation shall be set by local law, said amount to be paid in equal monthly installments from the funds of Putnam County; Provided, however, that the Tax Collector, Tax Receiver, or Tax Commissioner, as the case may be, if acting as tag agent, may still receive the fees allowed by law from the sale of motor vehicle tags. The compensation aforesaid shall be the full and complete compensation of the Tax Collector, Tax Receiver, or Tax Commissioner of Putnam County and shall be in lieu of all commissions, fees, or charges of any kind whatsover heretofore or hereinafter received. Said Tax Collector, Tax Receiver, or Tax Commissioner shall not be entitled to the amount provided in an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source

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under color of said office, except the salary and fees as hereinbefore set out, shall be County funds and shall be accounted for by the Tax Collector, Tax Receiver, or Tax Commissioner as such. Section 2. This Act shall become effective on January 1, 1963, if approved in the referendum election hereinafter provided. Effective date. Section 3. 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 set, by local law, the compensation of the Putnam County Tax Collector, Tax Receiver, or Tax Commissioner. Against ratification of amendment to the Constitution so as to set, by local law, the compensation of the Putnam County Tax Collector, Tax Receiver, or Tax Commissioner. 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

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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. FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 225 (House Resolution No. 531-1024). A Resolution. Proposing an amendment to the Constitution so as to create the Franklin County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Franklin County to be known as the `Franklin County Industrial Building Authority', which shall be an instrumentality of Franklin County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members. The Mayors of Canon, Carnesville, Franklin Springs, Lavonia and Royston by their offices shall be members of the Authority. In addition the Board of Commissioners of Roads and Revenue of Franklin County shall appoint two members who shall serve for a term of five years and

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who shall be eligible for reappointment. 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. Members, etc. 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 Franklin County. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of a private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Franklin County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the

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limits of Franklin County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms and corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Franklin County. Debts.

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F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Georgia Code Annotated Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Franklin County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Franklin County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same.

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1. The undertaking for which the bonds are to be issued will increase employment in Franklin County. 2. The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Franklin County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Franklin County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purposes. M. 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 (30) days after such proclamation. Effective date. N. 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 Franklin County and the scope of its operations shall be limited to the territory embraced

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within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Franklin Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Franklin Industrial Building 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 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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JENKINS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 226 (House Resolution No. 533-1024). A Resolution. Proposing an amendment to the Constitution so as to create the Jenkins County Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities, and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the Jenkins County Development Authority, which shall be deemed to be an instrumentality of Jenkins County and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Jenkins County. The County of Jenkins may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. Jenkins County is authorized to levy a tax on all the taxable property therein not to exceed five mills for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed. Taxes. The Authority shall consist of ten members. The Chairman of the County Commissioners, the Mayor of the City of Millen, the President of the Millen Merchants Association, the President of the Jenkins County Farm Bureau, and the President of the Jenkins County Chamber of Commerce, shall be ex officio members of the Authority.

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Other members of the Authority shall be: two members to be named by the President of the Millen Merchants Association from the membership at large. Two members to be named by the President of the Jenkins County Chamber of Commerce from the membership at large. One member to be named by the Jenkins County Commissioners. All members shall be appointed within 30 days after the ratification of this amendment. Members. All members of the Authority, except the ex officio members shall serve for a term of three years, and shall be eligible for reappointment. Vacancies on the Authority shall be filled in the same manner as outlined in the regular appointments. 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. The officers of the Authority shall be elected by the members of the Authority. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other legislation for the implementation of this amendment. Powers. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds or certificates issued by the Authority, shall be exempt from local and state taxation. Tax exemption. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the co-ordination of such development, promotion, and expansion within the territorial limits of Jenkins County. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purpose for which the Authority is created. Purpose. The powers of the authority shall include, but not be limited to, the power:

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1. To receive and administer gifts, grants, and donations and to administer trusts. Powers. 2. To borrow money, to issue notes, bonds, revenue bonds, and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge, and assign any and all of its funds, property and income. 3. To have and exercise the usual powers of private corporations, including the power to appoint and hire agents and employees, and to provide for their duties and compensation. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or the County of Jenkins. Debts. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. No moneys derived by the Authority from any source, shall at any time be used for entertainment or other promotional purposes, other than gifts from individuals, firms or corporations. Gifts. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of the dissolution, shall revert to Jenkins County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. 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 approved 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:

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For ratification of amendment to the Constitution so as to create the Jenkins County Development Authority. Against ratification of amendment to the Constitution so as to create the Jenkins County Development Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote in favor of ratification, 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 the 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 COUNTYAUTHORITY TO CONSTRUCT AND MAINTAIN STREETS, ETC. Proposed Amendment to the Constitution. No. 227 (House Resolution No. 543-1049). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be ti resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution, is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to grant the governing authority of Bibb County with the power to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said County. The General Assembly is hereby authorized to provide by law the manner in which the cost of such construction and maintenance shall be borne, including all matters relating to taxation and assessment for such purposes. The General Assembly shall also be authorized to relieve any municipality within said County from the obligation of any part or all of such construction and maintenance. 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 authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said count. Against ratification of amendment to the Constitution so as to authorize the General Assembly to empower the

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governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said 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. TAX BY COUNTIES TO BUILD, MAINTAIN, ETC. PUBLIC TRANSPORTATION SYSTEMS. Proposed Amendment to the Constitution. No. 228 (House Resolution No. 575-1110). A Resolution. Proposing an amendment to the Constitution of the State of Georgia, as heretofore amended, by adding at the end of Article VII, Section IV, Paragraph I thereof a new paragraph to be appropriately numbered, to grant to the General Assembly the power to delegate to any county the right to levy a tax to build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in building, acquiring, maintaining and operating a system or systems

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of public transportation, including the payment of preliminary investigative expenses, the payment of all or any part of the principal of and the interest on any obligations issued to finance the construction or acquisition of any such public transportation system or systems and to establish and maintain reasonable reserves in connection with the issuance of any such obligations and reasonable reserves for the future operation, development, improvement and expansion of such facilities, and to declare that the construction, acquisition, maintenance and operation of public transportation systems is an essential governmental function undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended; and for other purposes. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by the authority aforesaid, as follows: Section 1. The Constitution of the State of Georgia as heretofore amended, is hereby further amended by adding at the end of Article VII, Section IV, Paragraph I thereof a new paragraph to be appropriately numbered, reading as follows: To build, acquire, maintain and operate and to participate with other counties, municipalities, public or private corporations in building, acquiring, maintaining and operating a system or systems of public transportation, including the payment of preliminary investigative expenses, the payment of all or any part of the principal of and the interest on any obligations issued to finance the construction or acquisition of any such public transportation system or systems and to establish and maintain reasonable reserves in connection with the issuance of any such obligations and reasonable reserves for the future operations, development, improvement and expansion of such facilities. The construction, acquisition, maintenance and operation of public transportation systems is hereby declared to be an essential governmental function

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undertaken for public purposes for which the powers of taxation and eminent domain may be exercised and public funds expended. Section 2. When this resolution shall have been agreed to by two-thirds ([frac23]) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballots the words For ratification of amendment to the Constitution of the State of Georgia, authorizing the General Assembly to delegate to counties the right to levy taxes for public transportation, and declaring the same to be an essential governmental function. Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words Against ratification of amendment to the Constitution of the State of Georgia, authorizing the General Assembly to delegate to counties the right to levy taxes for public transportation, and declaring the same to be an essential governmental function. Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by law, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

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WAYNE COUNTYSHERIFF'S DUTIES. Proposed Amendment to the Constitution. No. 229 (House Resolution No. 576-1126). A Resolution. Proposing an amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: In the event the Board of Commissioners of Roads and Revenues of Wayne County should provide for county police for Wayne County as is authorized by law, or should a county police force for Wayne County be established in any other manner, the sheriff of Wayne County, at such time, shall be relieved of any duties which he now has with regard to law enforcement and with regard to his being jailer and all such duties shall be performed by the county police of Wayne 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:

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For ratification of amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created. Against ratification of amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created. 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. WAYNE COUNTYCOUNTY ADMINISTRATOR. Proposed Amendment to the Constitution. No. 230 (House Resolution No. 577-1126). A Resolution. Proposing an amendment to the Constitution so as to provide for a County Administrator of Wayne 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 XI, Section I, Paragraph VI of the

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Constitution is hereby amended by adding at the end thereof the following: There is hereby created the office of County Administrator of Wayne County. It shall be the duty of the Board of Commissioners of Roads and Revenues of Wayne County, as soon as possible after the ratification of this amendment, but not later than April 1, 1963, to appoint a person as county administrator. No member of the board shall be appointed county administrator or acting county administrator during the term of office for which he was elected nor for a period of one year thereafter. Created, qualifications, etc. The county administrator shall be chosen by the board of commissioners solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth. His salary shall be fixed by the board of commissioners and he shall be subject to removal at any time without notice or statement or proof of cause. The county administrator shall be the chief executive officer of the County of Wayne and head of the administrative branch of the county government. He shall be responsible to the board for the proper administration of all affairs of the county, except as otherwise provided by law, and it shall be his duty: Duties. (a) To appoint and remove all officers and employees of the county which the commissioners have been heretofore empowered to appoint and discharge, except the county attorney, who shall be appointed by the board of commissioners; (b) To see that all rules and regulations adopted by the board of commissioners are enforced; (c) To exercise control over all departments or divisions of the county which the board of commissioners have heretofore exercised, or that may hereafter be created;

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(d) To attend all meetings of the board of commissioners, with the right to take part in the discussion, provided he shall have no vote before the board; (e) To prepare and submit to the board of commissioners the annual budget; (f) To keep the board of commissioners advised as to the financial condition and needs of the county; (g) To appoint and remove the clerk of the board and the assistant clerk, as well as the superintendent of roads, county police and all other officers and employees of the county, except as otherwise provided; (h) To fix the salaries of all officers and employees of the county, whom he has the right to appoint; and (i) To perform such other duties as may be required of him by the Board of Commissioners of Wayne County. The board of commissioners shall have the right to require the county administrator to go before them at any time and make such report or reports as they deem necessary. Reports. The board of commissioners may designate some qualified person to act as temporary county administrator in the absence of the county administrator, provided that no member of the board of commissioners shall be appointed as acting county administrator. While so engaged, the acting county administrator shall have all of the right, duties and authority of the county administrator. Vacancies. The county administrator shall devote his full time to his office, and shall hold no other office or employment while so engaged. Duties. The county administrator shall be the purchasing agent for the county, by whom all purchases of supplies

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and all contracts therefor shall be made, and he shall countersign, with the clerk, all vouchers for the payment of the same under such rules and regulations as the board of commissioners may adopt, not inconsistent herewith. The board of commissioners shall adopt rules for regulating purchases made by the county and the county administrator shall be governed thereby. Purchasing agent. The county administrator shall be required to execute and deliver a good and sufficient surety bond payable to the board of commissioners, to be approved by them, conditioned upon the faithful performance of his duties, the amount thereof to be determined by the board of commissioners. Bond. 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 provide for a County Administrator of Wayne County. Against ratification of amendment to the Constitution so as to provide for a County Administrator of Wayne 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.

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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. DOUGHERTY COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 231 (House Resolution No. 582-1126). A Resolution. Proposing an amendment to Article VII, Section IV, Paragraph II of the Constitution of Georgia, so as to provide for the establishment of fire protection districts in Dougherty County outside municipalities by the governing authority of Dougherty County; to provide that the governing authority of said county may adopt and enforce fire safety regulations for said fire protection districts and for the entire area outside municipalities; to authorize the governing authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for referendums; to provide for the levy of a tax to defray the cost of fire protection for the fire districts; to repeal prior constitutional amendments and statutes; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution of Georgia, relating to the districting of counties, is hereby amended by adding at the end thereof the following:

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The governing authority of the County of Dougherty is hereby given the authority to district areas outside of municipalities in said county for fire protection purposes, to furnish fire protection to said districts by contract, or by installing a system of its own, or otherwise, and to adopt and enforce fire safety regulations for Dougherty County outside of municipalities, the violation of which shall be a misdemeanor and punished as such. In the event such districts are formed, the governing authority of Dougherty County shall levy a tax upon all the real and personal property except cattle and livestock located within such fire districts sufficient to defray all costs of fire protection to such districts; provided, that such tax need not be at the same rate in all such districts, but the rate may be determined separately with respect to each district according to the needs or requirements of such district. Said tax shall be levied on said property before deduction for homestead exemption; and the right to claim homestead exemption shall not apply as against this tax. At any time when there is in effect in Dougherty County a program of county fire protection, a referendum election to determine whether the county shall continue to furnish fire protection in Dougherty County and to levy a tax to defray the expense thereof may be initiated by a petition presented to the governing authority of said county signed by one-fourth () of the persons who own real or personal property located within a fire district which is subject to the fire protection tax, asking that an election be held for the purpose of determining whether fire protection shall be continued within said county and a tax levied to defray the expense thereof. Upon receipt of such a petition, the governing authority of said county shall call an election to determine the question. Said election shall be called by written resolution of said governing authority, and notice of the election shall be published once a week for four weeks prior to said election in the newspaper in which the legal advertisements for the county are published, giving notice that on the day named an election will be held to determine

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the question whether Dougherty County shall continue to furnish fire protection and to levy a tax to defray the expense thereof. None but persons owning property within the county subject to the fire protection tax shall be permitted to vote at said election, and the vote of a majority of those voting in said election shall decide and determine the question. No referendum shall be held to determine this question within four years of the date of any prior referendum held for this purpose. The governing authority of Dougherty County may serve as election managers, or may appoint, in lieu thereof, any three persons who are qualified to vote in said election. The polls shall remain open during the hours now fixed by law for general elections. The ballots cast and the voting lists shall be in the custody of the governing authority of Dougherty County, Georgia, or the managers appointed by them, which said authority or said managers, as the case may be, shall declare the result of said election. The ballots, consolidated returns and the other papers declaring the result of the election shall be filed with the Clerk of the Superior Court of Dougherty County, Georgia, and the result shall be certified to the Secretary of State in accordance with the provisions of Code section 34-1924 of the Code of Georgia as amended by the Acts of 1953. All prior laws and part of laws, constitutional amendments, and statutes, dealing with fire protection in Dougherty County are hereby repealed. 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

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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. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to authorize the establishment of fire protection districts in Dougherty County outside municipalities by the Governing Authority of Dougherty County; to provide that the Governing Authority of said County may adopt and enforce fire safety regulations for said fire protection districts and for the entire area outside municipalities; to authorize the Governing Authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for the levy of a tax to defray the cost of fire protection for the fire districts, to repeal prior constitutional amendments and statutes; and for other purposes. Against ratification of amendment to authorize the establishment of fire protection districts in Dougherty County outside municipalities by the Governing Authority of Dougherty County; to provide that the Governing Authority of said County may adopt and enforce fire safety regulations for said fire protection districts and for the entire area outside municipalities; to authorize the Governing Authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for the levy of a tax to defray the cost of fire protection for the fire districts, to repeal prior constitutional amendments and statutes; and for other purposes. 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 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. MT. ZION, TURKEY CREEK AND FLINT CORNER DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 232 (House Resolution No. 584-1126). A Resolution. Proposing an amendment to the Constitution so as to create the Mt. Zion, Turkey Creek and Flint Corner Development Authority; 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: There is hereby created a body corporate and politic to be known as the `Mt. Zion, Turkey Creek and Flint Corner 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 Militia Districts 1240 and 1436 of Carroll County and the corporate limits of the Town of Mt. Zion. The County of Carroll and the Town

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of Mt. Zion may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The Authority shall consist of seven members who shall have such 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 by the governing authorities of the County of Carroll and the Town of Mt. Zion. Members of the Authority shall be residents of Militia Districts 1240 and 1436 within or without the corporate limits of the Town of Mt. Zion. The General Assembly shall provide for appointment and terms 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. Members, etc. All lands and improvements thereon the title to which is vested in the Authority, and all debentures and revenue-anticipation certificates issued by the Authority, shall be exempt from State, county and municipal taxation. Property. 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 Carroll or the Town of Mt. Zion. The Authority is created for non-profit 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. The Authority is specifically authorized to issue revenue bonds for the purposes provided herein and for the purposes which may be provided by the General Assembly. Purpose, etc. Section 2. When the above proposed amendment to

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the Constitution shall have 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 Mt. Zion, Turkey Creek and Flint Corner Development Authority. Against ratification of amendment to the Constitution so as to create the Mt. Zion, Turkey Creek and Flint Corner 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 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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CHATHAM COUNTYFIRE PROTECTION, ETC. DISTRICTS. Proposed Amendment to the Constitution. No. 233 (House Resolution No. 516-995). A Resolution. Proposing an amendment to the Constitution so as to provide for the establishment of fire protection districts, sewerage and sanitation districts and water works districts in Chatham 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 VII, Section IV, Paragraph II of the Constitution, relating to the districting of counties is hereby amended by adding at the end thereof the following: The General Assembly of Georgia is hereby authorized to grant to the governing authority of Chatham County the authority to district areas outside the municipalities in said county for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such district for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provisions of this amendment shall not become effective in any district until and unless a majority of the voters voting in an election called for said purpose in said district first approved by a vote the establishment of a district for said purposes. The provisions contained herein shall in no wise affect any private water and sewerage systems in existence at the time of the approval of any such district by the voters thereof.

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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 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 authorize the General Assembly to grant the authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes. Against ratification of amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions

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heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes. 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. CITY OF VIDALIATAX RATE FOR SUPPORT VIDALIA DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 234 (House Resolution No. 629-1184). A Resolution. Proposing an amendment to the Constitution so as to change the millage rate for the suport of the Vidalia Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended by an amendment creating the Vidalia Development Authority found in Georgia Laws 1956, p. 426, and ratified at the general election of 1956, is hereby amended by striking from section H. of the aforesaid 1956 amendment the word one and inserting in lieu thereof the word two so that when so amended said section H. shall read as follows: H. The City of Vidalia is authorized to levy an annual tax, not to exceed two mills, on all taxable property within the city for the suport of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by the City of Vidalia to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; 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 change the millage rate for the support of the Vidalia Development Authority. Against ratification of amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority.

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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. DEKALB COUNTYTAXES, ETC. ON BUSINESSES OPERATING BUSES. Proposed Amendment to the Constitution. No. 235 (House Resolution No. 645-1217). A Resolution. Proposing an amendment to the Constitution of the State of Georgia of 1945, as amended by amendment proposed by Georgia Laws 1958, page 582, et. seq., so as to authorize DeKalb County to levy a tax and/or charge or assessment on any business operating buses in certain areas of DeKalb County, and for other purposes. Be it resolved by the General Assembly of Georgia and it is hereby resolved by the authority of same: Section 1. That Article VI, Section I of the Constitution of the State of Georgia of 1945, as amended, be, and the same is hereby further amended by adding at the end of Paragraph I of the amendment to the Constitution ratified in the 1958 as proposed by the resolution

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in Georgia Laws 1958, page 582, et. seq., the following language, provided, however, DeKalb County is hereby authorized to license and regulate businesses regularly operating buses upon the county maintained public streets, roads and highways in the unincorporated areas of DeKalb County and to levy on such businesses an annual business license, or franchise, tax and/or charge or assessment. Section 2. When this resolution shall have been agreed to by two-thirds ([frac23]) of the members elected to both houses of the General Assembly of Georgia, the same shall be entered on their journals with the yeas and nays taken thereon and shall be submitted to the people for ratification or rejection at the next general election for members of the General Assembly as provided by the Constitution of the State of Georgia. At said general election, those desiring to vote in favor of said amendment shall have written or printed on their ballot the words For ratification of amendment to the Constitution of the State of Georgia authorizing DeKalb County to regulate businesses operating buses on its public streets, roads and highways. Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words Against ratification of amendment to the Constitution of the State of Georgia authorizing DeKalb County to regulate businesses operating buses on its public streets, roads and highways. Section 3. This proposed amendment shall be published before said general election as now provided by law. If at said general election the majority of qualified voters voting thereon as provided in the Constitution of the State of Georgia, as amended, vote in favor of the ratification of this amendment the same shall, upon the result thereof being ascertained, consolidated and certified as provided by laws, become a part of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law.

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CARROLLTON PAYROLL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 236 (House Resolution No. 647-1221). A Resolution. Proposing to the qualified voters an amendment to Article V of the Constitution of the State of Georgia by adding, at the end thereof a new section and paragraph, to create the Carrollton Payroll Development Authority as a Constitutional authority and public corporation; to provide for the appointment, eligibility and tenure of members and officers; to provide for the financing of said authority; and to confer on the General Assembly the authority to prescribe by law additional powers and duties for said authority; to provide 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 the State of Georgia as follows: Section 1. That Article V of the Constitution of the State of Georgia is hereby amended by adding to the end thereof a new section and paragraph to be known as Section IX, Paragraph I, which shall read as follows, to wit: Article V, Section IX, Paragraph I. There is hereby created a body corporate and politic to be known as the Carrollton Payroll 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 Carroll County. The County of Carroll and the City of Carrollton may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created.

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The Authority shall consist of five members who shall have such 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 by the City of Carrollton. Members of the Authority shall be the President of the Carrollton Chamber of Commerce or his successor, the Mayor of the City of Carrollton or his successor, and three other members who shall be residents of Carroll County within or without the corporate limits of the City of Carrollton. The General Assembly shall provide for appointment and terms of office of the members of the Authority who are not members thereof by virtue of their office. Members, etc. All Debentures and revenue anticipation certificates issued by the Authority, and all income earned therefrom by the holders of said evidences of indebtedness shall be exempt from State and local taxation. All lands and improvements thereon, the title to which is vested in the Authority, may be exempt from state and local taxation, as provided by the General Assembly. Property, etc. Said Authority is created for the purpose of developing and promoting for the public good and general welfare jobs and payrolls in industry, agriculture, commerce and natural resources and the making of long-range plans for the coordination of such development, promotion and expansion, within Carroll County, and shall specifically be authorized to enter into contracts and agreements for periods of time extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Carroll or the City of Carrollton. The Authority is created for non-profit 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, etc. The specifications of certain powers herein is not

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intended to be exclusive, it being the intention of this amendment that all powers hereby granted, and to be granted by the General Assembly pursuant hereto, are to be liberally construed to effectuate the general purposes of said Authority as hereinabove set out. General Assembly. The powers hereby granted to the General Assembly, to the fiscal authorities of Carrollton, and to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this constitution or any general or special laws of the State. 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, 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 shal be submitted for ratification or rejection to the electors as provided in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following; For ratification of amendment to the Article V of the Constitution of Georgia, creating the Carrollton Payroll Development Authority. Against ratification of amendment to Article V of the Constitution of Georgia, creating the Carrollton Payroll 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 electors qualified to vote for the

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members of the General Assembly voting thereon in Carrollton shall vote for ratification thereof, this amendment shall become a part of the Constitution of the State of Georgia. 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, if such amendment be ratified, make proclamation thereof. BROOKS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 237 (House Resolution No. 646-1217). A Resolution. Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification and 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 Brooks County to be known as the Brooks County Development Authority, which shall be an instrumentality of Brooks County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall be composed of five members. The President of the Quitman and Brooks County Chamber

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of Commerce, the Chairman of the Brooks County Commission, and the Mayor of the City of Quitman shall be ex-officio members of the Authority. The other two members of the Authority shall be appointed by the Board of Commissioners of Roads and Revenues of Brooks County for a term of five years, or until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the said board of 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. Members, etc. 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 Brooks County. 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 Brooks 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 Brooks 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;

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(5) To contract with Brooks 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 by-laws and regulations for the conduct and management of the Authority. (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Brooks 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 subdivisions may be invested; (9) To designate officers to sign and act for 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 of Brooks County; Debts. F. The Authority shall have the same immunity and exemption for 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 corporation on any contractual obligation of the Authority; Actions. G. The members of the Authority shall receive no compensation for their services to the Authority; Compensation.

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H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Brooks County, is hereby authorized to issue Revenue Certificates to carry out the purposes of this amendment. Revenue Certificates, thus issued, shall be paid from the income of the Authority. Bonds. I. The Commissioners of Roads and Revenues of Brooks County are authorized to levy a tax not exceeding three mills per dollar of assessed validation for the purposes of the Authority. Said Commissioners may also appropriate to the Authority such amounts from its funds each year as it shall see fit, and any funds transferred from said Commissioners to the Authority shall become part of its funds and may be used by the Authority in accordance with its power and purposes as herein stated, or as may be hereafter defined by law. Tax to support. 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 Brooks County and its citizens, industry, agriculture and trade within the County of Brooks, and making long range plans for such development and expansion and to authorize the use of public funds of Brooks 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; Purpose. 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

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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 Brooks County, and the scope of its operation shall be limited to the territory embraced within Brooks County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operation beyond the limits of Brooks 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 Brooks County. Debt limit. 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 amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to create the Brooks County Development Authority. Against ratification of amendment to the Constitution so as to create the Brooks 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

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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 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. DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 238 (House Resolution No. 660-1242). A Resolution. Proposing an amendment to the Constitution so as to create the Dawson County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Dawson County to be known as the Dawson County Industrial Building Authority, which shall be an instrumentality of Dawson 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 county commissioner shall appoint the members of said Authority. The term of the first five members shall be as follows: two shall be appointed for a term of one

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year; two shall be appointed for a term of two years and one shall be appointed for a term of four years. The successors of the original Authority and each successor thereafter shall serve terms of four years. Members shall be eligible for reappointment. In case of a vacancy for any reason the commissioner shall appoint a person to serve out the remainder of such unexpired term. No vacancy shall impair the power of the Authority to Act. Members, etc. 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 Dawson County. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation 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 by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and

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development of industrial and commercial facilities in Dawson County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Dawson County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) To accumulate its funds from year to year and to invest accumulated funds in any matter that public funds of the State of Georgia or any of its political subdivisions may be invested; (8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

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E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Dawson County. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful lebt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Dawson County to pay any such bonds or the interest thereon nor to enforce thereof against any property of Dawson County. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same.

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I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Dawson County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said county, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Dawson County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Dawson County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. M. 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 (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority

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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 Dawson County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Dawson County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Dawson County Industrial Building 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 electors qualified to vote for members of the General Assembly voting thereon in Dawson County shall vote for ratification thereof, this amendment 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,

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and it shall be the duty of the Secretary of State to ascertain and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. CITY OF CLARKESVILLEREVENUE BONDS TO PROVIDE NONPROFIT HOUSING. Proposed Amendment to the Constitution. No. 239 (House Resolution No. 664-1278). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons; 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: The governing authority of the City of Clarkesville is hereby empowered to issue revenue bonds and to refund such bonds for the purpose of financing the acquisition, construction, reconstruction, maintenance, operation, and extension of nonprofit housing for elderly persons. Such bonds shall be issued pursuant to the provisions of an Act known as the Revenue Bond Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended. The revenue derived from the renting, leasing and furnishing of such nonprofit housing for the elderly shall be pledged to the payment of the principal and interest on the revenue bonds issued, and any such revenue not needed for such purposes shall

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be used to create reasonable reserves for such payment and to create reasonable reserves for future maintenance, operation, and extension of such nonprofit housing for the elderly. Section 2. The elected officials of the City of Clarkesville shall in no manner exercise the power of taxation to pay any bonds or revenue certificates issued under the authority granted by this act or for the interest thereon. Taxation. Section 3. 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 shal 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 authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons. Against ratification of amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons. 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

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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. DODGE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendent to the Constitution. No. 240 (House Resolution No. 667-1281). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing body of Dodge County to levy an annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein and in furtherance of such to create the Dodge 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 IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. In addition to the purpose for which taxes may be levied by counties as provided in said Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia the Commissioners of Roads and Revenues of Dodge County be and is hereby authorized to levy an annual ad valorem tax not exceeding five mills per dollar of assessed valuation on all property located in said Dodge County not excluding any realty homestead exemption, such funds so produced by such levy to be used

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by said County in aiding and assisting in the promotion and establishing new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said County may appropriate to the Authority (hereinafter created) such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law; Ad valorem tax. B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Dodge County and its citizens industry, agriculture, trade and commerce within the County of Dodge and making long range plans for such development and expansion and to authorize the levy of taxes and the use of public funds of said county for such purpose and in the furtherance thereof there be and is hereby created a body corporate and politic in said county to be known as Dodge County Development Authority which shall be an instrumentality of Dodge County and a public corporation, hereinafter in this amendment sometimes referred to as the `Authority'; Created. C. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible to reappointment. The members of the Authority shall be elected by the Commissioner of Roads and Revenues, or by the majority of the governing body, of Dodge County. The first members shall be elected for terms of one, two, three, four and five years and thereafter their successors shall be elected to serve for a term of five years. Vacancies shall be filled for the unexpired term by said electing body. 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. No member of the Authority shall be a member of the electing body of said county but there shall be no other disqualification to

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hold public office by reason of membership in the Authority; Members, etc. D. The property, obligation 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 Dodge County; Property. E. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and as lessee, and convey by mortgage, security deed or other form of security instrument land, buildings and property of all kinds within the limits of Dodge County; Powers. (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 Dodge 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 bonds or 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 Dodge 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

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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 by-laws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Dodge 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 subdivisions 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; F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Dodge County except to the extent and in the manner as to said County as herein set forth; Debts. G. 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; Actions. H. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. I. The Authority, with the consent of the Commissioner

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of Roads and Revenues of Dodge County or other governing body of Dodge County, is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue Bonds so issued shall be paid from the income of the Authority from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Dodge County Development Authority which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. Said Authority in determining the cost of any undertaking for which Revenue Bonds are to be issued may include all costs relative to the issuance thereof as well as engineering, inspection, fiscal and legal expenses, and interest estimated to accrue during the construction period, and for six months thereafter and such bonds shall bear such date or dates, mature at such time or times, not exceeding thirty years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and the interest thereon so issued by said Authority are hereby declared to be non-taxable for any and all purposes. The Commissioner of Roads and Revenues of Dodge County or other governing body of Dodge County by a majority vote of its members, at a regular or special meeting is hereby authorized to consent to and approve the issuance of Revenue Bonds by the Dodge County Development Authority which consent and approval may be in the form of a contract between the county and Authority and shall be recorded in the minutes of said Commissioner of Roads and Revenues or said governing body and shall show the amount, the date, the maturities and rate or rates of interest of the said bonds thus consented to and approved and when so consented to and approved shall bind the said governing body of said county then in office and their successors in office or such other authority or body of said county as may hereafter be empowered to levy

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taxes for the purpose of providing such funds as may be necessary to pay the principal of and interest on the said bonds consented to and approved and to create and maintain a reserve for that purpose. Such bonds issued by the said Authority shall be validated in the Superior Court of Dodge County in the same manner as revenue bonds of Municipalities are validated as provided in Code sections 87-815 et seq. of the Code of Georgia, and in the proceedings to validate such bonds, both the Dodge County Development Authority and the Commissioner of Roads and Revenues of Dodge County or other governing body of Dodge County shall be named as parties defendant. In the event no bill of exceptions shall be filed within the time prescribed by law, or if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, confirming and validating the issuance of such bonds, shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the said governing body or other taxing authority of said county; Bonds. 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 and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Liberal construction. 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 sixty (60) days after such proclamations; Effective date. M. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define

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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 not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of Dodge County, and the scope of its operation shall be limited to the territory embraced within said 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 or obligations of the county to the Authority shall be construed as a debt of Dodge County within the meaning of the provisions of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia. Debt limit. 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 authorize Dodge 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 Dodge 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. Against ratification of amendment to the Constitution so as to authorize Dodge County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of

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such purpose to create the Dodge 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. 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 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. CITY OF WAYCROSSTAX TO ENCOURAGE NEW INDUSTRY. Proposed Amendment to the Constitution. No. 241 (Senate Resolution No. 101). A Resolution. Proposing to the qualified voters of the City of Waycross an amendment to Georgia Laws 1937, pp. 1131-1132, which amended Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1877 (Ga. Code Anno. 2-5401), and continued in full force and effect by Article VII, Section X, Paragraph I of the Constitution of the State of Georgia of 1945 (Ga. Code Anno. 2-6301), so as to authorize the City of Waycross to use the funds raised from the industrial levy in assisting, promoting, and encouraging the location of industries in Ware County.

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Be it resolved by the General Assembly of Georgia: Section 1. The amendment, Georgia Laws 1937, pages 1131-1132, to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia of 1877 (Ga. Code Anno. 2-5401), and continued in full force and effect by Article VII, Section X, Paragraph I of the Constitution of the State of Georgia of 1945 (Ga. Code Anno. 2-6301), be and the same is hereby amended by striking the period following the words location of new industries therein in section 1, and adding the following words, or in Ware County., so that said section as amended shall read as follows: Section 1. That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: Provided, however, that the City of Waycross, in Ware County, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside, used and appropriated by the City of Waycross in assisting, promoting, and encouraging the location of new industries therein or in Ware County. Said tax and appropriation being in addition to those now authorized by law. 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 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 City of Waycross may use the funds raised from the industrial levy in assisting, promoting

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and encouraging the location of industries in Ware County. Against ratification of an amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware 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, and shall be effective as of January 1, 1962. 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. CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 242 (Senate Resolution No. 109). A Resolution. Proposing an amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political subdivisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the City of Dublin and County of Laurens 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 the City of Dublin and County of Laurens. The city and county may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The city or county is authorized to levy a tax on all taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed. Taxation. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Property. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordination of such development,

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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 City of Dublin or the County of Laurens. 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, etc. 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 City of Dublin and County of Laurens Development Authority. Against ratification of amendment to the Constitution so as to create the City of Dublin and County of Laurens 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 elections for members of the General Assembly, and it shall be the

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duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CHATHAM COUNTYTAXATION. Proposed Amendment to the Constitution. No. 243 (Senate Resolution No. 103). A Resolution. Proposing to the qualified voters of Chatham County an amendment to Article VII, Section I, Paragraph 3 of the Constitution of the State of Georgia of 1945, providing for tax equalization by authorizing levying of taxes other than taxes on real and personal property; by providing for reduction of ad valorem taxes on real and personal property; by providing for a division of tax revenues to benefit Chatham County and the several political subdivisions located wholly within the County of Chatham; providing for the submission of this amendment for ratification or rejection by the people of Chatham County and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. Article VII, Section I, Paragraph III of the Constitution of Georgia, as amended, is hereby amended by adding a new paragraph to read as follows: Paragraph () The County Commissioners and ex-Officio Judges of Chatham County are hereby authorized to levy any county wide tax which is not expressly prohibited by the State of Georgia. Upon the levying and collection of any such tax the net proceeds therefrom shall be divided as follows: one-fourth () to be paid to the Board of Education for the City of Savannah and County of Chatham, one-fourth () to be retained

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in the Treasury of Chatham County, and the remaining one-half () to be divided among the political subdivisions known as Savannah Beach, Town of Thunderbolt, Town of Pooler, Port Wentworth, Garden City, and the Mayor and Aldermen of the City of Savannah, in proportion to their populations. Before any such special tax hereinbefore provided if said constitutional amendment is passed shall be imposed by the authority of this constitutional amendment, the same shall be further submitted to the voters of Chatham County, Georgia in a referendum or at the next general election, notice of said referendum or general election shall be advertised at least thirty days before said referendum or next general election, and the same shall be approved by a majority of the registered voters of Chatham County, Georgia authorized to vote in said referendum or next general election. On the collection and receipt of said proportionate shares of any such tax revenues, the governing bodies of Chatham County, the Board of Education for the City of Savannah and County of Chatham, and the political sub-divisions named herein shall immediately reduce the ad valorem tax on real and personal property levied by the County, the Board of Education for the City of Savannah and County of Chatham, and by each political subdivision in an amount which may be more than, but shall not be less than, fifty (50%) per cent of the amount of tax received by Chatham County, the Board of Education for the City of Savannah and County of Chatham, and each of said political subdivisions. It being the intent of this provision that the ad valorem tax on real and personal property shall be reduced in the proportion that fifty (50%) per cent or more of the new revenue received bares to the total amount of ad valorem taxes actually collected during the preceding year by Chatham County, the Board of Education for the City of Savannah and County of Chatham, and each of the political subdivisions enumerated herein and received a share of such new revenue. Section II. Be it further resolved by the authority

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aforesaid that when this Amendment shall be agreed to by a two-thirds ([frac23]) vote of the members elected to each of the two (2) Houses 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 Chatham County for two (2) months previous to the time of holding the next general election at which members of the General Assembly are elected, and said Amendment shall be submitted to the voters of Chatham County at the next general election. All persons voting at said election in favor of adopting said proposed Amendment to the Constitution, shall have written or printed on the ballot the words, For ratification of amendment to Article VII, Section I, Paragraph 3 of the Constitution of Georgia, providing for tax equalization in Chatham County and in the political subdivisions located therein, and all persons opposed to the adoption of said Amendment shall have written on the ballot the words, Against ratification of amendment to Article VII, Section I, Paragraph 3 of the Constitution of Georgia, providing for tax equalization in Chatham County and in the political subdivisions located therein. If a majority of the electors qualified to vote for members of the General Assembly, voting thereon in Chatham County as a whole, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, the said Amendment shall become a part of Article VII, Section I, Paragraph 3, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.

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LAURENS COUNTYSELECTION OF COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 244 (Senate Resolution No. 107). A Resolution. Proposing to the qualified voters an amendment to the Constitution providing that the County School Superintendent of Laurens County shall be elected by the Board of Education of Laurens County; providing that the Board of Education of Laurens County shall fix the qualifications and compensation of the County School Superintendent; providing 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following; The Board of Education of Laurens County shall elect a Superintendent of Schools of Laurens County. The Board shall fix the Qualifications and compensation of said Superintendent. The Board of Education of Laurens County shall select any person who resides within or without the State of Georgia. Provided that the present Superintendent of Schools of Laurens County shall remain in office until the end of his term in 1962 at which time the Board of Education of Laurens County shall elect a new Superintendent under the above provisions. Election by school board, etc. The term of office of said Superintendent shall be four (4) years. Said Superintendent of Schools shall be subject to all provisions of law relating to County Superintendents of Schools unless otherwise provided herein. Section 2. When the above proposed amendment to

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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 providing for the election of Superintendent of Schools of Laurens County by the Board of Education of Laurens County; providing that said Board shall fix the qualifications and compensation of said School Superintendent. Against ratification of amendment to the Constitution providing for the election of Superintendent of Schools of Laurens County by the Board of Education of Laurens County; providing that said Board shall fix the qualifications and compensation of said School Superintendent. 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 results and certify the results to the Governor, who shall issue his proclamation thereon.

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LAURENS COUNTYELECTION OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 245 (Senate Resolution No. 108). A Resolution. Proposing to the qualified voters an amendment to the Constitution providing that members of the Board of Education of Laurens County shall be elected by the people; providing the terms of office for the members of the Board of Education of Laurens County; providing as to how the different sections of the County shall be represented on the Board; providing for the compensation of Board members; 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 is hereby amended by adding at the end thereof the following: The Board of Education of Laurens County shall be composed of five (5) members, three (3) of whom shall be elected one each from each road district in the County by the voters of the County at large. The fourth and fifth members shall be elected from the County at large by the voters of the County. The above mentioned road districts shall be the same as those designated in an Act creating the Board of Commissioners of Laurens County, approved August 17, 1911 (Ga. L. 1911, p. 453). No person who resides within the area embraced within the territory of an independent school system shall be eligible to vote for any member of the Board of Education. [Illegible Text] stricts, etc. No person shall be eligible for membership on the Board who has not been a resident of Laurens County for

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at least one year immediately preceding the date of his election to said Board and unless such person is a freeholder. [Illegible Text]. Said Board shall hold at least one meeting per month. The members of said Board shall be compensated at the rate of fifteen ($15.00) dollars per meeting, however, said members shall receive such compensation for no more than two (2) meetings per month. Compensation. Said Board of Education shall have all the powers of county boards of education as provided by law except as otherwise herein provided. Powers. Said members shall be elected for four (4) year terms except as hereinafter provided. Said members shall be elected at the same time as members of the General Assembly are elected. The first election for members of the Board of Education shall be held at the same time as the election for membes of the General Assembly in 1964. The members elected to represent each of the three (3) road districts shall serve for a term of four (4) years, the two other members elected shall serve for a term of two (2) years at the end of which time another election shall be held at the same time as the election for members of the General Assembly to fill the vacancy of the two (2) members leaving office. Biennially thereafter the election of successors to the members whose terms expire that year shall be held at the same time as election for members of the General Assembly. Terms, etc. 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:

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For ratification of amendment to the Constitution providing for the election of members of the Board of Education of Laurens County by the people. Against ratification of amendment to the Constitution providing for the election of members of the Board of Education of Laurens 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. CITY OF COCHRAN-BLECKLEY COUNTYMERGER OF SCHOOL SYSTEMS. Proposed Amendment to the Constitution. No. 246 (Senate Resolution No. 131). A Resolution. Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia, so as to provide for the merger of the Cochran Independent School System and the Bleckley County School System into one consolidated school system; to create a board of education having authority to operate said school system; to provide for the members of said

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board; 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 of Georgia, is hereby amended by adding at the end thereof the following: That the existing independent school system of the City of Cochran and the existing school system in the County of Bleckley outside the corporate limits of said city, are hereby merged into one school system, co-extensive with the limits of Bleckley County, and the said existing independent school system of the City of Cochran and the school system of Bleckley County outside the corporate limits of said City of Cochran are hereby abolished. Said merged school districts shall constitute a new school system and districts, and shall constitute a political subdivision of the State of Georgia separate from the political entities of the City of Cochran and the County of Bleckley, and shall be known as the Bleckley County School System. Created. The school system so created is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor. Bonds. The said Bleckley County School System is hereby vested with the power to conduct a system of public education throughout the limits of Bleckley County and with all powers and authorities granted to public school systems and districts by the Constitution and laws of the State of Georgia. Powers. The administration of said Bleckley County School System shall be vested in a board, to be known as the Bleckley County Board of Education, hereinafter referred to as the board. Said board shall have the power to employ and fix the salaries of any and all personnel necessary to

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effectuate the purposes of this amendment. Said board shall consist of five members, two of whom shall reside within the corporate limits of the City of Cochran in the Cochran Militia District, one of whom shall reside in the area included within the Walker and Carey Militia Districts, one of whom shall reside in the area included within the Manning and Salem Militia Districts, and one of whom shall reside within the area included within the Davison, Trippeville and Frazier Militia Districts. Members of board, etc. For the purposes of electing the members of the board, Bleckley County is hereby divided into four (4) districts, as follows: (1) The Cochran District, comprising the Cochran Militia District; Districts. (2) The Walker-Carey District, comprising the Walker and Carey Militia Districts; (3) The Manning-Salem District comprising the Manning and Salem Militia Districts; (4) The Davison-Trippeville-Frazier District comprising the Davison, Trippeville, and Frazier Militia Districts. Thereafter, the boundaries of each district shall be changed by the General Assembly of Georgia. No person shall be elected to said board who does not reside within the district which such person is to represent. Each member of the board shall be elected by the qualified voters of his school district. Each member shall be elected for a term of five (5) years, except that the first elected board members under this provision shall be for such terms as will provide for the expiration of the term of one member of the Bleckley County Board of Education each year. Election, etc. Within fifteen days after the ratification of this

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amendment, it shall be the duty of the Ordinary of Bleckley County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term expires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided. First election. At the election called upon ratification of this amendment, the candidate from the Cochran school district receiving the largest number of votes in the Cochran District shall serve for a term of five (5) years. The candidate from the Cochran school district receiving the second largest number of votes in the Cochran District shall serve for a term of one (1) year. The candidate from the Walker-Carey school district receiving the largest number of votes in the Walker-Carey District shall serve for a term of two (2) years. The candidate from the Manning-Salem District receiving the largest number of votes in the Manning-Salem District shall serve for a term of three (3) years. The candidate from the Davison-Trippeville-Frazier school district receiving the largest number of votes in the Davison-Trippeville-Frazier District shall serve for a term of 4 years. Same. Vacancies on said board shall be filled by the remaining members of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents. Vacancies. With respect to the initial operations of the school system herein created, the Board of Education of Bleckley County, as provided for before this amendment becomes a part of this Constitution, shall exercise all powers

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necessary in order to effectuate the purposes of this amendment until the election provided herein is held and the members of the board are elected and qualified. Initial operation. The General Laws of Georgia shall govern the financial operations of said Bleckley County School System. However, the General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Bleckley County School System and its fiscal affairs, including the right and authority to create indebtedness not in conflict with the Constitution of Georgia, and to enable said Bleckley County School System to contract, and be contracted with, and to do any and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Bleckley County, and to effectuate the purposes of this amendment. Fiscal affairs, etc. The incumbent Bleckley County School Superintendent shall serve as superintendent of the new Bleckley County School System until the end of the term for which he was elected. From and after the ratification of this amendment the voters of Bleckley County shall no longer elect the Bleckley County School Superintendent. The Bleckley County Board of Education herein provided shall elect or employ a superintendent and fix his salary and the term of his office. His employment shall be effective on January 1st immediately following the expiration of the term of office of the superintendent in office at the time of the ratification of this amendment. Superintendent. The General Assembly may authorize the City of Cochran and the County of Bleckley to appropriate money from the general funds to the board for educational purposes, and may grant unto said board all the powers of eminent domain, with all the remedies to execute such powers provided by any other laws of Georgia. General Assembly. The property of the Independent School System of the City of Cochran and the property of the existing school system in the County of Bleckley outside the corporate limits of said city shall become the property of the Bleckley

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County School system as of the effective date of this amendment. Property. The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of Bleckley County. 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, 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 for in said paragraph of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to Article VIII, Section V, Paragraph 1, of the Constitution of Georgia providing for the merger of the independent school system of Cochran and the existing school system of the County of Bleckley. Against ratification of amendment to Article VIII, Section V, Paragraph I, of the Constitution of Georgia providing for the merger of the independent school system of Cochran and the existing school system of the County of Bleckley. 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

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adoption of the proposed amendment shall vote against ratification. If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment 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, if such amendment be ratified, make proclamation thereof. PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 247 (Senate Resolution No. 136). A Resolution. Proposing an amendment to the Constitution so as to create the Paulding County Industrial Building 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof a new paragraph which shall read as follows: A. There is hereby created a body corporate and politic in Paulding County to be known as the Paulding County Industrial Building Authority, which shall be an instrumentality of Paulding County and a public corporation

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and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of six (6) members as follows: The Mayor of the City of Dallas, the Mayor of the City of Hiram, the President of the Paulding County Chamber of Commerce, the governing head of Paulding County, and two (2) members which shall be appointed by the governing head of Paulding County for a term of three (3) years, who shall be eligible for reappointment. In case of a vacancy for an unexpired term said governing Authority of Paulding County shall appoint such person to fill said vacancy. A majority of 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. Members, etc. 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 Paulding County. Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers,

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agents and employees and to provide their compensation and duties, which officers and agents may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Paulding County so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Paulding County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (7) 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 subdivisions may be invested;

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(8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) 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 Paulding County. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority except for expenses actually incurred in carrying out the official business of said Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and 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, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise incumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Paulding County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Paulding County. Bonds.

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H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment in Paulding County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Paulding County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Title to property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Paulding County and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose.

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M. 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 (30) days after such proclamation. Effective date. N. 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 Paulding County and the scope of its operations shall be limited to the territory embraced within said county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. 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 amendment to the Constitution so as to create the Paulding County Industrial Building Authority. Against ratification of amendment to the Constitution so as to create the Paulding County Industrial Building Authority. All persons desiring to vote for the adoption of 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. MORGAN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 248 (Senate Resolution No. 140). A Resolution. Proposing an amendment to the Constitution so as to create the Morgan County Development Authority; 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: There is hereby created a body corporate and politic to be known as the `Morgan 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 the County of Morgan. The County may contract with the Authority as a public corporation as provided by the Constitution of Georgia. [Illegible Text] Morgan County is authorized to levy a tax on all taxable property therein not to exceed one mill for the purpose

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of securing a fund to be set aside and used by said authority for the general purposes hereinafter prescribed. [Illegible Text] The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the County of Morgan. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or Morgan County. 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. Purposes, etc. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments

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falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Sales and leases. 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 Morgan County Development Authority. Against ratification of amendment to the Constitution so as to create the Morgan 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 elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and

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certify the result to the Governor, who shall issue his proclamation thereon. LAURENS COUNTYJUSTICE COURTS. Proposed Amendment to the Constitution. No. 249 (Senate Resolution No. 142). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justices of the peace and notary public ex-officio justices of the peace in Laurens County, and to establish a new court in lieu thereof; 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 VI, Section VII, Paragraph I of the Constitution is hereby amended by striking the words County of Glynn and inserting in lieu thereof the words Counties of Glynn and Laurens, so that when so amended said Paragraph shall read as follows: Paragraph I. Number and Term of Office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by

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justice courts and by justices of the peace and notaries public ex-officio justices of the peace, together with such additional jurisdiction, either as to amount or subject matter as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, as the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, that the General Assembly may, in its discretion, abolish justice courts and the offices of Justice of the Peace and notary public ex-officio justice of the peace in any county in this State having within its borders a city having a population of over twenty thousand, and as well in the Counties of Glynn and Laurens, and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction as to subject matter now exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace; together with such additional jurisdiction, either as to amount or to subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure in such courts and as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, as may be now or hereafter provided by law. Any court so

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established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution 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. 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 authorize the General Assembly to abolish justice courts and the offices of justices of the peace and notary public ex-officio justices of the peace in Laurens County, and to establish a new court in lieu thereof. Against ratification of amendment to the Constitution so as to authorize the General Assembly to abolish justice courts and the offices of justices of the peace and notary public ex-officio justices of the peace in Laurens County, and to establish a new court in lieu thereof. 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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OGLETHORPE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 250 (Senate Resolution No. 146). A Resolution. Proposing an amendment to the Constitution so as to create the Oglethorpe Development Authority; 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, relating to the taxing power and restriction of contributions of counties, cities and political subdivisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the Oglethorpe 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 the County of Oglethorpe. The county may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The county is authorized to levy a tax on all taxable property therein not to exceed two mills for the purpose of securing a fund to be set aside and used by said authority for the general purpose hereinafter prescribed. Taxation. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc.

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All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. Bonds. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for 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 or the County of Oglethorpe. 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. Purposes, etc. 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 Oglethorpe Development Authority. Against ratification of amendment to the Constitution so as to create the Oglethorpe 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.

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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. HARRIS COUNTYFUNDS FOR TAX EQUALIZATION PROGRAM. Proposed Amendment to the Constitution. No. 251 (Senate Resolution No. 148). A Resolution. Proposing an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal; 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: The County Board of Education and the County Board of Health of Harris County are hereby authorized and empowered to use funds of such Boards for the purpose of aiding and defraying the cost of property valuation and tax equalization and reappraisal programs in Harris County. Any such funds so used by said Boards shall be furnished to the governing authority of Harris County to be used in the same manner as other funds of the

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County for such purpose. The said Boards shall not carry on any such programs but are hereby only authorized to furnish funds to the governing authority for such purpose. [Illegible Text] of [Illegible Text] of [Illegible Text] [Illegible Text] health [Illegible Text]. 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 authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal. Against ratification of an amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal. 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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DEPARTMENT OF INDUSTRY AND TRADE. Proposed Amendment to the Constitution. No. 252 (Senate Resolution No. 128). A Resolution. Proposing an amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department; 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 V of the Constitution is hereby amended by adding a new Section and Paragraph to be known as Section X, Paragraph I to read as follows: There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Commerce. There is hereby created a Board of Commissioners of the Department of Industry and Trade to be composed of twenty (20) members, two from each Congressional District in the State, but no two from the same county. The Board shall be the policy determining body of the Departmetn and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The first ten members of the Board shall be appointed by the Governor serving at the time of the ratification of this amendment, and their terms of office shall begin on April 1, 1963. He shall appoint one member from each Congressional District in the State and shall designate their terms of office as follows: Five members shall be appointed for three year terms; five members for six year terms. The other ten members of the Board shall be appointed by the Governor who takes office in January, 1963, and he shall appoint one member from each Congressional District, but not from the same county as any other member already appointed. He shall designate their terms of office

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as follows: Five members shall be appointed for three year terms; five members for six year terms. Thereafter, all terms of all successors, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1st of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. The Board shall appoint a Director who shall be the executive officer and administrative head of the Department. In the event of the ratification of this amendment, the appointments to the Board shall be made as provided herein, but the provisions of law relative to the Department of Commerce, the Director of the Department of Commerce, and the Advisory Board of the Department of Commerce shall remain as presently existing until April 1, 1963. Created, members, etc. 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 Department of Industry and Trade and to provide for a Board of Commissioners for said Department. Against ratification of amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the

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amendment, and all persons desiring to vote against the adoption of this 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 results and certify the results to the Governor, who shall issue his proclamation thereon. MACON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 258 (House Resolution No. 409-832). A Resolution. Proposing an amendment to the Constitution so as to provide for the election by the people of members of the Board of Education of Macon County; to provide that the County School Superintendent of Macon County be elected by the County Board of Education; 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 of Georgia, relating to County Board of Education, is hereby amended, by adding to the end thereof, the following: The Board of Education of Macon County shall be composed of five members, to be elected by the voters of the entire county. For the purpose of electing such members, Macon County is hereby divided into five Education

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Districts. Education District No. 1 shall be composed of all the area within Georgia Militia Districts Numbered 1070 (Oglethorpe) and 740 (Englishville). Education District Number 2 shall be composed of all the area within Georgia Militia District No. 757 (Ideal). Education District Number 3 shall be composed of all the area within Georgia Militia Districts Numbered 814 (Garden Valley), and 1002 (Hicks). Education District Number 4 shall be composed of all the area within Georgia Militia District Number 543 (Marshallville). Education District No. 5 shall be composed of all the area within Georgia Militia District Number 770 (Montezuma). Districts. One member from each of the five Education Districts shall be elected by the voters of the entire county, but in order to be eligible to represent a district on the board, the person must be a resident of said district. If a member removes his residence from the district that he represents, the remaining members of the board shall immediately declare that a vacancy exists and shall fill such vacancy as provided for hereinafter. No person shall be eligible to serve as a member of the Board who has not been a resident of Macon County and the district from which he offers for election for two years immediately preceding the date of his election to such board. Members. Section 2. When the above proposed amendment to the Constitution shall have been favorably acted upon by the two branches of the General Assembly, and shall have been entered on the journal of each branch with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted to the people in the general election to be held in November, 1962, as provided for in Article XIII, Section I, Paragraph I of the Constitution of Georgia, as amended. The ballot submitting the proposed amendment shall have written or printed thereon the following: Ballot. For ratification of amendment to the Constitution so as to provide for the election of the members of the

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Board of Education of Macon County by the people, and for the election of the County School Superintendent by the Board of Education. Against ratification of amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people and for the election of the County School Superintendent by the Board of Education. 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 be 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. In the event this amendment is ratified, it shall be the duty of the Ordinary of Macon County to issue the call for election which call shall be issued at least ten days prior to the date of such election and shall set the date for such election during the month of December, 1962. The date of the election and the purpose thereon will be published by the Ordinary in the official organ of Macon County at least once preceding the election. The members elected at such election shall take office on July 1, 1963, and shall hold office for the following respective terms: The members from Education Districts Nos. 1, 2, and 3, shall hold office until December 31, 1966, and until their successors are elected and qualified; and the members from Education Districts Nos. 4 and 5 shall hold office until December 31, 1964, and until their successors are elected and qualified. All further elections shall be

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held every two years as elections for the General Assembly are held and the members elected shall take office on the 1st day of January immediately following the election. All members elected after the initial election shall serve for a term of four years, and until their successors are elected and qualified. First election. All vacancies on the Board, from what-ever cause resulting, shall be filled from the District for which the vacancy exists by the remaining members of the Board, and any person so elected by the Board to fill such vacancy shall hold office until the 31st day of December after the next election for members of the General Assembly is held, at which time some qualified person will be elected to fill the unexpired term, if any. Section 3. The Board of Education of Macon County in existence at the time of ratification of this amendment is hereby abolished as of June 30, 1963, and the terms of all members of such Board shall expire at that time. All members of the Board at the time of ratification shall continue in office until June 30, 1963, excepting that any vacancy occurring on the Board after ratification and before members elected hereunder take office shall be filled as provided by laws existing prior to such ratification for the filling of such vacancies, and persons elected to fill such vacancies shall hold office only until the time provided for members elected hereunder to take office. Present board abolished. Section 4. The Board of Education of Macon County, at its first meeting in July, 1963, following the election and qualification of its members, shall elect a Chairman, who shall serve for two years and until the next Chairman is elected. Any member may succeed himself as Chairman, at the pleasure of the Board. It is specifically provided that the Chairman of the Board shall vote only in the event of a tie vote among the other members of the full board, except that the Chairman may vote in any instance where one or more of the members of the Board are absent from any meeting and where any one or more members of the Board abstain from voting. Chairman, etc.

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Section 5. The County School Superintendent of Macon County, holding office at the time of the ratification of this amendment shall continue to hold office until the normal expiration of his term on December 31, 1964, except that the Board, at its own pleasure, will fill any vacancy which might occur prior to the normal expiration of such term. Thereafter, the County School Superintendent of Macon County, shall be elected by the Board of Education of Macon County, and shall serve at the pleasure of the Board, and said County School Superintendent shall no longer be elected by the voters of Macon County. The Board of Education of Macon County shall fix the compensation of the County School Superintendent. Superintendent. Section 6. The Board of Education of Macon County, as provided for herein, and the County School Superintendent of Macon County, as provided for herein, shall be subject to all constitutional provisions and to all general statutory provisions relative to county boards of education and county school superintendents, respectively, except that this amendment will prevail when in conflict with any provisions of the general law, and except that the said Board of Education shall not be bound by any provision of law relating to residential requirements of persons elected to the office of County School Superintendent. Intent. Notice. Notice is hereby given that I intend to propose to the General Assembly of Georgia at its next 1962 session the passage of a Resolution to provide for the submission to the voters of Macon County of an amendment to the Constitution of Georgia so as to provide for the election of the members of the County Board of Education of Macon County by the people. One board member will be elected from each of the five education districts of the county and all five members will be elected by the voters of the entire county. Said Resolution provides for the members of the said Board of Education elected pursuant to its provisions, to take office on the 1st day of July, 1963.

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Said Resolution further provides for the present Macon County School Superintendent to hold office until the normal expiration of his term, but thereafter, for the office to be filled by the County Board of Education in the discretion of the County Board of Education. /s/ J. Paul Sinclair, State Representative, Macon County, Georgia. Notice. Notice is hereby given that I intend to propose to the General Assembly of Georgia at its next 1962 session the passage of a Resolution to provide for the submission to the voters of Macon County of an amendment to the Constitution of Georgia so as to provide for the election of the members of the County Board of Education of Macon County by the people. One board member will be elected from each of the five education districts of the county and all five members will be elected by the voters of the entire county. Said Resolution provides for the members of the said Board of Education elected pursuant to its provision, to take office on the 1st day of July, 1963. Said Resolution further provides for the present Macon County School Superintendent to hold office until the normal expiration of his term, but thereafter, for the office to be filled by the County Board of Education in the discretion of the County Board of Education. /s/ J. Paul Sinclair, State Representative, Macon County, Georgia. Georgia, Macon County: J. C. Cox, a resident of said State and county, being first duly sworn, deposes and says that he is the publisher and editor of the Montezuma and Macon County Citizen and Georgian, a newspaper having general circulation in said county, and that the advertisement attached to this affidavit, giving notice of intention to introduce local

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legislation to provide for election of members of the Macon County Board of Education by the people, was run in the said newspaper in the issues published on January 4th, 11th, and 18th, 1962. /s/ J. C. Cox. Sworn to and subscribed before me, this 18th day of January, 1962. /s/ W. F. Blanks, Notary Public, State of Georgia. My Commission Expires November 12th, 1962. (Seal). CITY OF CAIRO DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 266 (House Resolution No. 469-935). A Resolution. Proposing an amendment to the Constitution so as to create a body corporate and politic and a public instrumentality of the City of Cairo to be known as the City of Cairo Development Authority; to provide for its scope and territorial jurisdiction, its powers (including that of eminent domain), authority (including that of issuing revenue bonds for proper Authority purposes and undertakings as such revenue bonds are to be issued and validated under the Constitution and existing laws), funds, purposes, duties, control, organization and procedures, as vested in, or pertaining or connected with the acts and doings of said Authority; to provide that the exercise by said Authority of rights and powers vested in said Authority shall be considered lawful municipal purposes of and for said city for the purposes and to the extent only as stated; to authorize the mayor and council of said city to levy an annual ad valorem tax not exceeding two mills

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to be used in the manner stated in aiding and assisting in the promotion and establishing of new industries, and expansion of existing industries and the expansion of agriculture, trade and commerce within the City of Cairo and Grady 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 VII, Section VII, Paragraph V of this Constitution is hereby amended by adding at the end thereof the following: A. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Cairo and its citizens, industry, agriculture, trade and commerce within the said City of Cairo and within its primary trade area, namely, the remainder of Grady County, and making long range plans for such developments and expansion and to authorize the levy of taxes and the use of public funds of said city for such purposes, and in the furtherance thereof there be and is hereby created a body corporate and politic in said city to be known as City of Cairo Development Authority which shall be an instrumentality of the City of Cairo and a public corporation, hereafter in this amendment sometimes referred to as the `Authority'. The said Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized or acquired by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose, created, etc. B. The Authority shall consist of three members who shall serve for a term of three years and who shall be eligible to reappointment. The members of the Authority shall be elected by the Mayor and Council of the City of Cairo in regular session. The first members shall be elected for terms of one, two and three years, and thereafter their successors shall be elected to serve for a term of three years. Vacancies shall be filled for the unexpired term by the said mayor and council. The majority of the

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members shall constitute a quorum, and the majority may act for the Authority in any matter. No member of the Authority shall be a member of the governing authority of said city, but there shall be no other disqualification to hold public office by reason of membership in the Authority. Members, etc. (a). Until otherwise provided by law the person who shall from time to time be clerk and treasurer of the city of Cairo shall ex officio be the secretary and treasurer of said Authority, and the said secretary-treasurer shall receive such additional compensation for services rendered to the Authority as may be agreed upon and approved by joint action of the Authority and the Mayor and Council of the City of Cairo. It shall be the duty of the Authority to require from the said secretary-treasurer such fidelity bond as they may find necessary for the protection of the funds of said Authority. Secretary, treasurer. C. The Mayor and Council of the City of Cairo are hereby authorized to levy an annual ad valorem tax not exceeding two mills per dollar of assessed valuation on all property located in said City of Cairo, and the funds as produced by such levy to be used by said City of Cairo in aiding and assisting in the promotion and establishing of new industries, the expansion of existing industries, and the expansion of agriculture, trade and commerce within said city and county. Said mayor and council may appropriate and transfer to the aforesaid Authority such amounts from the funds so raised by any such Levy in each year as it may find desirable, and any funds so transferred to the Authority shall become public funds of the Authority and thereafter used by the Authority in accordance with its powers and purposes as herein provided or as may hereafter be prescribed by law; provided, however, that no part of any such fund and no part of any such tax levy which has theretofore been pledged or set aside by resolution of said mayor and council and/or by contract with said Authority to secure the payment of the indebtedness or obligations of said Authority, whether for revenue bonds or other form and evidences

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of indebtedness, shall be transferred by the city to said Authority under the authority of this paragraph, or otherwise used or applied except for payment on such indebtedness or obligations, or the portion thereof for which said tax levy or any part thereof was pledged or set aside, unless the same has been paid in full. [Illegible Text]. D. All lands and improvements including trade fixtures installed therein or thereon, the title to which is vested in the Authority, as well as all other property of the Authority, and all obligations, debentures and revenue bonds issued by the Authority, and the interest payable thereon, shall have the same immunity from taxation as the property, obligations and interest on obligations of the City of Cairo. Property. E. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as either lessor or lessee, and mortgage land, buildings and property of all kinds, whether located in the City of Cairo, or within the limits of Grady County, Georgia. Powers. (2) To purchase existing buildings and/or facilities as well as the land on which the said building or facility is located, and to pay off and retire any bonds or secured indebtedness thereon, and after purchase to improve the same to any extent found by the Authority to be necessary or advisable; and thereafter to lease and/or resell said lands, buildings and facilities for such consideration and under such plan of financing, either by revenue bonds or other forms and evidences of indebtedness and security, as may be determined under the provisions of this amendment. (3) To acquire in its own name by purchase, lease or sales agreement any land, including all buildings or facilities thereon which said Authority may find it advisable to acquire for its authorized corporate and public

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purposes, and to enter into any form of contract with respect to the use or disposal of the same that may be in keeping with the purposes of its creation as herein set forth. (4) To have and be vested with the power of eminent domain to the same extent and in the same manner as may now or hereafter be vested in other political subdivisions of the State, for the purpose of acquiring by condemnation any land together with all buildings, facilities, easement or franchises thereon when the acquisition of the same is found necessary by the Authority for its public or corporate purposes. (5) To borrow money and issue notes, bonds and revenue bonds or certificates therefor and to sell, convey, mortgage, pledge, lease and to assign any or all of its funds, properties and income as security therefor. (6) To contract with the City of Cairo and other political subdivisions and with private persons and corporations for periods of time not in excess of 50 years, as to any phase or aspect of Authority business or affairs herein intrusted to its power and discretion for action and determination, and to be sued in its corporate name. (7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire other agents and employees and to provide their compensation and duties, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority. (8) To encourage and promote the expansion of industry, agriculture, trade and commerce in and for the City of Cairo, and to make long range plans therefor. (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public

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funds of the State of Georgia or any of its political subdivisions may be invested. (10) To designate officers to sign and act for the Authority generally or in any specific matter. (11) To receive and administer gifts, grants and donations and to administer trusts. (12) To do any and all other acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. F. The powers vested in said Authority under paragraphs (1), (2), (3), (4) and (5) of subsection E, of section 1 hereof shall not be exercised in any case where in the holding, purchase, acquisition, leasing, or ownership of property of any kind the Authority incurs or assumes or attempts to incur or assume, any indebtedness or obligation of any nature, directly or indirectly, unless the incurring or assumption of such debt or obligation shall first be approved by the mayor and council of said city; provided, however, that neither the necessity for nor the act of approval by said mayor and council shall render or cause the said City of Cairo to be legally liable or responsible for any such debt or obligation of the Authority. Contracts. G. The proper exercise by said Authority of rights and powers vested in it by and under this amendment are hereby declared to be lawful municipal purposes to the extent, and to the extent only, that the mayor and council of said city are hereby authorized, in the exercise of an exclusive discretion and in the event they find it possible and desirable to appropriate and transfer into the treasury of said Authority, from time to time, any current revenue of the city, or any part thereof, available for use for proper Authority purposes which is not required or pledged for any other municipal purpose and which as it then appears from the records of the city will not be needed to satisfy any budgetary requirement

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of the city for the current year; and in the appropriation or transfer of any such fund the said mayor and council may restrict the use thereof by the Authority to a specific purpose or purposes which restriction shall be binding on said Authority in the use thereof. The provisions of this subsection shall not in any wise affect or impair the city's authority to levy an annual tax as found in subsection C of section 1 hereof. Purposes, funds, etc. H. The Authority with the consent and approval of the Mayor and Council of the City of Cairo is hereby authorized from time to time to issue revenue bonds in order to effectuate and carry out the purposes of this amendment. The principal and interest of such bonds shall be paid from funds and assets available for that purpose. Said revenue bonds may be authorized by resolution of said Authority which may be adopted at a regular or special meeting by a majority vote of the members of the Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued, may in addition to the purchase price of land and the contract price or cost of buildings and improvements included in the undertaking also cover all costs relative to the issuance thereof including engineering, inspection, fiscal and legal expenses and interest on the issue estimated to accrue during the construction period and for six months thereafter, and such bonds shall bear such date or dates mature at such time or times, not exceeding 30 years from their respective dates, bear interest at rates not exceeding six per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of the bonds may provide; and said Resolution in addition to showing the principal amount of the proposed revenue bond issue shall also show their date or dates, denominations, their maturity at such time or times not exceeding 30 years from their respective dates, the interest payable thereon not to exceed six per cent per annum and the times of payment therefor, registration and/or redemption privileges, if any, and such

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other terms, covenants, assignments and conditions as may have been accrued on and determined by said Authority. All bonds and the interest thereof so issued by such Authority are hereby declared to be nontaxable for any and all purposes. In addition to the consent and approval of the Mayor and Council of the City of Cairo, as aforesaid, in the event they have also determined or agreed to pledge in aid and support of said revenue bond issue all or any part of the maximum tax levy authorized by subsection C of section 1 hereof, then and in such event the said mayor and council shall provide for a tax levy by Resolution in the form and manner contemplated and authorized for general obligation bonds by Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945, reciting in said Resolution that said maximum tax levy (if none of the same has been previously pledged for the purposes of this subsection), or some unpledged part thereof, for the whole period of time covered by said issue, or some particular part, denominations, or period thereof, all in the exclusive discretion of said mayor and council, is pledged and irrevocably appropriated, in aid and support of the payment of the principal and/or interest payments on said revenue bonds, or the part or portion thereof as specifically described and identified therein; and the city's obligation as thus determined and agreed upon shall also be represented by a contract between the City of Cairo and said Authority, reciting the same information as to said Revenue Bond issue as set out in the Resolution of said mayor and council prescribed above, and the same pledge and appropriation of tax levy in the aid and support of said Revenue Bonds and the payment thereof as set out in said city Resolution; and upon the passage of said city Resolution and the due execution of said contract, the City of Cairo and its governing authorities, and their successors in office, shall be bound in the same form and manner as provided in Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945 to levy an annual tax up to but not exceeding two mills, in the particular rate as fixed, pledged and appropriated in its said Resolution and in its said contract to

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aid and support said Bond issue and its payment, or some part thereof, all as fixed and determined in its said Resolution and in its said contract. Such bonds as issued by said Authority shall be validated in the Superior Court of Grady County in the same manner as revenue bonds of municipalities are validated by and under Georgia Laws 1937, pages 761 et sequitur, as amended, and in the proceedings to validate such bonds both the City of Cairo and the Mayor and Council of the City of Cairo shall be named as parties defendant. In the event no bill of exception shall be filed within the time prescribed by law, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority and against the Mayor and Council of the City of Cairo or other taxing authority of the said city to the extent of the rate or millage pledged for such purposes by the said city authorities. Bonds. I. 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, income or funds may be sold under legal process or under any power granted by the Authority. Property. J. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or the City of Cairo except to the extent and in the manner with respect to said city as set forth in Subsection H. of Section 1 of this amendment. Debts. K. The members of the Authority shall receive no compensation for their services to the Authority, but may by appropriate resolution entered on their minutes reimburse the members for actual expenses incurred by travel or otherwise in the due performance of their duties as members of the Authority. [Illegible Text]

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L. In all cases where this amendment requires action by the Mayor and Council of the City of Cairo, the same shall take the form of a resolution of said mayor and council duly adopted and entered on its minutes. Actions of City. M. The exemptions from taxation herein provided shall not extend to the property of tenants or lessees of the Authority. Tenants. N. The books and records of the Authority shall be audited at least annually at the expense of the Authority by a competent, independent auditor, and a copy of the same shall be filed in the office of the clerk and treasurer of the City of Cairo, and shall be available for public inspection; and the said City of Cairo may at any time and at its own expense have such books and records audited. Audits. O. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of the purposes set out in this amendment. Construction. P. This amendment is self enacting and does not require any enabling legislation for it to become effective; however, the General Assembly may by law further define and describe 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 of the Authority not inconsistent with the provisions of this amendment. The Authority shall be a public instrumentality of and for the City of Cairo and the scope of its operation shall be limited to the territory embraced within Grady County. General Assembly. Q. 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 30 days after such proclamation. Effective date. Section 2. When the above proposed amendment to

Page 1210

the Constitution has been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and when the same has been entered on their journal with the Ayes and Nays taken thereon, such 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 City of Cairo Development Authority as a body corporate and politic and a public instrumentality; to provide for its scope, territorial jurisdiction powers including that of eminent domain, authority including the issuance of revenue bonds, funds, purposes, duties, control, organization and procedures; to provide that the exercise by said Authority of rights and powers vested in it shall be considered lawful municipal purposes of and for said City to the extent stated; to authorize the mayor and council of the City of Cairo to levy an annual ad valorem tax not exceeding two mills in support of the general purposes for which said Authority is created. Against ratification of amendment to the Constitution so as to create the City of Cairo Development Authority as a body corporate and politic and a public instrumentality; to provide for its scope, territorial jurisdiction, powers including that of eminent domain, authority including the issuance of revenue bonds, funds, purposes, duties, control, organization and procedures; to provide that the exercise by said Authority of rights and powers vested in it shall be considered lawful municipal purposes of and for said city to the extent stated; to authorize the Mayor and Council of the City of Cairo to levy an annual ad valorem tax not exceeding two mills in support of the general purposes for which said Authority is created.

Page 1211

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 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.

Page 1213

ACT AND PROCLAMATIONS EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 April 16, 1962 - April 27, 1962.

Page 1214

A PROCLAMATION BY HIS EXCELLENCY GOVERNOR S. ERNEST VANDIVER OF THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION Whereas: For more than 100 years, the laws and election practices prevailing in Georgia have had the aim of achieving an equitable balance and distribution of electoral and legislative power between rural and urban areas; and Whereas: Heretofore the federal courts scrupulously and wisely have avoided judicial intervention in evaluating and appraising the validity and propriety of the distribution of political power between the constituents of a state, in deference to the dual system of government prevailing in this country and the foremost principle implicit in all concepts of ordered liberty and the separation of powers; and Whereas: On March 26, 1962, the Supreme Court of the United States, departing from firmly established precedents and its constitutionally assigned role as the interpreted of the laws only, has embarked upon a previously forbidden course of judicial experimentation, by declaring henceforth its competence to treat such political questions as being justiciable in nature; and Whereas: The aforesaid decision, Baker v. Carr, together with two cases recently instituted in Georgia as a consequence thereof, present a clear, present and imminent danger to the Georgia laws governing primary elections and the constitutional provisions governing the composition and apportionment of members in the General Assembly; and

Page 1215

Whereas: The next regular session of the General Assembly will not convene in time to consider these grave and impending problems prior to federal court adjudication; and Whereas: It is imperative and necessary that the chosen representatives of the people be apprised of these dangers and afforded an opportunity to enact and propose such measures as may be available and desirable to preserve, protect and defend the traditional, democratic institutions existing in this State; Now, therefore: After careful deliberation and consultation with responsible leaders from all sections of the State, and under and by virtue of the power and authority conferred upon me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby convoke and call a meeting of the General Assembly of this State in extraordinary session at Eleven O'clock a.m., Eastern Standard Time on Monday, April 16, 1962, for the purpose of considering and enacting laws by revision, repeal, amendment or otherwise, relating to primary elections, and to consider, purpose and submit a constitutional amendment or amendments pertaining to the composition and reapportionment of membership in the General Assembly, all of which are found and concluded by me to be of sufficient importance to demand the necessity of such extraordinary session of the General Assembly of Georgia. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 5th day of April, in the year of Our Lord, one thousand nine hundred and sixty-two. S. Ernest Vandiver Governor By the Governor: Ben W. Fortson, Jr. Secretary of State

Page 1216

A PROCLAMATION BY HIS EXCELLENCY GOVERNOR S. ERNEST VANDIVER OF THE STATE OF GEORGIA CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN EXTRAORDINARY SESSION Whereas: On April 5, 1962, an Executive Proclamation was duly issued convening the General Assembly in extraordinary session on April 16, 1962, for the purpose of considering legislation relating to primary elections, and constitutional amendment or amendments relating to the composition and reapportionment in the General Assembly; and Whereas: Subsequent thereto public sentiment throughout the State has indicated a desire on the part of the people's chosen Representatives to also consider statutes and amendments to statutes dealing with the redistricting and composition of the Senate; and Whereas: It is, therefore, deemed appropriate that the chosen Representatives of the people be afforded an opportunity to consider such legislation at the extraordinary session heretofore convened; Now, therefore: Pursuant to and by virtue of power and authority vested in me by the Constitution of Georgia, Article V, Section I, Paragraph XII, I, S. Ernest Vandiver, Governor of Georgia, do hereby amend the Proclamation heretofore issued on April 5, 1962, by adding thereto, immediately following the next to the last paragraph, the following: Said extraordinary session is also called for the purpose of considering and enacting laws by amendment, revision, repeal or otherwise, relating to the composition and reapportionment of the Senate; the creation,

Page 1217

composition, reconstitution, and rearrangement of Senatorial Districts; and the election and nomination of Senators; which is found and concluded by me to be of sufficient importance to demand the necessity of consideration thereof at the extraordinary session previously called and convened. Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 10th day of April, in the year of Our Lord, one thousand nine hundred and sixty-two. S. Ernest Vandiver Governor By the Governor: Ben W. Fortson, Jr. Secretary of State ELECTIONSPRIMARY ELECTIONS. Code 34-3212, 34-3213 Amended. No. 1 (House Bill No. 1). An Act to amend Code section 34-3212, as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 79), relating to the holding of primary elections, so as to allocate county until votes on the basis of population; to provide for tabulation thereof in primary elections; to provide for run-off elections in certain instances; to amend Code section 34-3213, as amended by the aforesaid Act, relating to run-off primary elections so as to redefine in what instances such run-off primary elections must be held; to provide a method for nominating candidates in party primaries; to repeal conflicting laws; and for other purposes.

Page 1218

Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-3212, as amended by an Act approved February 7, 1950 (Ga. L. 1950, p. 79), relating to the holding of primary elections and the tabulation of votes therein, is hereby amended by striking said section, as amended, and by substituting in lieu thereof the following: Section 34-3212. (a) Whenever any political party in this state shall hold a primary election for nomination of candidates for United States Senator, Governor, Lieutenant Governor, Statehouse officers, Justices of the Supreme Court, and Judges of the Court of Appeals, such party or its authorities shall cause all candidates for nominations for said offices to be voted for on one and the same day each year in which there is a regular general election, on such day as now or hereafter may be prescribed by law. Candidates for nominations to the above named offices who receive, respectively, the highest number of popular votes in any given county shall be considered to have carried such county, and shall be entitled to the full vote of such county on the county unit basis as more fully hereinafter set forth. Primary elections. (b) County unit votes shall be allocated among the several counties of this State in accordance with the following bracket system. Population of County Unit Votes 0- 15,000 2 15,001- 20,000 3 20,001- 30,000 4 30,001- 45,000 5 45,001- 60,000 6 60,001- 90,000 8 90,001-120,000 10 120,001-150,000 12 150,001-180,000 14 180,001-210,000 16 210,001-240,000 18 240,001-270,000 20 270,001-300,000 22 Unit votes.

Page 1219

300,001-330,000 24 330,001-360,000 26 360,001-390,000 28 390,001-420,000 30 420,001-450,000 32 450,001-480,000 34 480,001-510,000 36 510,001-540,000 38 540,001-570,000 40 570,001-600,000 42 600,001-630,000 44 630,001-660,000 46 660,001-690,000 48 690,001-720,000 50 and for each 30,000 population in excess of 720,000 said county shall be entitled to an additional (2) unit votes. The county unit votes hereinbefore allocated shall be allocated according to the latest federal decennial census, or any future federal decennial census as officially published from time to time. (c) If in any county two or more candidates should tie for the highest number of popular votes received, the county unit vote of such county shall be equally divided between the candidates so tying. All such county unit votes shall within 10 days after such primary be accurately consolidated by the chairman and secretary of the State committee of the political party holding such primary, and published at least one time in a newspaper published at the Capital, within three days after the completion of the consolidation, certified under the hands and seals of said chairman and secretary; and the candidates for said offices, respectively, who shall receive a majority of all the county unit votes, throughout the entire State, upon the basis above set forth, shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominees of such party for the above named offices, respectively, and it shall be the duty of the State executive committee elected or appointed at

Page 1220

such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates of such party for the offices named: Provided, that in the event there are only two candidates for any particular office referred to in this section, and it shall appear, after the consolidation of all county unit votes throughout the State, that said candidates have received an equal number of county unit votes, the one who shall have received a majority of the popular votes shall be declared by the State convention of the party holding such primary, or the permanent chaiman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office; and provided, however (except as hereinabove provided in case of a tie in unit votes) no political party holding a statewide primary for the nomination of candidates named in this section, as amended, shall declare any candidate for any such office the nominee of said party for such office unless such candidate shall have received in the primary a majority of all the county unit votes as hereinbefore provided for, and also a majority of all the popular votes cast in such primary. If no such candidate shall receive a majority of the county unit votes and also a majority of the popular votes cast in such primary, there shall be a second primary election for such office held in the manner provided in section 34-3213, as amended, between the candidate receiving the greatest number of county unit votes and the candidate receiving the greatest number of popular votes, but if the candidate receiving the greatest number of county unit votes also received the greatest number of popular votes, then the run-off shall be held between the candidate receiving the greatest number of county unit votes and the candidate receiving the next greatest number of popular votes. The results of such run-off primary election shall be determined and given effect as provided in said section 34-3213, as amended. Tie votes, etc. Second primary elections.

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(d) It shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the name of such successful candidate is placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for the office named: Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. Certification of nominees. Section 2. Code section 34-3213, as amended by the aforesaid Act of 1950, relating to run-over primary elections, is hereby amended by striking said section, as amended, and by inserting in lieu thereof the following: Section 34-3213. In the event that a run-off primary is required as provided in section 34-3212, as amended, such political party shall hold a second primary throughout the State on a day fixed by the State Executive Committee of the political party holding such primary, and such run-off primary shall be held between the candidates as provided in Code section 34-3212, as amended. The vote in such runoff primary shall be consolidated and the result declared and certified within 10 days after said second primary election, and published at least one time in a newspaper published at the Capital within three days after the completion of such consolidation, certified under the hands and seals of said chairman or secretary, and the candidate who shall receive a majority of the county unit votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate: and it shall be the duty of the State Executive Committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall

Page 1222

be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held to be the duly nominated candidates of such party for the office named: Provided, that if both candidates for any office in said second primary election shall receive an equal number of county unit votes, after the consolidation of all the county unit votes of all the counties, then said State convention or the permanent chairman thereof, or the Secretary thereof, or other authority of such party, shall declare the candidate receiving the majority of the popular votes cast the regular nominee of such party for that particular office: Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. Run-off elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 27, 1962. A PROCLAMATION BY HIS EXCELLENCY GOVERNOR S. ERNEST VANDIVER OF THE STATE OF GEORGIA ADJOURNING AN EXTRAORDINARY SESSION OF THE GENERAL ASSEMBLY OF GEORGIA Whereas: The General Assembly of Georgia is now in extraordinary session pursuant to Proclamation of the Governor dated April 5, 1962; and Whereas: The House of Representatives, by Resolution adopted this date (HR 43), has voted to adjourn sine die; and

Page 1223

Whereas: The Senate, by a substitute Resolution adopted this date voted to recess subject to the call of the President of the Senate and Speaker of the House; and Whereas: The House of Representatives did on this date disagree to the Senate substitute; and Whereas: There appears to be a disagreement between the two houses as to whether the General Assembly should adjourn sine die or recess; and Whereas: Article III, Section VII, Paragraph XXII of the Constitution of Georgia provides in pertinent part that in case of disagreement between the two houses, on a question of adjournment, the Governor may adjourn either, or both of them; and Whereas: Rule 88 of the House of Representatives and Rule 84 of the Senate also provide in pertinent part that in case of disagreement between the two houses, on a question of adjournment, the Governor may adjourn either, or both of them; and Whereas: I find and conclude that there is a substantial disagreement between the House and Senate on the question of adjournment and that it is deemed advisable and prudent in the best interest of the people of Georgia for the present session of the General Assembly to stand adjourned; now Therefore: Under and by virtue of the power and authority conferred upon me by the Constitution of Georgia, Article III, Section VII, Paragraph XXII, I, S. Ernest Vandiver, Governor of Georgia, do hereby declare and order that the present session of the General Assembly of Georgia, both the House and Senate, be and the same is hereby adjourned sine die at 3:45 p.m., Eastern Standard Time this date. Given under my hand and the Great Seal of the State

Page 1224

of Georgia, at the City of Atlanta, on this 27th day of April, in the year of Our Lord, one thousand nine hundred and sixty-two. S. Ernest Vandiver Governor By the Governor: Ben W. Fortson, Jr. Secretary of State

Page 1225

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 JAMES LEE PERRY Law Assistant F. MILBURN CLYBURN Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk ARTHUR H. CONDINGTON Reporter GEORGE H. RICHTER Assistant Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge IRA CARLISLE Presiding Judge H. E. NICHOLS Presiding Judge JOHN SAMMONS BELL Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge ROBERT L. RUSSELL, JR. Judge CHARLES N. HOOPER 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 CHARLES J. DRIEBE Law Assistant MISS ALFREDDA SCOBEY Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter CHARLES W. BALDWIN Sheriff

Page 1226

SUPERIOR COURT CALENDAR FOR 1962 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, P. O. Box 7, 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, STONEWALL H. DYER, RALPH PHARR, GEORGE P. WHITMAN, SR., SAM P. McKENZIE, 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.

Page 1227

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, 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 second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensFirst Monday in April, and fourth Monday in September.

Page 1228

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 and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, J. R. THOMPSON, Judges, Columbus. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisSecond Mondays in January, May and September. (Eff. May 14, 1962). 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, 510 Fairview Dr., 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.

Page 1229

CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. D. M. JOHNSON, Solicitor-General, 126 Bridge Ave., Forest Park. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HON. JAMES T. MANNING, Marietta; ALBERT J. HENDERSON, JR., 107 Hemlock Dr., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, P. O. Box 152, Marietta. CobbSecond 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, Hillcrest Dr., 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, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 Country Club Rd., 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. HERRY, Judges, Savannah. ANDREW J. RYAN, JR., 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; W. D. AULTMAN, Byron; 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.

Page 1233

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. DodgeThird Mondays in February, 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.

Page 1234

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, Solicitor-General, 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, Solicitor-General, 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.

Page 1235

SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Macon Rd., Americus. STEPHEN PACE, JR., Solicitor-General, 131 N. Hill St., 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, Solicitor-General, 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 Mondays in August and November. Paulding: Second Monday in April; fourth Monday in July; third Monday in October. Polk: Fourth Mondays in February and August.

Page 1236

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, and third Monday in January. WarrenThird Monday in January and first Mondays in April, July and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. 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.

Page 1237

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.

Page 1239

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Americus-Sumter Payroll Development Authority 933 Atlanta, City of; revenue bonds 1002 Authority of counties and municipalities to borrow money 801 Bacon Industrial Building Authority 849 Banks County Industrial Building Authority 939 Barrow County Industrial Building Authority 1027 Berrien County Industrial Building Authority 819 Bibb County; authority to construct, etc. streets, etc. 1112 Brooks County-City of QuitmanMerger of school systems 827 Brooks County Development Authority 1138 Brunswick and Glynn County Development Authority 810 Burke County Development Authority 910 Cairo Development Authority 1200 Candler County Industrial Authority 922 Carrollton, City of; bonds for slum clearance, etc. 1088 Carrollton Payroll Development Authority 1135 Cartersville Development Authority 1021 Catoosa County; sewage districts 892 Cedartown Development Authority 888 Chatham County; fire protection districts 1129 Chatham County; industrial areas 915 Chatham County; taxation 1163 Chattahoochee County; school superintendent 1090 Clarkesville, City of; revenue bonds for nonprofit housing 1149 Clarkesville Industrial Building Authority 898 Cobb County Board of Education 971 Cochran-Bleckly County; merger of school systems 1170 Coffee County Board of Education 1052 Coffee County Recreational Authority 883 Darien, City of; closing and opening of streets 891 Dawson County Industrial Building Authority 1143 DeKalb County Board of Education 998 DeKalb County; junior college 982 DeKalb County; taxes, etc. on businesses operating buses 1133 Dodge County Development Authority 1151 Donalsonville and Seminole County Industrial Building Authority 1015 Dooly County; revenue bonds 803 Dougherty County; fire protection districts 1122 Douglas County; ordinances for policing county 969 Dublin and County of Laurens Development Authority 1160 Early County; tax exemptions for industry 808 Echols County Board of Education 793 Elbert County Board of Education 965 Elbert County; school superintendent 963 Elections; write-in candidates 1013

Page 1240

Emanuel County Development Authority 758 Fayette County Board of Education 795 Fayette County Industrial Building Authority 957 Fitzgerald and Ben Hill Development Authority 1011 Franklin County Industrial Building Authority 1103 General Assembly; appropriations 752 General Assembly; meetings 750 Gilmer County Development Authority 1056 Glascock County; revenue bonds 1065 Gordon County; revenue bonds 988 Gordon County; tax to encourage industry 990 Governor's Veto 790 Greene County Development Authority 985 Griffin Industrial Building Authority 945 Grants to certain counties 1078 Gwinnett County Building Authority 927 Habersham County Board of Education 747 Hall County; construction, etc., of sanitary sewers 1042 Hall County; construction, repair, etc. of streets 980 Hall County; ordinances for policing county 1044 Hall County; storm sewers, etc. 1063 Harris County; funds for tax equalization program 1190 Industry and Trade, Department of 1192 Jenkins County Development Authority 1109 Johnson County Development Authority 780 Kingsland Development Authority 813 Laurens County Board of Education 1168 Laurens County; justice courts 1185 Laurens County; school superintendent 1166 Louisville, City of; tax to promote industry 856 Lumpkin County Industrial Building Authority 1095 Macon-Bibb County; industrial development 885 Macon County Board of Education 1194 Macon County Industrial Building Authority 770 Madison County Industrial Development Authority 951 Mitchell County Development Authority 761 Morgan County Development Authority 1182 Mt. Zion, Turkey Creek and Flint Corner Development Authority 1126 Muscogee County; funds to promote industry 840 Muscogee County; revenue bonds 999 Oconee County Industrial Development Authority 871 Oglethorpe Development Authority 1188 Paulding County Industrial Building Authority 1176 Payment for first commercial oil well 1009 Peach County Board of Education 825 Peachtree City Industrial Building Authority 1033 Perry Industrial Building Authority 1082 Putnam County Board of Education 776 Putnam County; compensation of tax collector and receiver 1101 Rabun County Industrial Building Authority 865

Page 1241

Randolph County Development Authority 834 Revenue Bonds for Slum Clearance, etc. 1005 Richmond County; group insurance for employees 778 Rockdale County-Conyers Water Authority 768 Rockdale County Industrial Building Authority 992 Rome-Floyd County Development Authority 1067 Schley County Development Authority 787 Scholarships and Loans to Medical Students 1039 Screven County Development Authority 1079 Slum Clearance and Redevelopment Programs by Counties 806 Smyrna, City of; homestead exemptions 977 Stephens County Development Authority 877 Stewart County; natural gas system 864 Tax by counties for public transportation 1114 Taxation for school Lunch Purposes 978 Thomson-McDuffie County Industrial Authority 755 Vidalia, City of; tax for support of Vidalia Development Authority 1131 Walker County Development Authority 912 Walton Industrial Building Authority 904 Washington County Board of Education 842 Washington Wilkes Payroll Development Authority 847 Waycross, City of; tax to encourage new industry 1158 Wayne County; county administrator 1118 Wayne County; recall of officers 895 Wayne County; sheriff's duties 1117 Wheeler County; school superintendent 844 White County Industrial Building Authority 1046 Wilcox County Board of Education 1092 Wilkes County; fire prevention districts 798 CODE SECTIONS. 3-202AmendedPending litigation defined 659 3-705, 3-706, 3-711AmendedUniform Commercial Code 156 3-808AmendedUniform Commercial Code 156 8-117AmendedAttachment 520 8-206, 8-207, 8-208, 8-209RepealedUniform Commercial Code 156 8-503, 8-505AmendedGarnishment 717 8-601AmendedAttachment 520 8-603RepealedAttachment 520 12-405RepealedUniform Commercial Code 156 12-601 Through 12-610RepealedUniform Commercial Code 156 13-2034, 13-2035, 13-2036RepealedUniform Commercial Code 156 13-2040, 13-2044, 13-2050RepealedUniform Commercial Code 156 13-9933AmendedWorthless Checks 593 Title 14RepealedUniform Commercial Code 156 14-1801RepealedUniform Commercial Code 156 16-408AmendedBuilding and loan Act amended 464 18-324, 18-325RepealedUniform Commercial Code 156

Page 1242

18-404, 18-405, 18-406, 18-407RepealedUniform Commercial Code 156 20-116AmendedUniform Commercial Code 156 20-209RepealedUniform Commercial Code 156 20-401 (7)RepealedUniform Commercial Code 156 20-704 (3)RepealedUniform Commercial Code 156 20-1106RepealedUniform Commercial Code 156 21-105AmendedCoroner's compensation in certain counties (11,300-11,650) 492 21-105AmendedCoroner's compensation in certain counties (34,100-34,300) 637 21-105AmendedCoroner's salaries in certain counties (500,000 or more) 466 22-706RepealedUniform Commercial Code 156 24-406AmendedJustice of the Peace elections 522 24-407RepealedJustices of the Peace 522 24-1414RepealedUniform Commercial Code 156 24-2104AmendedTransaction of business by ordinaries 519 24-2714AmendedRecording of instruments 639 24-2715AmendedIndex books in certain counties (34,364 - 47,100) 650 24-2715AmendedRecords 662 24-2728AmendedCost in certain superior courts 144 Chapter 25-1AmendedCredit unions 74 27-101AmendedRewards 693 27-103.1EnactedCriminal affidavits and warrants 668 27-104, 27-105AmendedCriminal affidavits and warrants 668 27-405AmendedTestimony of accused 453 28-203, 28-204, 28-205, 28-206RepealedUniform Commercial Code 156 29-301AmendedCovenants running with the land 540 29-405AmendedUniform Commercial Code 156 29-409AmendedUniform Commercial Code 156 29-413AmendedUniform Commercial Code 156 30-102AmendedDivorce 600 30-123AmendedDivorce 597 30-127AmendedCustody of children 713 32-909AmendedTransfer of school sites, etc. 654 34-1301AmendedElection precincts in certain counties (250,000 - 500,000) 468 34-1904AmendedElections 618 34-2001RepealedCampaign expenses 151 34-2002RepealedCampaign expenses 151 34-3212, 34-3213AmendedPrimary elections 1217 34-9907AmendedTestimony of participants 457 34-9920RepealedCampaign expenses 151 38-415AmendedTestimony of the accused 133 38-416AmendedTestimony of the accused 133 38-2111(a), 38-2113(a)AmendedDiscovery and depositions 684 39-123AmendedUniform Commercial Code 156 39-124RepealedUniform Commercial Code 156

Page 1243

40-2002, 40-2003AmendedMileage allowance for State employees 710 40-2503AmendedEmployees' retirement 54 40-2505AmendedEmployees' retirement 54 40-2523AmendedEmployees' retirement 54 40-2525AmendedEmployees' retirement 54 Chapter 40-4AmendedBudget Act 17 46-105AmendedGarnishment 717 46-408EnactedGarnishment 717 46-601, 46-603AmendedGarnishment 717 49-102AmendedNatural guardian defined 97 49-204AmendedGuardian and ward 93 53-102AmendedMarriage 138 56-912AmendedInsurance Code 487 56-1018EnactedInvestments by insurers 664 56-1206AmendedAttorney fees 712 56-2504AmendedInsurance Code 487 58-608AmendedPublic drunkenness 656 59-108AmendedSelection of jurors 117 61-105AmendedLandlord and tenant 463 63-211, 63-212, 63-213, 63-214RepealedUniform Commercial Code 156 Chapter 67-1AmendedUniform Commercial Code 156 Chapter 67-11AmendedUniform Commercial Code 156 67-1107AmendedUniform Commercial Code 156 Chapter 67-13AmendedUniform Commercial Code 156 Chapter 67-14AmendedUniform Commercial Code 156 68-502AmendedMotor carrier defined 630 68-601AmendedFor hire defined 444 74-107AmendedCustody of children 713 75-111AmendedPartnership names 5 76-201AmendedPeace warrants 121 81-1001AmendedEffect of amendment 682 84-103EnactedState Examining Boards 539 84-905, 84-914AmendedMedical Examiners Act 611 Chapter 84-13AmendedBoard of Pharmacy 105 84-1501, 84-1504, 84-1505, 84-1506, 84-1508AmendedVeterinary Medicine 543 87-108, 87-109, 87-110, 87-111, 87-118RepealedUniform Commercial Code 156 91-804AAmendedSale of county-owned property 65 92-1401, 92-1403AmendedMotor Fuel Tax Law 646 92-3002AmendedCredits on income tax 703 92-3002AmendingProfessional associations 454 92-3111AmendedCredits on income tax 703 92-3113AmendedSitus of intangible property 455 92-3701AmendedReserves for improvements in certain counties (250,000 - 500,000) 495 92-3701AmendedSchool lunch programs 458 92-4101AmendedTax rate of City of Springfield 99 92-4101AmendedTown of Pooler 643

Page 1244

92-4105AmendedMunicipal taxation 596 92-4611AmendedTax receivers and commissioners 533 92-4901AmendedTax Collectors 532 92-5301AmendedTax commissioners compensation in certain counties (47,000 - 49,000) 61 94-204RepealedUniform Commercial Code 156 Title 96RepealedUniform Commercial Code 156 99-602AmendedAssistance defined 683 102-108AmendedUniform Commercial Code 156 Chapter 109AEnactedCommercial Code 156 110-401AmendedDefault judgments 687 110-406RepealedDefault judgments 687 112-1AEnactedAgriculture 630 113-1206AmendedNonresident executors 613 113-1211AmendedAdministration of estates 122 113-2001AmendedCommissions of Administrators, etc. 610 114-602AmendedWorkmen's compensation 528 COURTS. SUPREME COURT. Justices' salaries, etc. 3 COURT OF APPEALS. Judges' salaries, etc. 3 SUPERIOR COURTS. Alapaha Circuit; compensation of solicitor-general 136 Assistant solicitors-general in certain circuits (100,000-105,000) 673 Brunswick Circuit; compensation of solicitor-general 451 Clerks' duties in certain counties (7,345 - 7,369) 2981 Clerks' index books in certain counties (46,364 - 47,100) 650 Clerks' records 662 Clerks' retirement Act amended 67 Cobb; salaries 130 Costs in certain courts (65,000 - 72,000) 144 Court reporters, contingent expense allowance 60 Coweta Circuit; judge's salary 722 Dodge; terms 494 Forsyth; terms 99 Harris; terms 538 Jeff Davis; terms 493 Judge Emeritus; duties, etc. 547 Judges' salaries 64 Jury commissioners in certain counties (3,600 - 4,500) 6 Laurens; salary of solicitor-general 139 Method of selecting jurors 117 Recording of instruments 639

Page 1245

Recording of plats of survey 632 Tallapoosa Judicial Circuit; terms 665 Waycross Circuit; compensation of solicitor-general 663 Waycross Circuit; judges' supplement 127 CITY COURTS. Americus; judge's salary 2209 Americus; solicitor's salary 2212 Brunswick; deputy sheriffs, costs 2746 Columbus; salaries, assistant solicitor 2531 Colquitt; judge's salary 2413 Dublin; practice and procedure 2963 Elberton; method of paying solicitor 2883 LaGrange; abolished 3020 Lexington; abolished, referendum 3202 Waynesboro; judge's salary 2068 CIVIL AND CRIMINAL COURTS. DeKalb; jurisdiction 3227 Troup; established 3020 CIVIL COURTS. Fulton; judges' salaries 2610 CRIMINAL COURTS. Fulton; salaries of judges and solicitor 2291 JUVENILE COURTS. Clerks in certain counties (less than 50,000) 518 Glynn; compensation of judge 2267 Judges Pro Tempore 150 Judges' salaries in certain counties (200,00 or more), (250,000 - 350,000) 2380 Judges' salaries in certain counties (500,000 or more) 3080 MUNICIPAL COURTS. Columbus; salaries 2229 Savannah; costs 2298 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. See also proposed amendments to the Constitution. Appling; salary of solicitor-general 451 Atkinson; salary of solicitor-general 136 Bacon; compensation of solicitor-general 663

Page 1246

Banks; meetings of commissioners of roads and revenues 2242 Bartow; compensation of coroner 2248 Berrien; salary of solicitor-general 136 Bibb; compensation of commissioners of roads and revenues 2430 Bibb; industrial authority 2323 Brantley; compensation of solicitor-general 663 Brooks; sheriff placed on fee basis 3155 Bulloch; assistants in office of superior court clerk 2136 Burke; compensation of commissioner of roads and revenues 2066 Burke; employees' pension system 2063 Butts; compensation of board of commissioners and clerk 2138 Butts; coroner placed on salary basis 2135 Butts; treasurer's salary 2141 Camden; salaries of county officers 2105 Camden; salary of solicitor-general 451 Carroll; compensation of commissioners of roads and revenues and clerk 2734 Carroll; salary of judge of superior court 722 Charlton; compensation of solicitor-general 663 Charlton; fire-protection district 2880 Charlton; meetings of commissioners of roads and revenues 3210 Chatham; fire protection districts 2835 Chatham; land for spoilage purposes 2957 Chatham; retirement of employees 2962 Chattahoochee; pensions for employees 3041 Cherokee; election of members of General Assembly 3134 Clayton; fire prevention districts 2257 Clinch; salary of solicitor-general 136 Cobb; Act placing officers on salary basis amended 3218 Cobb; compensation of commissioner and deputy commissioner of roads and revenues 3149 Cobb; compensation of coroner 2437 Cobb; office of tax commissioner 2350 Cobb; records and identification bureau 2574 Cobb; salaries of judges, etc. of superior court 130 Cobb; treasurer's compensation 3145 Coffee; clerical assistance for ordinary 2367 Coffee; compensation of solicitor-general 663 Cook; land conveyance authorized 575 Cook; salary of solicitor-general 136 Coweta; pension and retirement Act amended 2401 Coweta; salary of judge of superior court 722 Dade; clerical help for tax commissioner 2689 Dade; travel expense of commissioner of roads and revenues 2967 DeKalb; bond commission created 2377 DeKalb; board of education 2445 DeKalb; pension board 3088 DeKalb; water works advisory board abolished 2873 Dodge; terms of superior court 494 Dougherty; compensation of employees, of sheriff, ordinary, and clerk of superior court 2371

Page 1247

Dougherty; payroll development authority Act amended 2778 Douglas; compensation of coroner 3201 Early; compensation of commissioners of roads and revenues 2631 Echols; salary of clerk to board of commissioners 2738 Elbert; commissioners of roads and revenues 2319 Elbert; compensation of clerk of superior court 2399 Emanuel; commissioners of roads and revenues, referendum 2359 Fannin; compensation of commissioner and clerk 2149 Floyd; purchasing agent, etc. 3152 Fulton; alternate pension plan for board of education 2948 Fulton; board of education pension Act amended 3013 Fulton; court study commission 2455 Fulton; vacancies on board of commissioners of roads and revenues 3183 Glynn; additional deputy sheriff and jailer 2740 Glynn; annual audits 3043 Glynn; authority of board of education 3045 Glynn; compensation of juvenile court judge 2267 Glynn; salary of solicitor-general 451 Gwinnett; use of slot machines, referendum 2364 Hall; land conveyance authorized 483 Haralson; expense account of treasurer 3136 Haralson; terms of superior court 665 Harris; clerical help for clerk of superior court 3127 Harris; compensation of deputy sheriffs 2235 Harris; terms of superior court 538 Hart; board of finance 2479 Heard; salary of judge of superior court 722 Jackson; compensation of commissioners of roads and revenues 3000 Jeff Davis; salary of solicitor-general 451 Jeff Davis; terms of superior court 493 Lamar; law books 2670 Lanier; salary of solicitor-general 136 Laurens; office of treasurer abolished, referendum 3052 Laurens; voting machines 2968 Lee; law books 2459 Lincoln; commissioners of roads and revenues 2685 Lincoln; treasurer's salary 3036 Long; compensation of tax collector 2073 McDuffie; industrial development authority 2120 Marion; compensation of tax commissioner 2411 Marion; salaries of commissioners of roads and revenues 2879 Meriwether; salary of judge of superior court 722 Monroe; clerical help for tax commissioner 2671 Muscogee; compensation of ordinary 2288 Muscogee; compensation of sheriff 2274 Muscogee; compensation of tax commissioner 2269 Muscogee; county board of commissioners Act, referendum 2164 Muscogee; pension system Act amended 3017 Muscogee; salary of superior court clerk 2189 Paulding; clerical help for tax commissioner 3213

Page 1248

Paulding; commissioner of roads and revenues 3059 Paulding; compensation of coroner 3160 Paulding; county depository 2420 Paulding; office of treasurer abolished 2615 Paulding; terms of superior court 665 Pickens; compensation of commissioner and clerk 2151 Pierce; compensation of solicitor-general 663 Polk; terms of county commissioners, etc. 2128 Putnam; office of tax commissioner, referendum 3048 Putnam; officers placed on salary basis, referendum 2440 Richmond; board of tax assessors review 3172 Richmond; land conveyance 438 Rockdale; confinement of minors in private institutions 3170 Rockdale; county advisors 2312 Spalding; treasurer placed on salary 3068 Sumter; compensation of commissioners of roads and revenues 2255 Sumter; compensation of ordinary 2246 Sumter; compensation of tax commissioner 2237 Sumter; compensation of treasurer 2535 Sumter; salary of clerk of superior court 2691 Talbot; compensation of tax commissioner 2776 Troup; officers placed on salary basis 2093 Troup; rules of board of commissioners 2226 Troup; salary of judge of superior court 722 Ware; compensation of solicitor-general 663 Warren; compensation of commissioner and clerk 2277 Warren; treasurer's salary 2187 Washington; terms of commissioners of roads and revenues 2453 Wayne; commissioners of roads and revenues, referendum 3110 Wayne; salary of solicitor-general 451 White; terms of commissioners of roads and revenues 2386 Whitfield; advisory board to commissioner of roads and revenues 2642 Whitfield; removal of commissioner of roads and revenues 2239 Wilkes; payroll development authority 2635 COUNTIES AND COUNTY MATTERSBY POPULATION. Population Bracket Less than 50,000Clerks of juvenile courts 518 500-2,000Fishing on Sabbath 2344 3,000-3,254Clerks' of commissioners salaries 3081 3,000-3,254Tax commissioners' compensation 3081 3,600-4,500Jury commissioners 6 4,540-4,550Compensation of boards of education 3122 4,540-4,550Compensation of tax receivers and tax collectors 2238 6,500-6,530Trial of traffic cases in courts of ordinary 3146 6,515-6,650Fishing on Sabbath 2344 6,910-6,950Compensation of ordinaries 2226 7,100-7,3201957 Act amended as to traffic cases, no longer applicable to such counties 3146

Page 1249

7,345-7,369Duties of clerk of superior court, referendum 2981 10,140-10,150Fishing on Sabbath 2344 11,300-11,650Coroner's compensation 492 14,500-14,900Used Car Dealers' Registration Act 115 18,000-18,100Small Claims Courts Act amended 2265 19,500-19,700Small Claims Courts Act amended 2182 22,700-23,000No stenographers for grand juries 2287 22,800-23,200Licensing of pinball machines, etc. 2370 31,050-33,0501957 Act providing for hours of holding elections repealed 2964 33,300-34,056Act creating small claims courts amended 3195 34,100-34,300Coroners' compensation 637 34,225-34,500Small Claims Courts Act amended 2425 46,000-47,000Stenographers for grand juries 2287 46,364-47,100Superior Court clerks' index books 650 47,000-49,000Compensation of tax commissioners 61 65,000-72,000Costs in superior courts 144 145,000-185,000Emeritus department heads 2954 200,000 or moreAct fixing salaries of juvenile court judges repealed 2380 250,000-350,000Salaries of judges of juvenile courts 2380 250,000-500,000Election precincts 468 250,000-500,000Reserves for public improvements 495 250,000-500,000Tax collection study commissions 3168 300,000 or moreSalaries of assistant solicitors of traffic courts 2218 500,000 or moreCoroners' salaries 466 500,000 or moreEmeritus positions 2987 500,000 or moreSalaries of Juvenile Court judges 3080 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population Bracket 9,000 or moreRecording of plats of survey 632 300,000 or moreCompensation of joint boards of tax assessors 3162 MUNICIPAL CORPORATIONSNAMED CITIES. See also proposed amendments to the Constitution. Adel; corporate limits 2711 Albany; ad valorem tax rate 2315 Albany; corporate limits, wards, police limits 2782 Albany; payroll development authority Act amended 2778 Albany; salaries of mayor and commissioners 2205 Allentown; charter amended 2845 Americus; corporate limits 2755 Americus; land conveyance 572 Ashburn; authority to close street 2250 Athens; absentee ballots 2674 Athens; authority to close streets 2672

Page 1250

Athens; corporate limits, wards, referendum 2677 Athens; eminent domain 2849 Athens; public transportation system, referendum 2751 Atlanta; authority to close streets 2743 Atlanta; corporate limits 2192 , 2871 , 3128 , 3165 Atlanta; court study commission 2455 Atlanta; creation of emeritus offices 3185 Atlanta; election study commission 3007 Atlanta; qualifications of mayor 2503 Atlanta; punishment for violations of ordinances 2317 Atlanta; tax executions 2357 Atlanta; tax for parks department 2481 Atlanta; use of school buildings for elections 3184 Atlanta; use of tax funds 2597 Augusta; board of tax assessors review 3172 Augusta; civil service commission 2628 Augusta; overhead passageway 2394 Austell; corporate limits 2388 Avera; charter amended 2698 Avondale Estates; corporate limits 3002 Barnesville; charter amended 2048 Blakely; charter amended 2056 Blakely; corporate limits 2059 Braselton; corporate limits 3207 Bremen; charter amended 2199 Brunswick; charter amended 2942 Camilla; corporate limits, referendum 2158 Cartersville; charter amended 2070 Cedartown; corporate limits 2215 Chatsworth; authority to close alley 2477 Chatsworth; corporate limits, referendum 2576 College Park; corporate limits, referendum 2592 , 3084 College Park; elections of mayor, etc., referendum 2599 Columbus; board of managers of city hospital 2207 Columbus; county board of commissioners Act, referendums 2164 Columbus; dates for holding general elections 2201 Columbus; executive board emeritus 2451 Columbus; land conveyance authorized 434 Columbus; restrictions on south commons removed 2196 Columbus; tax rate 2417 Commerce; charter amended 2280 Commerce; corporate limits 2617 Commerce; corporate limits, referendum 2624 Covington; city manager, referendum 3072 Covington; new charter 2003 Dalton; authority over streets, etc. 3215 Dawson; charter amended, referendum 3186 Dawson; corporate limits, referendum, charter amended 2537 Decatur; recorder pro tem. 2959 Douglas; charter amended 2261 Dudley; charter amended, referendum 2528

Page 1251

East Point; authority to convey land 2607 East Point; charter amended 2857 East Point; corporate limits 3082 , 3163 , 3180 East Point; corporate limits, referendum 2473 , 2854 , 2861 , 3130 East Point; employees' retirement, etc. 2865 East Point; municipal court 2859 Eastman; corporate limits 2773 Fitzgerald; corporate limits 2143 Flowery Branch; terms of mayor and aldermen 2960 Forest Park; charter amended 2934 Fort Oglethorpe; corporate limits 2589 Gainesville; corporate limits 2309 Gordon; corporate limits 3056 Griffin; corporate limits 2293 Hampton; assessments for water and sewer lines 2927 Hapeville; charter amended 2983 Hawkinsville; corporate limits 3223 , 3225 Hogansville; charter amended 2088 Hoschton; corporate limits 3209 Ila; terms, etc. of mayor and councilmen 3065 Jefferson; corporate limits, referendum 2620 Kennesaw; corporate limits 2545 Kingsland; hours of holding elections 2108 Kingsland; public utilities 2097 Lake City; charter amended 2585 Leesburg; corporate limits 2703 Lawrenceville; elections 2833 Locust Grove; charter amended 2930 Locust Grove; corporate limits, referendum 2403 McIntyre; corporate limits, referendum 2847 Macon; action in abandoning alley confirmed 2374 Macon; charter amended 2329 , 2815 , 2820 Macon; corporate limits 2824 Macon; elections 2829 Macon; group insurance for employees 2353 Macon; industrial authority 2323 Manchester; chairman of commission, referendum 2422 Manchester; charter amended, referendum 2613 Manchester; city government, referendum 2244 Manchester; corporate limits 2750 Manchester; corporate limits, referendum 2603 Manchester; group insurance for employees, referendum 2396 Marietta; charter amended 2110 Morrow; charter amended 2304 Martinez; chartered, referendum 2713 Milner; authority to close streets 2045 Monroe; capital improvements from utility receipts 2428 Newnan; authority to close certain streets 2382 Palmetto; elections 2851 Pooler; ad valorem taxes 643 Pooler; corporate limits 2704

Page 1252

Pooler; tax rate, referendum 2707 Quitman; new charter 2894 Reidsville; corporate limits 2888 Reynolds; hours of holding elections 2632 Richmond Hill; chartered, referendum 2505 Riverdale; charter amended 2345 Rochelle; new charter 2791 Rome; corporate limits 2218 Rome; public transportation 2415 Rossville; charter amended 3156 Roswell; charter amended 3204 St. Marys; authority to close named streets 2101 St. Marys; hours of holding elections 2104 Screven; charter amended 2875 Shellman; corporate limits 2438 Smyrna; charter amended 2550 Springfield; Code 92-4101 through 92-4104 not applicable 99 Stapleton; land conveyance 565 Temple; name changed to City of Temple 2737 Tennille; corporate limits, referendum 3038 Thomaston; charter amended, referendum 2074 Thomaston; corporate limits 2693 Thomasville; insurance for board of education employees 2301 Thomson; industrial development authority 2120 Thunderbolt; corporate limits 2955 Tifton; charter amended 2336 Unadilla; authority to abandon described alley 2432 Vidalia; charter amended 2581 Wadley; charter amended 2483 Warner Robins; charter amended 2152 Warrenton; corporate limits 2040 Washington; charter amended 2203 Washington; payroll development authority 2635 Watkinsville; elections 2435 Waycross; corporate limits 2041 West Point; authority to convey certain land 3123 West Point; group insurance 2406 White; name changed from Town of White, charter amended 2988 Wrightsville; charter amended 2885 MUNICIPAL CORPORATIONSBY POPULATION. Population Bracket 150,000 or moreEmployees' retirement system Act amended 2893 , 2965 , 3011 , 3015 , 3071 , 3138 , 3140 150,000 or morePension system for fire departments amended 3194 150,000 or morePension system for police departments amended 3193 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Albert G. Allen 2462 Compensation to John Russell Allison 2669

Page 1253

Compensation to Ballentine Motors of Augusta, Inc. 2465 Compensation to Mrs. Blanche Carpenter 2653 Compensation to Derst Baking Co. 2471 Compensation to Fred Dial 2652 Compensation to Lester B. Fallin 2467 Compensation to Mr. and Mrs. Mark Fitzpatrick 2469 Compensation to Georgia Cigar and Tobacco Co. 3010 Compensation to Wise C. Gunnels 2663 Compensation to Grady Haggard 2664 Compensation to Hall Sons Milling Co., Inc. 2649 Compensation to Carl S. Hopkins 2455 Compensation to Melvin Hubbard 2460 Compensation to Dr. Ben Ingram 2662 Compensation to Wanda Jones 2645 Compensation to H. S. Mahan, Jr. 2457 Compensation to Cohen Martin 2458 Compensation to Ralph Mathis 2464 Compensation to R. P. Packard 2655 Compensation to Henry A. Pendley 2654 Compensation to E. Clyde Perkins 2665 Compensation to Mrs. Jim Pollard 2656 Compensation to Rev. E. K. Rice 2647 Compensation to Ernest Paul Rundles 2668 Compensation to W. O. Reed, Jr. 2657 Compensation to E. O. Sams 2466 Compensation to Mrs. Mary W. Screws 2667 Compensation to Mrs. Mary L. Scogin 2472 Compensation to Bernard Smith 2653 Compensation to Vernon Strickland 3009 Compensation to Amy Taylor 2659 Compensation to J. C. Taylor 2658 Compensation to John Lewis Taylor 2659 Compensation to Tommy Lee Taylor 2661 Compensation to M. A. Teal 2456 Compensation to Watkins C. White 2650 Compensation to J. D. Williams 2461 Compensation to James Vester Yeomans 2463 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. City of Americus 572 City of Columbus 434 Cook County 575 Hall County 483 Liberty Independent Troop Corporation 436 Richmond County 438 Town of Stapleton 565 Tugaloo River Islands 578

Page 1254

MISCELLANEOUS RESOLUTIONS. Budget Study Committee 582 City of Atlanta election study commission 3007 Reed Bingham State Park and Lake designated 479 Busts honoring four chief justices 562 Commending State Employees 586 Criminal Law Study Committee 566 Election Laws Study Committee 584 Georgia Housing Administration Committee 590 Gordonia Alatamaha State Park 480 Governor's Mansion Advisory Committee 441 Monument to honor Button Gwinnett 579 Health Code Study Committee 587 Law books to Lamar County 2670 Law books to Lee County 2459 Mansion Sites Commission 577 Metropolitan Atlanta transit study commission 2648 Monument at Vicksburg National Military Park 443 Monument to honor last Confederate veteran 561 Municipal Study Committee 569 General James Edward Oglethorpe Bridge designated 560 Perimeter road around Okefenokee Swamp 564 Police Week and Peace Officers Memorial Day designated 588 Retirement System Study Committee 558 School Bus Drivers' Retirement Study Committee 568 S. Ernest Vandiver Causeway named 69 Wesleyan Conservatory property, acquisition 581 Youth Study Committee 482

Page 1255

INDEX A ACCIDENT VICTIMS No civil Liability for those giving aid 534 ADEL, CITY OF Corporate limits 2711 ADMINISTRATION OF ESTATES Applications of letters, contents 122 ADMISSION OF STUDENTS University system, 1959 Act repealed 528 ADOPTIONS Notice of hearings 524 ADVERTISING False advertising a crime 129 AGRICULTURE See also Commissioner of Agriculture. Dealers in pecan nuts 127 Fertilizer Act of 1960 amended 125 Licensing and bonding of dealers 636 Moisture testing equipment 631 Name of Soil Conservation Districts Law changed 116 Sale of grains 630 Tobacco Boards of Trade 102 ALBANY, CITY OF Ad valorem tax rate 2315 Corporate limits, wards, police limits 2782 Payroll development authority Act amended 2778 Salaries of mayor and commissioners 2205 ALBANY DOUGHERTY COUNTY PAYROLL DEVELOPMENT Cost of project defined 2778 ALLEN, ALBERT G. Compensation for damages 2462

Page 1256

ALLENTOWN, CITY OF Charter amended 2845 ALLISON, JOHN RUSSELL Compensation for damages 2669 AMERICUS, CITY COURT OF Judge's salary 2209 Solicitor's salary 2212 AMERICUS, CITY OF Corporate limits 2755 Land conveyance authorized 572 AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 933 APPLING COUNTY Salary of solicitor-general 451 APPROPRIATIONS Budget Act enacted 17 Budget Bureau 132 Department of Commerce 622 Department of Labor 616 Funds to municipalities 641 Motor vehicles certificate of title Act 446 Procedure, etc., proposed amendment to the Constitution 752 Tax equalization programs 614 Ty Cobb Baseball Memorial Commission 674 Wesleyan Conservatory property 445 ASHBURN, CITY OF Authority to close street 2250 ATHENS, CITY OF Absentee ballots 2674 Authority to close streets 2672 Corporate limits, wards, referendum 2677 Eminent domain 2849 Public transportation system, referendum 2751

Page 1257

ATKINSON COUNTY Salary of solicitor-general 136 ATLANTA, CITY OF Authority to close streets 2743 Court study commission extended 2455 Corporate limits 2192 2871 3128 3165 Creation of emeritus offices 3185 Election study commission 3007 Punishment for violations of ordinances 2317 Qualifications of mayor 2503 Revenue bonds, proposed amendment to the Constitution 1002 Tax executions 2357 Tax for parks department 2481 Use of school buildings for elections 3184 Use of tax funds 2597 ATTACHMENT Procedure 520 ATTORNEY GENERAL Emeritus compensation, etc. 602 Representative of charitable trusts 527 AUGUSTA, CITY OF Board of tax assessors review 3172 Civil service commission 2628 Overhead passageway 2394 AUSTELL, CITY OF Corporate limits 2388 AUTHORITIES See name of Authority. AUTOMOBILE MILEAGE ALLOWANCE State employees 710 AVERA, TOWN OF Charter amended 2698 AVONDALE ESTATES, CITY OF Corporate limits 3002

Page 1258

B BACON COUNTY Compensation of solicitor-general 663 BACON INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 849 BALLENTINE MOTORS OF AUGUSTA, INC. Compensation for damages 2465 BANK DEPOSITS AND COLLECTIONS Uniform Commercial Code 156 BANKS AND BANKING Notaries public 104 Stock in small business investment companies 95 BANKS COUNTY Meetings of commissioners of roads and revenues 2242 BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 939 BARNESVILLE, CITY OF Charter amended 2048 BARTOW COUNTY Compensation of coroner 2248 BARROW COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1027 BASKET FISHING Regulated 477 BEN HILL COUNTY Fitzgerald and Ben Hill Development, proposed amendment to the Constitution 1011 BERRIEN COUNTY Salary of solicitor-general 136

Page 1259

BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 819 BIBB COUNTY Authority to construct, etc. streets, proposed amendment to the Constitution 1112 Compensation of commissioners of roads and revenues 2430 Industrial authority 2323 Industrial development, proposed amendment to the Constitution 885 BIBLES Suspension of sales tax ratified 585 BILLS OF LADING Uniform Commercial Code 156 BINGHAM, REED State Park and Lake named 479 BLAKELY, CITY OF Charter amended 2056 Corporate limits 2059 BLECKLEY COUNTY Merger of school system, proposed amendment to the Constitution 1170 BLECKLEY, LOGAN E. Bust honoring 562 BOARD OF PHYSICAL THERAPY Created 633 BOATING Cash bonds in criminal cases 530 BONDS Cash bonds, game, fish and boating cases 530 Self insurers under Workmen's Compensation Act 528 State employees 644

Page 1260

BRANTLEY COUNTY Compensation of solicitor-general 663 BRASELTON, TOWN OF Corporate limits 3207 BREMEN, CITY OF Charter amended 2199 BROOKS COUNTY Merger of school systems, proposed amendment to the Constitution 827 Sheriff placed on fee basis 3155 BROOKS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1139 BRUNSWICK, CITY OF Charter amended 2942 BRUNSWICK, CITY COURT OF Deputy sheriffs, costs 2746 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 810 BRUNSWICK JUDICIAL CIRCUIT Compensation of solicitor-general 451 BUDGET ACT Enacted 17 BUDGET BUREAU Appropriation 132 BUDGET STUDY COMMITTEE Created 582 BUILDING AND LOAN ACT Act amended 464

Page 1261

BUILDING AND LOAN ASSOCIATIONS Like associations 624 BULK TRANSFERS Uniform Commercial Code 156 BULLOCH COUNTY Assistants in office of superior court clerk 2136 BURKE COUNTY Compensation of commissioner of roads and revenues 2066 Employees' pension system 2063 BURKE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 910 BUTTS COUNTY Compensation of board of commissioners and clerk 2138 Coroner placed on salary basis 2135 Treasurer's salary 2141 C CAIRO DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1200 CAMDEN COUNTY Salaries of county officers 2105 Salary of solicitor-general 451 CAMILLA, CITY OF Corporate limits, referendum 2158 CAMPAIGN EXPENSES Publication, Act repealed 151 CANDLER COUNTY INDUSTRIAL AUTHORITY Created, proposed amendment to the Constitution 922 CARPENTER, MRS. BLANCHE Compensation for damages 2653

Page 1262

CARROLL COUNTY Compensation of commissioner of roads and revenues and clerk 2734 Mt. Zion, Turkey Creek and Flint Corner Development Authority, proposed amendment to the Constitution 1126 Superior court judge's salary 722 CARROLLTON, CITY OF Bonds for slum clearance, etc., proposed amendment to the Constitution 1088 CARROLLTON PAYROLL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1135 CARTERSVILLE, CITY OF Charter amended 2070 CARTERSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1021 CATOOSA COUNTY Sewage districts, proposed amendment to the Constitution 892 CATTLE THIEVES Rewards 693 CEDARTOWN, CITY OF Corporate limits 2215 CEDARTOWN DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 888 CERTIFICATE OF TITLE ACT Amended 79 CHARITABLE ORGANIZATIONS Professional Fund Raising 496 CHARITABLE TRUSTS Legal representatives of beneficiaries 527

Page 1263

CHARLTON COUNTY Compensation of solicitor-general 663 Fire protection district 2880 Meetings of commissioners of roads and revenues 3210 CHATHAM COUNTY Fire protection districts 2835 Fire protection districts, proposed amendment to the Constitution 1129 Industrial areas, proposed amendment to the Constitution 915 Land for spoilage purposes 2957 Retirement of employees 2962 Taxation, proposed amendment to the Constitution 1163 CHATSWORTH, CITY OF Authority to close alley 2477 Corporate limits, referendum 2576 CHATTAHOOCHEE COUNTY Pensions for employees 3041 School superintendent, proposed amendment to the Constitution 1090 CHECKS Crimes, uttering worthless checks 593 Uniform Commercial Code 156 CHEROKEE COUNTY Election of members of General Assembly 3134 CHEROKEE INDIANS Acts repealed 154 CHIEF JUSTICES Busts honoring four chief justices 562 CHILDREN Custody in divorce cases 713 CITY COURT OF AMERICUS Judge's salary 2209 Solicitor's salary 2212

Page 1264

CITY COURT OF BRUNSWICK Deputy sheriffs, costs 2746 CITY COURT OF COLQUITT COUNTY Judge's salary 2413 CITY COURT OF COLUMBUS Salaries, assistant solicitor 2531 CITY COURT OF DUBLIN Practice and procedure 2963 CITY COURT OF ELBERTON Method of paying solicitor 2883 CITY COURT OF LAGRANGE Abolished 3020 CITY COURT OF LEXINGTON Abolished, referendum 3202 CITY COURT OF WAYNESBORO Judge's salary 2068 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Jurisdiction 3227 CIVIL AND CRIMINAL COURT OF TROUP COUNTY Established 3020 CIVIL COURT OF FULTON COUNTY Judges' salaries 2610 CIVIL DEFENSE ACT Emergency interim successors 469 Seat of State Government 475 Sites of government, etc. 473 CLARKESVILLE, CITY OF Revenue bonds for nonprofit housing, proposed amendment to the Constitution 1149

Page 1265

CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 898 CLAYTON COUNTY Fire prevention districts 2257 CLINCH COUNTY Salary of solicitor-general 136 COBB COUNTY Act placing officers on salary basis amended 3218 Board of Education, proposed amendment to the Constitution 971 Compensation of commissioner and deputy commissioner of roads and revenues 3149 Compensation of coroner 2437 Office of tax commissioner 2350 Records and identification 2574 Salary of judges, etc. of superior court 130 Treasurer's compensation 3145 COBB JUDICIAL CIRCUIT Salaries 130 COCHRAN, CITY OF Merger of school system, proposed amendment to the Constitution 1170 COFFEE COUNTY Board of Education, proposed amendment to the Constitution 1052 Clerical assistance for ordinary 2367 Compensation of solicitor-general 663 COFFEE COUNTY RECREATIONAL AUTHORITY Created, proposed amendment to the Constitution 883 COLLEGE PARK, CITY OF Corporate limits, referendum 2592 , 3084 Elections of mayor, etc., referendum 2599 COLQUITT COUNTY, CITY COURT OF Judge's salary 2413

Page 1266

COLUMBUS, CITY OF Board of managers of city hospital 2207 County board of commissioners Act, referendums 2164 Dates of holding general elections 2201 Executive board emeritus 2451 Land conveyance authorized 434 Restrictions on south commons removed 2196 Tax rate 2417 COLUMBUS, CITY COURT OF Salaries, assistant solicitor 2531 COLUMBUS, MUNICIPAL COURT OF Salaries 2229 COMMERCE, CITY OF Charter amended 2280 Corporate limits 2617 Corporate limits, referendum 2624 COMMERCE, DEPARTMENT OF Appropriation 622 Department of Industry and Trade 694 Department of Industry and Trade as successor, proposed amendment to the Constitution 1192 COMMERCIAL CODE Uniform Commercial Code 156 COMMERCIAL PAPER Uniform Commercial Code 156 COMMISSIONER OF AGRICULTURE Emeritus compensation, etc. 602 COMMISSIONER OF LABOR Emeritus compensation, etc. 602 COMMISSION ON AGING Created 604

Page 1267

COMMON CARRIERS For hire defined 444 Motor Carrier defined 630 COMPTROLLER GENERAL Emeritus compensation, etc. 602 CONFEDERATE VETERANS Monument at Vicksburg National Military Park 443 Monument to honor last Confederate veteran 561 CONSTITUTIONAL AMENDMENTS See also Tabular Index on page 1239. Method of certifying results 690 CONYERS, CITY OF Rockdale County-Conyers Water Authority, proposed amendment to the Constitution 768 COOK COUNTY Land conveyance authorized 575 Salary of solicitor-general 136 CORONERS Compensation in certain counties (11,300-11,650) 492 Compensation in certain counties (34,100-34,300) 637 Compensation in certain counties (500,000 or more) 466 CORPORATIONS Building and Loan Associations 624 Transfer of real property 516 CORRECTIONS, DEPARTMENT OF Employees' retirement system 146 CORRECTIONS, STATE BOARD OF Compensation of director 689 First offenders 699 Schools 652 Service with Board in repayment of Medical Scholarships, etc., proposed amendment to the Constitution 1039

Page 1268

COUNTIES See also Name of County and Tabular Index Counties and County Mattersby Population. Authority to borrow money, proposed amendment to the Constitution 801 Civil Defense Act amended 469 , 472 Fund for property valuation programs 447 Grants to counties where State owns 20,000 or more acres of land, proposed amendment to the Constitution 1078 Membership in General Assembly as credit towards employee's retirement 595 Reserves for improvements in certain counties (250,000-500,000) 495 Sale of county owned property 65 Slum clearance programs, proposed amendment to the Constitution 806 Tax for public transportation systems, proposed amendment to the Constitution 1114 COUNTY OFFICERS See also Name of Office and Name of County. Qualifying fees 504 COURT OF APPEALS Judges' salaries, etc. 3 COURT REPORTERS Contingent expense allowance 60 COVENANTS RUNNING WITH THE LAND Restrictions 540 CONVINGTON, CITY OF City manager, referendum 3072 New charter 2003 COWETA COUNTY Pension and retirement Act amended 2401 Superior court judge's salary 722 COWETA JUDICIAL CIRCUIT Judge's salary 722 CREDIT UNIONS Code Chapter 25-1 amended 74

Page 1269

CRIMES Basket fishing 477 Demonstrations on or near State property 73 False advertising 129 Fishing on Sabbath in certain counties (500-2,000) (6,515-6,650), (10,140-10,150) 2344 Illegal night hunting, penalty 671 Manufacture, sale and use of fireworks 11 Payments to unions, etc. 448 Public drunkenness, punishment 656 Sale of muffler cutout, etc. 653 Use of radar and other timing devices 8 Uttering worthless checks, etc. 593 CRIMINAL COURT OF FULTON COUNTY Salaries of judges and solicitor 2291 CRIMINAL LAW STUDY COMMITTEE Expanded 566 CRIMINAL PROCEDURE Forms of affidavits and warrants 668 Testimony of the accused 133 Testimony of accused in courts of inquiry 453 Testimony of participants in election crimes 457 D DADE COUNTY Clerical help for tax commissioner 2689 Travel expense of commissioner of roads and revenues 2967 DALTON, CITY OF Authority over streets, etc. 3215 DARIEN, CITY OF Closing and opening of streets, etc., proposed amendment to the Constitution 891 DAWSON, CITY OF Charter amended, referendums 3186 Corporate limits, referendum, charter amended 2537

Page 1270

DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1143 DECATUR, CITY OF Recorder pro tem. 2959 DEFAULT JUDGMENTS Procedure amended 687 DEKALB COUNTY Board of education 2445 Board of education; proposed amendment to the Constitution 998 Bond commission created 2377 Junior College, proposed amendment to the Constitution 982 Pension board 3088 Taxes on business operating buses, proposed amendment to the Constitution 1133 Water works advisory board abolished 2873 DEKALB COUNTY, CIVIL AND CRIMINAL COURT Jurisdiction 3227 DEPARTMENT OF LABOR Appropriation of funds 616 DEPARTMENT OF PUBLIC SAFETY Disability retirement of employees 152 DEPENDENTS Duty to support where trust, etc, funds available 623 DEPOSITIONS Procedure 684 DERST BAKING COMPANY Compensation for damages 2471 DIAL, FRED Compensation for damages 2652

Page 1271

DISCOVERY Procedure 684 DIVORCE Custody of children 713 Incurable insanity as ground 600 Procedure to remove disabilities 597 Trial of divorce cases 462 DODGE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1151 DODGE COUNTY Terms of superior court 494 DONALSONVILLE AND SEMINOLE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1015 DOOLY COUNTY Revenue bonds, proposed amendment to the Constitution 803 DOUGHERTY COUNTY Compensation of employees of sheriff, ordinary and clerk of superior court 2371 Fire protection districts, proposed amendment to the Constitution 1122 Payroll Development Authority Act amended 2778 DOUGLAS, CITY OF Charter amended 2261 DOUGLAS COUNTY Compensation of coroner 3201 Ordinances, proposed amendments to the Constitution 969 DRUNKENNESS, PUBLIC Punishment 656 DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1160

Page 1272

DUBLIN, CITY COURT OF Practice and procedure 2963 DUBLIN JUDICIAL CIRCUIT Salary of solicitor-general 139 DUDLEY, CITY OF Name changed from Town of Dudley, charter amended, referendum 2528 E EARLY COUNTY Compensation of commissioners of roads and revenues 2631 Tax exemption for industries, proposed amendment to the Constitution 808 EAST POINT, CITY OF Authority to convey land 2607 Charter amended 2857 Corporate limits 3082 , 3163 , 3180 Corporate limits, referendum 2473 , 2854 , 2861 , 3130 Employees' retirement, etc. 2865 Municipal Court 2859 EASTMAN, CITY OF Corporate limits 2773 ECHOLS COUNTY Salary of clerk to board of commissioners 2738 Echols County Board of Educationproposed amendment to the Constitution 793 EDUCATION See also Names of Counties and Municipalities and Tabular Index dealing with population Acts. Financial assistance to certain school districts 71 Grants, 1961 Act amended 552 Minimum Foundation Act amended 9 , 140 School bus drivers sick leave 670 School lunch programs, taxation, proposed amendment to the Constitution 978 Schools operated by Board of Corrections 652 Taxation for independent school systems (school lunch programs) 628 Taxes for school lunch programs 458 Transfer of school house sites 654

Page 1273

ELBERT COUNTY Commissioners of roads and revenues 2319 Compensation of clerk of superior court 2399 Election of Board of Education, proposed amendment to the Constitution 965 School superintendent, proposed amendment to the Constitution 963 ELBERTON, CITY COURT OF Method of paying solicitor 2883 ELECTION LAWS STUDY COMMITTEE Created 584 ELECTIONS Dates for holding primary elections 15 Hours of holding in certain counties (31,050-33,050), 1957 Act repealed 2964 Justice of the Peace 522 Methods of making write-in vote 98 Names on general election ballots 618 Precincts in certain counties (250,000-500,000) 468 Primary elections 1217 Primary Recount Law amended 678 Publication of campaign expenses 151 Qualifying fees 504 Testimony of participants in crimes 457 Write-in candidates, proposed amendment to the Constitution 1013 EMANUEL COUNTY Commissioners of roads and revenues, referendum 2359 EMANUEL COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 758 EMERGENCIES Aid to victims, relief from civil liability 534 EMERGENCY INTERIM SUCCESSORS Civil Defense Act amended 469 EMERITUS DEPARTMENT HEADS Authorized in certain counties (145,000-185,000) 2954 Requirements in certain counties (500,000 or more) 2987

Page 1274

EMERITUS OFFICERS Compensation, etc. of certain emeritus officers 602 EMINENT DOMAIN Special master Act amended 461 EMPLOYEES RETIREMENT ACT Re-establishment of membership 126 Credit for employees of Peace Officers Annuity and Benefit Fund 701 ESTATE INCOME Use for support 623 EXECUTIVE MANSION State Office Building Authority bond limit, etc. 660 EXECUTIVE REVISION OF ACTS Governors veto, proposed amendment to the Constitution 790 EXTRAORDINARY SESSION Primary elections 1217 Proclamations 1214 , 1216 , 1222 F FALLIN, LESTER B. Compensation for damages 2467 FALSE ADVERTISING Crime 129 FANNIN COUNTY Compensation of commissioner and clerk 2149 FAYETTE COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 795 FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 957

Page 1275

FERTILIZER ACT OF 1960 Penalties and reports 125 FIREARMS, ETC. Tax Act repealed as to certain dealers 599 FIREMENS' PENSION FUND ACT Amended 550 FIREWORKS Manufacture, sale and use prohibited 11 FIRST OFFENDERS Honor camps 699 FISHING ON SABBBATH Prohibited in certain counties (500-2,000), (6,515-6,650), (10,140-10,150) 2344 FITZGERALD AND BEN HILL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1011 FITZGERALD, CITY OF Corporate limits 2143 FITZPATRICK, MR. AND MRS. MARK Compensation for damages 2469 FLOYD COUNTY Purchasing agent, etc. 3152 Rome-Floyd County Development Authority, proposed amendment to the Constitution 1067 FLOWERY BRANCH, TOWN OF Terms of mayor and aldermen 2960 FOREST PARK, CITY OF Charter amended 2934 FORSYTH SUPERIOR COURT Terms 99

Page 1276

FORT OGLETHORPE, TOWN OF Corporate limits 2589 FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1103 FULTON COUNTY Alternate pension plan for board of education 2942 Board of education pension Act amended 3013 Court study commission extended 2455 Vacancies on board of commissioners of roads and revenues 3183 FULTON COUNTY, CIVIL COURT OF Judges' salaries 2610 FULTON COUNTY-CITY OF ATLANTA COURT STUDY COMMISSION Extended 2455 FULTON COUNTY, CRIMINAL COURT OF Salaries of judges and solictor 2291 G GAINESVILLE, CITY OF Corporate limits 2309 GAME AND FISH Basket fishing 477 Cash bonds in criminal cases 530 Length of minnow nets 120 Penalty for illegal night hunting 671 GARNISHMENT Procedure, etc. 717 GENERAL APPROPRIATIONS ACT Budget Act enacted 17 Budget bureau 132 Department of Commerce 622 Funds to municipalities 641 Motor vehicle certificate of title Act 446 Procedure, etc., proposed amendment to the Constitution 752 Tax equalization programs 614 Ty Cobb Baseball Memorial Commission 674 Wesleyan Conservatory property 445

Page 1277

GENERAL ASSEMBLY See also Extraordinary Session. Appropriations, proposed amendment to the Constitution 752 Benefits under Employees' Retirement System 54 Meetings, proposed amendment to the Constitution 750 GEORGIA CIGAR AND TOBACCO CO. Compensation for damages 3010 GEORGIA CIVIL DEFENSE ACT Emergency Interim successors 469 Seat of State government 475 Sites of government, etc. 473 GEORGIA FERTILIZER ACT OF 1960 Amended, penalties and reports 125 GEORGIA HISTORICAL COMMISSION Salary of secretary 515 GEORGIA HOUSING ADMINISTRATION COMMITTEE Created 590 GEORGIA INSURANCE CODE Attorney fees for bad faith 712 Code 56-912, 56-2504 amended 487 Investments by insurers 664 GEORGIA PERMIT ACT Enacted 105 GEORGIA POLICE ACADEMY ACT Enacted 535 GEORGIA STATE HIGHWAY AUTHORITY Bonds 91 GEORGIA WAR VETERANS MUSEUM Created, etc. 732 GETTYSBURG Monument to honor last Confederate veteran 561

Page 1278

GILMER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1056 GLASCOCK COUNTY Revenue bonds, proposed amendment to the Constitution 1065 GLYNN COUNTY Additional deputy sheriff and jailer 2740 Annual audits 3043 Authority of board of education 3045 Brunswick and Glynn County Development Authority, proposed amendment to the Constitution 810 Compensation of juvenile court judge 2267 Salary of solicitor-general 451 GORDON, CITY OF Corporate limits 3056 GORDON COUNTY Revenue bonds, proposed amendment to the Constitution 988 Tax to encourage industry, proposed amendment to the Constitution 990 GORDONIA ALATAMAHA STATE PARK Named 480 GOVERNOR Proclamations re: extraordinary session 1214 , 1216 , 1222 Rewards, cattle thieves 693 Veto, proposed amendment to the Constitution 790 GOVERNORS MANSION State Office Building Authority bond limit, etc. 660 GOVERNOR'S MANSION ADVISORY COMMITTEE Created 441 GOVERNOR'S VETO Proposed amendment to the Constitution 790 GRAND JURORS No stenographers provided for in certain counties (22,700-23,000) 2287 Stenographers provided for in certain counties (46,000-47,000) 2287

Page 1279

GRANTS FOR EDUCATION 1961 Act amended 552 GREENE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 985 GRIFFIN, CITY OF Corporate limits 2293 GRIFFIN INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 945 GUARDIAN AND WARD Commissions of guardians, etc. 610 Natural guardian defined 97 Service of process on ward, etc. 93 GUNNELS, WISE C. Compensation for damages 2663 GWINNETT, BUTTON Monument to honor 579 GWINNETT COUNTY Use of slot machines, referendum 2364 GWINNETT COUNTY BUILDING AUTHORITY Created, proposed amendment of the Constitution 927 H HABERSHAM COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 747 HAGGARD, GRADY Compensation for damages 2664 HALL SONS MILLING CO., INC. Compensation for damages 2649

Page 1280

HALL COUNTY Construction of sanitary sewers, etc., proposed amendment to the Constitution 1042 Construction, repairs, etc. of streets, proposed amendment to the Constitution 980 Land conveyance authorized 483 Ordinance for policing county, proposed amendment to the Constitution 1044 Storm sewers, etc., proposed amendment to the Constitution 1063 HAMPTON, CITY OF Assessments for water and sewer lines 2927 HAPEVILLE, CITY OF Charter amended 2983 HARALSON COUNTY Expense account of treasurer 3136 Terms of superior court 665 HARRIS COUNTY Clerical help for clerk of superior court 3127 Compensation of deputy sheriffs 2235 Funds for tax equalization program, proposed amendment to the Constitution 1190 HARRIS SUPERIOR COURT Terms 538 HART COUNTY Board of Finance 2479 HAWKINSVILLE, CITY OF Corporate limits 3223 , 3225 HEALTH CODE STUDY COMMITTEE Created 587 HEALTH INSURANCE State employees health insurance Act amended 51 HEARD COUNTY Superior court judge's salary 722

Page 1281

HIGHWAYS State Highway Authority bonds 91 Use of timing devices prohibited 8 HISTORICAL COMMISSION Salary of secretary 515 HOGANSVILLE, CITY OF Charter amended 2088 HOPKINS, CARL S. Compensation for damages 2455 HOLY BIBLES Suspension of sales tax ratified 585 HOSCHTON, CITY OF Corporate limits 3209 HOUSING Georgia Housing Administration Committee created 590 HOUSING AUTHORITIES Creation ratified 734 Special Master Act applicable 461 HUBBARD, MELVIN Compensation for damages 2460 I ILA, CITY OF Terms, etc. of mayor and councilmen 3065 INCOME TAX Credits for use tax 703 Professional associations 454 INDIANS Acts relating to Cherokee Indians repealed 154

Page 1282

INDUSTRY AND TRADE, DEPARTMENT OF Created, proposed amendment to the Constitution 1192 Successor to Department of Commerce 694 INGRAM, DR. BEN Compensation for damages 2662 INSURANCE Attorney fees for bad faith 712 Code 56-919, 56-2504 amended 487 Investments by insurers 664 INTANGIBLE PROPERTY Situs for tax purposes 455 INVESTMENT SECURITIES Uniform Commercial Code 156 J JACKSON COUNTY Compensation of commissioners of roads and revenues 3000 JACKSON, JAMES Bust honoring 562 JEFF DAVIS COUNTY Salary of solicitor-general 451 Terms of superior court 493 JEFFERSON, CITY OF Corporate limits, referendum 2620 JENKINS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1109 JOHNSON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 780 JOINT SECRETARY, STATE EXAMINING BOARDS See also Name of Examining Board. Venue of actions against State Examining Boards 539

Page 1283

JONES, WANDA Compensation for damages 2645 JUDGMENTS Default judgments 687 JURORS Method of selecting 117 JURY COMMISSIONERS Appointment, etc. in certain counties (3,600-4,500) 6 JUSTICES OF THE PEACE Elections 522 JUVENILE COURTS Clerks in certain counties (less than 50,000) 518 Compensation of judge in Glynn County 2267 Judges pro tempore 150 Judges' salaries in certain counties (500,000 or more) 3080 Salaries of judges in certain counties (200,000 or more), (250,000-350,000) 2380 K KENNESAW, CITY OF Corporate limits 2545 KEROSENE Motor Fuel Tax Law amended 646 KINGSLAND, CITY OF Hours of holding elections 2108 Public utilities 2097 KINGSLAND DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 813 L LABOR, DEPARTMENT OF Appropriation 616

Page 1284

LAGRANGE, CITY COURT OF Abolished 3020 LAKE CITY, CITY OF Charter amended 2585 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Created 736 LAMAR COUNTY Law books 2670 LANDLORD AND TENANT Termination of tenancy at will 463 LANIER COUNTY Salary of solicitor-general 136 LANIER LAKE Lake Lanier Islands Development Authority 736 LAURENS COUNTY Board of Education, proposed amendment to the Constitution 1168 City of Dublin and Laurens County Development Authority, proposed amendment to the Constitution 1160 Justice courts, proposed amendment to the Constitution 1185 Office of treasurer abolished, referendum 3052 Salary of solicitor-general 139 School superintendent, proposed amendment to the Constitution 1166 Voting machines 2968 LAWRENCEVILLE, CITY OF Elections 2833 LEE COUNTY Law books 2459 LEESBURG, CITY OF Corporate limits 2703

Page 1285

LETTERS OF CREDIT Uniform Commercial Code 156 LEXINGTON, CITY COURT OF Abolished, referendum 3202 LIBERTY INDEPENDENT TROOP CORPORATION Land conveyance authorized 436 LINCOLN COUNTY Commissioners of roads and revenues 2685 Treasurer's salary 3036 LOCUST GROVE, TOWN OF Charter amended 2930 Corporate limits, referendum 2403 LONG COUNTY Compensation of tax collector 2073 LOUISVILLE, CITY OF Tax to promote industry, proposed amendment to the Constitution 856 LUMPKIN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1095 LUMPKIN, JOSEPH HENRY Bust honoring 562 Mc McINTYRE, TOWN OF Corporate limits, referendum 2847 McDUFFIE COUNTY Thomson-McDuffie County Industrial Development Authority 2120 Thomson-McDuffie County Industrial Authority, proposed amendment to the Constitution 755

Page 1286

M MACON-BIBB COUNTY INDUSTRIAL AUTHORITY Created 2323 MACON, CITY OF Action in abandoning alley confirmed 2374 Charter amended 2329 , 2815 , 2820 Corporate limits 2824 Elections 2829 Group insurance for employees 2353 Industrial Authority 2323 Industrial development, proposed amendment to the Constitution 885 MACON COUNTY Board of Education, proposed amendment to the Constitution 1194 MACON COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 770 MADISON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 951 MAHAN, H. S., JR. Compensation for damages 2457 MANCHESTER, CITY OF Chairman of commission, referendum 2422 City government, referendum 2244 Charter amended, referendum 2613 Corporate limits 2750 Corporate limits, referendum 2603 Group insurance for employees, referendum 2396 MANSION SITES COMMISSION Extended 577 MARIETTA, CITY OF Charter amended 2110

Page 1287

MARION COUNTY Compensation of tax commissioner 2411 Salaries of commissioners of roads and revenues 2879 MARRIAGE Persons able to contract 138 MARTIN, COHEN Compensation for damages 2458 MARTINEZ, CITY OF Chartered, referendum 2713 MATHIS, RALPH Compensation for damages 2464 MEDICAL EXAMINERS ACT Amended, fees 611 MEDICAL SCHOLARSHIPS Method of repayment, proposed amendment to the Constitution 1039 MERCHANTS Exemptions from certain municipal taxes 596 Tax on dealers in firearms, etc. 599 MERIWETHER COUNTY Superior court judge's salary 722 METROPOLITAN ATLANTA TRANSIT STUDY COMMISSION Created 2648 MILNER, TOWN OF Authority to close named streets 2045 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 9 , 140 Amended, schools operated by Board of Corrections 652

Page 1288

MINNOW NETS Maximum length 120 MITCHELL COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 761 MOISTURE TESTING EQUIPMENT Standards 631 MONROE, CITY OF Capital improvements from utility receipts 2428 MONROE COUNTY Clerical help for tax commissioner 2671 MORGAN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1182 MORROW, CITY OF Charter amended 2304 MOTORCYCLES Riding on motorcycles 716 MOTOR COMMON CARRIERS For hire defined 444 Motor carrier defined 630 MOTOR FUEL TAX LAW Amended 646 MOTOR VEHICLES Certificate of title Act amended 79 Certificate of title Act appropriation 446 Impounding when parked in private areas 146 Sale of muffler cutouts, etc., crimes 653 Used Car Dealers' Registration Act applicable in certain counties (14,500-14,900) 115 MT. ZION, TURKEY CREEK ANTD FLINT CORNER DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1126

Page 1289

MUFFLERS Sales of muffler cutouts, etc., crimes 653 MUNICIPAL COURT OF COLUMBUS Salaries 2229 MUNICIPAL CORPORATIONS See Name of Municipality and Tabular Index under title Municipal CorporationsBy Population. Authority to borrow money, proposed amendment to the Constitution 801 Civil Defense Act amended 469 , 473 Exemption from taxation for certain merchants 596 Funds to construct and maintain streets 641 Membership in General Assembly as credit towards employees' retirement 595 Method of annexing territory 119 Powers of all municipalities 140 MUNICIPAL COURT OF SAVANNAH Costs 2298 MUNICIPAL STUDY COMMITTEE Created 569 MUSCOGEE COUNTY Compensation of ordinary 2288 Compensation of sheriff 2274 Compensation of tax commissioner 2269 County board of commissioners Act, referendums 2164 Funds to promote industry, proposed amendment to the Constitution 840 Pension system Act amended 3017 Revenue bonds, proposed amendment to the Constitution 999 Salary of superior court clerk 2189 MUSEUM Georgia War Veterans Museum created 732 N NEWNAN, CITY OF Authority to close certain streets 2382

Page 1290

NOTARIES PUBLIC Authority defined 104 NUCLEAR COMPACT Southern Interstate Nuclear Compact enacted 505 O OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 871 OGLETHORPE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1188 OGLETHORPE, JAMES EDWARD BRIDGE General James Edward Oglethorpe Bridge designated 560 OIL WELLS Payment for first commercial oil well, proposed amendment to the Constitution 1009 OKEFENOKEE SWAMP Resolution urging opening of perimeter road 564 OLD AGE ASSISTANCE ACT Assistance defined 683 ORDINARIES See also Name of Counties. Compensation in certain counties (6,910-6,950) 2226 Transaction of business 519 P PACKARD, R. P. Compensation for damages 2655 PALMETTO, TOWN OF Elections 2851 PARKING Impounding of vehicles 146

Page 1291

PARTNERSHIPS Names 5 PAULDING COUNTY Clerical help for tax commissioner 3213 Commissioner of roads and revenues 3059 Compensation of coroner 3160 County Depository 2420 Office of treasurer abolished 2615 Terms of superior court 665 PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1176 PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT Amended 39 Retirement of employees 701 PEACE OFFICERS MEMORIAL DAY Designated 588 PEACE WARRANTS Costs to be paid in advance 121 PEACH COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 825 PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1033 PECAN NUTS Dealers defined, etc. 127 PENDING LITIGATION Defined 659 PENDLEY, HENRY A. Compensation for damages 2654

Page 1292

PENSION SYSTEM See Retirement and Names of System. Also Tabular Index under Population Acts. PERKINS, E. CLYDE Compensation for damages 2665 PERRY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1082 PHYSICAL EXAMINATIONS State employees 541 PHYSICAL THERAPY Board of physical therapy 633 PHYSICIANS AND SURGEONS No civil liability for emergency aid to accident victims 534 PICKENS COUNTY Compensation of commissioner and clerk 2151 PIERCE COUNTY Compensation of solicitor-general 663 PINBALL MACHINES Licensing in certain counties (22,800-23,200) 2370 PHARMACY Georgia Permit Act enacted 105 PLATS OF SURVEY Act regulating recording, etc. 632 POLICE ACADEMY ACT Enacted 535 POLICE WEEK Designated 588 POLK COUNTY Terms of county commissioners, etc. 2128

Page 1293

POLLARD, MRS. JIM Compensation for damages 2656 POOLER, TOWN OF Ad valorem taxes 643 Corporate limits 2704 Tax rate, referendum 2707 PRACTICE AND PROCEDURE Adoptions, notice of hearings 524 Attachment cases 520 Application for letters of administration 122 Cash bonds in game, fish and boating cases 530 Default judgments 687 Discovery, depositions, etc. 684 Divorce, incurable insanity as ground 600 Divorce, procedure to remove disabilities 597 Effect of amendment 682 Garnishment 717 Guardian and ward 93 Judge's emeritus 547 Malicious prosecution, (worthless checks) 593 Peace warrants 121 Pending litigation defined 659 Removal of telephones used for illegal purposes 149 Testimony of accused in courts of inquiry 453 Testimony of the accused in criminal cases 133 Testimony of participants in election crimes 457 Time of filing defensive pleading 687 Trial of divorce cases 462 Transaction of business by ordinaries 519 Transfer of real property by corporations, presumptions 516 Uniform Commercial Code 156 PRIMARY ELECTIONS Dates for holding 15 Unit votes, etc. 1217 PRIMARY RECOUNT LAW Amended 678 PRIVATE PARKING AREAS Impounding of vehicles 146

Page 1294

PROBATION, STATEWIDE ACT Compensation of director 691 Subsistance allowance of members of State board of probation 16 PROFESSIONAL ASSOCIATIONS Income tax 454 PROFESSIONAL FUND RAISING Act regulating 496 PROPERTY VALUATION PROGRAMS Capital funds for loans to counties 447 PUBLIC DRUNKENNESS Punishment 656 PUBLIC SAFETY, DEPARTMENT OF Disability retirement of employees 152 PUBLIC SERVICE COMMISSIONERS Emeritus compensation, etc. 602 For hire defined 444 Motor carrier defined 630 PUBLIC WELFARE Aid to disabled Act amended 592 Old Age Assistance Act amended 683 PUTNAM COUNTY Compensation of tax collector and tax receiver, etc., proposed amendment to the Constitution 1101 Officers placed on salary basis, referendum 2440 Office of tax commissioner, referendum 3048 PUTNAM COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 776 Q QUITMAN, CITY OF Merger of school systems, proposed amendment to the Constitution 827 New charter 2894

Page 1295

R RABUN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 865 RADAR Use by police prohibited 8 RANDOLPH COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 834 REAL PROPERTY Covenants running with the land 540 Transfers by corporations 516 REED, W. O., JR. Compensation for damages 2657 REIDSVILLE, CITY OF Corporate limits 2888 REIDSVILLE STATE PARK Renamed Gordonia Alatamaha State Park 480 RETIREMENT Compensation of certain emeritus officers, etc. 602 Credit for membership in General Assembly 595 Credit for service with Peace Officers' Annuity and Benefit Fund 701 Department of Corrections employees 146 Department of Public Safety employees 152 Firemen's pension fund Act amended 550 Peace Officers Annuity and Benefit Fund Act amended 39 Reestablishment of membership in State employees' retirement system 126 State employees retirement system Act amended 54 Superior court clerk's retirement Act amended 67 Teachers' Retirement System Act amended 666 , 723 RETIREMENT SYSTEM STUDY COMMITTEE Created 558

Page 1296

REVENUE See also Taxation. Capital fund for loans to counties 447 Funds for tax equalization programs 614 REVENUE BONDS Slum clearance, proposed amendment to the Constitution 1005 REVENUE COMMISSIONER Bond 123 REWARDS Arrest, etc. of cattle thieves 693 REYNOLDS, CITY OF Hours of holding elections 2632 RICE, REVEREND E. K. Compensation for damages 2647 RICHMOND COUNTY Board of tax assessors review 3172 Group insurance, proposed amendment to the Constitution 778 Land conveyance authorized 438 RICHMOND HILL, CITY OF Chartered, referendum 2505 RIVERDALE, CITY OF Charter amended 2345 ROCHELLE, CITY OF New charter 2791 ROCKDALE COUNTY Confinement of minors in private institutions 3170 County advisors 2312 ROCKDALE COUNTY-CONYERS WATER AUTHORITY Created, proposed amendment to the Constitution 768 ROCKDALE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 992

Page 1297

ROME, CITY OF Corporate limits 2218 Public transportation system 2415 ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1067 ROSSVILLE, CITY OF Charter amended 3156 ROSWELL, CITY OF Charter amended 3204 RUNDLES, ERNEST PAUL Compensation for damages 2668 RUSSELL, RICHARD BREVARD Bust honoring 562 S ST. MARYS, CITY OF Authority to close named streets 2101 Hours of holding elections 2104 SALES Uniform Commercial Code 156 SAMS, E. O. Compensation for damages 2466 SAVANNAH, MUNICIPAL COURT OF Costs 2298 SCHLEY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 787 SCHOOL BUS DRIVERS Sick leave 670

Page 1298

SCHOOL BUS DRIVERS RETIREMENT STUDY COMMITTEE Created 568 SCHOOL LUNCH PROGRAMS Taxation by independent system 628 Taxation, proposed amendment to the Constitution 978 Taxes 458 SCHOOL SUPERINTENDENT, STATE Emeritus compensation, etc. 602 SCOGIN, MRS. MARY L. Compensation for damages 2472 SCREVEN, CITY OF Charter amended 2875 SCREVEN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1079 SCREWS, MRS. MARY W. Compensation for damages 2667 SEAT OF STATE GOVERNMENT Civil defense Act amended 475 SECRETARY OF STATE Building and Loan Associations 624 Building and Loan Commissioner 464 Certification of results of Constitutional Amendments 690 Emeritus compensation, etc. 602 Regulation of professional fund raising 496 Salary of secretary of Georgia Historical Commission 515 SECURED TRANSACTIONS Uniform Commercial Code 156 SEMINOLE COUNTY Donalsonville and Seminole County Industrial Building Authority, proposed amendment to the Constitution 1015

Page 1299

SHELLMAN, TOWN OF Corporate limits 2438 SHIPPERS Payments to unions, etc. 448 SLUM CLEARANCE Programs, proposed amendment to the Constitution 806 Revenue bonds, proposed amendment to the Constitution 1005 SMALL BUSINESS INVESTMENT COMPANIES Stock ownership by banks 95 SMALL CLAIMS COURTS Act creating in certain counties amended (18,000-18,100) 2265 Act creating in certain counties amended (19,500-19,700) 2182 Act creating in certain counties amended (33,300-34,056) 3195 Act creating in certain counties amended (34,225-34,500) 2425 SMITH, BERNARD Compensation for damages 2653 SMYRNA, CITY OF Charter amended 2550 Homestead exemptions, proposed amendment to the Constitution 976 SOIL CONSERVATION DISTRICTS LAW Name changed 116 SOLICITORS-GENERAL See also Name of Judicial Circuit. Representatives of Charitable trusts 527 SOUTHERN INTERSTATE NUCLEAR COMPACT Enacted 505 SPALDING COUNTY Treasurer placed on salary 3068 SPECIAL MASTER ACT Condemning body defined 461

Page 1300

SPRINGFIELD, CITY OF Code 92-4101 through 92-4104 not applicable 99 STAPLETON, TOWN OF Land conveyance authorized 565 STATE BOARD OF CORRECTIONS See Corrections, State Board of STATE BOARD OF MEDICAL EXAMINERS Fees 611 STATE BOARD OF WORKMEN'S COMPENSATION Salaries of board members and employees 94 STATE COMMISSION ON AGING Created 604 STATE EMPLOYEES See also Retirement. Assistance to school districts with 3% of children, etc. of State employees 71 Automobile mileage allowance 710 Bonds 644 Department of Corrections, retirement 146 Health insurance Act amended 51 Physical examinations 541 Re-establishment of membership in retirement system 126 Resolution commending 586 Retirement system Act amended 54 Strikes prohibited 459 STATE EXAMINING BOARDS See also Name of Examining Board. Venue of actions 539 STATE OFFICE BUILDING AUTHORITY Bonds, executive mansion 660 STATE PROPERTY Demonstrations on or near State property 73 STATE REVENUE COMMISSIONER Bond 123

Page 1301

STATE-WIDE PROBATION ACT Amended, subsistance allowance of board members 16 Compensation of director 691 STEPHENS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 877 STEWART COUNTY Natural gas system, proposed amendment to the Constitution 864 STRICKLAND, VERNON Compensation for damages 3009 STUDENT HOUSING REVENUE BONDS University System Building Authority Act amended 37 STUDENTS University system, 1959 Act repealed 528 SUMTER COUNTY Americus-Sumter Payroll Development Authority, proposed amendment to the Constitution 933 Compensation of commissioners of roads and revenues 2255 Compensation of ordinary 2246 Compensation of tax commissioner 2237 Compensation of treasurer 2535 Salary of clerk of superior court 2691 SUPERIOR COURTS See also Name of Court. Alpha Circuit; solicitor-general 136 Assistant solicitors-general in certain circuits (100,000-105,000) 673 Brunswick Circuit; solicitor-general 451 Clerks duties in certain counties (7,345-7,369) 2981 Clerks' index books in certain counties (46,364-47,100) 650 Clerks' records 662 Clerks' retirement Act amended 67 Cobb; salaries 130 Court costs in certain counties (65,000-72,000) 144 Court reporters, contingent expense allowance 60 Coweta Circuit; judge's salary 722 Dodge; terms 494 Forsyth; terms 99

Page 1302

Harris; terms 538 Jeff Davis; terms 493 Judges Emeritus, duties, etc. 547 Judges' salaries 64 Jury commissioners in certain counties (3,600-4,500) 6 Laurens; solicitor-general 139 Recording of instruments 639 Recording of plats of survey 632 Selection of jurors 117 Tallapoosa Circuit; terms 665 Waycross Circuit; solicitor-general 663 Waycross Circuit; judge's supplement 127 SUPERVISOR OF PURCHASES Bonds of State employees 644 SUPREME COURT Justices' salaries, etc. 3 T TALBOT COUNTY Compensation of tax commissioner 2776 TALLAPOOSA JUDICIAL CIRCUIT Terms 665 TAXATION See also Revenue; Municipalities; Counties; and Names of Particular County or City. Credit for use tax on income tax 703 Income tax on professional associations 454 Independent school systems 628 Motor Fuel Tax Law amended 646 School lunch programs, proposed amendment to the Constitution 978 Situs of intangible property 455 Suspension of sales tax on Bibles, etc, ratified 585 Tax by counties for public transportation systems, proposed amendment to the Constitution 1114 Tax on certain dealers (firearms, etc.) repealed 599 Trailer licenses 450 TAX ASSESSORS See Names of Counties and Municipalities and Tabular Index for Population Acts. TAX COLLECTORS See also Name of County. Compensation in certain counties (4,540-4,550) 2238

Page 1303

TAX COLLECTORS See also Name of County. Not required to make rounds 532 TAX COMMISSIONERS See also Names of Counties. Compensation in certain counties (47,000-49,000) 61 Not required to make rounds 533 Salaries in certain counties (3,000-3,254) 3081 TAX EQUALIZATION PROGRAM Financing of, proposed amendment to the Constitution 801 TAX RECEIVERS See also Name of County. Compensation in certain counties (4,540-4,550) 2238 Not required to make rounds 533 TAYLOR, AMY Compensation for damages 2659 TAYLOR, J. C. Compensation for damages 2658 TAYLOR, JOHN LEWIS Compensation for damages 2659 TAYLOR, TOMMY LEE Compensation for damages 2661 TEACHERS' RETIREMENT SYSTEM ACT Amended 666 , 723 Transfer of credits 54 TEAL, M. A. Compensation for damages 2456 TELEPHONES Removal when used for illegal purposes 149 TEMPLE, CITY OF Name changed from Town of Temple 2737 TENANCY AT WILL Termination 463

Page 1304

TENNILLE, CITY OF Corporate limits, referendum 3038 THOMASTON, CITY OF Charter amended, referendum 2074 Corporate limits 2693 THOMASVILLE, CITY OF Insurance for board of education employees 2301 THOMSON, CITY OF Thomson-McDuffie County Industrial Development Authority 2120 THOMSON-McDUFFIE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2120 Created, proposed amendment to the Constitution 755 THUNDERBOLT, TOWN OF Corporate limits 2955 TIFTON, CITY OF Charter amended 2336 TOBACCO BOARDS OF TRADE Authority to establish, etc. 102 TRAFFIC COURTS Salaries of solicitors in certain counties (300,000 or more) 2218 TRAFFIC ON HIGHWAYS Uniform Act amended, motorcycles 716 TRAILERS Licenses 450 TRAVELING SALESMEN Exemption from certain municipal taxes 596 TREASURER, STATE Emeritus compensation, etc. 602

Page 1305

TROUP COUNTY Enforcement of rules of board of commissioners 2226 Officers placed on salary basis 2093 Superior court judge's salary 722 TROUP COUNTY, CIVIL AND CRIMINAL COURT Established 3020 TRUSTEE SAVING ACT OF 1949 Amended, beneficiary defined 645 TRUSTS Trustee Saving Act of 1949 amended 645 Use for support 623 TUGALOO RIVER Conveyance of islands to United States 578 TY COBB BASEBALL MEMORIAL COMMISSION Appropriation 674 Created 706 U UNADILLA, CITY OF Authority to abandon described alley 2432 UNIFORM COMMERCIAL CODE Enacted 156 UNITED STATES Conveyance of islands in Tugaloo River 578 UNIVERSITY SYSTEM Admissions, 1959 Act repealed 528 UNIVERSITY SYSTEM BUILDING AUTHORITY ACT Bonds 37 URBAN REDEVELOPMENT LAW Amended, property of veterans' organizations 702

Page 1306

USED CAR DEALERS' REGISTRATION ACT Applicable in certain counties (14,500-14,900) 115 V VANDIVER, S. ERNEST S. Ernest Vandiver Causeway named 69 VEHICLES Impounding when parked in private areas 146 VETERANS War veterans museum 732 VETERANS' ORGANIZATIONS Urban redevelopment programs 702 VETERINARY MEDICINE Licensing, etc. 543 VETO Governor's veto, proposed amendment to the Constitution 790 VICKSBURG NATIONAL MILITARY PARK Monument 443 VIDALIA, CITY OF Charter amended 2581 Tax rate for support of Vidalia Development Authority, proposed amendment to the Constitution 1131 W WADLEY, CITY OF Charter amended 2483 WALKER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 912 WAREHOUSE RECEIPTS Uniform Commercial Code 156

Page 1307

WARNER ROBINS, CITY OF Charter amended 2152 WARREN COUNTY Compensation of commissioner and clerk 2277 Treasurer's salary 2187 WARRENTON, CITY OF Corporate limits 2040 WASHINGTON, CITY OF Charter amended 2203 Payroll Development Authority 2635 Terms of commissioners of roads and revenues 2453 WASHINGTON COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 842 WASHINGTON-WILKES PAYROLL DEVELOPMENT AUTHORITY Created 2635 Created, proposed amendment to the Constitution 847 WALTON INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 904 WARE COUNTY Compensation of solicitor-general 663 WATKINSVILLE, TOWN OF Elections 2435 WAYCROSS, CITY OF Corporate limits 2041 Tax to encourage new industry, proposed amendment to the Constitution 1158 WAYCROSS JUDICIAL CIRCUIT Compensation of solicitor-general 663 Judge's supplement 127

Page 1308

WAYNE COUNTY Commissioners of roads and revenues, referendum 3110 County administrator, proposed amendment to the Constitution 1118 Recall of officers, proposed amendment to the Constitution 895 Salary of solicitor-general 451 Sheriff's duties, proposed amendment to the Constitution 1117 WAYNESBORO, CITY COURT OF Judge's salary 2068 WELFARE Aid to disabled Act amended 592 Old Age Assistance Act amended 683 WEIGHTS AND MEASURES Moisture testing equipment 631 WESLEYAN CONSERVATORY Appropriation to acquire property 445 Acquisition of property 581 WEST POINT, CITY OF Authority to convey certain land 3123 Group insurance 2406 WHEELER COUNTY County school superintendent, proposed amendment to the Constitution 844 WHITE COUNTY Terms of commissioners of roads and revenues 2386 WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1046 WHITE, CITY OF Name changed from Town of White, charter amended 2988 WHITE, WATKINS C. Compensation for damages 2650

Page 1309

WHITFIELD COUNTY Advisory board to commissioner of roads and revenues 2642 Removal of commissioner of roads and revenues 2239 WILCOX COUNTY Board of Education, proposed amendment of the Constitution 1092 WILLIAMS, J. D. Compensation for damages 2461 WILKES COUNTY Fire Prevention Districts, proposed amendment to the Constitution 798 Payroll Development Authority 2635 Washington-Wilkes County Payroll Development Authority, proposed amendment to the Constitution 847 WILLS AND ADMINISTRATION OF ESTATES Application for letters of administration 122 Commissions of executors, etc. 610 Nonresident executors 613 WORKMEN'S COMPENSATION Bonds of self insurers 528 Salaries of board members and employees 94 WRIGHTSVILLE, CITY OF Charter amended 2885 WRITE-IN VOTES Method of making 98 Y YEOMANS, JAMES VESTER Compensation for damages 2463 YOUTH STUDY COMMITTEE Created 482

Page 1310

POPULATION BY COUNTIES 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

Page 1311

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

Page 1312

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

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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

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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

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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., Resigned 2-14-62 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

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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

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham SPANCE M. GRAYSON RFD, Wilmington Island, Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELL Pembroke Third DistrictBRANTLEY, Wayne, Long W. C. LONG Nahunta Fourth DistrictCHARLTON, Glynn, Camden OSCAR E. RAYNOR Folkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELL Waycross Sixth DistrictECHOLS, Lowndes, Lanier DAN J. DeLOACH Statenville Seventh DistrictTHOMAS, Grady, Mitchell DR. J. ROLAND CLANTON P.O. Box 540, Thomasville Eighth DistrictDECATUR, Seminole, Miller J. WILLS CONGER Bainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWS Edison Tenth DistrictLEE, Dougherty, Worth JACK BELL Leesburg Eleventh DistrictRANDOLPH, Terrell, Clay J. T. DAILEY Cuthbert Twelfth DistrictQUITMAN, Stewart, Webster ROBERT McKENZIE Georgetown Thirteenth DistrictMACON, Schley, Sumter JOHN T. McKENZIE Montezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DYKES Cochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs JOHN C. PETERSON Ailey Sixteenth DistrictLAURENS, Treutlen, Emanuel WM. MALCOLM TOWSON Dublin Seventeenth DistrictJENKINS, Screven, Burke A. SID NEWTON Millen

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Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERS Sou. Fin. Bldg., Augusta Nineteenth DistrictWARREN, Taliaferro, Greene W. TOM VEAZEY Warrenton Twentieth DistrictBALDWIN, Hancock, Washington FLOYD HARRINGTON Milledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson J. W. CLAXTON, Resigned 2-14-62 Wrightsville Twenty-Second DistrictMONROE, Butts, Lamar ROBERT OGDEN PERSONS, SR. Forsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONES Roberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HARRY C. JACKSON 1718 - 3rd Ave., Columbus Twenty-Fifth DistrictHARRIS, Upson, Talbot E. MULLINS WHISNANT Hamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette ROBERT H. SMALLEY, JR. Griffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee TALMADGE F. HARDEN Commerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. R. LAMBERT Madison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR. Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVES Hull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERS Toccoa Thirty-Second DistrictLUMPKIN, Dawson, White ERWIN OWENS Dahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBY 1239 Riverside Dr., Gainesville Thirty-Fourth DistrictDeKALB, Gwinnett, Rockdale W. HUGH McWHORTER 124 Atlanta Ave., Decatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLY Monroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCK Newnan

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Thirty-Seventh DistrictCARROLL, Troup, Heard EARL STAPLES Carrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk SAMUEL U. BRALY Dallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee J. L. WHITE Douglasville Fortieth DistrictTOWNS, Union, Rabun ZELL MILLER Young Harris Forty-First DistrictGILMER, Pickens, Fannin CHARLES EMERSON WATERS Ellijay Forty-Second DistrictBARTOW, Chattooga, Floyd WILLIAM A. INGRAM Cartersville Forty-Third DistrictWHITFIELD, Gordon, Murray ERWIN MITCHELL Dalton Forty-Fourth DistrictDADE, Walker, Catoosa GASTON V. GREEN Rising Fawn Forty-Fifth DistrictIRWIN, Ben Hill, Telfair OTTO GRINER Ocilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. D. JOHNSON Blackshear Forty-Seventh DistrictCOLQUITT, Tift, Turner SAM J. GARDNER, JR. Moultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox ELDEN W. MATHEWS Cordele Forty-Ninth DistrictEVANS, Bulloch, Candler G. ED PERRY Claxton Fiftieth DistrictOGLETHORPE, Clarke, Wilkes HAMILTON McWHORTER, JR. Lexington Fifty-First DistrictTWIGGS, Houston, Bibb MARK W. FITZPATRICK Jeffersonville Fifty-Second DistrictFULTON CHARLIE BROWN P. O. Box 30, Atlanta 1 Fifty-Third DistrictBROOKS, Berrien, Cook DAN F. HART Quitman Fifty-Fourth DistrictJEFF DAVIS, Tattnall, Appling GORDON KNOX, JR. Hazlehurst

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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 1645 Meadow Lane, N.E., 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 Brantley, Hines L. Candler Metter 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

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Busbee, George D. Dougherty 2003 Nottingham Way, Albany Bynum, Knox Rabun Clayton Caldwell, Johnnie L. Upson Thomaston 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, Marcus Mitchell 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.

Page 1322

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., Rsg. 2-5-62 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 Johnson, Marion Merrill, Sr. Jenkins 314 Harvey St. Deceased 2-7-62 Millen Joiner, Francis Washington P. O. Box 151 Tennille

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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 Lee, Grover B. Clinch DuPont Lee, William J. Bill Clayton Rt. 1 Forest Park Lewis, E. Brooks Wilkinson P. O. Box 296 Gordon 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

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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., Rsg. 4-27-62 Ware Rt. 4, Waycross Parker, W. C. Bill Appling Baxley Resigned 3-31-62 Parmer, Hershel W. Heard Roopville

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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 Rainey, Howard Crisp 201 - 8th St., S. Cordele 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

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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 Tabb, Buck Miller Colquitt Tamplin, Howard, Rsgd. 2-24-62 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

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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 1328

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 Resigned 3-31-62 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

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Butts Bailey Woodward Jackson Calhoun W. Harvey Jordan Leary Camden J. Nolan Wells Kingsland Candler Hines L. Brantley 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 Grover B. Lee DuPont 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

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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 Howard Rainey 201 - 8th St., S. 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

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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 1645 Meadow Lane, N.E., 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

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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., Deceased 2-7-62 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 Marcus Collins Pelham Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard Tamplin, Rsg. 2-24-62 Madison

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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

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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. Bridsong 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, Rsg. 4-27-62 Rt. 4, Waycross Ben A. Hodges, Rsg. 2-5-62 Waycross Warren Jack B. Ray Norwood Washington Francis Joiner P. O. Box 151, Tennille

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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 E. Brooks Lewis P. O. Box 296, Gordon Worth David C. Jones Box 90, Sylvester

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR YEARS 1953-1961 AS OF APRIL, 1962 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 9 1 37 1961 27 .. 1 26 TOTAL 270 22 10 238

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REFERENDUM ELECTIONS1953-1960 The Act, approved March 4, 1953 (Ga.L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum electiosn 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 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 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 Agn 648 Cherokee 2668 Certain county officers on salary basis 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 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 For 154 Agn 164

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McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 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 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 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. Agn 716 Clarke 3057 Merger city and county school systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13

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DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For 4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 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.

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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 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 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 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

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Colquitt 2830 City of Moultrie 10- 1-56 * * City vote: West Moultrie Area: For1986; Agn169 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 vote: Area 1-West Moultrie Area: For 99; Agn 57 Area 2Colonial Heights Area: For145; Agn 83 Area 3-Crestwood Gardens Area: For 27; Agn 87 Area 4-East Moultrie Area: For 41; Agn147 Area 5-Tifton Highway Area: For 29; Agn107 Area 6-Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 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 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

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Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 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 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41; Agn 159

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Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 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 Agn 314 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 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99

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Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; 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 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934

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Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 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 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 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 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283

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Chattahoochee 2554 Compensation of Sheriff 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 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 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 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; Agn 1 Effected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96

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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: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Fulton and Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton and Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton and Clayton 3212 City of East Point 7-16-58 For 63 Agn 28

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Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 Gainesville City Commission 4- 1-58 For 925 Agn 169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 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: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

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Pulaski 2826 Tax Commissioner 11- 4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn257 Tift 2697 City of Tifton 5- 7-58 For669 Agn 43 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 For 19 Agn100 Wilkes 2091 County Commissioners 11- 4-58 For749 Agn 98 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 For 79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For 7 Agn 36 Bartow 2907 City of White 5-16-59 For 27 Agn 45

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Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For1522 Agn 509 Clayton and Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton and Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton and Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton and Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569

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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. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291

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Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For 810 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 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 276 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For 320; Agn 146 Douglas and Cobb. 2118 City of Austell 3-26-60 For 27 Agn 38

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Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur 12- 7-60 Status unknown Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 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 For 6 Agn 0 Fulton and Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County officers on salary basis 4-28-60 For 822 Agn 835 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 Agn 959 Jefferson 2913 Town of Avera 9-15-60 Status unknown

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Lamar 2294 Certain County officers on salary basis 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 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 For 8; Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952

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Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County officers on salary basis 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806 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.

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Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Void 1 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Void 3 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held

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Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void1 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245

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Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Void6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224 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.

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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