Acts and resolutions of the General Assembly of the state of Georgia 1964 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE,: PRESS OF LONGINO PORTER, INC. 19640000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 19640000 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 1964 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 1229. The proposed amendments to the Constitution were grouped together beginning at page 775 of Volume One and are followed by a complete index beginning at page 1075. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. There are no intervening pages between 1229 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT. No. 523 (Senate Bill No. 180). An Act to establish a new minimum foundation program for the education of Georgia's children and youth to equalize educational opportunities in the public schools throughout the State; to provide a short title; to provide for administration of the minimum foundation program; to provide for use of appropriations and for distribution of funds to local units of school administration; to provide powers and duties of the State Board of Education; to provide powers and duties of the State Superintendent of Schools; to provide for the period of time of operation of public schools; to provide for local units of school administration and their eligibility to receive State funds; to provide the procedure for employment of personnel by

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local units of school administration; to provide for certification and the classification of professional school personnel; to provide for denial and revocation of certificates; to provide for definitions; to provide for the establishment of a schedule of minimum salaries; to authorize salary supplements; to enumerate items of cost to be included in the calculated cost of the minimum foundation program of local units; to provide the procedure for determining local financial ability to support the minimum foundation program; to provide for the allotment of teachers; to provide for the allotment of certificated professional personnel; to provide for a determination of the amount of funds necessary to pay salaries of such personnel; to provide for a determination of the amount of funds necessary for the payment of maintenance, operation, sick leave expenses, textbooks, consumable instructional material and supplies, library books, and nonconsumable teaching material and aids; to provide for isolated schools; to provide for a determination of the amount of funds needed to pay expenses of pupil transportation; to provide for the establishment of a uniform minimum salary schedule for school bus drivers; to provide for the use of State-bid prices; to provide for pupil transportation; to provide for minimum specifications for school buses; to provide for a determination of the amount of funds needed by local units for travel expenses; to provide for the establishment of special programs of education; to provide for the cost of public school education television services; to provide a method for calculation of financial ability of local units to support the minimum foundation program; to provide for additional allotment of State funds for specified purposes to the extent that funds may be appropriated by the General Assembly therefor; to provide for allotment of capital outlay funds and the procedure connected therewith; to provide for allotment of librarians and State funds for county and regional public libraries; to authorize the operation of summer school education programs by local units; to authorize year-round operation of public schools; to authorize the establishment of a contingency fund within specified limits and to authorize the use thereof by the

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State Board of Education for specified purposes; to provide for a determination of the amount of funds needed for administering the school lunch program, for providing vocational education programs, for operation of State vocational-technical schools, for providing a program of vocational rehabilitation, for operation of State schools for the deaf and blind, for salaries of teachers and other professional personnel in public schools operated within certain correctional institutions, and for operation of other special schools for exceptional persons; to authorize local units to prescribe longer school year terms, employ additional teachers, and to provide for payment of additional salaries by local units in such cases; to provide for the establishment of a uniform budget and accounting system for control of finances of local units; to provide for maintenance of uniform records and accounts by local units; to specify information to be furnished local units each year for budget and accounting purposes; to provide for school budgets of local units; to provide for State approval of local budgets; to provide for hearings and judicial review; to provide for the establishment of a financial review section in the Department of Education and to authorize review of financial records and accounts of local units; to provide for withholding of State funds upon failure of local units to provide or use local funds as required by this Act; to provide for hearings and judicial review; to provide a method whereby the State Board may obtain State bids on behalf of local units on standard items of school equipment, supplies and services and other standard expenses; to authorize local units to obtain competitive bids; to provide for the distribution of State funds to local units and the procedure connected therewith; to provide for initial and mid-term adjustment of allotments of personnel and State funds to local units; to provide for reduction in allotments of State funds due to inadequate State appropriation and support of the minimum foundation program or any purpose thereunder; to authorize the State Board to permit State funds to be paid to a local unit for non-resident pupils attending school in the local unit because of compelling reasons or circumstances; to authorize local units to contract for the

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care, transportation and education of pupils, and for other purposes as may be authorized by law; to authorize the inauguration of a student honors program; to authorize educational research; to authorize the State Board to establish a State agency for surplus property and to authorize certain cooperative agreements; to authorize the State Board to organize and reorganize the State Department of Education from time to time; to provide for the use of Georgia products; to provide for withholding of State funds from local units failing to comply with the provisions of school laws and the rules, regulations, policies, standards and requirements established by the State Board pursuant to such laws and for notice, hearing and right of judicial review; to provide that the provisions of this Act shall be subject to and administered pursuant to the provisions of the budget laws of this State; to provide for other matters relevant to the foregoing; to provide for severability; to provide for specific repeals; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title .The short title of this Act shall be the Minimum Foundation Program of Education Act. Section 2. Establishment of Minimum Foundation for Education Program .The General Assembly of Georgia, recognizing the importance and extreme necessity of providing improved educational opportunity for all Georgianschildren, youth, and adults; of establishing equality of educational opportunity for Georgia's children and youth regardless of where they may live or what their station in life may be; of establishing and maintaining minimum standards for public schools so that every Georgia child and youth can attend an accredited public school; of improving the quality of education through continued development and improvement of balanced programs designed to provide academic and occupational preparation of Georgia's children and youth for adult life in this age; of developing a public school program that will attract, hold and fully utilize competent professional personnel in the public school systems of this State; of establishing and maintaining adequate

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planning, research and experimentation programs so as to assure continued future improvement of public school education in Georgia; of providing for better efficiency in the operation of public schools, elimination of waste, and better utilization of existing school services and facilities; of the need to finance adequately the improvement of Georgia's public education program and facilities; of the need to assure Georgia's children and youth of receiving an improved minimum level of education; and of the need for providing a method whereby all Georgians shall pay their fair share of the cost of such program, and recognizing fully its responsibility to provide a means whereby the foregoing needs might more readily be met, does hereby establish a State Minimum Foundation Program for the education of Georgia's children and youth. Section 3. Powers and Duties of the State Board of Education .The State Board of Education shall adopt and prescribe all rules, regulations and policies required by provisions of this Act, and shall adopt and prescribe such other rules, regulations and policies as may be reasonably necessary or advisable for proper implementation, enforcement and carrying out of provisions of this Act and other public school laws, or for assuring a more economical and efficient operation of the public schools of this State, or any phase of public education in the public schools of this State. The State Board shall establish and enforce minimum standards for operation of all phases of public school education in Georgia and for operation of all public elementary and secondary schools and local units of school administration in Georgia so as to assure, to the greatest extent possible, equal and adequate educational programs, curricula, offerings, opportunities and facilities for all Georgia's children and youth, and economy and efficiency in administration and operation of public schools and public school systems throughout the State. The State Board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public education in the public elementary and secondary schools of Georgia. All rules, regulations, policies and standards adopted or prescribed by the State Board in carrying

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out the provisions of this Act and other school laws shall, if not in conflict therewith, have the full force and effect of law. Section 4. Powers and Duties of the State Superintendent of Schools .The State Superintendent of Schools shall be the executive officer of the State Board of Education, the administrative officer of the State Department of Education, and shall be responsible for the administration and enforcement of all provisions of this Act and other school laws in accordance with the provisions of such laws and rules, regulations, policies and standards adopted or prescribed by the State Board of Education for the implementation, administration or enforcement of such laws. Section 5. Operation of Public Schools; School Year and School Month .Public elementary and secondary schools of this State receiving State-aid under provisions of this Act shall be operated for a period of time to be determined by the State Board of Education which shall not be less than nine school months during each fiscal school year. Twenty school days shall constitute a school month. The fiscal school year shall begin on the first day of July and end on the 30th day of June of each year. Section 6. Local Units of School Administration; Eligibility to Receive State Funds .The several county, independent, and area public school systems of this State, as now or hereafter established pursuant to provisions of law, shall be local units of schools administration for the purposes of this Act. The qualifications, manner and time of selection, election or appointment, tenure, State compensation if provided for, and powers and duties of superintendents and members of boards of education of the several local units of administration shall be as prescribed by law, provided, however, that such superintendents and members of local boards of education shall comply with, execute, and enforce the provisions of this Act and other school laws, and provisions of rules, regulations, policies and standards adopted by the State Board of Education pursuant thereto, in order to render the respective local units of administration eligible to receive State funds under provisions of this Act.

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Section 7. Local Units of School Administration; Employment of Personnel .All teachers, principals, other certificated professional personnel, and all other school personnel of local units of administration shall be employed by local boards of education on the recommendation of the superintendent of schools of the local unit. Provided, however, any board, by a vote of three-fourths of the entire membership of such board, may employ teachers, principals, other certificated professional personnel and all other school personnel without the recommendation of the superintendent. Minimum qualifications for employment of all school personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals and other certificated professional personnel shall be in writing and shall be signed in duplicate by such personnel on their own behalf and by the local superintendent of schools on behalf of the local board of education. Section 8. Certification and Classification of Professional School Personnel; Revocation of Certificates; Definitions .The State Board of Education shall provide, by regulation, for certifying and classifying all teachers and other certificated professional personnel employed in the public schools of this State, and no such personnel shall be employed in the public schools of this State unless they shall hold a certificate issued by the State Board certifying to his or her qualifications and classification in accordance with such regulations. The State Board shall establish such number of classifications of teachers and other certificated professional personnel as the Board may, in its discretion, find reasonably necessary or desirable in the operation of the public schools, provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The State Board is authorized to provide, by regulation, for revoking or denying certificates for good cause, after investigation is had and notice and hearing is provided the certificate holder. The State Board shall, by regulation, define the term certificated professional personnel, as used in this Act, and shall designate and define the various classifications of

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professional personnel employed in the public school of this State that shall be required to be certificated under provisions of this Section. Without limiting the generality of the foregoing, the term certificated professional personnel shall be deemed to include principals, instructional supervisors, visiting teachers, school librarians, guidance counselors, and county or regional librarians. Section 9. Schedule of Minimum Salaries; Supplementing Salaries by Local Units .The State Board of Education shall establish a schedule of minimum salaries which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board for services to be rendered during not less than 200 working days. Said minimum salary schedule shall be established on an index basis, and shall provide a minimum base salary for each classification of professional personnel required to be certificated, and for increment increases above the minimum base salary of each classification of such personnel based upon the individual experience and length of service of such personnel and such other uniformly applicable factors as the State Board may, in its discretion, find relevant to the establishment of such a schedule. Said minimum salary schedule shall, in all other respects, be uniform, with no differentiation being made on the basis of subjects or grades taught. The State Board is hereby authorized to modify and adjust the minimum salary schedule at such times and in such manner as the Board may, in its discretion, find reasonably necessary and advisable for the more efficient operation of the public schools of this State. An index salary schedule shall be construed to mean a type of salary schedule established upon a set of relationships respecting salaries to be paid personnel according to various classifications, such relationships to be expressed as ratios which are above or below an index value of 100 to be attributed to certificated professional personnel with a bachelor's degree and no experience. All State funds now or hereafter made available to the State Board for the purpose of paying salaries of teachers or other certificated professional personnel employed by local units of administration shall be made available to local units and to

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such personnel employed by them in accordance with the index schedule of minimum salaries. Local units of administration shall not pay to any teacher or other certificated professional personnel in its employment a salary less than that prescribed by the index schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel, and in fixing the amount thereof may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and individual worth of the particular personnel whose salary is being supplemented. Supplements paid shall, in all other respects, be uniform. Section 10. Calculated Cost of Minimum Foundation Program of Local Units .The total amount of funds needed by a local unit of administration in order to provide a minimum foundation program of education, as contemplated by provisions of this Act, shall be deemed to be the sum arrived at by adding the amount of funds, calculated in the manner provided for in this Act, needed by the local unit of administration for the following purposes: (a) Payment of teachers' salaries as provided for in Section 11. (b) Payment of salaries of other certificated professional personnel as provided for in Section 12. (c) Payment of maintenance, operation and sick leave expenses as provided for in Section 13. (d) Purchase of free textbooks as provided for in Section 14. (e) Purchase of consumable instructional materials and supplies as provided for in Section 15. (f) Purchase of school library books and non-consumable taching materials and aids as provided for in Section 16. (g) Payment of additional cost of operating isolated schools as provided for in Section 17.

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(h) Payment of expense of pupil transportation as provided for in Section 18. (i) Payment of travel expenses as provided for in Section 19. (j) Payment of cost of providing special education programs as provided for in Section 20. (k) Defraying the local units' share of the cost of the State-wide public school educational television program as provided for in Section 21. The sum arrived at in the manner provided above shall be known as the calculated cost of providing a minimum foundation program of education in the local unit of administration. The amount of State funds which shall be allocated to each local unit of administration in support of such program by the State Board of Education shall be the sum determined above as the calculated cost of providing a minimum foundation program of education in the local unit of administration less the amount of funds to be raised by the local unit in support of said program, which shall be determined in accordance with the financial ability of the local unit calculated in the manner provided for in Section 22 of this Act. The sum of the calculated cost of providing a minimum foundation program of education in all local units of administration combined shall be known as the calculated cost of the State-wide minimum foundation program. Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaried .The State Board of Education shall annually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 8 through 12 and one teacher per 28 pupils in average daily attendance in grades 1 through 7 of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act, provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of

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salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a tenmonths basis in accordance with the State minimum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary school of local units of administration. Section 12. Allotment of Certificated Professional Personnel; Amount of Funds needed for Payment of Salaries .The State Board of Education shall annually allot other certificated professional personnel to local units of administration on the basis of one per 200 pupils in average daily attendance in the local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act, provided however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of certificated professional personnel actually employed by the local units of administration. The amount of funds needed by a local unit to pay the salaries of certificated professional personnel shall be determined on a ten-months basis in accordance with the State minimum salary schedule provided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted professional personnel, and to provide rules and regulations by which certificated professional personnel may be assigned to serve as classroom teachers. Section 13. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses .The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in Section 11 through Section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section 11 of this Act by a sum of money per teacher to be determined by the State Board of Education

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which shall not be less than $400 per State-allotted teacher. The State Board of Education shall define the term maintenance, operation and sick leave expenses and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this Section to local units of administration. Section 14. Amount of funds needed for Free Textbooks .The amount of funds needed by a local unit of administration for maintenance, repair and purchase of free textbooks shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $4 per enrolled pupil. The State Board is authorized to make additional allotments of funds to local units to further assist local units in meeting the need for additional sets of textbooks due to increased enrollment of pupils in the local unit. The State Board shall have authority to prescribe multiple lists of approved textbooks, and minimum requirements and standards for purchase, distribution, and use of such textbooks, and for the use and expenditure of funds allotted under this section. Section 15. Amount of Funds Needed for Consumable Instructional Materials and Supplies .The amount of funds needed by a local unit of administration for purchase of consumable instructional materials and supplies shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $3 per enrolled pupil. The State Board of Education shall define the term consumable instructional materials and supplies and shall have authority to establish minimum requirements and standards for purchase, distribution and use of such instructional materials and supplies and for the use and expenditure of funds allotted under this Section. Section 16. Amount of Funds Needed for Library Books and Non-consumable Teaching Materials and Aids .The

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amount of funds needed by a local unit of administration for purchase of school library books and non-consumable teaching materials and aids shall be determined by multiplying the number of pupils enrolled in the public schools of the local unit by a sum of money to be determined by the State Board of Education which shall not be less than $1 per enrolled pupil. The State Board of Education shall define the term library books and non-consumable teaching materials and aids and shall have authority to establish minimum requirements and standards for purchase, distribution and use of such library books, teaching materials and aids and for the use and expenditure of funds allotted under this Section. Section 17. Isolated Schools; Allotment of Additional Teachers, Personnel and Funds .The State Board of Education shall annually allot additional teachers and other certificated professional personnel, and additional funds needed for the purpose of paying the salaries of such personnel and funds provided for herein based upon allotments of teachers, to local units of administration as may be necessary to assist local units in operating elementary and secondary schools which are, pursuant to provisions of this Act and regulations and standards prescribed by the State Board, classified as being isolated schools, in such manner as to provide pupils attending such isolated schools a minimum foundation program of education essentially comparable to that provided pupils attending public schools not coming within this classification. An isolated school shall mean an elementary or secondary public school which meets such standards or characteristics of isolation as shall be prescribed from time to time by the State Board of Education based upon consideration of factors such as size of the school, school population density, surrounding road conditions to include distance by the nearest passable road to another appropriate school, time required for transporting such pupils to another appropriate school, climatic and geographical conditions, and such other similar factors as the Board may, in its discretion, find relevant for the purpose of classifying a school as being isolated within the meaning of this Section. No local unit of administration shall be entitled

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to receive additional allotments of teachers, other personnel or State funds under provisions of this Section unless the local unit shall, at such time before the beginning of each school year for which such allotments are desired as the State Board may prescribe, make application to the State Board for classification of a particular school or schools as isolated within the meaning of this Section, and submit to the State Board such proofs of isolation as the Board may require. Whether or not any school shall be termed an isolated school within the meaning of this Section, and regulations and standards prescribed by the State Board for this purpose, shall be a matter for determination by the State Board, and such determination shall, in the absence of a clear abuse of discretion, be final and conclusive. The State Board shall have authority to establish minimum requirements and standards respecting utilization of additional teachers and funds allotted under this Section. Funds allotted under provisions of this Section shall be deemed to be allotted for the purpose of relieving hardships caused by operation of provisions of this Act, and shall be made from funds available in the contingency fund provided for in Section 28 of this Act. Section 18. Amount of Funds Needed to Pay Expenses of Pupil Transportation; Method of Calculation; Establishment of Uniform Minimum Salary Schedule for School Bus Drivers; State-bid Prices to Be Used; Pupils Eligible to be Transported for State-aid Purposes; Specifications, Standards, Requirements and Qualifications . (a) The amount of funds needed by a county or area school system to pay expenses of pupil transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient pupil transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon circumstances prevailing in the several local units of administration which affect, in varying ways, the cost of pupil transportation, provided, however, that the amount of funds to be actually distributed to any local unit of administration under provisions of this

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Section during any school year shall not exceed the actual costs incurred by the local unit in transporting pupils to the public schools of the local unit during such school year. In establishing the schedule of standard and variable pupil transportation costs or cost factors for the purpose of allotting funds under this Section, the State Board is, without limiting the generality of the foregoing, authorized to consider facts and circumstances such as the number and density of pupils transported in the local unit and the areas therein served by school buses, the suitability of school bus routes in the local unit, the suitability of the type and number of buses used by the local unit, the number of miles traveled by school buses in the local unit, minimum bus loads, transportation surveys, cost of transportation equipment and depreciation schedules therefor, the schedule of minimum salaries for school bus drivers established in accordance with subparagraph (b) of this Section, the number of school bus drivers allotted to the local unit, maintenance, repair and operating costs of transportation equipment, climate and terrain, condition of roads used for the purpose of transporting pupils in the local unit, cost of liability insurance, and such other facts and circumstances as the State Board may find to be relevant for the purpose of establishing such schedules and cost factors. The State Board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Section. (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses with a 24-passenger capacity and over, regardless of type of ownership, which shall be not less than $100 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24-passenger bus. County or area school systems shall not pay to any bus driver in its employment operating a 24-passenger bus or over a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The expense of purchasing, maintaining and operating

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such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this Section. This Section shall not apply to student or teacher drivers. (c) If, and to the extent that, the State Board of Education obtains a State-bid price under provisions of Section 46 of this Act on any standard item of equipment, supply or service used or obtained by local units in connection with or as a result of providing transportation services to pupils attending the public schools of such local units, or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under provisions of subparagraph (a) of this Section shall be based upon an amount not in excess of the State-bid price on such item or expense. (d) Pupils who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported pupils for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this Section provided such pupils are actually transported to such school by school bus or other vehicle made available for this purpose by the county or area board of education. Any pupil who resides within the said mileage limitation shall not be eligible to be counted for school transportation State aid purposes. (e) The State Board of Education is authorized to establish minimum specifications for vehicles used by local units for the purpose of transporting pupils to the public schools of the local unit, taking into account the facts and circumstances set forth in subparagraph (a) above, and is authorized to establish minimum standards and requirements respecting maintenance, repair, inspection and use of such vehicles and minimum qualifications for drivers of such vehicles, and all vehicles used and drivers employed for such purposes by local units, regardless of type of ownership of

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such vehicles, shall conform to such specifications, standards, requirements and qualifications. Section 19. Amount of Funds Needed for Travel Expenses .The amount of funds needed by a local unit of administration for payment of travel expenses to be incurred by visiting teachers, instructional supervisors and other local school personnel required to travel within the local unit of administration in connection with their assigned duties shall be determined by the State Board of Education in accordance with regulations prescribed by the State Board authorizing such travel and prescribing uniform rates, standards, requirements and allowances for such purposes. Section 20. Establishment of Special Programs of Education; Allotment of Teachers and Other Personnel; Sharing of Costs .The State Board of Education shall have authority to provide for implementation of State-wide programs in the public schools of this State for the education of adults, pre-school children, and exceptional school children as may be defined by the State Board, and for implementation of other educational programs not ordinarily coming within the prescribed curricula of the public schools, which may or may not require use by local units of additional specially qualified personnel and special equipment necessitating allotment of additional personnel and funds, such as remedial reading programs for those public school children found to be deficient in reading skills, driver education programs, and other similar education programs. The State Board is authorized to establish priorities, standards and criteria for implementation and operation of such programs as the Board may, in its discretion, find necessary or desirable to implement on a State-wide basis. Local units may, prior to implementation of such programs by the State Board, implement such programs locally in accordance with criteria and standards prescribed by the State Board. The State Board shall, upon implementation of such programs establish a uniform basis for allotment of additional personnel and funds if such additional allotments are necessary for operation of such programs. Such programs shall, upon implementation by the State Board on a State-wide

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basis, be considered a part of the minimum foundation program of education contemplated by provisions of this Act, the cost of which shall be shared by the State and local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program. Section 21. Local Share of the State-wide Cost of Public School Education Television Services .The State Board of Education shall annually determine the local unit of administration's share of the cost of operating and maintaining the State-wide network of public school educational television stations, the State-wide cost of programming and the State-wide cost of production and purchase of video tapes and other materials used in the State-wide public school educational television program. Such State-wide costs shall be apportioned to local units of administration on a uniform basis to be prescribed by the State Board, and the local units' apportioned costs of such program shall be shared by the State and the local units of administration in the same manner and on the same basis as provided in this Act for the sharing of other costs of the foundation program. The State Board shall adjust accordingly the allotment of the State contributed minimum foundation program funds to be allotted to local units of administration. The provisions of this Section shall not become effective until such time as the State Board of Education shall declare that the State-wide network of public school educational television stations has been completed and is in operation. Section 22. Calculation of Local Financial Ability .The State Board of Education shall calculate annually the relative financial ability of each local unit of administration to raise funds in support of the minimum foundation program of education in the local unit of administration in the following manner: (A) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1964-65 school year, commencing on July 1, 1964, shall be calculated as follows:

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(1) Calculate an economic index for each county in the State as follows: (a) Calculate for each county its per cent of the State total for each of the following items: public utilities tax digest, average effective buying power of five years, average retail sales for five years, motor tag taxes paid, and State income taxes paid. (b) Giving per cent of the total public utilities tax digest, a weight of two; per cent of the average effective buying power for five years, a weight of six; per cent of average retail sales for five years, a weight of two; per cent of motor tag taxes paid, a weight of two; and per cent of State income taxes paid, a weight of one; calculate an economic index of the financial ability of each county expressed in per cent of the State total. Data for public utilities tax digest, motor tag taxes paid, and State income taxes paid shall be furnished by the State Department of Revenue, and data for average effective buying power for five years and average retail sales for five years shall be taken from the annual Survey of Buying Power conducted by Sales Management. The State Board of Education shall use the most recent data available at the time the index is calculated. The State Board of Education may, in its discretion, vary the number and weights to be assigned to the several factors used in computing the economic index when research proves that a better index can be obtained by changing the weight and/or factors. (2) Determine the extent to which the estimated costs of State-wide minimum foundation program for the fiscal school year is to be paid by local funds by multiplying the estimated costs of the State-wide minimum foundation program for the fiscal school year by 15 per cent. (3) Multiply the economic index for each county in the State as derived in accordance with subsection (1) by the amount of the estimated cost of the State-wide minimum foundation program for the fiscal year to be paid by local funds as determined in accordance with subsection (2). The sum obtained by this multiplication shall be the amount of funds to be raised within a county in support of the cost

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of providing a minimum foundation program of education in the public schools of the county determined in accordance with the local financial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum obtained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a minimum foundation program of education in the public schools of the area public school system determined in accordance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within the county, the amount of funds to be raised by the several local units of administration within the county in support of their minimum foundation program of education needs shall be determined by multiplying the percent that the school tax digest of the local unit of administration is of the total school tax digest of all local units of administration in the county by the total amount of funds to be raised within the county in support of the minimum foundation program of education financial needs of the county; provided, that the school tax digest of each independent school system shall be 133[UNK] per cent of the county tax digest of all property located within the territory of the independent school system. (B) The financial ability of each local unit of administration to raise funds in support of the local unit's minimum foundation program of education for the 1965-66 school year, commencing on July 1, 1965, and for each year thereafter shall be calculated as follows: (1) Multiply the per cent that the equalized adjusted school property tax digest of each county is of the total equalized adjusted school property tax digest for the State as a whole by that portion of the estimated cost of the State-wide minimum foundation program for the fiscal school year to be paid by local funds, calculated in accordance with provisions of subparagraph (2) of this Section. The sum obtained by this multiplication shall be the amount

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of funds to be raised within a county in support of the cost of providing a minimum foundation program of education in the public schools of the county determined in accordance with the local financial ability of the county. Where two or more counties have merged or consolidated into a single area public school system, the sum obtained by the foregoing multiplication for each of the counties within the resulting area public school system shall be combined and the combined sum shall be the amount of funds to be raised within the area public school system in support of the cost of providing a minimum foundation program of education in the public schools of the area public school system determined in accordance with the local financial ability of the counties within such school system. In those counties of the State which have more than one school system within the county, the amount of local funds to be put up by the several local units of administration within the county in support of the cost of providing a minimum foundation program of education in the public schools of the local unit of administration shall be determined by multiplying the per cent that the equalized adjusted school property tax digest of the respective local unit of administration is of the total equalized adjusted school property tax digest of all local units of administration in the county by the amount of local funds to be raised by or within the county in support of the cost of providing a minimum foundation program of education in the public schools of the county, provided, however, that the equalized adjusted school property tax digest of each independent school system located within a county shall be calculated on the basis of 133[UNK] per cent of the county equalized adjusted school property tax digest of all property located within the territory of the independent school system. (2) The State Board of Education shall determine the portion of the estimated cost of the State-wide minimum foundation program to be paid by local funds by multiplying the estimated cost of the State-wide minimum foundation program for the school year by the percentage share of the cost of such State-wide program to be paid by local funds on a State-wide basis. Commencing with the 1965-66 school year, beginning on July 1, 1965, the estimated cost

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of the State-wide minimum foundation program shall be shared on a State-wide basis of eighty-four per cent (84%) State funds and sixteen per cent (16%) local funds, provided, however, that the share of the estimated cost of the State-wide minimum foundation program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for four years, so that commencing with the 1969-1970 fiscal school year the State-wide cost of the minimum foundation program shall be shared on the basis of eighty per cent (80%) State funds and twenty per cent (20%) local funds. (3) The sum of the equalized adjusted school property tax digest of each county in the State, and of each independent school system located within the several counties in the State, and the sum of the equalized adjusted school property tax digest for the State as a whole, shall be furnished to the State Board of Education by the State Auditor on or before February 1 of 1965 and each year thereafter. Section 23. Additional Allotment of State Funds .In addition to the foregoing provisions of this Act, the State Board of Education shall or may, as the case may be, allot additional funds to local units of administration for purposes provided for in subsequent Sections of this Act to the extent that funds may be appropriated by the General Assembly for such purposes. When additional funds are allotted to local units for purposes hereafter provided for, local units of administration shall provide local funds to match the State allotment of funds to the extent and in the manner provided in the subsequent Sections of this Act. Section 24. Allotment of Capital Outlay Funds; Rules, Regulations; Etc. Capital outlay needs of local units of administration shall hereafter be determined by the State Board of Education on the basis of school system surveys, growth and development patterns within local units of administration, school plant surveys, and such other criteria as the State Board may, from time to time and in its discretion,

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prescribe and require to be established on a current and long-range basis indicating present and anticipated future capital outlay needs of the several local units of administration. State capital outlay funds hereafter available for construction of capital facilities in or for the use of local units of administration shall be allotted to local units by the State Board on the basis of the respective current and long-range capital outlay needs of the several local units. The State Board shall, in determining the amount of State capital outlay funds to be allotted to or on behalf of a local unit of administration, consider the financial ability of the local unit to furnish local capital outlay funds from any existing unused bonding capacity of the local unit and the willingness of the local unit to provide such local matching capital outlay funds. The State Board is authorized to enter into contracts with local units of administration for allotment of State capital outlay funds, and for utilization of local capital outlay funds, in making provision for construction of capital facilities needed by the local unit. The term capital facilities, as used in this Act, shall be deemed to include buildings, fixtures and equipment necessary or desirable for the effective and efficient operation of the public schools and all facilities related or incidental thereto, which, without limiting the generality of the foregoing, shall be deemed to include classrooms, libraries, laboratories, restrooms, equipment rooms, offices, teacher lounges, lunchrooms, lunch-assembly rooms, equipment and fixtures therefor, related exterior facilities, equipment and paving, and such other similar items as the State Board may, in its discretion, deem necessary for the effective and efficient operation of the public schools. The State Board is authorized to establish priorities for construction of such capital facilities for the purpose of making allotments of State capital outlay funds under the provisions of this Section. Capital outlay funds may be allotted to local units of administration for the purpose of constructing, renovating, altering or enlarging capital facilities. The State Board of Education may, in exercising its discretion in allotting capital outlay funds to local units under

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this Section, consider, the value to the particular local unit of administration in consolidating two or more schools within the local unit, or the value to two or more adjacent local units of administration in consolidating one or more schools located in each of the adjacent local units of administration provided the boards of education of the adjacent local units contract for the attendance of pupils at such consolidated school, as well as the need for such consolidations, and may allot funds for the purpose of providing facilities for such consolidated schools. The State Board of Education shall, notwithstanding any other provision of this Act but in aid of same, have authority, in its discretion, to establish uniform rules, regulations, policies, standards, requirements and criteria respecting all matters pertaining or relating to location, construction, equipping, operation, maintenance, use and consolidation of schools and school facilities as may be reasonably necessary to assure effective, efficient and economical operation of the schools and all phases of the public education program, and shall, for the purposes of this Section, consider such matters in making future allotments of capital outlay funds. Without in any way limiting the generality of the foregoing, such matters may include method, manner, type and minimum specifications for construction of such facilities and installation of fixtures and equipment therein, amount of space to be provided per pupil, number and size of classrooms, areas to be served by such facilities, and such other matters as the State Board may consider important for such purposes. In the event any local unit of administration enters into a lease contract with the State School Building Authority for use of facilities of the Authority pursuant to a committment by the State Board for future allotments of State capital outlay funds, the State Board of Education, upon receipt of an executed copy of said lease contract, is hereby authorized and directed to monthly, quarterly or annually pay to the Authority such part of such funds to be made available to the local unit of administration under this Section as may be required to meet the terms of such lease contract.

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Notwithstanding the foregoing provisions of this Section, the State Board of Education shall hereafter annually allot to or on behalf of each local unit of administration State capital outlay funds sufficient to meet committments for allocation of State capital outlay funds entered into by and between the State Board of Education and the boards of education of local units of administration under the 1951-1952 and 1960-1961 State School building programs. The State Board of Education shall make such allotments of State capital outlay funds from any funds available to the State Board of Education. Section 25. County and Regional Public Libraries; Allotment of Librarians and State Funds .The State Board of Education shall annually determine the amount of funds needed to provide county and regional public libraries of the State with library books and materials by multiplying the total population of the State by a sum to be determined by the State Board which shall be not less than 16 cents per person. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the State Board. Public library, together with the amount of funds needed by a county or regional public library for the purpose of paying the salaries of librarians allotted such library in accordance with regulations established by the State Board and the State minimum salary schedule for teachers and other certificated professional personnel, shall be distributed to the local unit of administration wherein such public library is located. Section 26. Operation of Summer School Education Programs by Local Units; State Aid .The board of education of any local unit of administration may, in its discretion, provide for continued operation of one or more public schools of the local unit for a period of time beyond the normal school year provided for in this Act for the purpose of providing summer school education programs, to include remedial programs, continuation of prescribed school programs, enrichment school programs beyond prescribed

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school programs, accelerated school programs for gifted pupils, vocational school programs, special programs of education enumerated or coming within the scope of provisions of Section 20 of this Act, and such other education programs as may be approved by the State Board, provided, however, that all such programs shall meet and be offered in accordance with minimum standards, requirements and criteria as may be prescribed by the State Board. Teachers and other professional school personnel employed full-time or part-time during such period shall be paid additional salary based on the State minimum monthly salary schedule, in proportion to the time and services rendered by such personnel. No additional State funds shall be allotted to local units in support of such programs unless specific provision is made therefor by the State Board. The State Board of Education is hereby authorized, to the extent that funds may be available, to allot additional State funds to local units in support of all or any one or more of such summer school education programs. The extent to which additional State funds may be allotted local units in support of any one or more of such programs shall be determined by the State Board, but shall not in any event exceed the ratio of State funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit during that school year. The State Board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated above, to establish priorities for implementation of such programs, and to allot funds available for this purpose to local units of administration in support of those programs which the State Board may in its discretion, deem to be most worthy of State financial support. Section 27. Year-round operation of Schools .In order to promote greater efficiency and savings through better utilization of existing school facilities, and to prevent overcrowding of classrooms and operation of public schools on a double-session basis in rapidly expanding school systems, the State Board of Education is hereby authorized, to the extent that funds may be available for this purpose, to

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develop and provide for implementation of a plan for operation of public schools on a year-round basis throughout the State, or in any local unit of administration where the need for year-round operation due to overcrowded classrooms, operation of schools on a double-session basis, or other reason, makes such operation either necessary or desirable. Upon implementation of such program on a State-wide basis or in any particular local unit of administration, State funds shall be made available to all local units or to the particular local unit, as the case may be, for such purposes on the same basis and at the same ratio at which State funds were made available to the local unit during the preceding school year in support of the calculated cost of providing a minimum foundation program of education in the local unit. Section 28. Contingency Fund for Relief of Hardships, Unusual or Unforeseen Circumstances, and to Encourage School System Consolidations .The State Board of Education shall have authority to set up a contingency fund for the purpose of relieving hardships which may be caused by operation of provisions of this Act and to take care of any unusual or unforeseen circumstances. The State Board is authorized to use all or any portion of such funds for the special purpose of encouraging merger or consolidation of local school systems by making an allotment of such funds, on a decreasing scale and for a period of time not to exceed five years, to the school system resulting from such merger or consolidation when, by reason of such merger or consolidation, the resulting school system suffers a loss of State funds under provisions of this Act. Allotments of contingency funds for this purpose shall not in any event exceed the amount of such loss of State funds. Commencing with the 1965-1966 fiscal school year beginning on July 1, 1965, the amount of money that the State Board may place in the contingency fund shall not exceed an amount equal to one per cent of the calculated cost of the State-wide minimum foundation program. Section 29. Amount of Funds Needed for School Lunch Program .The State Board of Education shall annually determine the amount of funds needed for the purpose of

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administering the school lunch program. The State Board may, by regulation, provide for certifying and classifying school lunch supervisors and managers, establish training programs for such personnel, and may provide for payment of State supplements to the salaries paid such persons by local units of administration and State incentive pay for satisfactory completion of such training programs. Section 30. Funds for Vocational Education .The State Board of Education shall annually determine the amount of funds needed to provide a vocational education program for in-school youth, out-of-school youth, and adults, for teacher training, and for operation of area vocational-technical schools. Such funds shall be made available for such programs of education in accordance with rules and regulations established by the State Board of Education. Section 31. Policy of State as to Vocational Education .It is hereby declared to be the policy of the State of Georgia to leave teachers of vocational subjects in the public school systems of this State under the jurisdiction and control of local boards of education, to provide for a program of vocational education as provided for in Section 30 of this Act, and that Federal funds for vocational education shall be expended in carrying out the State plan of vocational education in keeping with the requirements of Federal laws relating to vocational education. The State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for training in trade, business, industrial and distributive education, agriculture and home economics in the public schools of local units, or in area vocational-technical schools, where justified by established needs. Section 32. Federal and State Funds for Vocational Education .Nothing in this Chapter shall affect the distribution of Federal funds allotted to Georgia under the SmithHughes Vocational Act, or other Acts of Congress appropriating Federal funds for vocational education purposes, or the distribution of State funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board to the various local units for use in maintaining

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vocational classes or departments subject to such reasonable rules and regulations as may be prescribed by the State Board in accordance with the State plan of vocational education; nor shall any provision of this Chapter prevent the State Board from accepting and administering other funds which may be made available to it, or for the use of the schools of this State for educational purposes, subject to such limitation as may be imposed in the grant or appropriation of the same. Funds necessary for the purpose of matching federal funds for any project approved by the State Board of Education shall be made available by the State Board from any available funds. Section 33. Funds for State Vocational-Technical Schools .The State Board of Education shall annually determine the amount of funds needed for operation of State vocational-technical schools established by the State Board of Education. Such funds shall be made available for the operation of such schools under rules and regulations prescribed by the State Board of Education. Section 34. Funds for Vocational Rehabilitation .The State Board of Education shall annually determine the amount of funds needed to provide for a program of vocational rehabilitation. Such funds shall be made available for rehabilitation of handicapped persons in accordance with rules and regulations prescribed by the State Board of Education. Section 35. Funds for State Schools for the Deaf and Blind .The State Board of Education shall annually determine the amount of funds needed for operation of the State schools for the deaf and blind and such other special schools for exceptional persons as may be established by the State Board of Education. Such funds shall be made available for the operation of these schools under rules and regulations prescribed by the State Board of Education. Section 36. Funds for Public Schools Operated Within Correctional Institutions .The State Board of Education shall annually allot additional funds to local units of administration wherein the State Board of Corrections maintains

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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, which shall be sufficient to enable the local unit to furnish certified teachers and other professional personnel to such school and institution in accordance with the State minimum salary schedule, provided, however, that the course of instruction offered in such school shall meet minimum academic requirements and standards prescribed for operation of the public schools of the local unit. The State Board is authorized, in its discretion, to make an allotment of additional funds to the local unit for employment of such teachers and other professional personnel for an additional two months during the fiscal school year where the school in such institution is operated on a 12-month basis. Section 37. Longer School Year Terms; Additional Teachers; Salaries .The board of education of any local unit of administration may, in its discretion, provide for operation of the public schools of the local unit for a school year term longer than the nine-months school year term required by provisions of this Act, and may employ additional teachers and other certificated professional personnel over and above the State allotment of such personnel, provided, however, that all teachers or other certificated professional personnel employed during any period by which the regular school year term is extended or over and above the State allotment of such personnel shall be paid a salary not less than the minimum monthly salary prescribed by the State minimum salary schedule. No additional State funds shall be allotted to local units of administration by virtue of an extension of the regular school year term or employment of such additional personnel by local boards of education. Extensions of school year terms by local boards of education under provisions of this Section shall not conflict with operation of any summer school education programs or year-round operation programs implemented by the State Board under provisions of Sections 26 or 27 of this Act. Section 38. Budget and Accounting System Established .For the purpose of promoting economy and efficiency in

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the financial operation of local school systems, keeping all school expenditures within estimated receipts and balances, and to facilitate financial review audits of local school system operations to determine conformance of school operations with provisions of law, there is hereby established a uniform budget and accounting system as provided for herein for control of finances of local units of administration which shall be more fully implemented by regulations established by the State Board of Education. Section 39. Uniform Records and Accounts .Financial records and accounts of local units of administration shall be kept and maintained by the superintendent of schools of local units in such form, classification and manner as prescribed by regulations of the State Board providing for a uniform budgeting system and a uniform system of financial records and accounts for operation of public school systems of the State. The State Board of Education shall, in conjunction with the State Auditor, establish such forms, classifications of accounts, including reserves and sinking fund accounts, codes for data processing machines, regular reporting procedures and budget forms as shall be in accordance with generally accepted public school accounting procedures. Local units of administration shall be required to maintain separate accountings on the various classifications of items provided for in the approved budgets of local units. All accounts required to be maintained by local units shall reflect receipt of all funds received for or on behalf of such accounts, the source of such funds, disbursements chargeable to such accounts, and such other information related thereto as the State Board may require. All local unit accounts required to be maintained by the State Board shall be kept and maintained in such form and manner as the State Board may require, and summary statements of such accounts and financial records of local units, regular reports, and such information as the State Board may require of local units shall be submitted to the State Superintendent of Schools at such times as the State Board may, from time to time, prescribe. Section 40. Information to Be Sent Annually to Local Units of Administration .The State Board of Education

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shall, on or before February 15 of each year, furnish the following information to each local unit of administration: (a) The State schedule of minimum salaries for teachers and other certificated professional personnel and school bus drivers. (b) The number of teachers, other certificated professional personnel and school bus drivers allotted to the local unit of administration for the next school year and the basis for allotment of the same. (c) The calculated amount of funds to be needed by the local unit during the next school year for payment of salaries of teachers and other certificated professional personnel, maintenance, operation and sick leave expenses, purchase of free textbooks, consumable instructional materials and supplies, school library books and non-consumable teaching materials and aids, and for payment of the cost of operating isolated schools, the expense of pupil transportation, other authorized travel expenses and special education programs, and the local units' share of the State cost of operating the public school educational television program, calculated in accordance with Sections 11 through 21 of this Act. (d) The calculated cost of providing a minimum foundation program of education in the local unit during the next school year, and the amount of local funds required to be contributed in support of such program calculated in accordance with provisions of Section 22 of this Act. (e) The amount of additional State funds to be allotted to the local unit during the next school year for capital outlay and other purposes provided for in Section 24 et seq. of this Act, the purpose for such allotments, and the amount of local matching funds, if any, to be put up for such purposes by the local unit. Section 41. Preparation of School Budgets by Local Superintendents of Schools Prior to a date to be prescribed by the State Board, the superintendent of schools of each

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local unit of administration shall, each year, meet and confer with the board of education of the local unit for the purpose of discussing, exploring and determining functions to be performed, services to be rendered, obligations to be met by, and the need for improvement of the local school system during the next fiscal school year, and shall submit to the local board of education a report covering the operations of the local school system during the current school year, his recommendations respecting the foregoing matters for the next fiscal school year, and a tentative proposed budget for the next fiscal school year for consideration by members of the board, all of which shall be recorded in the minutes of the Board meeting. The local board of education may direct revisions be made in the tentative budget in such manner as it may deem necessary or advisable. On or before a date to be prescribed by the State Board but subsequent to February 15 each year, the superintendent of schools shall revise the tentative school budget in such manner as may be required by virtue of the information received pursuant to provisions of Section 40 of this Act and directions of the local board, and prepare and submit to the local board at such time a proposed final budget for the next fiscal school year. Except as provided herein, the form and manner in which school budgets shall be prepared shall be prescribed by the State Board. The proposed final budget of the local unit shall reflect an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the current fiscal school year; an estimate of receipts reasonably expected to be received by the local unit from all sources, local State or Federal, during the next fiscal school year, the amount expected from each source, and the use for which such funds are allotted or to be used; an estimate of all expenditures reasonably expected to be made during the next fiscal school year, including reserves, arranged in accordance with classifications prescribed by the State Board, and the amount of local, State, Federal or other funds to be used for the purpose of making such expenditures; an estimate of cash and credits on hand, or deficit, and outstanding fixed and current liabilities, anticipated as of the close of the next fiscal school year; the local school tax levy necessary to

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produce the amount of local funds required to be put up by the local unit pursuant to provisions of this Act and as may otherwise be needed to meet the proposed final budget for the next fiscal school year, and the anticipated amount of local school funds to be actually produced as a result of such levy; the school tax levy to be made and the anticipated amount of funds to be produced thereby; and such other matters as the State Board may require. The proposed final budget shall be balanced, shall not require disbursement of more State funds than are to be made available under and in accordance with provisions of this Act, and proposed expenditures to be made during the next fiscal school year, plus reserves, shall not exceed estimated receipts for the fiscal school year, plus uncommitted cash balances expected to be available at the beginning of the fiscal school year. Section 42. Approval of Budget by Local Board of Education .Local boards of education shall receive and examine the proposed final budget prepared by the superintendent of schools, make or require the superintendent to make such changes therein as the board may deem necessary or advisable, provided the same shall be in conformance with provisions of law applicable thereto, and shall each year, on or before a date to be prescribed by the State Board, tentatively adopt such budget in final form and cause the same, in such form as may be required by the State Board, to be advertised at least one time in a newspaper of general circulation in the local unit of administration. At the next regular meeting of the local board subsequent to advertisement of the budget, the local board of education shall make such revisions in the budget as it may find necessary and proper, adopt a final school budget for the next fiscal school year, and determine the local tax levy to be made in the local unit of administration in support of said budget. Such meeting may be continued from day to day, until such time as such matter is concluded and a final budget adopted by the local board. Section 43. State Approval of Local Budgets . (a) No later than June 1 of each year the chairman of the board

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of education and superintendent of schools of each local unit of administration shall certify and forward to the State Superintendent of Schools two copies of the final budget adopted by the local board of education for the next fiscal school year. The State Superintendent of Schools shall examine and prepare a written report on the budget of each local unit and submit a copy of the same to the State Board and the respective local board of education through the superintendent of schools of the local unit of administration within 30 days after the receipt of such budgets or within such other time as the State Board may prescribe, or such budgets shall otherwise stand approved as submitted. The State Superintendent shall, in such report, recommend that the State Board (1) reject the budget, for reasons stated, as not being in conformance with provisions of the school laws or regulations of the State Board adopted in accordance with provisions of this Act; (2) direct that specified changes be made for reasons stated upon the same authority; (3) suggest that certain changes be made; or (4) approve the budget as being in compliance with the schools laws and Board regulations. Budgets of local units shall be approved if prepared in accordance with the provisions of this Act and other school laws and regulations of the State Board respecting preparation of budgets prescribed by the State Board in conformance with authority conferred by such laws. The State Board shall act on such report within the time to be specified, by regulation, by the State Board. The State Board may delegate final authority for approving local budgets to the State Superintendent. Budgets of local units shall not be approved unless such budgets show that adequate provision has or will be made for levy and collection of local tax funds sufficient to enable the local unit to pay its share of the total cost of providing a minimum foundation program of education in the public schools of the local unit determined in accordance with provisions of this Act, over and above other costs of local school operation. (b) If the budget of a local unit is rejected, or if the local unit is required to make changes therein, the local board of education shall, within 30 days from receipt of such notification, either revise the local budget in the manner

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required and resubmit the same to the State Superintendent of Schools or, if not willing to revise the budget, request a hearing thereon before the State Board, in which event a hearing shall be provided the local board of education within 45 days from the date such request is received. If the local board feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision by filing an appeal, within 30 days from the date of such decision, in the superior court of the county of the local unit affected, which appeal shall plainly specify the decision complained of, the questions in dispute, the decision of the State Board, the relief sought by the local board, and the contentions of the local board. Said appeal shall be based upon the record as a whole established at the time of the hearing before the State Board. A transcript of the testimony and other evidence adduced before the State Board at the time of such hearing shall be prepared and certified as true and correct by the State Superintendent of Schools and filed in the court within 30 days after date of service of a copy of the appeal upon the States Superintendent of Schools, or within such other time as the court may allow. The decision of the State Board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may in its discretion, whether or not the same be prayed for in the appeal, remand such matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. (c) If a local board of education fails to revise and resubmit a local budget as directed and fails to request a hearing in regard thereto within the time allowed above, the State Superintendent shall revise the budget of the local unit in the respects required, advise the local board of such action, and the budget as revised by the State Superintendent shall stand approved as the budget of the local unit for the next fiscal school year. When changes in

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budgets of local units are suggested by the State Superintendent, the board of education of the local unit, though not required to make such changes, shall consider the same at the next regular meeting of the local board and thereafter notify the State Superintendent in writing, of the extent to which such recommended changes have been adopted by the local board. The budget of the local unit shall automatically stand amended to the extent such recommended changes are adopted. Budgets of local units of administration, upon approval by the State as provided herein, shall become operative as the official budget of the local unit for the next fiscal school year and shall be strictly adhered to by the local unit of administration. The State Board of Education shall, by regulation, provide a method and manner for amendment of school budgets during the school year. The State Board shall require accounting of all funds by local units of administration. Section 44. Financial Review The State Board of Education shall establish a financial review section within the Department of Education for the limited purpose of reviewing the financial records and accounts of local units of administration receiving State aid under provisions of this Act so as to insure compliance by local units with provisions of this Act, other school laws, and rules, regulations and policies of the State Board adopted in accordance with provisions of such laws. The provisions of this Section shall not be deemed to be in conflict with or repeal any provisions of law respecting duties or functions of the State Department of Audits. Section 45. Withholding of State Funds Due to Failure to Provide Local Funds In the event a local unit of administration fails to provide or use the amount of local funds required to be raised and used by the local unit in support of the cost of the minimum foundation program of education in the local unit during any school year, determined in accordance with provisions of this Act, the State Board of Education shall calculate the percentage which the deficiency in local funds represents of the total local funds required to be raised and used by the local unit and reduce the amount of State funds allotted to the local unit by the

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same percentage until such time as the local unit provides or uses, as the case may be, the required amount of local funds, or makes adequate provision for providing or using the same to the satisfaction of the State Board. If State funds allotted to a local unit have been distributed to the local unit when such failure of the local unit is ascertained, or if an audit of operations of the local unit shows that the local unit did not during the preceding or a past fiscal school year actually provide or use the amount of local funds required by provisions of this Act and the approved local budget of the local unit for that year, the State Board of Education shall, for the next ensuing fiscal school year, reduce the amount of State contributed minimum foundation program funds to be allotted to the local unit by an equivalent amount of money and correspondingly increase the amount of local funds to be supplied by the local unit for that fiscal school year by the same amount of money. The State Board of Education shall in any event, before withholding or reducing the amount of State funds to be distributed to a local unit under this Section, notify the local unit of the intention of the Board to withhold or reduce the allotment of State funds to the local unit, and state the reasons for such action. The board of education of the local unit shall be entitled to a hearing on such matter before the State Board before such funds are withheld or reduced provided such hearing shall be requested by the local board of education within 30 days from receipt of notification of such intention of the State Board. If the local board feels itself aggrieved by the decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the superior court in the same time and manner as provided in Section 43 of this Act for appeals from decisions of the State Board respecting local school budgets, and such appeals shall take the same course as therein provided for. Section 46. State Bids on Standard Items of School Equipment, Supplies and Services . (a) The State Board of Education shall, from time to

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time, determine, through study and after consultation with the State Supervisor of Purchases, representatives of local units of administration, and such others as the Board may deem it advisable to consult with, whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the State Department of Education and the State Supervisor of Purchases on standard items of school equipment, supplies or services, or other standard expenses, to be designated by the State Board, ordinarily needed, procured or incurred by local units during the fiscal school year, without a sacrifice of safety or quality. If the State Board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the State Board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the State Board shall prescribe, report the probable annual requirement of the local unit for such standard items to the State Board and the requested time for future delivery of such items. The State Board shall compile such requirements and submit a compilation of the same to the State Supervisor of Purchases together with such other information as may be needed or otherwise requested by the State Supervisor of Purchases for the purpose of advertising for bids for a uniform State price on such items. (b) The State Supervisor of Purchases shall advertise for bids for supply of such items in the same manner followed for State purchases, provided, however, that the State Supervisor of Purchases shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single State price applicable to all local units of administration, that payment for such items as may be purchased by local units shall be made by the respective local units of administration to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and

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such other information as shall be appropriate under the circumstances. The State Supervisor of Purchases shall, upon receipt of bids, process the same in the same manner followed for State purchases and promptly notify the State Board of Education of the name of the successful bidder, the bid price, the terms of delivery guaranteed by the successful bidder, and such other available information as may be required by the State Board. The State Board shall promptly forward such information to all local units of administration. (c) Local units of administration are free to obtain competitive bids from vendors on such standard items of school equipment, supplies, services or expenses, based upon uniform specifications established for such items by the State Board, and may purchase such items from the vendor submitting the best bid therefor to the local unit whether or not the bid price of such vendor is greater or less than the State bid price on such items, provided, however, that whenever a local unit purchases such standard items at a price in excess of the State bid price for such items, the State Board shall, when computing standard costs for allotment of State funds, disallow the excess cost paid for such items by the local unit. The State Board shall prescribe regulations necessary for implementation and enforcement of provisions of this Section, and is authorized to establish minimum standards and uniform standard specifications and procedures for the purchase, distribution, use and maintenance as the case may be, of school equipment, supplies, services, and expenses, as may be designated by the State Board, whether or not State bid prices are obtained on such items. Section 47. Distribution of State Funds The State Board of Education shall, by regulation, provide for distribution of State funds allotted to local units under this Act and budgets approved by the State Board. In determining the time and manner for distribution of State funds, the State Board may, in its discretion, consider the time at which local school tax funds shall be collected and made available to the several local units of administration, and is hereby authorized to provide for distribution of State

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funds to local units at such times and in such manner as will most likely meet the periodic needs of local units for the State allotted funds, provided State funds appropriated for such purposes are available at such times. State funds to be distributed to local units under provisions of this Act shall be withdrawn from the State Treasury on executive warrents based upon requisitions to be signed by the State Superintendent of Schools, which shall be signed in accordance with the provisions of such regulations and directions of the State Board, and shall be disbursed to local units by the State Treasury upon order of the State Superintendent of Schools. Section 48. Initial and Mid-term Adjustment of Allotments of Personnel and State Funds The State Board of Education shall, when allotting teachers and other certificated professional personnel to local units of administration under Sections 11 and 12 of this Act, determine the rate and percentage of increase or decrease in average daily attendance of pupils in the several local units of administration for the preceding five year period, and shall adjust the initial allotments of such personnel to local units under Sections 11 and 12 so as to allot teachers and other certificated professional personnel for the next fiscal school year on the basis of the estimated average daily attendance of pupils in the local unit during the next year. In using the average daily attendance of pupils during the first four months of the preceding school year in making initial allotments of such personnel, as provided in Sections 11 and 12 of this Act, in the event only that the average daily attendance in any one of such months shall be more than 15% lower than the average daily attendance for such remaining three months, the State Board shall allot teachers and other certificated professional personnel to such local unit based on the average daily attendance in the three of such four months having the highest average daily attendance. The State Board shall, during the next fiscal school year, require submission of official reports of enrollment and attendance of pupils by local units of administration. Whenever the official attendance reports of any local unit shall show an increase in enrollment or average daily attendance of pupils during the current school year,

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the State Board of Education shall, at least semi-annually during such school year, increase the State contributed minimum foundation program funds allotted to such local unit at the beginning of the current school year under Sections 11, 12, 13, 14 and 15 of this Act, in proportion to the current increase in enrollment and average daily attendance of pupils in the local unit and in accordance with the provisions of this Act. The State Board shall not reduce the amount of State contributed minimum foundation program funds which were allotted to any local unit for the current school year by reason of a current decrease in the enrollment or average daily attendance of pupils in the local unit. The State Board shall, at the beginning of each fiscal school year, set aside from the total appropriation for educational purposes an amount of money deemed sufficient to meet the needs of such mid-term adjustments. Section 49. Reduction in Allotment of State Funds Due to Inadequate Appropriation The State Board of Education shall, to the extent necessary, reduce the amount of State funds to be allocated to local units in support of the minimum foundation program or in support of any of the purposes for which State funds might be allotted to local units under provisions of this Act if the amount of State funds appropriated in support of said program or in support of any one or more of the purposes for which allotments of funds are hereby provided for is not adequate to finance the cost of the State portion of said program or such purposes determined in accordance with the provisions of this Act. Section 50. Pupils Attending School in Adjacent Local Units of Administration; Allotment of State Funds; Contracts Between Local Units Notwithstanding the foregoing provisions of this Act and other school laws, the State Board of Education is hereby authorized to provide, by regulation, a procedure and manner whereby a pupil shall, for such compelling reasons and circumstances as may be defined and specified by the State Board, be permitted to attend and be included as an enrolled pupil in average daily attendance in the public schools of a local unit of administration immediately adjacent to the local unit of administration

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wherein the pupil resides for the purpose of allotting State funds under provisions of this Act, notwithstanding absence of an agreement between the two adjacent local units and a refusal by the board of education of the local unit wherein the pupil resides to voluntarily approve such transfer of the pupil to the pupil schools of the adjacent local unit, provided, however, that the board of education of the adjacent local unit is willing to receive and permit such pupil to enroll in and attend the public schools of such local unit. The State Board shall adopt such rules, regulations and policies as may be necessary for implementation of this Section. Grant or refusal of permission for pupils to attend such schools, for the purpose of permitting State funds to follow such pupils, shall be entirely discretionary with the State Board and shall, in the absence of a clear abuse of discretion by the Board, be final and conclusive. Local units of administration may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform. Section 51. Student Honors Program .The State Board of Education is hereby authorized to inaugurate a student honors program for pupils in the public high schools of this State who have manifested exceptional abilities, unique potentials, or who have made exceptional academic achievements. Such program may be conducted during summer months between normal school year terms at institutions of higher learning or other appropriate centers within this State with facilities adequate to provide challenging opportunities for advanced study and accomplishments by such students. The student honors program shall be implemented and operated in accordance with criteria to be established by the State Board, and operating and pupil costs and expenses may be paid by the State Department of Education from funds made available for this purpose by the State Board. The State Board is authorized to enter into cooperative agreements with the Board of Regents for operating and sharing the costs of such programs. Section 52. Educational Research .The State Board of Education is hereby authorized to engage in or to otherwise

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make provision for educational research into all phases of operation of public school systems and into all methods of instruction and education of children and youth; to sponsor conferences, study groups and workshops, and to conduct research or education demonstrations, experimentation, field tests and such other projects as may, in the opinion of the Board, tend to support, improve or strengthen the public school system of this State, the quality of education provided Georgia's children and youth in the public schools of this State and the qualifications and technicals skills of professional personnel employed in the public schools of this State, and is hereby authorized to employ or contract for the services of specialists and others as may be necessary or desirable for such purposes and to cooperate with public school systems and public and private educational institutions and agencies within or without the State for such purposes. The State Board may provide for the allotment of education funds for the purposes provided for in this Section. Section 53. State Agency for Surplus Property; Co-operative Agreements .The State Board of Education is hereby authorized to establish and operate a State Agency for Surplus Property for the purpose of distributing surplus properties made available by the Federal Government under provisions of Public Law 152, 81st Congress, as amended, to institutions, organizations, agencies and others as may now or hereafter be eligible to receive such surplus properties pursuant to applicable provisions of Federal law. The State Board of Education may enter into or authorize the State Agency for Surplus Property to enter into cooperative agreements with the Department of Health, Education and Welfare of the Federal Government for the use of surplus properties by the State Agency, and for providing administrative assistance in the transfer of title to real property from the Federal Government to institutions, organizations, agencies, and others as may now or hereafter be eligible to receive such properties pursuant to applicable provisions of Federal Law. Section 54. Organization of the State Department of Education .The State Board of Education is hereby authorized

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after consultation with the State Superintendent of Schools, to organize and re-organize the State Department of Education and the various offices, divisions, sections and units thereof and to prescribe the duties, functions and operations of each at such times and in such manner as the State Board may deem necessary or desirable for the more economical or effective organization, administration or functioning of the Department. Section 55. Use of Georgia Products .In the purchase of, or in contracting for, any supplies, materials, equipment or services by the State or local units of administration, preferential consideration shall be given to local industries and to supplies, equipment, materials and equipment manufactured or produced in the State of Georgia, where not inconsistent with overriding policies herein established, provided such preference shall not result in any sacrifice or loss in price or quality. Section 56. Withholding of Funds from Local Units; Appeal .In the event a local unit of administration shall fail to comply with any provision of this Act or other school laws, or any provision of rules, regulations, policies, standards or requirements established by the State Board, or the terms of any contract with the State Board, the State Board may, in its discretion, withhold from such local unit all or any part of the State-contributed minimum foundation program funds allotted to such local unit under provisions of this Act until such time as full compliance is made by the local unit. The State Board shall, before withholding such funds, notify the local unit of its intention to withhold such funds and state the reasons for such action. The Board of Education of the local unit shall be entitled to a hearing on such matter before such funds are withheld provided the local board requests such hearing within 30 days from receipt of such notification. If the local Board of Education feels itself aggrieved by the final decision of the State Board following such hearing, the local board shall have the right to obtain judicial review of such decision, on the record made before the State Board, by filing an appeal in the Superior Court of the county of the local unit affected, in the same time and manner as provided in

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Section 43 of this Act for appeal from decisions of the State Board respecting local school budgets, and such appeal shall take the same course as therein provided for. Section 57. Act to be Administered Pursuant to Budget Laws .The standards set forth in this Act in Sections 11 through 22, and in such other Sections as such minimum requirements for funds shall appear, shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly. Nothing in this Act shall be construed as amending or modifying in any way Code Chapter 40-4 known as the Budget Act as provided in an Act approved February 12, 1962 (Ga. L. 1962, p. 17), as amended, or any appropriation Act which is presently in force and effect. The State Board of Education shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by the provisions of such Budget Act, such appropriation Acts, and all other laws of general application pertaining to the handling and expenditure of State funds, none of which Acts or laws are amended, modified or repealed by this Act unless specifically so provided in this Act. Section 58. Constitutionality .If any section, subsection, clause or part of this Act shall be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts or portions of this Act. Section 59. Repealer .An Act entitled An Act to establish a minimum foundation program of education in Georgia and providing for establishment of a State minimum foundation program of education and a State minimum foundation program fund for the public schools, including The University System, approved February 25, 1949 (Ga. L. 1949, p. 1406 et seq.), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 626 et seq.); an Act approved February 21, 1951 (Ga. L. 1951, p. 676 et seq.); an Act approved February 21, 1951 (Ga. L. 1951, p. 677 et seq.); an Act approved February 21, 1951 (Ga. L. 1951, p. 753 et seq.); an Act approved February 15, 1952

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(Ga. L. 1952, p. 400 et seq.); an Act approved December 17, 1953 (Ga. L. 1953, Nov. Sess., p. 206); an Act approved March 9, 1955 (Ga. L. 1955, p. 601 et seq.); an Act approved February 27, 1956 (Ga. L. 1956, p. 312 et seq.); an Act approved March 13, 1957 (Ga. L. 1957, p. 380 et seq.); an Act approved March 13, 1957 (Ga. L. 1957, p. 651 et seq.); an Act approved March 25, 1958 (Ga. L. 1958, p. 329 et seq.); an Act approved March 7, 1960 (Ga. L. 1960, p. 770 et seq.); an Act approved March 6, 1961 (Ga. L. 1961, p. 104); an Act approved February 6, 1962 (Ga. L. 1962, p. 9 et seq.); an Act approved February 27, 1962 (Ga. L. 1962, p. 140); an Act approved March 6, 1962 (Ga. L. 1962, p. 652 et seq.); an Act approved April 9, 1963 (Ga. L. 1963, p. 429 et seq.); and Section 32-938 of the Code of Georgia of 1933 relating to county line schools, as amended, particularly as amended by Section 6 of an Act approved February 1, 1946 (Ga. L. 1946, p. 206, 208), are hereby repealed, and the provisions of this Act are enacted in lieu thereof. The repeal of said Acts and laws shall in no case or event be deemed or held to have the effect of restoring, revising or re-enacting any prior Acts or laws previously repealed. Section 60. Effective Date .The provisions of this Act, except as provided in Sections 22 and 28, shall become effective immediately for operation of the public schools beginning with the fiscal school year commencing on July 1, 1964. The provisions of Sections 22 and 28 shall become effective as provided therein. Section 61 . All other laws or parts of law in conflict with this Act are hereby repealed. Approved January 24, 1964.

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HOSPITAL AUTHORITIES LAWREVENUE CERTIFICATES. No. 528 (Senate Bill No. 175). An Act to amend an Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. Laws 1941, p. 241), as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 349), an Act approved February 26, 1957 (Ga. L. 1957, p. 116), and an Act approved April 2, 1963 (Ga. L. 1963, p. 300), so as to extend the period of time for which revenue certificates may be issued by hospital authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. L. 1941, p. 241), as amended, particularly by an Act approved March 8, 1945 (Ga. L. 1945, p. 349), an Act approved February 26, 1957 (Ga. L. 1957, p. 116), and an Act approved April 2, 1963 (Ga. L. 1963, p. 300), is hereby amended by striking from section 5 the words thirty years, wherever the same may appear, and substituting in lieu thereof the words forty years. Revenue certificate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 28, 1964. REVENUETOBACCO TAX ACT AMENDED. No. 534 (House Bill No. 740). An Act to amend an Act entitled An Act to repeal an Act entitled `An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Ex. Sess., pp. 11-24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little

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cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contraband goods of articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly report for wholesalers and jobbers; to appropriate the funds derived from the operation of this Act and for other purposes.', approved March 30, 1937 (Ga. L. 1937, pp. 83-109) as amended by an Act approved December 31, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 126-144), and as amended by an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., pp. 8-17), so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; to provide definitions for the provision of this Act; to provide manner of payment of the tax; to provide for licensing of distributors and dealers in cigars and cigarettes within this State; to provide for the sale of cigars and cigarettes; to provide for non-resident distributors; to provide for the suspension or revocation of licenses issued under this Chapter; to provide for the bonds of distributors; to provide for stamping of cigars and cigarettes within this State; to provide for the confiscation of contraband cigars and cigarettes; to provide for reports of distributors and common carriers of cigar and cigarettes within this State; to provide for records and inspection thereof; to provide that the tax herein imposed is upon the consumer; to provide for violations of the provisions of this Act; to provide for hearings before the Commissioner and appeals from said hearings; to provide for refunds of taxes paid hereunder; to provide for offenses and penalties thereof in violation of the provisions of this Act; to provide that the tax herein imposed shall be a lien upon the property and may be collected by the

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Commissioner or his authorized agent; to provide for the administration of this Act; to provide that the Commissioner may issue various rules and regulations to carry out the provisions of this Act; to repeal conflicting laws; and for other purposes., approved February 28, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 48), an Act approved March 25, 1958 (Ga. L. 1958, p. 336), and an Act approved February 17, 1960 (Ga. L. 1960, p. 125), so as to provide that the tax imposed by said Act shall be upon the ultimate consumer or purchaser of the cigars or cigarettes; to increase the tax on certain cigarettes; to provide who shall be responsible for the collection of said tax; to provide that the purchase of stamps shall be deemed security for payment of the tax; to provide for refunds; to provide that the lien provided for under said Act shall be upon any distributor or dealer who shall fail to collect the tax and against any person using or consuming cigars or cigarettes without stamps affixed thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal an Act entitled `An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Ex. Sess., pp. 11-24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contraband goods of articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly report for wholesalers and jobbers; to appropriate the funds derived

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from the operation of this Act and for other purposes.', approved March 30, 1937 (Ga. L. 1937, pp. 83-109) as amended by an Act approved December 31, 1937 (Ga. L. 1937-38, Ex. Sess., pp. 126-144), and as amended by an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., pp. 8-17), so as to impose a tax upon the sale, use or other disposition of cigars and cigarettes within this State; to provide definitions for the provision of this Act; to provide manner of payment of the tax; to provide for licensing of distributors and dealers in cigars and cigarettes within this State; to provide for the sale of cigars and cigarettes; to provide for non-resident distributors; to provide for the suspension or revocation of licenses issued under this Chapter; to provide for the bonds of distributors; to provide for stamping of cigars and cigarettes within this State; to provide for the confiscation of contraband cigars and cigarettes; to provide for reports of distributors and common carriers of cigars and cigarettes within this State; to provide for records and inspection thereof; to provide that the tax herein imposed is upon the consumer; to provide for violations of the provisions of this Act; to provide for hearings before the Commissioner and appeals from said hearings to provide for refund of taxes paid hereunder; to provide for offenses and penalties thereof in violation of the provisions of this Act; to provide that the tax herein imposed shall be a lien upon the property and may be collected by the Commissioner or his authorized agent; to provide for the administration of this Act; to provide that the Commissioner may issue various rules and regulations to carry out the provisions of this Act; to repeal conflicting laws; and for other purposes., approved February 28, 1955 (Ga. L. 1955, p. 268), as amended by an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 48), an Act approved March 25, 1958 (Ga. L. 1958, p. 336), and an Act approved February 17, 1960 (Ga. L. 1960, p. 125), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3 (a). An excise tax is hereby levied on the ultimate consumer or purchaser of all cigars or cigarettes sold or consumed in this State at the following rates: Little Cigars:

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weighing not more than three pounds per thousandtwo (2) mills each. Little cigars. Cigars: retailing for three and one-third (.03-1/3) cents each or lessone and one-half (1-1/2) mills each; retailing for more than three and one-third (.03-1/3) cents each and not more than five (.05) cents eachthree (3) mills each; retailing for more than five (.05) cents each and not exceeding eight (.08) cents eachfour (4) mills each; retailing for more than eight (.08) cents each and not exceeding ten (.10) cents eachseven and one-half (7-1/2) mills each; retailing for more than ten (.10) cents each and not exceeding twenty (.20) cents eachfifteen (15) mills each; retailing for more than twenty (.20) cents eachtwenty (20) mills each. Cigars. Cigarettes: having a length of less than four (4) inchesfour (4) mills each; weighing four (4) pounds or more, but less than six (6) pounds per thousandsix and five-tenths (6.5) mills each; weighing more than six (6) pounds per thousandeleven and five-tenths (11.5) mills each. Cigarettes. (b) When the retail selling price is referred to in this Act as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. Retail selling price. (c) The taxes imposed by this Act are hereby levied with respect to the purchase or use of cigars or cigarettes by the State Government or any department, institution, or agency thereof, and by the political subdivisions of this State and their departments, institutions and agencies. Sales to State, etc. (d) The tax imposed by this Act shall not be levied with respect to cigars or cigarettes the purchase or use of which this State is prohibited from taxing under the Constitution or Statutes of the United States. Federal government. (e) Distributors at the time of sales to dealers shall collect from said dealers an amount equivalent to the tax

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upon the ultimate consumer or purchaser of the cigars and cigarettes, which collection shall constitute the security provided for by subsection (b) of Section 4 for the collection and remission by the dealer of the tax placed upon the ultimate consumer or purchaser by this Act. The distributor may state the amount of the tax separately from the price of such cigars and cigarettes on all price display signs, sales or delivery slips, and bills and statements. The provisions of this section shall in no way affect the method of collection of such tax on cigars and cigarettes as provided by this Act. Where cigars and cigarettes are sold by a distributor to a dealer, the tax shall not be construed as falling on the dealer, but such dealer shall in turn collect the tax imposed by this Act from the ultimate consumer or purchaser of said cigars or cigarettes. Collection of tax etc. Section 2. Said Act is further amended by adding at the end of section 4 a subsection (b) to read as follows: (b) The purchase of stamps by a distributor from the State shall not be deemed a payment of the tax imposed by this Act. The funds received by the State from the sale of stamps to distributors shall be deemed security for the respective duties of the distributor and dealer to collect the taxes imposed herein, until such time as the cigars or cigarettes, with such stamps affixed, shall be sold to the ultimate consumer or purchaser. Such security shall be retained by the State and distributor and applied as a credit against the obligation to remit said taxes. Stamps, etc. Section 3. Said Act is further amended by inserting between the words any and taxpayer as they appear in subsection (a) of section 21 the following distributor, dealer or, so that when so amended subsection (a) of section 21 shall read as follows: Section 21 (a). There is hereby appropriated from current tax collections under this Act such amounts as are necessary to pay any refunds of cigar or cigarette taxes found by the Commissioner or the courts to be due to any distributor, dealer or taxpayer. The State Treasurer is hereby

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authorized to pay such claims on the order of the Commissioner. Refunds. Section 4. Said Act is further amended by striking from the end of the first sentence of section 24 the words the taxpayer and inserting in lieu thereof the words any distributor or dealer who shall sell cigars or cigarettes without collecting the tax and against the property of any person using or consuming cigars or cigarettes without proper stamps affixed thereto, and by inserting between the words delinquent and taxpayer in the second sentence of said section the following: distributor, dealer or, so that when so amended section 24 shall read as follows: Section 24. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who shall sell cigars or cigarettes without collecting the tax and against the property of any person using or consuming cigars or cigarettes without proper stamps affixed thereto. The Commissioner or his authorized agents are authorized to seize the property of a delinquent distributor, dealer or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this Act or the Commissioner may record his lien specifying and describing the property against which the lien is effective and such lien shall be good as against any other person until the claim for taxes is satisfied. Interest at the rate of six (6%) per cent per annum shall accrue on delinquent taxes and any penalties imposed under the procedure set forth in section 23 (c) which remain unpaid. Liens, etc. Section 5. The provisions of this Act shall become effective March 1, 1964. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1964.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACTAMENDED. No. 535 (House Bill No. 742). An Act to amend an Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb., p. 196), and an Act approved March 1, 1960 (Ga. L. 1960, p. 153), so as to limit that provisions allowing compensation to the dealer for collecting, accounting for, and remitting the tax levied by said Act; to provide for penalties against dealers failing to make any return or pay the full amount of tax required by said Act; to amend the industrial materials exemption provided in said 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. An Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb., p. 196), and an Act approved March 1, 1960 (Ga. L. 1960, p. 153), is hereby amended by striking in its entirety that paragraph of subsection (b) of section 16 which read as follows: For the purpose of compensating the dealer and accounting for and remitting the tax levied by this Act, such dealer shall be allowed three per cent (3%) of the amount of tax due and accounted for and remitted to the Commissioner in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment., and substituting in lieu thereof the following paragraph: For the purpose of compensating the dealer for collecting, accounting for, and remitting the tax levied by this

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Act, such dealer shall be allowed three per cent (3%) of the tax due and accounted for and remitted to the Commissioner on the first $120,000.00 of such dealer's annual taxable sales in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment. Compensation to dealers. and by striking in its entirety the first paragraph of subsection (c) of section 16 and substituting in lieu thereof the following: (c) When any dealer shall fail to make any return or pay the full amount of the tax required by this Act there shall be imposed, in addition to other penalties provided herein, a specific penalty to be added to the tax in the amount of five per cent (5%) or five dollars ($5.00), whichever is greater, if the failure is for not more than thirty (30) days with an additional five per cent (5%) or five dollars ($5.00), whichever is greater, for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed twenty-five per cent (25%) or twenty-five dollars ($25.00) in the aggregate, whichever is greater. Provided, however, if such failure is due to providential cause shown to the satisfaction of the Commissioner in affidavit form attached to the return and remittance within ten (10) days of due date, such returns may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty per cent (50%) of the tax bill shall be assessed. Penalties. Section 2. The provisions of this Act shall become effective March 1, 1964. Effective date. Section 3. Said Act is hereby further amended by striking from the first sentence of the first paragraph of section 3(c)2 the following words at the end thereof: shipment or sale and substituting in lieu thereof the words: sale at retail; and by inserting the following sentence between the first and last sentences of the first paragraph of said section 3 (c) 2:

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To qualify for the packaging exemption, such items must constitute an element of the retail sale and must not be used for any purpose other than packaging, nor shall there be any right to the return of such items separate and apart from the property packaged; provided, however, such items which are customarily returned or are reclaimed separate and apart from the property sold, or items for which a deposit is required, shall not be deemed to be an element of the retail sale and shall not qualify for the exemption. Packaging exemption. so that said first paragraph of said section 3 (c) 2 shall read as follows: The terms `sale at retail; `use', `storage', and `consumption' shall not include the sale, use, storage or consumption of industrial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product nor shall such terms include industrial materials, other than machinery and machinery repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for sale at retail. To qualify for the packaging exemption, such items must constitute an element of the retail sale and must not be used for any purpose other than packaging, nor shall there be any right to the return of such items separate and apart from the property packaged; provided, however, such items which are customarily returned or are reclaimed separate and part from the property sold, or items for which a deposit is required, shall not be deemed to be an element of the retail sale and shall not qualify for the exemption. Provided, however, the term `industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1964.

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REVENUEMALT BEVERAGE EXCISE TAX. No. 536 (House Bill No. 744). An Act to amend an Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 148), an Act approved December 13, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 173), an Act approved March 24, 1939 (Ga. L. 1939, p. 101), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5), and an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 23), so as to increase the malt beverage excise tax; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes., approved March 23, 1935 (Ga. L. 1935, p. 73), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 148), an Act approved December 13, 1937 (Ga. L. 1937-1938, Ex. Sess. p. 173), an Act approved March 24, 1939 (Ga. L. 1939, p. 101), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 5), and an Act approved June 22, 1955 (Ga. L. 1955, Ex. Sess., p. 23), is hereby amended by striking from section 5 the symbol and figures $9.00, and the words four cents, and substituting in lieu thereof the symbol and figures $10.00 and the words four and fivetenths cents, respectively, so that when so amended section 5 shall read as follows:

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Section 5. Be it further enacted by the authority aforesaid that there is hereby imposed upon the business of selling malt beverages an excise tax in the sum of $10.00 for each container sold as hereinafter specified, containing not more than 31 gallons and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer, and where the beverage is sold in bottles, cans or other containers, and not sold in or from a barrel or bulk container as above specified, there is hereby imposed upon the business of selling malt beverages an excise tax in the amount of four and five-tenths cents for each twelve ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes. Provided, there shall be no excise tax on sales of malt beverages sold to persons outside this State, for resale or consumption outside of this State, nor upon sales of malt beverages sold to stores or canteens located on United States Military posts or reservations. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State license tax or registration fees: Excise tax. For brewers $1,000.00 For wholesale dealers 500.00 For retail dealers 25.00 Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commissioner when such brewer, wholesale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted. Section 2. The provisions of this Act shall become effective March 1, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1964.

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REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORSAMENDED. No. 537 (House Bill No. 745). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 199), so as to remove the provision requiring state warehousing of the beverages regulated by this Act; to prohibit the transportation of alcoholic beverages and liquors on which the taxes herein provided for have not been paid and to provide for the confiscation of vehicles used in transporting same; to increase the tax on distilled spirits and alcohol; to remove the provisions relative to exports; to provide an effective date; to authorize the Revenue Commissioner to continue state warehousing for a certain period after the effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 199), is hereby amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7 to read as follows: Section 7. The State Revenue Commissioner shall, by the adoption and promulgation of reasonable rules and regulations, establish appropriate regulatory procedures for the importation of all distilled spirits and alcohol into this State to insure that all taxes imposed by this Act upon such items shall be paid and collected as provided for herein. Rules. It shall constitute a misdemeanor for any person, firm or corporation to transport any alcoholic beverages or liquors in any county of this State unless the tax on said alcoholic beverages or liquors has been paid and the evidence thereof

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attached to the container as provided herein, except that a common carrier may transport such beverages to the warehouse of a licensed manufacturer or licensed wholesaler in accordance with rules and regulations adopted by the State Revenue Commissioner. Any vehicle used to transport alcoholic beverages or liquors in violation of this section, with the knowledge and consent of its owner shall be subject to confiscation upon declaration being filed for the purpose by any solicitor of any city court, or solicitor-general, in this State having jurisdiction thereof, under the rules of law now governing the confiscation and condemnation of vehicles used in transporting liquors. Provided, however, it shall be lawful for bona fide claimants of such vehicles to file claim and replevy such property pending condemnation proceedings. Crimes, etc. Section 2. Said Act is further amended by striking from subsection (h) of section 8 the following: , and the conditions under which same may be withdrawn from said warehouses and distributed, so that when so amended subsection (h) of section 8 shall read as follows: (h) To adopt and promulgate, repeal and amend such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as he may deem necessary to control the manufacture, sale, distribution, storage, or transportation of distilled spirits and alcohol in accordance with the provisions of this Act. Rules. Section 3. Said Act is further amended by striking from section 11 the sentence which reads as follows: On liquors exported beyond the limits of this State, there shall be a tax of fifteen (15) per wine gallon.; by striking the words and figures one dollar ($1.00) as they appear in the first sentence thereof, and substituting in lieu thereof the words and figures three dollars and seventy-five cents ($3.75); by striking the words and symbols a tax of fifty cents (0.50) per wine gallon and substituting in lieu thereof the words and symbols a tax or one

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dollar and eighty-seven and one-half cents ($1.87) per wine gallon; by striking in its entirety the last sentence of paragraph one of said section which reads as follows: The Revenue Commissioner shall be authorized in his discretion to permit importation of distilled spirits or alcohol into any county where the manufacture and sale of the same has been legalized, by permitting the same to be shipped to a state warehouse or warehouses and there stored without such payment of tax, provided for herein, but such rules and regulations shall provide for the collection of all taxes due on distilled spirits or alcohol as it is withdrawn from the State warehouse and the tax stamps affixed thereon.; and substituting in lieu thereof the following: The Revenue Commissioner, in accordance with such rules and regulations as he shall adopt, shall be authorized in his discretion to permit importantion of distilled spirits and alcohol into any county where the manufacture and sale of the same has been legalized, but such rules and regulations shall provide for the collection of all taxes due on distilled spirits or alcohol.; by striking in its entirety subsection (a) of section 11 which reads as follows: (a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be cancelled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person.; and by appropriately renumbering subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively, so that when so amended section 11 shall read as follows: Section 11. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of three dollars and seventy-five cents ($3.75) per wine gallon, and on all alcohol imported into the State of Georgia a tax

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of five dollars and twenty-five cents ($5.25) per wine gallon, and proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products, a tax of one dollar and eighty-seven and one-half cents ($1.87) per wine gallon and on all alcohol manufactured in the State of Georgia from Georgia grown products, a tax of two dollars and sixty-two and one-half cents ($2.62) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. It is provided by the terms of this Act that every person or common or contract carrier transporting distilled spirits, liquors, and wines into the State of Georgia to immediately report same to State Revenue Commissioner, which report shall show the consignor and consignee, and quantity delivered and upon failure to comply with the terms herein said person or common or contract carrier its agents and employees shall be guilty of a misdemeanor and upon conviction thereof shall be so punished. Taxes shall be collected in the following manner: The State Revenue Commissioner shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper or in a manner as may be prescribed by the Revenue Commissioner. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix or cause to be affixed to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. Every manufacturer, distiller, or wholesaler, who may sell, ship or deliver to each other shall affix or cause to be affixed to each bottle or container of distilled spirits or liquors stamps indicating the payment of the proper amount of tax thereon. The State Revenue Commissioner may in his discretion replace mutilated stamps when fully satisfied that said stamps have not been used. The Revenue Commissioner, in accordance with such rules and regulations as he shall adopt, shall be authorized in his discretion to permit importation of distilled spirits and alcohol into any county where the manufacture and sale of the same has been legalized, but such rules and regulations shall provide for the collection of all taxes due on distilled spirits or alcohol. Tax rates, transportation, etc.

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(a) The reuse of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said acts forbidden in this paragraph shall be guilty of forgery, and upon conviction be punished as for a forgery. (b) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein shall be unlawful, and such distilled spirits or alcohol shall be subject to seizure by any peace officer, or agent of the Revenue Commissioner, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished as such. (c) The sale or purchase of any distilled spirits or alcohol as defined in this Act by any person which does not bear the tax stamps provided for herein shall be unlawful, and the offender, buyer or seller, or both, shall be guilty of a misdemeanor and upon conviction shall be punished as such. Section 4. The provisions of this Act shall become effective March 1, 1964, except as hereinafter provided. Effective dates. Section 5. The State Revenue Commissioner is authorized in his discretion to continue the operation of state warehouses until July 1, 1964. However, at any time prior to such date, he may discontinue the use of state warehouses, if in his discretion, an orderly transition may be made from state warehousing to private warehousing. State warehouses. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 30, 1964.

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REVENUERATE OF TAXATION OF CORPORATIONS. Code 92-3102 Amended. No. 538 (House Bill No. 743). An Act to amend Code section 92-3102, relating to the rate of taxation upon corporate income, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 121), an Act approved March 30, 1937 (Ga. L. 1937, p. 109), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 150), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 18), an Act approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. p. 625), and an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 27), so as to increase the rate of taxation upon corporate income; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3102, relating to the rate of taxation upon corporate income, as amended by an Act approved March 26, 1935 (Ga. L. 1935, p. 121), an Act approved March 30, 1937 (Ga. L. 1937, p. 109), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 150), an Act approved July 30, 1949 (Ga. L. 1949, Ex. Sess., p. 18), an Act approved March 12, 1953 (Ga. L. 1953, Jan.-Feb., p. 625), and an Act approved June 24, 1955 (Ga. L. 1955, Ex. Sess., p. 27), is hereby amended by striking therefrom the following: four per cent., and substituting in lieu thereof the following: five per cent., so that when so amended Code section 92-3102 shall read as follows: 92-3102. Rate of taxation of corporations .Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to five per cent. of the net income from property owned or from business done in Georgia, as is defined in section 92-3113. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1964.

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CODE 92-4101 THROUGH 92-4104 NOT APPLICABLE TO CITY OF PELHAM. Code 92-4101 Amended. No. 542 (House Bill No. 720). An Act to amend Code section 92-4101, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, as amended, so as to provide that the City of Pelham shall not be affected by the provisions of Code sections 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, relating to the limitation on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 92-4101 to read as follows: 92-4101. 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 Sections 92-4101 through 92-4104 shall not apply to the following municipalities: Savannah, Augusta, Bartow, Millen, Patterson, Blackshear, Warrenton, Cedartown, Bowdon, Atlanta, Albany, East Point, Douglas, Blue Ridge, Flowery Branch, Concord, Athens, Warwick, Springfield, Pooler, Brunswick, Rossville, Pelham. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Legislation. Georgia, Mitchell County. Notice is hereby given that there will be introduced at the 1964 session of the General Assembly convening on January 13, 1964, a bill to amend Code section 92-4101, relating to the limits on the amount of ad valorem tax which municipalities may levy for ordinary current expenses, so as to provide that the City of Pelham shall not be affected by the provisions of Code sections 92-4101 through 92-4104; and to repeal conflicting laws. This the 16th day of December, 1963. Frank S. Twitty, Representative, Mitchell County, Georgia. Georgia, Mitchell County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, Frank S. Twitty, who, on oath, deposes and says that he is Representative from Mitchell County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official newspaper organ of said county, on the following dates, December 19, 26, 1963, and January 2, 1964. /s/ Frank S. Twitty, Representative, Mitchell County, Georgia. Sworn to and subscribed before me, this 10th day of January, 1964. /s/ Irene H. Wallace, Notary Public, Mitchell County, Georgia. My Commission Expires Dec. 9, 1965. (Seal). Approved February 6, 1964.

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UNIFORM COMMERCIAL CODEAMENDED. Code 109A-9-104, 109A-9-106, 109A-9-302, 109A-9-307, 109A-9-402 and 109A-9-403 Amended. No. 546 (House Bill No. 797). An Act to amend Georgia Code Title 109A known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) as follows: To exempt from the filing provisions of Article 9 of the Uniform Commercial Code security interests in property of railroad, electric, gas and other public utility corporations; to provide with respect to securities issued by any municipal corporation, county or other political subdivision, authority or other similar public corporation, governmental agency or unit of this state that their negotiability shall be determined by the law of this state, that Sections 104, 202(1), 202(2), 203, 305 and 405 of Article 8 of the Uniform Commercial Code relating to over-issue, lost securities, validity and staleness shall not apply to them, and that Article 9 of the Uniform Commercial Code shall not apply to any security interests created by them; to amend Sections 402 and 403 of Article 9 of the Uniform Commercial Code to provide for the separate indexing on the real estate records of security interests relating to fixtures and for such indexing to be in the name of the record owner or lessee of the land where so indicated; to correct a typographical error in Section 307(2) of Article 9 of the Uniform Commercial Code, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 302 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to the filing provisions of said Article, is hereby amended by substituting ; or for the period at the end of subsection (3) (b) thereof, and by adding a new subsection (3) (c) to read as follows:

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(c) of this state which specifically provides for the recording of mortgages, deeds to secure debt, indentures, deeds of trust or other security agreements relating to property of railroad, electric, gas or other public utility corporations or of any receivers, trustees or other legally appointed officers in possession of or operating any such corporations. 109A-9-302 amended. Section 2. Section 106 of Article 8 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to the validity of investment securities and applicability of said Article, is hereby amended by adding thereto the following: With respect to securities issued by a municipal corporation, county or other political subdivision, authority or other similar public corporation, governmental agency or unit of this state, the negotiability thereof is governed by the law (including conflict of laws rules) of this state; the provisions of the following sections of this Article shall not apply: Section 109A-8-104, Section 109A-8-202(1) and (2), Section 109A-8-203, Section 109A-8-305 and Section 109A-8-405, and the validity of any security issued by any such issuer and all rights arising in connection with any such issuance shall continue to be determined by the provisions for the validation of bonds by counties, municipalities or other political subdivisions in Code Chapter 87-3 and with respect to revenue obligations issued by any municipal corporation, county or other political subdivision, authority, governmental agency, unit or other public corporation of this State shall be determined by the provisions for validation in the Revenue Bond Law of the State of Georgia (Ga. L. 1937, p. 761), as amended. Code 109A-9-106 amended. Section 3. Section 104 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to transactions excluded from said Article, is hereby amended by adding a new subsection (j) to read as follows: (j) To any security interest created in connection with any of its securities by a municipal corporation, county or

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other political subdivision, authority or other similar public corporation, governmental agency or unit of this State, including but not limited to, revenue obligations of any kind or type. Code 109A-9-104 amended. Section 4. Section 402 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to formal requirements of financing statements is hereby amended by striking the third sentence of subsection (1) thereof and substituting in its place the following sentence: When the financing statement covers crops growing or to be grown or goods which are, are to, or thereafter become fixtures, the statement must also contain a description of the real estate concerned and the name of the record owner or record lessee thereof., so that when so amended subsection (1) of said section 402 shall read as follows: (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 befoe 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, are to, or thereafter become fixtures, the statement must also contain a description of the real estate concerned and the name of the record owner or record lessee thereof. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by both parties. Code 109A-9-402 amended. Section 5. Section 402 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) is hereby further amended by adding to numbered paragraphs 2. and 3. of the form described in subsection (3) of said section, the following additional parenthetical instructions: (Name the Record Owner or Record Lessee of Said Real Estate).....,

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so that when so amended subsection (3) of said section shall read as follows: (3) A form substantially as follows is sufficient to comply with subsection (1); Name of debtor (or assignor) Address Code 109-A-9-402 amended. Name of secured party (or assignee) Address 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) (Name the Record Owner or Record Lessee of Said 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) (Name the Record Owner or Record Lessee of Said 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). Section 6. Section 403 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) relating to filing of financing statements is hereby amended by adding to

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subsection (4) thereof the following sentence: In addition to the indexing required in the previous sentence, statements covering crops growing or to be grown or goods which are, are to or thereafter become fixtures shall also be indexed in the real estate mortgage records by the filing officer according to the name of the owner or lessee given in the statement., so that when so amended subsection (4) of said section 403 shall read as follows: Code 109-A-9-403 amended. (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. In addition to the indexing required in the previous sentence, statements covering crops growing or to be grown or goods which are, are to or thereafter become fixtures shall also indexed in the real estate mortgage records by the filing officer according to the name of the owner or lessee given in the statement. Section 7. Section 307 of Article 9 of Code Title 109A, known as the Uniform Commercial Code (Ga. L. 1962, p. 156) as amended (Ga. L. 1963, p. 188) is hereby amended by substituting in subsection (2) thereof for the fifth to last word financial, the word financing, so that when so amended subsection (2) of said section 307 shall read as follows: (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-9-313), 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 financing statement covering such goods. 109A-9-307 amended.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1964. BANKS AND BANKINGRENEWAL OF CHARTERS. Code 13-1101 Amended. No. 547 (House Bill No. 787). An Act to amend Code section 13-1101, relating to the application for renewal of a bank charter, so as to change the amount of capital stock which must be voted in order to authorize an application for renewal of a bank charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-1101, relating to the application for renewal of a bank charter, is hereby amended by striking from the last sentence the word two-thirds, and inserting in lieu thereof the words a majority, so that when so amended section 13-1101 shall read as follows: Section 13-1101. Application for renewal . Any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law for the incorporation of banks, may have its charter renewed and its corporate existence extended for a period of 30 years by filing with the Secretary of State at any time within six months prior to the expiration of its charter an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, and when and how incorporated, giving the date of its original charter and all amendments thereto, and pray for a renewal of its charter, and upon filing such application, it shall pay to the Secretary of State a fee of $25 to be covered by him into the treasury of the State. Said bank shall also file with said application a certified

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abstract from the minutes of the stockholders thereof showing that the application for renewal of its charter has been authorized by a vote of a majority in amount of the entire capital stock of the bank at a meeting of the stockholders, called for the purpose of acting thereon, by resolution of the board of directors, notice of which meeting shall have been mailed to each stockholder, and in case of death to his legal representative, or heirs at law, addressed to his last known residence, at least 10 days previous to the date of said meeting. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1964. ELECTION LAWS STUDY COMMITTEE. No. 99 (House Resolution No. 342-759). A Resolution. To amend a Resolution creating the Election Laws Study Committee, approved April 12, 1963 (Ga. L. 1963, p. 492), so as to clarify the provisions relating to compensation for certain members; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia that the Resolution creating the Election Laws Study Committee, approved April 12, 1963 (Ga. L. 1963, p. 492), is hereby amended by striking the last paragraph in its entirety and inserting in lieu thereof the following: The members of the Committee shall receive compensation, per diem expenses, and allowances authorized for members of interim legislative committees, except that the Secretary of State and the Attorney General shall receive no additional compensation, but shall receive actual

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and necessary expenses relating to their services on the Committee. The members of the Committee shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations or available funds, and this shall apply to any such members who might be officials or employees of the Judicial or Executive Branches of the Government and regardless of any other provisions of any other law to the contrary. The Committee shall be authorized to meet for a total of 20 days. However, upon request of the Governor and the approval of the Speaker of the House and the President of the Senate, such additional time as will allow the Committee to complete the purposes of this Resolution shall be authorized. 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, and from any other available funds. 1963 Resolution amended. Be it further resolved that all laws and parts of laws in conflict herewith are hereby resolved. Approved February 17, 1964. RATES FOR LEGAL ADVERTISEMENTS. Code 39-1105 Amended. No. 549 (House Bill No. 900). An Act to amend section 39-1105 Code of Georgia as amended by an Act approved December 18, 1953, relating to rates to be allowed to publishers for publishing legal advertisements, so as to increase the rates to be allowed to the publishers for publishing legal advertisements in counties having a population of more than 250,000, according to the last or any future Federal Decennial Census, 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. Section 39-1105 of the Code relating to the fees for advertising, as amended by the Act approved December 18, 1953 (Ga. L. 1953 Nov.-Dec. Sess., pp. 271 et seq.) is hereby amended by adding at the end thereof, the following proviso: Provided, however, the rates to be allowed to publishers for publishing legal advertisements in counties having a population of more than 250,000 according to the last or any future Federal Decennial Census shall be as follows: For each 100 words or fraction thereof the sum of $2.00 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.00 for each 100 words or fraction thereof. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1964. HOSPITAL AUTHORITIES LAW AMENDED. No. 550 (House Bill No. 896). An Act to amend an Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. L. 1941, p. 241), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 116), so as to authorize a hospital authority to provide meals or housekeeping functions, or both, for tenants of low-rent housing projects for elderly persons; to define the word elderly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. L. 1941, p. 241), as

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amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 116), is hereby amended by adding a new sentence at the end of section 5 to read as follows, Every authority is hereby authorized and empowered to provide meals or housekeeping functions, or both, for tenants of low-rent housing projects for elderly persons, under such terms and conditions as the authority shall prescribe, either by contract or in such other manner as the authority deems advisable. An elderly person, for the purposes of this section, shall be as provided in the Federal Social Security Act, as now amended., so that when so amended section 5 shall read as follows: Elderly persons. Section 5. Every Authority shall be deemed to exercise public and essential governmental functions and shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power: To sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to exercise the powers of the Authority; to acquire, lease and operate hospital projects and to provide construction, reconstruction, improvement, alteration and repair of any such project and to lease and rent for any number of years any lands, buildings, structures or facilities in any existing or hereafter established hospital project and to establish rates and charges for the use of the services of the Authority; accept gifts, grants or devises of any property; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of any real or personal property or interest therein; to mortgage, pledge, assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such certificates shall not extend beyond a period of thirty years from the date of issuance thereof and provided further that such certificates shall be repayable from the revenues realized from the project or any part thereof; borrow money for any corporate purposes; to appoint officers, agents and employees; to make use of any facilities afforded by the

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Federal Government or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions, as well as to qualify and serve as administrator, to the same extent as any other creditor, upon the estate of any deceased person against whose estate said authority holds an indebtedness. Every authority is hereby authorized and empowered to provide meals or housekeeping functions, or both, for tenants of low-rent housing projects for elderly persons, under such terms and conditions as the authority shall prescribe, either by contract or in such other manner as the authority deems advisable. An elderly person, for the purposes of this section, shall be as provided in the Federal Social Security Act, as now amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1964. REVENUEMOTOR VEHICLE LICENSES. Code 92-2902 Amended. No. 551 (House Bill No. 921). An Act to amend an Act relating to motor vehicle licenses approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as previously amended by Ga. L. 1939, p. 295, Ga. L. 1943, p. 1714, Ga. L. 1946, p. 77, Ga. L. 1939, p. 347, Ga. L. 1943, p. 341, Ga. L. 1953, Nov.-Dec. Sess., p. 371, Ga. L. 1955, Ex. Sess., p. 38, Ga. L. 1957, p. 376, Ga. L. 1955, p. 303, Ga. L. 1955, p. 447, Ga. L. 1960, p. 777, and Ga. L. 1960, p. 998, all of which has been codified as Code Chapter 92-29, so as to provide for a new weight classification for private trucks and for the payment of an increase of $100.00 in the annual registration fee for operating motor vehicles under such classification and also to provide for a new weight classification for trucks used as common or contract carriers and for the payment of an

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increase of $150.00 in the annual registration fee for operating motor vehicles under such classification. Be it enacted by the General Assembly of Georgia: Section 1. That section 92-2902 of the Code of Georgia be, and hereby is amended by striking sub-paragraph (j) of sub-section (3) thereof which reads (j) 52,001 to maximum permitted$275.00 and substituting in lieu therefor the following: (j) 52,001 to 63,280 lbs.$275.00 (k) 63,281 to maximum permitted $375.00 so that said subsection (3) as amended shall read as follows: (3) Private trucks . For each private truck, in accordance with the owner declared gross weight, as follows: (a) Less than 6,000 lbs. $ 5.00 (b) 6,001 to 10,000 lbs. 10.00 (c) 10,001 to 14,000 lbs. 15.00 (d) 14,001 to 18,000 lbs. 20.00 (e) 18,001 to 24,000 lbs. 30.00 (f) 24,001 to 30,000 lbs. 40.00 (g) 30,001 to 36,000 lbs. 60.00 (h) 36,001 to 44,000 lbs. 100.00 (i) 44,001 to 52,000 lbs. 175.00 (j) 52,001 to 63,280 lbs. 275.00 (k) 63,281 to maximum permitted 375.00 except that a straight truck and not a truck tractor shall not be classified higher than (g) or $60: Provided, however, that straight trucks hauling forest products, fertilizer, and agricultural products shall not be classified higher than (e) or $25: and provided further than truck tractors hauling forest products or fertilizer shall not be classified higher than (i) or $175: and provided further that a truck tractor

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pulling a pole trailer hauling logs from the woods to the sawmill shall not be higher than (e) or $30. Section 2. That section 92-2902 of the Code of Georgia be, and hereby is amended by striking sub-paragraph (j) of sub-section (10) thereof which reads: (j) 52,001 to maximum permitted$550.00 and substituting in lieu therefor the following: (j) 52,001 to 63,280 lbs. $550.00 (k) 63,281 to maximum permitted 700.00 so that said sub-section (10) as amended shall read as follows: (10) Trucks used as common or contract carriers . For each truck or non-passenger-carrying motor vehicle operated as a common or contract carrier for hire, in accordance with owner declared gross weight, as follows: (a) Less than 6,000 lbs. $ 5.00 (b) 6,001 to 10,000 lbs. 10.00 (c) 10,001 to 14,000 lbs. 15.00 (d) 14,001 to 18,000 lbs. 20.00 (e) 18,001 to 24,000 lbs. 30.00 (f) 24,001 to 30,000 lbs. 80.00 (g) 30,001 to 36,000 lbs. 120.00 (h) 36,001 to 44,000 lbs. 200.00 (i) 44,001 to 52,000 lbs. 350.00 (j) 52,001 to 63,280 lbs. 550.00 (k) 63,281 to maximum permitted 700.00 except that a straight truck and not a truck-tractor shall not be classified higher than (g) or $120. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1964.

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MOTOR VEHICLESSIZE AND LOAD LIMITATIONS. No. 552 (House Bill No. 922). An Act to amend an Act governing and regulating the use of the public roads and highways of this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392) and an Act approved February 13, 1956 (Ga. L. 1956, p. 83), and an Act approved February 4, 1959 (Ga. L. 1959, p. 27), so as to change the maximum weight and length limitations on combinations of vehicles, for the purpose of legalizing the increased limitations which are now authorized by special permits; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act governing and regulating the use of the public roads and highways of this State approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392), an Act approved February 13, 1956 (Ga. L. 1956, p. 83), and an Act approved February 4, 1959 (Ga. L. 1959, p. 27), is hereby further amended by making statutory provision for a maximum length of fifty-five (55) feet and a maximum gross weight of 73,280 pounds for certain vehicles under certain conditions, and so as to change certain length limitations on vehicles, by striking therefrom subsections (a) and (c) of section 1 in their entireties and inserting in lieu thereof new subsections (a) and (c) which shall read as follows: (a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of thirteen (13) feet six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided

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and which are of such nature that they cannot be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purpose, for a fee not to exceed one dollar ($1.00); provided, however, that loads of poles, logs, lumber, structural steel, piping and timber may exceed the length herein fixed without requiring special permit. (c) Provided however (i) that the maximum total gross weight shall not exceed 73,280 pounds, (ii) that on roads constructed under the Rural Road Authority, this maximum total gross weight shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such roads. Provided further, that no officer or employee shall grant, authorize, or allow any length or weight in excess of the limitations herein provided (except by special permit as defined in paragraph (a) above) in any manner whatsoever. It shall be the duty of the Department of Public Safety, and of all other law enforcement officers to enforce this section. Provided further, however, that any vehicle, on which State and county ad valorem taxes have been paid, of a contractor who has a contract with the State Highway Department for the construction or maintenance of a road or highway may exceed the weight and length limits provided in this section when used in connection with such contract, without the necessity of obtaining a special permit herein required. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1964.

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GEORGIA FARMERS MARKET AUTHORITY ACT AMENDEDBONDS. No. 557 (Senate Bill No. 241). An Act to amend an Act known as the Georgia Farmers Market Authority Act, approved February 23, 1955 (Ga. L. 1955, p. 224), as amended by an Act approved January 30, 1957 (Ga. L. 1957, p. 3), so as to redefine the term bonds or revenue bonds, to more fully prescribe and set forth the remedies of bondholders; to provide for the duties and responsibilities of the State relative to all rents due the Authority; to provide for the assignment of any rentals due to the Authority; 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 Farmers Market Authority Act, approved February 23, 1955 (Ga. L. 1955, p. 224), as amended by an Act approved January 30, 1957 (Ga. L. 1957, p. 3) is hereby amended by striking subsection (b) of section 2 of said Act in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 13 in its entirety and by substituting in lieu thereof a new section 13 to read as follows: Section 13. Payment of rentals; limit; enforcement of covenants . The rental contracted to be paid by the State Department of Agriculture to the Authority under any lease entered upon pursuant to this Act shall be paid as provided in the lease contract. The rentals under all leases entered upon under the provisions of this Act shall not exceed in any fiscal year the sum of $1,200,000.00.

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The rentals contracted to be paid by the State Department of Agriculture or other department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Department of Agriculture or other department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 3. Said Act is further amended by striking section 28 in its entirety and by substituting in lieu thereof a new section 28 to read as follows: Section 28. Same; remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other

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charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations or any revenue bond issue, shall be subrogated to each any every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Department of Agriculture or other department, agency or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964.

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STATE PORTS AUTHORITY ACT AMENDEDBONDS. No. 558 (Senate Bill No. 242). An Act to amend an Act known as the State Ports Authority Act approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act, approved January 30, 1946 (Ga. L. 1946, p. 60), an Act approved February 17, 1949 (Ga. L. 1949, p. 778), an Act approved February 1, 1955 (Ga. L. 1955, p. 120), an Act approved March 27, 1958 (Ga. L. 1958, p. 714), an Act approved March 10, 1959 (Ga. L. 1959, p. 145), an Act approved February 29, 1960 (Ga. L. 1960, p. 150), an Act approved March 7, 1960 (Ga. L. 1960, p. 788), an Act approved March 17, 1960 (Ga. L. 1960, p. 956), and an Act approved April 4, 1963 (Ga. L. 1963, p. 342), so as to redefine the term bonds or revenue bonds; to provide for the duties and responsibilities of the State relative to all rents due the Authority; to provide for the assignment of any rentals due to the Authority; 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 Ports Authority Act approved March 9, 1945 (Ga. L. 1945, p. 464), as amended by an Act, approved January 30, 1946 (Ga. L. 1946, p. 60), an Act approved February 17, 1949 (Ga. L. 1949, p. 778), an Act approved February 1, 1955 (Ga. L. 1955, p. 120), an Act approved March 27, 1958 (Ga. L. 1958, p. 714), an Act approved March 10, 1959 (Ga. L. 1959, p. 145), an Act approved February 29, 1960 (Ga. L. 1960, p. 150), an Act approved March 7, 1960 (Ga. L. 1960, p. 788), an Act approved March 17, 1960 (Ga. L. 1960, p. 956), and an Act approved April 4, 1963 (Ga. L. 1963, p. 342), is hereby amended by adding at the end of section 3 thereof a new subsection to be known as subsection (g) which shall read as follows: (g) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds.

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Section 2. Said Act is further amended by inserting between paragraph 1 and paragraph 2 of section 10 new paragraphs to read as follows: The rentals contracted to be paid by the State, or any department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Chapter shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State, or any department, agency, or institution of the State to see to the punctual payment of all such rentals. Obligation of State. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority., so that when so amended Section 10 shall read as follows: Section 10. Revenues and Earnings . The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any person, firm or corporation with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of new construction of projects, (b) the cost of maintaining, repairing and operating

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the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for and (c) the principal of the revenue bonds and the interest thereon as the same shall become due. The revenues and earnings derived from the projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of, (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. The rentals contracted to be paid by the State, or any department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Chapter shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of

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the State, or any department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum use of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project to collect the same from all persons, firms or corporations using the same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964. STATE PENAL AND REHABILITATION AUTHORITY ACT AMENDEDBONDS. No. 559 (Senate Bill No. 243). An Act to amend an Act known as the State Penal and Rehabilitation Authority Act, approved March 17, 1960 (Ga. L. 1960, p. 892), so as to redefine the term bonds or revenue bonds, to more fully prescribe and set forth the remedies of bondholders; to provide for the duties and responsibilities of the State relative to all rents due the Authority; to provide for the assignment of any rentals

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due to the Authority; 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 Penal and Rehabilitation Authority Act, approved March 17, 1960 (Ga. L. 1960, p. 892), is hereby amended by striking subsection (e) of section 3 of said Act in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 18 in its entirety and by substituting in lieu thereof a new section 18 to read as follows: Section 18. Same; remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Board of Corrections or other contracting or leasing department, agency, or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus

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or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State; Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 3. Said Act is further amended by adding at the end of section 27 new paragraphs to read as follows: The rentals contracted to be paid by the State Board of Corrections or other contracting or leasing department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Corrections or other contracting or leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or

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equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. so that when so amended said section 27 shall read as follows: Section 27. Revenues, rents, and earnings; use .The Authority is hereby authorized to fix rentals and other charges which the State Board of Corrections shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with political sub-divisions, agencies, and with the State Board of Corrections, with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the State Board of Corrections or other contracting or leasing department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated

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for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Corrections or other contracting or leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964. STATE HOSPITAL AUTHORITY ACT AMENDEDBONDS. No. 560 (Senate Bill No. 244). An Act to amend an Act known as the State Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 56), an Act approved February 1, 1951 (Ga. L. 1951, p. 22), an Act approved March 2, 1953 (Ga. L. 1953, p. 357), and an Act approved January 28, 1960 (Ga. L. 1960, p. 48), so as to redefine the term bonds or revenue bonds; to more fully prescribe and set forth the remedies of bondholders; to provide for the duties and responsibilities of the State relative to all rents due the Authority; to provide for the assignment of any rentals due to 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 State Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and as amended by an Act approved January 30, 1946 (Ga. L. 1946, p. 56), an Act approved February 1, 1951 (Ga. L. 1951, p. 22), an Act approved March 2, 1953 (Ga. L. 1953, p. 357), and an Act approved January 28, 1960 (Ga. L. 1960, p. 48), is hereby amended by adding at the end of section 3 thereof a new subsection to be known as subsection (e) which shall read as follows: (e) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 9 in its entirety and by substituting in lieu thereof a new section 9 to read as follows: Section 9. Revenues, Rents, and Earnings; Use .(a) The Authority is hereby authorized to fix and to revise from time to time fees, rentals and other charges for the use of each project and for the services and facilities furnished by the same and to charge and collect the same and to lease and to make contracts with any agency or Department of the State with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect of the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (1) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indenture, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities at such institution, and (2) the principal of the

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revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the State Board of Health or other contracting or leasing department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Health or other contracting or leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. (b) The revenues and earnings derived from the project or projects for which a single issue of bonds is issued, except such part thereof as may be required to pay the cost of maintaining, repairing and operating the project or projects, and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be set aside at such regular intervals as may be provided in such resolution or such trust indenture in a sinking fund which is hereby pledged to, and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired

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by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the revenue bonds of the trust indenture, any moneys in such sinking fund in excess of an amount equal to one year's interest on all revenue bonds then outstanding may be applied to the purchase or redemption of bonds. All revenue bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project constructed under the provisions of this Act, including rules and regulations to insure maximum occupancy of each such project, and to impose rentals and other charges for the use of the facilities furnished by such project and to collect the same from all persons served thereby or from those responsible for their support or their guardians, trustees, or other legal representatives. Section 3. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Same; Remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the

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Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Board of Health or other contracting or leasing department, agency, or institution of the State, and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964.

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JEKYLL ISLANDSTATE PARK AUTHORITY ACT AMENDEDBONDS. No. 561 (Senate Bill No. 245). An Act to amend an Act known as the Jekyll IslandState Park Authority Act, approved February 13, 1950 (Ga. L. 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 782), an Act approved February 15, 1952 (Ga. L. 1952, p. 276), an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb., p. 261), an Act approved March 15, 1957 (Ga. L. 1957, p. 608), an Act approved February 10, 1960 (Ga. L. 1960, p. 89), and an Act approved April 9, 1963 (Ga. L. 1963, p. 391); so as to redefine the term bonds or revenue bonds, so as to more fully prescribe and set forth the remedies of bondholders; so as to provide for the duties and responsibilities of the State relative to all rents due the Authority; so as to provide for the assignment of any rentals due to the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Jekyll IslandState Park Authority Act, approved February 13, 1950 (Ga. L. 1950, p. 152), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 782), an Act approved February 15, 1952 (Ga. L. 1952, p. 276), an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb., p. 216), an Act approved March 15, 1957 (Ga. L. 1957, p. 608), an Act approved February 10, 1960 (Ga. L. 1960, p. 89), and an Act approved April 9, 1963 (Ga. L. 1963, p. 391) is hereby amended by striking subsection (f) of section 5 of said Act in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 18-D in its entirety and by substituting in lieu thereof a new section 18-D to read as follows:

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Section 18-D. Same; Remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to be extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State or any department, agency or institution of the State, and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State; Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the

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institution of any such proceedings to compel the payment of lease obligations. Section 3. Said Act is further amended by adding at the end of section 21-B new paragraphs to read as follows: The rentals contracted to be paid by the State or any department, agency or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State or any department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority., so that when so amended said section 21-B shall read as follows: Section 21-B. Revenues, Rents, and Earnings; Use .The Authority is hereby authorized to fix rentals and other charges, which any department, board, commission, authority, or agency of the State of Georgia shall pay to the Authority for the use of each project, or part thereof or combination of projects and to charge, and collect the same and to lease and make contracts with any department, board, commission, authority, or agency of the State of Georgia with respect to the use by any institution or unit under its control of any project or part thereof. Such rentals and

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other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewerage and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the State or any department, agency or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State or any department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964.

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UNIVERSITY SYSTEM BUILDING AUTHORITY ACT AMENDEDBONDS. No. 562 (Senate Bill No. 246). 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 by an Act approved February 5, 1951 (Ga. L. 1951, p. 44), an Act approved February 12, 1952 (Ga. L. 1952, p. 116), an Act approved February 6, 1959 (Ga. L. 1959, p. 30), an Act approved March 17, 1959 (Ga. L. 1959, p. 362), an Act approved March 17, 1960 (Ga. L. 1960, p. 887), and an Act approved February 12, 1962 (Ga. L. 1962, p. 37); so as to redefine the term bonds or revenue bonds; so as to more fully prescribe and set forth the remedies of bondholders; so as to provide for the duties and responsibilities of the State relative to all rents due the Authority; so as to provide for the assignment of any rentals due to the Authority; to repeal conflicting laws; and for other purposes. 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 by an Act approved February 5, 1951 (Ga. L. 1951, p. 44), an Act approved February 12, 1952 (Ga. L. 1952, p. 116), an Act approved February 6, 1959 (Ga. L. 1959, p. 30), an Act approved March 17, 1959 (Ga. L. 1959, p. 362), an Act approved March 17, 1960 (Ga. L. 1960, p. 887), and an Act approved February 12, 1962 (Ga. L. 1962, p. 37) is hereby amended by striking subsection (e) of section 3 of said Act in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 18 in its entirety and by substituting in lieu thereof a new section 18 to read as follows:

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Section 18. Same; remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the Board of Regents or other contracting or leasing department, agency or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I(a) of the Constitution of the State of Georgia and

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permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 3. Said Act is further amended by adding at the end of section 27 new paragraphs to read as follows: The rentals contracted to be paid by the Board of Regents or other leasing department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the Board of Regents or other leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority., so that when so amended said section 27 shall read as follows: Section 27. Revenues, rents, and earnings; use .The Authority is hereby authorized to fix rentals and other charges which the Board of Regents of the University System of Georgia shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with political subdivisions, agencies and with the Board of Regents of the University System of Georgia with respect to the use by any institution or unit under its control

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of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the Board of Regents or other leasing department, agency, or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the Board of Regents or other leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964. STATE OFFICE BUILDING AUTHORITY ACT AMENDEDBONDS. No. 563 (Senate Bill No. 247). An Act to amend an Act known as the State Office Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb., p. 355), an Act approved March 7, 1955 (Ga. L. 1955, p. 585), an Act approved March 7, 1960 (Ga. L. 1960, p. 192), an Act approved April 7, 1961 (Ga. L. 1961, p. 587), an Act approved March 6, 1962 (Ga. L. 1962, p. 660), an Act approved April 9, 1963 (Ga. L. 1963, p. 422); so as to redefine the term bonds or revenue bonds, to more fully prescribe and set forth the remedies of bondholders; to provide for the duties and responsibilities of the State relative to all rents due the Authority; to provide for the assignment of any rentals due to the Authority; 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 by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb., p. 355), an Act approved March 7, 1955 (Ga. L. 1955, p. 585), an Act approved March 7, 1960 (Ga. L. 1960, p. 192), an Act approved April 7, 1961 (Ga. L. 1961, p. 587), an Act approved March 6, 1962 (Ga. L. 1962, p. 660), an Act approved April 9, 1963 (Ga. L. 1963, p. 422); is hereby amended by striking subsection (d) of section 3 of said Act in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:

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(d) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by striking section 18 in its entirety and by substituting in lieu thereof a new section 18 to read as follows: Section 18. Same; Remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State or any department, agency or institution of the State, and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State. Provided, however, any provision of this or any other

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Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings, (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I(a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 3. Said Act is further amended by adding at the end of section 27 new paragraphs to read as follows: The rentals contracted to be paid by the State or any department, agency or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State, or any department, agency, or institution of the State, to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority., so that when so amended said section 27 shall read as follows: Section 27. Revenues, Rents, and Earnings; Use .The Authority is hereby authorized to fix rentals and other charges, which any department, board, commission or agency

Page 111

of the State of Georgia, governmental subdivisions thereof, or other persons, firms, or corporations, shall pay to the Authority for the use of each project, or part thereof or combination or projects and to charge, and collect, the same and to lease and make contracts with any department, board, commission or agency of the State of Georgia with respect to the use by an institution or unit under its control of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is used, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extra-ordinary trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. The rentals contracted to be paid by the State or any department, agency or institution of the State to the Authority under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State, or any department, agency, or institution of the State, to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may

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be required by the terms of any trust indenture entered into by the Authority. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964. STATE SCHOOL BUILDING AUTHORITY ACT AMENDEDBONDS. No. 564 (Senate Bill No. 248). An Act to amend an Act known as the State School Building Authority Act, approved February 19, 1951 (Ga. L. 1951, p. 241), as amended by an Act approved February 6, 1956 (Ga. L. 1956, p. 11), an Act approved March 17, 1956 (Ga. L. 1956, p. 806), an Act approved February 6, 1959 (Ga. L. 1959, p. 28), an Act approved March 17, 1959 (Ga. L. 1959, p. 363) and an Act approved March 7, 1960 (Ga. L. 1960, p. 775); so as to redefine the term bonds or revenue bonds; so as to more fully prescribe and set forth the remedies of bondholders; so as to provide for the duties and responsibilities of the State relative to all rents due the Authority; so as to provide for the assignment of any rentals due to the Authority; 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 School Building Authority Act, approved February 19, 1951 (Ga. L. 1951, p. 241), as amended by an Act approved February 6, 1956 (Ga. L. 1956, p. 11), an Act approved March 17, 1956 (Ga. L. 1956, p. 806), an Act approved February 6, 1959 (Ga. L. 1959, p. 28), an Act approved March 17, 1959 (Ga. L. 1959, p. 363) and an Act approved March 7, 1960 (Ga. L. 1960, p. 775) is hereby amended by striking subsection (e) of section 3 of said Act in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:

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(e) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Authority under the provisions of this Act, including refunding bonds. Bonds. Section 2. Said Act is further amended by adding at the end of section 14 new paragraphs to read as follows: The rentals contracted to be paid by the State Board of Education or other contracting or leasing department, agency or institution of the State to the Authority under leases or contracts entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State Board of Education or other contracting or leasing department, agency, or institution of the State to see to the punctual payment of all such rentals. Obligation of State. In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this Act, the Authority may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Authority shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Authority. Section 3. Said Act is further amended by striking section 18 in its entirety and by substituting in lieu thereof a new section 18 to read as follows: Section 18. Same; remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit, action, mandamus

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or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Authority upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Authority may possess against the State Board of Education, its successors or other contracting or leasing department, agency, or institution of the State; and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Authority and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State: Provided, however, any provision of this or any other Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1964.

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STATE EMPLOYEES' RETIREMENT SYSTEMMEMBERSHIP OF CERTAIN OFFICIALS. No. 570 (House Bill No. 835). 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 membership for any person becoming a Judge of the Court of Appeals or a Justice of the Supreme Court after April 1, 1964; to provide membership for certain previously ineligible State officials; to provide for membership for certain elective constitutional officials after April 1, 1964; to provide the conditions for membership to provide for contributions; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new subsection to section 3 to be known as subsection (9) to read as follows: (9) The provisions of this or any other law to the contrary notwithstanding, any person becoming a Judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System, and shall not be eligible to be appointed as Judge Emeritus of the Court of Appeals. The prohibition against appointment as Judge Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1964. Any person serving as Judge of the Court of Appeals on said date, must notify the Executive Secretary of the Employees' Retirement System on or before March 31, 1965, if he desires to become a member of the Retirement System. In the event such Judge does not give such notification to the Executive Secretary on or before the aforesaid date, he shall not thereafter be eligible to become a member of the Retirement System. No such Judge shall be entitled to rescind any such notification, and no such Judge shall be allowed to give

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any such notification after March 31, 1965. Any Judge giving such notification shall, upon the effective date of his membership, begin making those regular employee contributions as required by provisions of the law governing this System and shall be entitled to all the retirement allowances and credits provided for herein in the same manner as if he had become a member of the System on January 1, 1950, which shall include credit for prior service and any services performed by him as an employee subsequent to that date. All contributions which would have been reported for the Judges of the Court of Appeals had they become members on January 1, 1950, beginning with said date and up until April 1, 1964, shall be paid by the employer into the Pension Accumulation Fund in such manner and over such period of time as shall be agreed upon between the Board of Trustees and the employer. Eligibility for Survivor Benefits for any such Judge shall be determined on the same basis as that applicable to all other System members who were in State employment on January 1, 1953, or after, and benefit amounts shall be based upon the attained age of the Judge as of the effective date of his membership with this System. Eligibility for Survivor Benefits for any person who enters on duty as such Judge after April 1, 1964, shall be determined in the same manner as any other new member of this System. Judges of court of Appeals. Section 2. Said Act is further amended by adding a new subsection to section 3 to be known as subsection (10) to read as follows: (10) The provisions of this or any other law to the contrary notwithstanding any person becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Justice Emeritus of the Supreme Court. The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court on April 1, 1964. Any person serving as Justice of the Supreme Court on said date, must notify the Executive Secretary of the Employees' Retirement System on or before March 31, 1965, if he desires to become a member of the Retirement System. In

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the event such Justice does not give such notification to the Executive Secretary on or before the aforesaid date, he shall not thereafter be eligible to become a member of the Retirement System. No such Justice shall be entitled to rescind any such notification, and no such Justice shall be allowed to give any such notification after March 31, 1965. Any Justice giving such notification shall, upon the effective date of his membership, begin making those regular employee contributions as required by provisions of the law governing this System and shall be entitled to all the retirement allowances and credits provided for herein in the same manner as if he had become a member of the System on January 1, 1950, which shall include credit for prior service and any services performed by him as an employee subsequent to that date. All contributions which would have been reported for the Justices of the Supreme Court had they become members on January 1, 1950, beginning with said date and up until April 1, 1964, shall be paid by the employer into the Pension Accumulation Fund in such manner and over such period of time as shall be agreed upon between the Board of Trustees and the employer. Eligibility for Survivor Benefits for a present Justice shall be determined on the same basis as that applicable to all other System members who were in State employment on January 1, 1953, or after, and benefit amounts shall be based upon the attained age of the Justice as of the effective date of his membership. Eligibility for Survivor Benefits for any person who enters on duty as a Justice after April 1, 1964, shall be determined in the same manner as any other new member of this System. The term `Justice' as used herein shall include Chief Justice and Associate Justice. Justices of Supreme Court. Section 3. Said Act is further amended by adding a new subsection to section 3 to be known as subsection (11) to read as follows: (11) The provisions of this or any other law to the contrary notwithstanding, the head of any State department or agency who is an elective constitutional officer and who was previously ineligible by law for membership in the System may, at any time on or before March 31, 1965, elect

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to become a member of the System. He may elect such membership by giving notification thereof to the Executive Secretary of the Employees' Retirement System. Upon the effective date of his membership, he shall begin making those regular employee contributions as required by provisions of law governing this System and shall be entitled to all the retirement allowances and credits provided for herein in the same manner as if he had become a member of the System on January 1, 1950, which shall include credit for prior service and any service performed by him as an employee subsequent to that date. All contributions which would have been reported for such head of any State department or agency had he become a member on January 1, 1950, beginning with said date and up until April 1, 1964, shall be paid by the employer into the Pension Accumulation Fund in such manner and over such period of time as shall be agreed upon between the Board of Trustees and the employer. Eligibility for Survivor Benefits for any such person shall be determined on the same basis as that applicable to all other System members who were in State employment on January 1, 1953, or after, and benefit amounts shall be based upon the attained age of such person as of the effective date of his membership with this System. Constitutional officers. Section 4. Said Act is further amended by adding a new subsection to section 3 to be known as subsection (12) to read as follows: (12) The provisions of this or any other law to the contrary notwithstanding, any person becoming State Treasurer after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed State Treasurer Emeritus; any person becoming State School Superintendent after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed State School Superintendent Emeritus; any person becoming Comptroller General after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Comptroller General Emeritus; any person becoming Secretary of State after April 1, 1964, shall be a member of the

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Employees' Retirement System and shall not be eligible to be appointed Secretary of State Emeritus; any person becoming Attorney General after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Attorney General Emeritus; any person becoming Commissioner of Labor after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Commissioner of Labor Emeritus; any person becoming Commissioner of Agriculture after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Commissioner of Agriculture Emeritus; any person becoming a Public Service Commissioner after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Public Service Commissioner Emeritus. The prohibition against appointment to any of said Emeritus positions shall not apply to any person holding any of said State offices on April 1, 1964. Same. Section 5. This Act shall become effective April 1, 1964. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1964. STATE EMPLOYEES' RETIREMENT SYSTEMAMENDED. No. 578 (House Bill No. 836). An Act to amend an Act establishing the State Employees' Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to authorize the Board of Trustees to adopt simplified benefit tables; to authorize the establishment of an employer contribution rate; to establish conditions of eligibility of new members for survivor benefit coverage; to provide payment thereof; to provide conditions under which such coverage may be

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continued after separation from employment or upon retirement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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 sub-section (7) of section 6 a new paragraph to read as follows: On and after April 1, 1964, the Board of Trustees is hereby authorized to adopt simplified benefit tables which will enable a member to estimate his retirement allowances. Such tables, as adopted, shall (1) be based on an actuarial study, (2) maintain the actuarial soundness of the system, (3) be applied to the member's average monthly earnable compensation during a five year period, and (4) be applicable to all members. Provided, however, the above provisions or the application of such tables shall not reduce or impair the amount of any allowance or benefits to which any person who was a member on April 1, 1964, would have been entitled at that time or would be entitled at any time thereafter under tables or calculations which were in effect at that time or at any time prior thereto or at any time prior to the adoption of such simplified benefit tables. Simplified benefit tables. Section 2. Said Act is further amended by adding at the end of subsection (6) of section 8 a new paragraph to read as follows: On and after April 1, 1964, the Board of Trustees is hereby authorized to establish an employer contribution rate which shall not be effective prior to July 1, 1964, and which shall not be in an amount in excess of one-half of one per cent of a member's earnable compensation in addition to the contribution rate established for the fiscal year ending June 30, 1964. Employer contributions. Section 3. Said Act is further amended by adding a new subsection to section 17 to be known as subsection (9) to read as follows:

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(9) (a) On and after a date to be established by the Board of Trustees, but not prior to July 1, 1964, any person, upon becoming a new member, who has attained his 51st birthday and any member who has previously been ineligible for survivors' benefits and any member who has failed to avail himself of such coverage, shall not be eligible for the survivors' benefits provided for in this section. The additional contributions required under this section shall not be deducted from such individual's earnable compensation or from the earnable compensation of any other member not eligible for survivors' benefits. Any other person who becomes a new member on or after such established date shall be eligible for survivors' benefits and there shall be deducted from his earnable compensation as his payment for the coverage, the amount of 60 cents per month for each $1,000.00 of survivors' benefits for which he is eligible in accordance with the tables adopted for new members. Upon retirement, such member shall only be eligible to continue survivor's benefits based on tables and rates adopted by the Board of Trustees which are in effect on the date of his retirement. Survivors' benefits. (b) The provisions of subsection (7) and subsection (8) of this section 17 shall not apply to any person becoming a member on or after April 1, 1964. Section 4. This Act shall become effective April 1, 1964. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1964.

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INSURANCETAXATION BY MUNICIPALITIES, ETC. Code 56-1310 Enacted. No. 579 (House Bill No. 947). An Act to amend Chapter 56-13 of the Code of Georgia, known as the Georgia Insurance Code of 1960, approved March 8, 1960 (Ga. L. 1960, p. 289) relating to fees and taxes imposed on insurance companies so as to provide a uniform policy in this state in the exercise of the powers of municipal corporations and other political subdivisions to tax life insurance companies; to provide for the deduction of such fees and taxes paid to municipal corporations from the taxes paid to the state; to repeal conflicting laws, and for other purposes. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Legislative Intent . It is intended that this Act be an amendment to the Georgia Insurance Code to establish a uniform policy in this state with respect to the methods and rates of taxation of life insurance companies by municipal corporations of the state, and to provide a fair distribution of such taxes as between the state and such municipal corporations. Section 2. That Chapter 56-13 of the Code of Georgia, 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 of Georgia, relating to fees and taxes imposed on insurance companies be, and the same, is hereby amended by adding a new section to Chapter 56-13 of the Code of Georgia to be section 56-1310, relating to the powers of municipal corporations and other political subdivisions to tax life insurance companies, and the deduction of such taxes paid to municipal corporations from the taxes paid to the state, and which shall read as follows: Section 56-1310. Powers of municipal corporations and other political subdivisions to tax life insurance companies,

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deduction of taxes paid municipal corporations from state tax . (1) Except as otherwise provided in this section, the State of Georgia hereby pre-empts the field of imposing taxes, except taxes on real property and tangible personal property taxed ad valorem, upon life insurance companies, their agents and other representatives, including, but not limited to, excise, privilege, franchise, income, license, permit, registration and similar taxes and fees measured by premiums, income or volume of transactions, and no county or unincorporated area thereof, city, municipality, district, school district, or other political subdivision or agency of this state shall impose, levy, charge or require the same, except as herein provided in subsection (2) of this section. (2) Municipal corporations are authorized, in conformity with the requirements of their charters, to impose and collect the following license fees or taxes upon life insurance companies for the privilege of engaging in the business of insurance within said municipal corporation: (a) An annual license fee on each life insurance company doing business within the municipal corporate limits not to exceed the following schedule: Population of Municipal Corporation Amount Under 1000 $ 15.00 1000 - 1999 25.00 2000 - 4999 40.00 5000 - 9999 50.00 10,000 - 24,999 75.00 25,000 - 49,999 100.00 50,000 and over 150.00 and an additional annual license fee in the same amount for each separate business location in excess of one operated and maintained by such company within the same municipality. (b) A tax on each life insurance company doing business within the municipal corporate limits which shall be

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based solely upon such gross direct premiums, as defined in section 56-1303, as are received during the preceding calendar year from policies upon the lives of persons residing within the corporate limits of such municipal corporation; provided, however, that the rate of such tax may not exceed one (1%) per cent of such premiums. (c) During the period prior to January 1, 1968, any municipal corporation, which during the year 1963 imposed a tax on all premiums of life insurance companies, both first year and renewal, at a rate in excess of one (1%) per cent, may continue to impose a tax on such premiums at a rate greater than one (1%) per cent, notwithstanding the limitation of subsection (b) of this section; provided, however, that the rate of such tax shall not exceed such rate which was in effect in such municipal corporation during 1963 reduced annually beginning January 1, 1965, by one-quarter of the difference between such 1963 rate and one (1%) per cent. (d) Within forty-five (45) days after either the date of their enactment or January 1, 1965, whichever is later, each municipal corporation shall file with the Insurance Commissioner of the State of Georgia a certified copy of the pertinent parts of all ordinances and amendments thereto which impose any such license fee or tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. Each municipal corporation desiring to impose a tax under subsection (c) of this section shall within the same period also file a certified copy of its ordinance which imposed a tax on all premiums of life insurance companies during the year 1963. (3) Life insurance companies may, after January 1, 1966, deduct from premium taxes otherwise payable to this state under section 56-1303, in addition to all credits and abatements allowed by law, the license fees and taxes imposed pursuant to this section and paid to any municipal corporation during the preceding calendar year; except that during the calendar year 1966 the amount of such deduction shall be limited to fifty (50%) per cent of such license fees and taxes.

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(4) A `life insurance company' shall, for the purpose of this section, be construed to mean a company which is authorized to transact only the class of insurance designated in section 56-305 as Class (1). (5) Life insurance agencies which are company maintained and operated may not be separately taxed and licensed by municipal corporations except under the provisions of this section, but nothing herein contained shall prevent municipal corporations from separately imposing and collecting business licenses from independent insurance agencies or brokers doing a life insurance business not otherwise taxed hereunder; but no such license may be imposed on such independent agents or brokers which is measured by the premiums of life insurance companies. Section 3. This Act amendatory of the Georgia Insurance Code of 1960 shall become effective on January 1, 1965; but nothing contained in this Act shall be construed to relieve any such companies of any obligation to pay such municipalities' tax liabilities incurred prior to January 1, 1965, under ordinances in effect before such date. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1964. AID TO DEPENDENT CHILDREN ACT AMENDED. No. 581 (Senate Bill No. 3). An Act to amend an Act known as the Aid to Dependent Children Act approved February 26, 1937 (Ga. L. 1937, p. 630), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 307), so as to change the definition of the term Dependent Child, 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 Aid to Dependent Children Act approved February 26, 1937 (Ga. L. 1937, p. 630), as amended particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 307), is hereby amended by striking the figure 16, from the third paragraph of section 1 and inserting in lieu thereof the following words and figures: 18 years, who is in attendance in a public school, private school or vocational school or who, due to disability or illness, is unable to attend school and so that when so amended, the third paragraph of section 1 defining the term Dependent Child shall read as follows: Dependent Child, means a needy child under the age of 18 years, who is in attendance in a public school, private school or vocational school or who, due to disability or illness, is unable to attend school and who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives are not able to provide adequate care and support of such child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, guardian, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home. Provided, however, that in the event a child receiving assistance ceases to live with one of the relatives specified above due to the death of such relative or other emergency, the child's status as a dependent child shall continue for a temporary period during such emergency. Dependent child defined. The State Department of Family and Children Services is authorized to make application for, receive and disburse funds granted by the Department of Health, Education and Welfare for demonstration project purposes on behalf of children sixteen (16) through nineteen (19) years of age who are in families receiving Aid to Families with Dependent Children grants, for educational and training purposes;

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provided no State funds appropriated for such program are used therefor for grants or salaries of personnel employed, but such funds are either Federal, local County tax funds, or those voluntarily contributed by others. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1964. SENATORIAL DISTRICTSLANIER COUNTY. Code 47-102 Amended. No. 584 (House Bill No. 525). An Act to amend Code section 47-102, relating to State Senatorial Districts, as amended, so as to provide for a change in the composition of two districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-102, relating to State Senatorial Districts, as amended, is hereby amended by striking from section 7 the following: , Lanier, so that when so amended section 7 shall read as follows: 7. Atkinson, Clinch, Coffee and Ware. Section 2. Said Act is further amended by striking from section 8 the following: and Lowndes and inserting in lieu thereof the following: , Lowndes and Lanier, so that when so amended sub-section 8 shall read as follows: 8. Berrien, Cook, Echols, Lowndes and Lanier. Section 3. The provisions of this Act shall become effective beginning with the next election of State Senators in 1964.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 20, 1964. OUTDOOR ADVERTISING ADJACENT TO NATIONAL INTERSTATE AND DEFENSE HIGHWAYS. No. 585 (Senate Bill No. 123). An Act to promote the safety, convenience and enjoyment of public travel and the free flow of intrastate and interstate commerce; to protect the public investment in the National System of Interstate and Defense Highways in Georgia; to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the National System of Interstate and Defense Highways in Georgia; to declare legislative intent; to provide for definitions; to provide for measurements of distance; to provide for signs which shall not be permitted in protected areas; to provide for signs which may be permitted in protected areas; to provide for certain classes of signs to provide for general provisions; to provide for rules and regulations; to provide for exclusions; to provide for the administration of the provisions of this Act; to provide for permits; to provide for fees; to provide for the tagging of signs; to provide for the removal of signs; to provide for certain effective dates; to provide for remedies; 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. Legislative Intent . (a) In Title 23, United States Code, Section 131, Congress has declared that: (1) To promote the safety, convenience, and enjoyment of public travel and the free flow of interstate commerce and to protect the public investment in the National System

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of Interstate and Defense Highways, hereinafter called the Interstate System, it is in the public interest to encourage and assist the States to control the use of and to improve areas adjacent to such system by controlling the erection and maintenance of outdoor advertising signs, displays and devices adjacent to that system. (2) It is a national policy that the erection and maintenance of outdoor advertising signs, displays, or devices within six hundred and sixty feet of the edge of the right-of-way and visible from the main-traveled way of all portions of the Interstate System constructed upon any part of right-of-way, the entire width of which is acquired subsequent to July 1, 1956, should be regulated, consistent with national standards prepared and promulgated by the Secretary of Commerce. (b) This Act is hereby enacted to effectuate the participation of the State of Georgia in the program established under the provisions of Title 23, United States Code, Section 131. Section 2. Definitions . The following terms when used in this Act have the following meanings: (a) Acquired for right-of-way means acquired for right-of-way for any public road by the Federal Government, this State, or a county, municipality or other political subdivision of this State, by donation, dedication, purchase, condemnation, use, or otherwise. The date of acquisition shall be the date upon which title (whether fee title or a lesser interest) vested in the public for right-of-way purposes under applicable Federal or Georgia law. (b) Centerline of the highway means a line equidistant from the edges of the median separating the main-traveled ways of a divided Interstate highway or the centerline of the main-traveled way of a non-divided Interstate highway. (c) Controlled portion of the Interstate System means any portion which:

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(1) Is constructed upon any part of right-of-way, the entire width of which is acquired for right-of-way subsequent to July 1, 1956 (a portion shall be deemed so constructed, if within such portion, no line normal or perpendicular to the centerline of the highway and extending to both edges of the right-of-way will intersect any right-of-way acquired for right-of-way on or before July 1, 1956); (2) Lies within this State, if the State Highway Department of Georgia has entered into an agreement with the Secretary of Commerce as provided in 23 U. S. C. 131; and (3) Is not excluded under the terms of the Act which provide that agreements entered into between the Secretary of Commerce and the State Highway Department shall not apply to those segments of the Interstate System which traverse commercial or industrial zones within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the Interstate System is subject to municipal regulation or control. (d) Entrance roadway means any public road or turning roadway, including acceleration lanes, by which traffic may enter the main-traveled way of an Interstate highway from the general road system within a State, irrespective of whether traffic may also leave the main-traveled way by such road or turning roadway. (e) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. (f) Exit roadway means any public road or turning roadway, including deceleration lanes, by which traffic may leave the main-traveled way of an Interstate highway to reach the general road system within this State, irrespective of whether traffic may also enter the main-traveled way by such road or turning roadway. (g) Legible means capable of being read without visual aid by a person of normal visual acuity.

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(h) Maintain means to allow to exist. (i) Main-traveled way means the traveled way of an Interstate highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. (j) Protected area means all areas inside the boundaries of this State which are adjacent to and within six hundred sixty feet of the edge of the right-of-way of all controlled portions of the Interstate System within this State. Where a controlled portion of the Interstate System terminates at a boundary of this State which is not perpendicular or normal to the centerline of the highway, protected area also means all areas inside the boundary of this State which are within six hundred and sixty feet of the edge of the right-of-way of the Interstate highway in the adjoining State. (k) Scenic area means any public park or area of particular scenic beauty or historical significance designated by or pursuant to Georgia laws as a scenic area, or designated as such by the Director. (l) Sign means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the maintraveled way of a controlled portion of the Interstate System. (m) Trade name shall include brand name, trademark, service mark, distinctive symbol, or other similar device or thing used to identify particular products or services. (n) Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders. (o) Turning roadway means a connecting roadway for

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traffic turning between two intersection legs of an interchange. (p) Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. (q) Director means the Director of the State Highway Department. Section 3. Measurements of distance . (a) Distance from the edge of a right-of-way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway. (b) All distance under Section 6 shall be measured along the centerline of the highway between two vertical planes which are normal or perpendicular to and intersect the centerline of the highway, and which pass through the termini of the measured distance. Section 4. Signs that shall not be permitted in protected areas . Erection or maintenance of the following signs shall not be permitted in protected areas: (a) Signs advertising activities that are illegal under Georgia or Federal laws or regulations in effect at the location of such signs or at the location of such activities. (b) Obsolete signs. (c) Signs that are not clean and in good repair. (d) Signs that are not securely affixed to a substantial structure, and (e) Signs that are not consistent with the standards in this Act. Section 5. Signs that may be permitted in protected areas . (a) Erection or maintenance of the following signs may be permitted in protected areas:

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Class 1 Official signs . Direction or other official signs or notices erected and maintained by public officers or agencies pursuant to and in accordance with direction or authorization contained in Georgia or Federal law, for the purpose of carrying out an official duty or responsibility. Class 2 On premise signs . Signs not prohibited by Georgia law which are consistent with the applicable provisions of this section and section 7 and which advertise the sale or lease of, or activities being conducted upon, the real property where the signs are located. Not more than one such sign advertising the sale or lease of the same property may be permitted under this Class in such manner as to be visible to traffic proceeding in any one direction on any one Interstate highway. Not more than one such sign, visible to traffic proceeding in any one direction on any one Interstate highway and advertising activities being conducted upon the real property where the sign is located, may be permitted under this Class more than 50 feet from the advertised activity. Class 3 Signs within 12 miles of advertised activities . Signs not prohibited by Georgia law which are consistent with the applicable provisions of this section and Sections 6 and 7 and which advertise activities being conducted within 12 air miles of such signs. Class 4 Signs in the specific interest of the traveling public . Signs authorized to be erected or maintained by State law which are consistent with the applicable provisions of this section and sections 6 and 7 and which are designed to give information in the specific interest of the traveling public. (b) A Class 2 or 3 sign, except a Class 2 sign not more than 50 feet from the advertised activity, that displays any trade name which refers to or identifies any service rendered or product sold, used or otherwise handled more than 12 air miles from such sign may not be permitted unless the name of the advertised activity which is within 12 air

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miles of such sign is displayed as conspicuously as such trade name. (c) Only information about public places operated by Federal, State or local governments, natural phenomena, historic sites, areas of natural scenic beauty or naturally suited for outdoor recreation, and places for camping, lodging, eating and vehicle service and repair is deemed to be in the specific interest of the traveling public. For the purposes of the standards in this Act, a trade name is deemed to be information in the specific interest of the traveling public only if it identifies or characterizes such a place or identifies vehicle service, equipment, parts, accessories, fuels, oils, or lubricants being offered for sale at such a place. Signs displaying any other trade name may not be permitted under Class 4. (d) Notwithstanding the provisions of paragraph (b) of this section, Class 2 or Class 3 signs which also qualify as Class 4 signs may display trade names in accordance with the provisions of paragraph (c) of this section. Section 6. Class 3 and 4 signs . The erection or maintenance of Class 3 and 4 signs may not be permitted in any manner inconsistent with the following: (a) In protected areas in advance of an intersection of the main-traveled way of an Interstate highway and an exit roadway, such signs visible to Interstate highway traffic approaching such intersection may not be permitted to exceed the following number: Distance from intersection Number of signs 0-2 miles 0 2-5 miles 6 More than 5 miles Average of one sign per mile. The specified distances shall be measured to the nearest point of the intersection of the traveled way of the exit roadway and the main-traveled way of the Interstate highway.

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(b) Subject to the other provisions of this section, not more than two such signs may be permitted within any mile distance measured from any point, and no such signs may be permitted to be less than 1,000 feet apart. (c) Such signs may not be permitted in protected areas adjacent to any Interstate highway right-of-way upon any part of the width of which is constructed an entrace or exit roadway. (d) Such signs visible to Interstate highway traffic which is approaching or has passed an entrace roadway may not be permitted in protected areas for 1,000 feet beyond the furthest point of the intersection between the traveled way of such entrance roadway and the maintraveled way of the Interstate highway. (e) No such signs may be permitted in scenic areas. (f) Not more than one such sign advertising activities being conducted as a single enterprise or giving information about a single place may be permitted to be erected or maintained in such manner as to be visible to traffic moving in any one direction on any one Interstate highway. Section 7. General provisions . No Class 3 or 4 signs may be permitted to be erected or maintained pursuant to section 6, and no Class 2 signs may be permitted to be erected or maintained, in any manner inconsistent with the following: (a) No sign may be permitted which attempts or appears to attempt to direct the movement of traffic or which interferes with, imitates or resembles any official traffic sign, signal or device. (b) No sign may be permitted which prevents the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic. (c) No sign may be permitted which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights.

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(d) No lighting may be permitted to be used in any way in connection with any sign unless it is so effectively shielded as to prevent beams or rays of light from being directed at any portion of the main-traveled way of the Interstate System, or is of such low intensity or brilliance as not to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver's operation of a motor vehicle. (e) No sign may be permitted which moves or has any animated or moving parts. (f) No sign may be permitted to be erected or maintained upon trees or painted or drawn upon rocks or other natural features. (g) No sign may be permitted to exceed 20 feet in length, width, or height, or 150 square feet in area, including border and trim but excluding supports, except Class 2 signs not more than 50 feet from and advertising activities being conducted upon, the real property where the sign is located. Section 8. Exclusions . The standards shall not apply to markers, signs and plaques in appreciation of sites of historical significance for the erection of which provisions are made in an agreement between this State and the Secretary of Commerce as provided in 23 U. S. C. 131, unless such agreement expressly makes all or any part of the standards applicable. Section 9. Administration; rules and regulations . The State Highway Department through the Director thereof is hereby authorized and directed to administer the provisions of this Act. The Director is hereby authorized to enter into a contract with the Secretary of Commerce of the United States providing for the enforcement of the national standards regarding outdoor advertising along the Interstate System promulgated under the authority of the Federal Aid Highway Act of 1958 (Title 23, United States Code, Section 131). The Director is hereby authorized to promulgate rules and regulations relative to the administration of this Act.

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Section 10. Permits . No Class 3 or Class 4 sign shall be erected unless a permit authorizing such erection shall be obtained from the State Highway Department. A separate permit shall be required for each sign and no permit may be transferred. A permit shall remain valid for one year from the date of its issuance, but may be renewed annually if such renewal is applied for not less than ten nor more than sixty days prior to the expiration date. Any person desiring a permit shall make application therefor on forms prescribed by the State Highway Department to the Department, either in person at the main office of the Department in Atlanta or by mail to the Department at such office. Each application must be accompanied by a permit fee of $10.00. Applications for renewals shall be made in like manner and shall also be accompanied by a fee of $10.00. Applications for available Class 3 and Class 4 sign sites where the number of applications shall exceed the available sites, shall be awarded upon the following basis: (1) Agencies of the State of Georgia in order of their applications. (2) Counties or incorporated municipalities in the order of their applications. (3) Federal agencies in the order of their applications. (4) All other applicants in the order of their applications, giving preference, however, to the holder of any existing permit for renewal thereof. Applications received during the same day shall be construed as having been received simultaneously. In the event of simultaneous applications, the Highway Department shall determine by lot which applicant shall receive the permit. Section 11. Tags for signs . The holder of a permit is hereby required and directed to attach to the sign erected under the authority of such permit, a tag provided by the State Highway Department containing the permit number, the expiration date thereof, and the name of the person, firm, corporation, association, or other organization or entity to whom the permit was issued.

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Section 12. Offending signs; dates . No outdoor advertising sign, display or device which is inconsistent with the provisions of this Act shall be allowed to remain after July 1, 1966, in areas adjacent to any segment of the Interstate System which, prior to July 1, 1963, either has been completed to the geometric and design standards adopted for that system, or is under contract for completion to such standards. Section 13. Remedies; penalties; enforcement . (a) The Director is hereby given the power to enjoin the erection of any sign unless the permit therefor is first obtained, or the erection of any sign in violation of any of the provisions of this Act. (b) 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. (c) The Director is hereby authorized to remove any sign erected in violation of the provisions of this Act after thirty days written notice to the person holding the permit for such sign, or in the event no permit was obtained, after thirty days written notice to the person erecting the sign or the person causing the sign to be erected, and the cost of such removal shall be borne by the offender and such cost shall be paid to the State Highway Department. If such cost is not forthcoming, the Director is hereby authorized to bring suit to recover such cost. (d) The Director and such other personnel of the State Highway Department as shall be designated by the Director and all law enforcement officers are hereby authorized to enter upon private property for the purpose of inspecting signs. Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964.

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INCOME TAX REFUNDS TO SURVIVING SPOUSE. No. 586 (Senate Bill No. 236). An Act to authorize the payment of certain federal tax refunds to a surviving spouse; 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. In any case where the United States Treasury Department or the Department of Revenue of the State of Georgia determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is dead at the time such overpayment is to be refunded, the amount of such overpayment, if not in excess of five hundred ($500.00) dollars, shall be the sole and separate property of the decedent's surviving spouse, if any, irrespective of whether the deceased had filed a joint and several or separate income tax return. The refund of said overpayment directly to said surviving spouse by the United States or the State of Georgia shall operate as a complete acquittal and discharge to the United States or the State of Georgia of liability from any suit, claim or demand of whatever nature, by any heir, distributee, creditor of the decedent, or any other person. Such refund is hereby authorized to be made as provided herein, without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary or without the necessity of appointing a personal representative for the surviving spouse or regardless of the provisions of any other law to the contrary notwithstanding. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964.

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ACTIONSDEFICIENCIES IN IMPROVEMENTS ON REAL PROPERTY. Code 3-110.1 Enacted. No. 590 (House Bill No. 1206). An Act to amend Code Chapter 3-1, relating to the general principles of actions, so as to provide that in any action arising out of alleged deficiencies in the construction of improvements on real property, the party defendant may join in one action, as parties defendant, all parties who allegedly contributed in the construction of said improvements as well as all bonding companies who bonded the performance of the parties defendant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 3-1, relating to the general principles of actions, is hereby amended by adding following Code section 3-110 a new Code section to be numbered Code section 3-110.1 and to read as follows: 3-110.1 . Notwithstanding the provisions of Code section 3-110, in any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of said improvements as well as all bonding companies who bonded the performance of the parties defendant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964.

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GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT AMENDED. No. 591 (House Bill No. 960). An Act to amend an Act known as the Georgia Agricultural Commodities Promotion Act, approved March 30, 1961 (Ga. L. 1961, p. 301), so as to provide for a change in the time limitation for extending the referendum period; to remove the provisions relating to written requests for termination of marketing orders; to provide for the termination and expiration of marketing orders; to provide for the extension of marketing orders; to provide for an expiration date for marketing orders presently in effect; to provide for the employment of counsel; to provide for definitions; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Agricultural Commodities Promotion Act, approved March 30, 1961 (Ga. L. 1961, p. 301), is hereby amended by striking subsection (e) of section 9 in its entirety, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Each commission is hereby authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid and assist the commission in the performance of its duties. Compensation for such services shall be fixed by each commission and may be paid from the funds of each commission. Each commission is hereby authorized to employ legal counsel for advice, counsel and representation, and to pay for the services of such counsel from the funds of the commission. Neither the provisions of section 7 of an Act approved February 12, 1959 (Ga. L. 1959, p. 34), as amended, nor of any other law, shall prohibit or be applicable to the employment of such counsel. Powers. Section 1A. Said Act is further amended by adding at the end of paragraph (b) of section 3 the following:

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For the purposes of this Act, a livestock producer shall be any producer who is the owner of at least five head of any particular type livestock. Livestock producer defined. Section 2. Said Act is further amended by striking from paragraph (6) of subsection (a) of section 14 the words and figures ninety (90) days, and inserting in lieu thereof the words and figures thirty (30) days, so that when so amended paragraph (6) of subsection (a) of section 14 shall read as follows: (6) In any referendum under the provisions of this subsection the commission or commissioner shall not be authorized to extend the referendum period beyond a period of thirty (30) days, and in the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of twelve (12) months from the date of the close of the previous referendum period. Referendums. Section 3. Said Act is further amended by adding a new section to be known as section 14A to read as follows: Section 14A. (a) Unless extended as hereinafter provided, all marketing orders issued under the authority of this Act shall expire, terminate, and become of no force and effect at the expiration of three (3) years from the date of the issuance of the original marketing order, or if said marketing order has been extended, at the expiration of three (3) years after the date of any such extension. Marketing orders. (b) In the event any one of the following conditions is complied with, a marketing order shall be extended for a period of three (3) years after the date of its original expiration: (1) That such marketing order has been assented to in writing by not less than sixty-five per cent (65%) of the producers who are engaged, within the areas specified in such marketing order, in the production for market or engaged in such producer marketing, of not less than fifty-one

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percent (51%) of the agricultural commodity specified therein in commercial quantities, or (2) That such marketing order has been assented to in writing by producers who produce not less than sixty-five per cent (65%) of the volume of such agricultural commodity and by fifty-one per cent (51%) of the total number of producers so engaged, or (3) That such marketing order has been approved or favored by producers in a referendum among producers directly affected if at least sixty-six and two-thirds percent (66[UNK]%) of the votes cast in such referendum favor the extension of such marketing order. If the commissioner or commission determines that a referendum shall be held, the commissioner or commission shall establish a referendum period of thirty (30) days, said referendum period to terminate at least thirty (30) days prior to the expiration date of the marketing order which is the subject of said referendum. At the close of such referendum period, the commissioner or commission shall count and tabulate the ballots cast during said period. If from such tabulation the commissioner or commission finds that the number of producers voting in favor of the extension of such marketing order is not less than sixtysix and two-thirds per cent (66[UNK]%) of the total number of ballots cast, then such marketing order shall be extended for a period of three (3) years after the expiration date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the required sixty-six and two-thirds per cent (66[UNK]%) of the total number of ballots cast, then said marketing order shall expire, terminate and be of no force and effect as heretofore provided. (c) All marketing orders which are in existence on the effective date of this Act shall automatically expire and terminate on the 31st day of March 1967, unless extended as hereinbefore provided.

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Section 4. This Act shall become effective on April 1, 1964. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964. DEPARTMENT OF PUBLIC SAFETYCONSTRUCTION COSTS OF BARRACKS, ETC. No. 592 (House Bill No. 948). An Act to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 3, 1943 (Ga. L. 1943, p. 196), so as to authorize the payment of a portion of construction costs of quarters, barracks and other facilities for the Uniform Division of the Department of Public Safety on property deeded to the State under a deed containing a reversionary clause; 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 creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 3, 1943 (Ga. L. 1943, p. 196), is hereby amended by adding at the end of the second paragraph of section 12 of Article II the following: If the deed from said municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that such property shall revert to such municipality or county in the event it ceases to be used for such headquarters, the Director shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks or other facilities

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for such headquarters, which shall, in any manner whatsoever, obligate the Department to pay for more than onehalf the costs of construction of such quarters, barracks or other facilities. Any such contract or agreement must be approved by the Department. so that when so amended section 12 shall read as follows: Section 12. In the event any district or division headquarters is established by the Director of the Department of Public Safety, he shall be authorized with the approval of the Department of Public Safety to purchase, lease or construct proper quarters or barracks for the men and equipment at such district or division, and to this end may contract with municipalities, persons or corporations in the name of the State of Georgia and the Department of Public Safety is authorized to accept in the name and behalf of the State of Georgia any property, equipment, or service that may be donated for use at headquarters, any division or district thereof, which may be of value to any division of the Department of Public Safety. Any municipality or county of this State is authorized to purchase and convey property by deed, gift, rent or lease for the use of the Department of Public Safety for such division or district headquarters. If the deed from said municipality or county to the property to be used for such headquarters contains a reversionary clause to the effect that such property shall revert to such municipality or county in the event it ceases to be used for such headquarters, the Director shall not be authorized to enter into any contract or agreement relative to the construction of quarters, barracks or other facilities for such headquarters, which shall, in any manner whatsoever, obligate the Department to pay for more than one-half the costs of construction of such quarters, barracks or other facilities. Any such contract or agreement must be approved by the Department. The Director of Public Safety shall appoint a qualified member of the Uniform Division of the Department of Public Safety to act as treasurer of such district or division headquarters, who shall be required to give a good and

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sufficient bond in amount of $2,000 conditioned for the faithful discharge of his duties to be payable to the Governor of the State of Georgia and his successors in office and approved by the Director of the Department of Public Safety. Each district or division shall be provided with the necessary clerical help from the Uniform Division of the Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964. STATE PROPERTIES CONTROL CODE. Code Chapter 91-1A Enacted. No. 597 (House Bill No. 1030). An Act to provide for the leasing of all or any part of the Western and Atlantic Railroad, certain State property within the City of Chattanooga, Tennessee, the old Governor's Mansion site within the City of Atlanta, Georgia, and certain surplus State property; to provide for the control, management and preservation of such property; to provide for a short title; to provide for definitions of certain words used in this Act; to create the State Properties Control Commission; to define the powers and duties of such Commission concerning such property; to vest in such Commission the power of eminent domain; to authorize such Commission to employ personnel as may be necessary to discharge its duties; to authorize the Commission to adopt rules and regulations and to provide that any person violating same shall be guilty of a misdemeanor; to empower such Commission to determine the contents of all instruments executed by it consistent with the limitations imposed by this Act; to prescribe a competitive bidding procedure concerning leases; to authorize the negotiation of a lease or leases of Western and Atlantic Railroad property to be operated for railroad

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purposes; to provide for the acceptance or rejection of certain bids and offers by the General Assembly; to provide for the execution of certain instruments; to require certain conveyances to be recorded in the office of the Secretary of State; to require such Commission to keep records and to make the same subject to public inspection; to provide that any lessee of the Western and Atlantic Railroad shall be subject to the regulation of the Georgia Public Service Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following provisions shall constitute the State Properties Control Code, and shall be Chapter 91-1A of the Code of Georgia and shall be inserted between Chapters 91-1 and 91-2 of the Code of Georgia. Chapter 91-1A. State Properties Control Code. Section 91-101A. Short title .This Act shall be known, and may be cited, as the State Properties Control Code. Section 91-102A. Definitions .The following words, when used in this Code, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The word Commission shall mean the State Properties Control Commission as created by Section 91-103A; (b) The word lease shall include any instrument which creates the relationship of landlord and tenant, an estate for years, a license, or a concession; (c) The word person shall mean any individual, partnership, firm, corporation, governmental body or other organization; and (d) The word property shall mean: (i) the Western and Atlantic Railroad and its terminals in the Cities of Atlanta, Georgia, and Chattanooga, Tennessee, and certain other lands and buildings in such Cities, and along the line

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of such Railroad; (ii) if the tract or lot of land in the City of Chattanooga, Hamilton County, Tennessee, bounded by Market Street, Georgia Avenue and Tenth Street, having a frontage of 165 feet on Market Street, 128 feet on Georgia Avenue, and 93 feet on Tenth Street; (iii) the tract or lot of land in the City of Chattanooga, Hamilton County, Tennessee, situated at the corner of Market and Eleventh Streets, having a frontage of 61 feet on Market Street and extending back along Eleventh Street 167 feet; (iv) the square on the southwest corner of Peachtree and Cain Streets in the City of Atlanta, Georgia, on which the Governor's Mansion formerly stood; and (v) any State-held real property under the control of any State department, authority, agency, official or other instrumentality, when the head of such instrumentality, with the approval of the Governor, declares such property surplus and transfers control thereof to the Commission. Section 91-103A. Commission; creation; members; officers; quorum; meetings; seal; by-laws; compensation .(a) There is hereby created within the Executive Branch of State Government a body to be known as the State Real Properties Control Commission which shall consist of: the Governor; the Secretary of State; the Treasurer; the State Auditor; the Chairman of the Georgia Public Service Commission; the President of the Senate; the Speaker of the House; the Chairman of the State Institutions and Property Committee of the House of Representatives; a member of the House of Representatives to be elected by a majority vote of the House at the 1965 regular session of the General Assembly, and biannually thereafter; the Chairman of the Public Utilities and Transportation Committee of the Senate; and a member of the Senate to be elected by a majority vote of the Senate at the 1965 regular session of the General Assembly, and biannually thereafter. Such State Institutions and Property Committee shall elect one of its members to serve on the Commission until such time as a member of the House is elected in the 1965 regular session as hereinabove provided. Such Public Utilities and Transportation Committee shall elect one of its members to serve on the Commission until such time as a member

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of the Senate is elected in the 1965 regular session as hereinabove provided. (b) The Governor shall be the Chairman of the Commission, the State Auditor shall be its Vice Chairman, and the Secretary of State shall be its Secretary. Five members of the Commission shall constitute a quorum. No vacancy on the Commission shall impair the right of the quorum to exercise all the powers and perform all the duties of the Commission. (c) Meetings shall be held whenever necessary to the performance of the duties of the Commission on call of the Chairman, Vice Chairman or three of its members. Minutes shall be kept of all meetings of the Commission and a record kept of the vote of each member on all questions coming before the Commission. The Secretary shall give to each member at least three days prior notice of the time and place of each meeting of the Commission. (d) The Commission shall adopt a seal for its use, and by-laws for its own government and procedure. (e) The legislative members of the Commission shall receive the same compensation as members of interim legislative committees while traveling to and from and in attending to the business of the Commission, and while traveling and on business as a member of a committee of the Commission when first authorized by the Commission, plus reimbursement for actual expenses necessarily incurred therewith. Such disbursements shall be paid from legislative funds. All other members of the Commission shall receive their necessary traveling and other expenses incurred in the performance of their duties. It is not the intent of the General Assembly to reduce by virtue of this Code the compensation of any State officer and it is hereby provided that the compensation for services on the Commission for a State officer serving thereon shall be the total of the amounts presently received by him under the agencies herein abolished.

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Section 91-104A. Powers and duties of the Commission . The Commission shall have the power and duty: (a) To lease to any person any part of the property; (b) To prepare, in advance of advertising for bids as provided by Section 91-109A or instituting negotiation as provided by Section 91-110A, a thorough report of such data as will enable the Commission to arrive at a fair valuation of the property involved in such advertisement or negotiation; and to include within such report at least two written appraisals of the value of such property which shall be made by persons familiar with property values in the area where such property is situated; and in a case involving property having a fair market value in excess of $50,000, such appraisals shall be supplemented by an appraisal of the value of such property made by a qualified national appraisal agency; and, in the case of a lease having a remaining term in excess of five years from the effective date of this Code, to begin the preparation of such a report on such leasehold interest at least five years prior to the expiration of such term; (c) To contract with any person for the preparation of a study or report as to actual values, lease values, insurance values, utilization, and any other data necessary or desirable to assist the Commission in the performance of its duties; (d) To control, manage and preserve the property; (e) To maintain at all times a current inventory of the property; (f) To authorize the payment of any tax or assessment legally levied by the State of Tennessee, or any governmental subdivision thereof, upon any part of the property situated within the State of Tennessee; (g) To insure the improvements on all or any part of the property against loss or damage by fire, lightning, tornado or other insurable casualty; and to insure the contents of any such improvement against such loss or damage;

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(h) To periodically inspect any property under lease in order to determine whether it is being kept, preserved, cared for, maintained and operated in accordance with the provisions of the lease contract, and to take such action necessary to correct any violation of the provisions of such contract; (i) To deal with and dispose of any unauthorized encroachment upon, or use or occupancy of any part of the property, whether such encroachment, use or occupancy be permissive or adverse, or whether with or without claim of right therefor; to determine whether such encroachment, use or occupancy shall be removed or discontinued, or whether it shall be permitted to continue, and, if so, to what extent and upon what terms and conditions; to adjust, settle and finally dispose of any controversy that may exist or arise with respect to any such encroachment, use or occupancy in such manner and upon such terms and conditions as the Commission may deem to be in the best interests of the State; to take such action as the Commission may deem proper and expedient to cause the removal or discontinuance of any such encroachment, use or occupancy; and to institute and prosecute in the name and on behalf of the State such suits and other legal proceedings as the Commission may deem appropriate for the protection of the State's interest in or the assertion of the State's title to such property; (j) To settle and adjust any claim or dispute of any kind whatsoever arising out of the operation or expiration of any lease of property or grant of rights in property; and, in the case of a lease of the Western and Atlantic Railroad, to make all settlements and adjustments touching the return of the Railroad, its appurtenances and property of every kind included in such lease, at the expiration of the same, in accordance with the terms and conditions of such lease, and thereafter make delivery to and take receipt from any new lessee of all property leased to such lessee; and (k) To exercise such other powers and to perform such other duties as may be necessary or desirable to effectuate the purposes of this Code.

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Section 91-105A. Power of eminent domain .The Commission shall have the power to take or damage by condemnation, private property for public purposes of the State of Georgia upon first paying or tendering to the owner just compensation. Such power shall be cumulative of any other power of eminent domain provided by law. Condemnation proceedings by the Commission acting for and on behalf of the State of Georgia shall take the form provided in Part II of Title 36 of the Code of Georgia, as amended or as the same may hereafter be amended, or in Chapter 36-11 of the Code of Georgia, as amended or as the same may hereafter be amended. Section 91-106A. Personnel; merit and retirement systems . (a) The Commission is authorized to employ on a full or part-time basis professional personnel, clerical and other employees as may be necessary to discharge the duties of the Commission. (b) The Commission is authorized to promulgate a merit system of employment under which such employees shall be selected on the basis of merit. (c) All employees of the Commission are hereby authorized to be members of the Employees' Retirement System of Georgia, established by an Act approved February 3, 1949 (Ga. Laws, 1949, p. 138), as amended or as the same may hereafter be amended. All rights, credits and funds in such Retirement System which are possessed by any person at the time of his employment with the Commission are hereby continued and preserved, it being the intention of the General Assembly that such person shall not lose any rights, credits or funds to which he may be entitled prior to being employed by the Commission. Section 91-107A. Adoption of rules and regulations; penalties. (a) The Commission shall have the power to adopt, after reasonable notice and hearing thereon, such rules and

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regulations as it may deem appropriate in exercising its powers and performing its duties under this Code. Such rules and regulations so adopted by the Commission shall have the same dignity and standing as if their provisions were specifically stated in this Section. (b) Any person who violates any rule or regulation adopted by the Commission, or who procures, aids or abets therein, shall be guilty of a misdemeanor. Section 91-108A. Commission to determine the contents of instruments; interesse termini limited .(a) Subject to the limitations contained in this Code, the Commission shall determine all of the provisions of each instrument executed by it. (b) The Commission or any member thereof shall have no power to execute a lease under which the lessee would not obtain possession of the premises within a period of five years from the date of the lease and when it becomes operative. Section 91-109A. Competitive bidding procedure concerning certain leases; acceptance or rejection of bid by General Assembly; execution of conveyance .(a) Any lease to a person under the provisions of Subsection (a) of Section 91-104A, which is intended to be operative for a period exceeding one year, shall be entered into in accordance with the provisions of this Section. (b) Any such conveyance shall be made upon competitive bidding and the invitation for bids shall be advertised once a week for four consecutive weeks (i) in one or more newspapers of general circulation in the county or counties where the property to be bid upon is situated, and (ii) in one or more legal organs in Fulton County, Georgia. Prior to such advertising, the Commission shall prepare a proposed form of lease and other appropriate instructions which shall be furnished to prospective bidders under such conditions as the Commission may prescribe. (c) Each bid shall be submitted under seal to the Secretary of the Commission and shall be accompanied by a bid

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bond or other security as may be prescribed by the Commission. All bids shall be opened in public at the time specified in the invitation for bids and the Commission shall formally determine the highest responsible bidder, or the Commission shall have the right to reject any or all bids and to waive informalities in bidding. (d) If the Commission formally determines the highest responsible bidder, the Commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. One counterpart of such instrument shall then be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session. (e) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such bid, then the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, advertisement, notice, invitation for bids, legislative resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such bid at such regular session, then the bid shall be deemed rejected. Section 91-110A. Negotiation of lease of Western and Atlantic Railroad property; offer by prospective lessee; acceptance or rejection of offer by General Assembly; execution of lease .(a) If the Commission determines that the use of the competitive bidding procedure prescribed by Section 91-109A would adversely affect the interests of the State in securing a lessee to operate as a railroad the property of the Western and Atlantic Railroad

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used or useful for railroad purposes, then the Commission may enter into negotiations with any prospective lessee or lessees for the operation of such railroad property without complying with the provisions of Section 91-109A. (b) If the Commission and a prospective lessee can arrive at a mutually satisfactory form of lease, the Commission shall prepare same in at least four counterparts which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute an offer by the prospective lessee and shall be accompanied by such security as may be prescribed by the Commission. Such offer shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. One counterpart of such instrument shall then be transmitted to each House of the General Assembly if then in regular session, and, if not, to the next regular session. (c) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such offer, then the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and, thereupon, both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, legislative resolution, and any other record concerning such lease. If either House shall fail or refuse to accept such offer at such regular session, then the offer shall be deemed rejected. Section 91-111A. Conveyances to be recorded in office of Secretary of State .Any State department, authority, agency, official or other instrumentality, hereafter granting, executing, delivering or receiving a conveyance concerning any real property held by the State shall forthwith record an original of same or a true copy thereof in the office of the Secretary of State. Section 91-112A. Records; public inspection .The records of the Commission, including minutes, reports, studies,

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forms of instruments, bidding papers, notices, advertisements, invitations for bids, bids, executed instruments and correspondence, shall be filed and recorded in the office of the Secretary of State. Such records shall be open to public inspection and may be inspected and copied by any citizen of the State during usual business hours at any time when they are not necessarily being used by the Commission, or its employees having duties to perform in reference thereto. Section 91-113A. Lessee of Western and Atlantic Railroad subject to regulation by Georgia Public Service Commission .Any lessee of the Western and Atlantic Railroad in operating it or any part thereof for railroad purposes shall be subject to the regulation of the Georgia Public Service Commission. Section 91-114A. Specific repealer .The following Acts are hereby repealed: (a) An Act entitled An Act to provide for the leasing and controlling of the State's property in the City of Chattanooga, Tennessee, not covered by the Western Atlantic Railroad Lease; to create a commission to effectuate such purpose and define its powers and duties; and for other purposes., approved March 28, 1935 (Ga. Laws, 1935, p. 468), as amended, and all Acts relative thereto; (b) An Act entitled An Act to authorize and empower the State of Georgia acting by and through the Governor, the State Auditor and the Attorney General, and with unanimous consent of said officials to take or damage by condemnation, private property for public purposes of the State of Georgia upon paying or tendering to the owner thereof just compensation, provided, however, the powers herein given shall neither supersede nor abridge the powers of condemnation given severally to the State Highway Board of Georgia and the Regents of the University System of Georgia; to provide the manner of condemnation; to provide for setting up on the budget and payment of the contract price, or award and costs; and for other purposes. approved January 30, 1945 (Ga. L. 1945, p. 120);

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(c) An Act entitled An Act to provide for the leasing of the overhead or underground rights or property not useful for railroad purposes, of the Western Atlantic Railroad; for the creation of a commission to effectuate such lease; to define its powers and duties, to make appropriation for the cost of the work required; to provide for the term of the lease or leases; to authorize the commission to appoint a secretary and legal counsel; to provide that the Commission may agree upon details of a formal lease, the terms not to interfere with any contract now existing between the State and present lessees; to provide for a deposit of bonds as collateral security for the faithful performance of all terms of said lease; to provide for a penalty for failure or refusal to pay monthly rental; to prohibit lessee from subletting without approval of Governor; to provide that if any part of said Act be held invalid or unconstitutional such decision shall not affect the validity of the remaining portion of this Act; to repeal all laws or parts of laws in conflict with this Act, and for other purposes., approved February 17, 1950 (Ga. L. 1950, p. 408), as amended, and all Acts relative thereto; (d) An Act entitled An Act to provide that all leases of State property, which begin more than one year after execution shall be ratified by the Senate; to provide that certain leases of State property shall be reviewed by the Attorney General, so as to ascertain whether the same may be cancelled; to repeal conflicting laws; and for other purposes., approved March 9, 1956 (Ga. L. 1956, p. 728); and (e) An Act entitled An Act to authorize the Western and Atlantic Railroad Commission to hear proposals, to consider, to confer with others, and to make recommendations to the General Assembly concerning proposals to lease or to option any non-railroad property under its jurisdiction, provided that no such lease or option shall interfere with the rights of the present lessee of the Western and Atlantic Railroad Commission without its consent; to define non-railroad property; to repeal conflicting laws, and for other purposes., approved March 17, 1959 (Ga. L. 1959, p. 365). Section 91-115A. Negation of revivor .The repeal of any Act of the General Assembly, or part thereof, described

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in Section 91-113A, shall not revive any act, or part thereof, heretofore repealed or superseded. Section 91-116A. General repealer .All other laws or parts of laws in conflict with this Code are hereby repealed. Approved February 21, 1964. STATE EMPLOYEES' RETIREMENT SYSTEM. No. 598 (Senate Bill No. 282). An Act to amend an Act establishing a State Employee's Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to change the provisions relating to former employees; to provide creditable service for certain employees; to provide for contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a State Employee's Retirement System approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, is hereby amended by adding a new subsection to section 4 to be known as subsection (14) to read as follows: (14) Any other provision of this Act to the contrary notwithstanding, any former employee of this State; except those former and present employees having previously elected non-membership in this system and any employee transferring his membership and credits to this System; who was a member of record as of July 1, 1961, who is not excluded by reason of the foregoing exceptions, who had at least ten (10) years of service prior to January 1, 1950, for which earnable compensation was paid directly to him by a Department of State Government and who becomes entitled to benefits under the provisions of this Act, after paying required contributions shall be eligible for and, upon

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proper certification, receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the System within the year 1953. Provided, however, such individual shall not be eligible to receive benefits until he shall have served at least 5 years subsequent to July 1, 1961, as a member. Credits for prior service. Section 2. Said Act is further amended by adding a new Subsection to section 4 to be known as subsection 15 to read as follows: 15. Any other provision of this Act to the contrary notwithstanding, any employee of the Legislative Branch of Government who was employed by the Legislative Services Committee (formerly Joint Committee on the Operations of the General Assembly) prior to May 1, 1959, shall be eligible for and shall receive creditable service year for year while employed by any officer in his official capacity or by any department, division or office of either branch of the Legislative Branch of Government, and all contributions which would have been paid shall be paid by the employer into the Pension Accumulation Fund. Employees of Legislative Branch of Government. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 21, 1964.

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LEASE OF LAND IN BLACK ROCK MOUNTAIN STATE PARK AUTHORIZED. No. 105 (House Resolution No. 339-759). A Resolution. Authorizing the leasing of a certain tract of land in Black Rock Mountain State Park; and for other purposes. Whereas, the erection of a television translator in northeast Georgia will permit the residents thereof to receive national network broadcasts; and Whereas, Television Station WSPA and the Southeastern Broadcasting Corporation have agreed to erect the necessary facilities to enable the residents of this area to receive their broadcasts; and Whereas, the topography of Black Mountain State Park is ideally suited to the erection of such facilities. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to grant a five-year lease to Spartan Radiocasting Company and Southeastern Broadcasting Corporation as co-lessees of the following described tract of land: To find the true point of beginning, commence at a point that is common to land lots 47, 48, 65, and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees, 45 minutes west to an iron pin, which point is the beginning point of said tract; thence north 28 degrees, 00 minutes west 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees, 00 minutes east 25 feet to an iron pin and the point of beginning., for and in consideration of the annual rental of $20.00 per year. The Governor is also authorized to grant an

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easement for the erection and maintenance of power lines and poles from said tract to the nearest existing power outlet over any state owned property in order that the above described tract of land may be served by proper electrical power. Approved February 21, 1964. STATE LITERATURE COMMISSIONDECLARATORY JUDGMENTS. No. 600 (House Bill No. 131). An Act to amend an Act entitled An Act to provide for the creation, membership, and compensation of a State Literature Commission; to provide for certain definitions; to provide for recommendations of prosecution by the commission; to provide for identification of `literature'; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 391), so as to provide for declaratory relief; to allow actions directly against allegedly obscene literature; to allow service on interested parties; to provide the time and form of hearing notice; to determine the form of judgment; to provide notice to affected persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the creation, membership, and compensation of a State Literature Commission; to provide for certain definitions; to provide for recommendations of prosecution by the commission; to provide for identification of `literature'; to repeal conflicting laws; and for other purposes, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 135), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 391), is hereby amended by adding at the end of section 6 a new section to be known as section 6-A and to read as follows:

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Section 6-A. (a) When the Commission, either through their investigations, hearings, or from evidence furnished to them by citizens of this State, find any literature containing obscene material, the said Commission is hereby authorized to institute an action, in its own name, as it may deem necessary and proper to obtain a declaratory judgment that the same is obscene, without regard to whether an adequate remedy exists at law. The superior courts of the counties in which general jurisdiction to hear such actions is vested shall have such jurisdiction to hear the actions provided for herein. Declaratory judgments. (b) The action described in subsection (a) hereof shall be commenced by filing with the superior court a complaint to which shall be attached as an exhibit a true copy of the allegedly obscene literature, and which complaint shall: (1) be directed against and name as defendant the allegedly obscene literature by name and description; (2) allege its obscene nature; (3) designate as respondents and list the name and address, if known, of its author or publisher, and may further name any person sending or causing it to be brought into this State for sale or commercial distribution, and any person in this State preparing, publishing, selling, exhibiting or distributing it, or giving away or offering to give it away, or possessing it with intent to sell or commercially distribute or exhibit or give away or offer to give it away who shall be bound by this action; (4) pray for an adjudication that it is obscene. (c) Upon the filing of the complaint described in subsection (b) hereof, the Commission shall present the same, including the exhibits thereto, as soon as practicable to the court for its examination. If there is no probable cause to believe that the literature described in the complaint is obscene, the court shall dismiss the complaint. If the court finds probable cause to believe such literature is obscene, it shall enter an order setting the matter down for special

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hearing at a date not less than twenty (20) nor more than twenty-five (25) days after its service, then and there to be heard, directing the service of a copy thereof, together with a copy of the complaint upon such literature and upon each of the respondents named in the complaint; provided, however, if the respondents shall fail to file with the court a notice of intention to defend such action ten (10) days after having been served with a copy of the complaint, the court shall be at liberty to proceed with the appropriate action to declare such literature as obscene. Service shall be made upon such literature at its place of publication or its editorial office as shown therein. Service of such order or any copy thereof may be made in any manner provided by law, and in the case of such literature published or edited outside the State of Georgia, and of any non-resident respondent, by registered mail directed to the literature or respondent to be served at the address shown in the complaint. Proof of such mailing shall be deemed to be prima facie evidence of service of such order of a copy thereof upon the literature or any respondent. (d) In the event there is a wholesale distributor, as defined herein, in Georgia of the named literature, a copy of the complaint and order shall be served upon such wholesale distributor at its principal place of business. (1) As used herein, the term `wholesale distributor' shall mean any person, firm or corporation authorized to do business in Georgia in the business primarily of representing publishers and/or national distributors of printed matter as wholesalers of said matter of those persons, firms, or corporations which sell directly to the consuming public. (2) In the event there is more than one wholesale distributor of the named literature in the State, the service required in subsection (d) hereof shall be deemed to have been complied with when service is made on any one such wholesale distributor. (e) On or before the return date specified in the order, the literature and each respondent may file answers or other defenses. The court may, by order permit any person to

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appear and file and answer as amicus curiae. If no answer or other defense is filed on or before the return date specified in the order, the court may forthwith determine whether the literature is obscene and enter an appropriate judgment. Upon the expiration of the time for filing answers and other defenses, the court may, upon its own motion, or upon the application of any party, set a date for the trial of the issue joined, said date being at least twenty (20) days but not more than twenty-five (25) days from the date of service of the complaint. (f) The Commission is charged with the responsibility of sending notice to all persons, firms or corporations in the State affected by or who could be affected by the court's determination that the named literature is obscene. Such notice shall be by mail and shall specify the literature found obscene by title and description and the date of the adjudication. Any person to whom such notice is mailed shall be presumed to have knowledge of the obscenity of the literature named. Notice of such determination shall also be transmitted to the various solicitors-general throughout the State. Section 2. The retail dealer shall be relieved of any liability under this Act provided he notifies the wholesaler in writing not to deliver any further issues of specified publication. Retail dealers. Section 3. 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.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. PRACTICE AND PROCEDURETIME OF FILING CROSS ACTIONS. No. 602 (House Bill No. 692) An Act to provide for the extending of the limitations of time within which certain actions may be commenced under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The limitations of time within which various actions may be commenced and pursued within this State to enforce the rights of parties are extended, only insofar as the enforcement of rights which may be instituted by way of cross action, so as to allow defendants up to and including the appearance date to commence the prosecution and enforcement of rights by way of cross action, provided that the final date allowed by such limitations for the commencement of such actions shall fall within that period of time fixed by the filing of the main action and the appearance date thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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LEGITIMATE CHILDRENARTIFICIAL INSEMINATION. Code 74-101.1 Enacted. No. 603 (House Bill No. 697). An Act to amend Code Chapter 74-1 entitled Legitimate Children, so as to provide that all children conceived in wedlock by means of artificial insemination shall be legitimate when the husband and wife consent in writing to the use of artificial insemination; to provide that artificial insemination can only be performed and administered on human beings by a physician or surgeon licensed to practice under the provisions of Code Chapter 84-9; to provide that any person or persons, other than authorized physicians and surgeons, who shall attempt to administer or perform or who shall actually administer or perform artificial insemination shall be guilty of a felony; to provide the penalty therefor; to provide that any physician or surgeon performing or administering artificial insemination will be relieved of any civil liability to the parents of any child conceived by artificial insemination or to the child itself, if both the husband and wife execute written authorization for performance of artificial insemination; to provide that written authorization will not relieve a physician or surgeon of any civil liability arising from his own negligent administration or performance of artificial insemination; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 74-1 entitled Legitimate Children, is hereby amended by adding at the end of Code section 74-101 a new Code section to be known as Code Section 74-101.1, to read as follows: 74-101.1. Children conceived by artificial insemination legitimate, when; by whom artificial insemination may be administered; civil liability of physician or surgeon administering artificial insemination limited, when .

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(a) All children born within wedlock, or within the usual period of gestation thereafter, who have been conceived by the means of artificial insemination are irrebutably presumed legitimate if both the husband and wife consent in writing to the use and administration of artificial insemination. (b) Physicians and surgeons licensed to practice medicine in accordance with and under the provisions of Code Chapter 84-9 shall be the only persons authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who shall attempt to administer or perform, or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony, and on conviction therefor shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. (c) Any physician or surgeon who shall obtain written authorization signed by both the husband and wife authorizing him to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination; provided, however, the written authorization provided for herein shall not relieve any physician or surgeon from any civil liability arising from his or her own negligent administration or performance of artificial insemination. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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INSTALLATION OF SEAT BELTS IN NEW AUTOMOBILES. No. 610 (House Bill No. 725). An Act to amend an Act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts, approved April 9, 1963 (Ga. L. 1963, p. 366), so as to provide that the safety belts required by this Act may be installed by the manufacturer or by the dealer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making it unlawful to sell certain automobiles unless they shall be equipped with safety belts, approved April 9, 1963 (Ga. L. 1963, p. 366) is hereby amended by striking the last sentence of section 1 and substituting in lieu thereof a new sentence which shall read as follows: That said safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer. so that so amended, said section 1 shall read as follows: Section 1. On and after January 1, 1964, no new private passenger automobile shall be sold to the general public in this State unless said automobile shall be equipped with two sets of safety belts for the front seat thereof. That said safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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COUNTY BOARDS OF EDUCATIONEXPENDITURE OF BORROWED MONEY. Code 32-927 Amended. No. 615 (House Bill No. 786). An Act to amend Code section 32-927, relating to the expenditure of borrowed money, so as to change the method of expenditure of borrowed money; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-927, relating to the expenditure of borrowed money, is hereby amended by striking the comma and words, and the same shall be by the county superintendent of schools paid out to the teachers of said county, so that when so amended, Code section 32-927 shall read as follows: 32-927. How money used .When any money shall be borrowed under the provisions of this law, the same shall be paid over to the county superintendent of schools and become a part of the public school fund of said county. The county superintendent of schools shall be responsible for any money borrowed under the authority of this law and paid into his hands in the same way and to the same extent that he is responsible for any other public schools funds coming into his hands. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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MUNICIPAL CORPORATION DEFINED. No. 619 (House Bill No. 819). An Act to provide that the words city town or municipality in the statutory laws of Georgia shall be construed as synonymous and shall mean a municipal corporation as heretofore defined by statutory law and judicial interpretation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Wherever the words city, town or municipality appear in the statutory laws of Georgia, they shall be construed as synonymous and the General Assembly so declares this to be its intention in the use of these words, and such words shall be held to mean a municipal corporation as heretofore defined by statutory law and judicial interpretation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. REGISTRATION OF TITLE TO LANDSPRACTICE AND PROCEDURE. Code 60-209 Amended. No. 622 (House Bill No. 858). An Act to amend Code section 60-209, relating to the registration of title to lands, as amended, by an Act approved February 6, 1943 (Ga. L. 1943, p. 326), so as to provide that any defendant in a registration proceeding may request a copy of the original petition from the applicant; to provide the procedure connected therewith; to provide that such petition shall be furnished by the applicant after a request by any defendant; to provide for suspension of the time within which a defendant must file an

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answer or cross action after such request; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 60-209, relating to the registration of title to lands, as amended, by an Act approved February 6, 1943 (Ga. L. 1943, p. 326), is hereby amended by adding at the end of Code section 60-209 a new paragraph to read as follows: Provided, however, that if any defendant named in the original petition shall request in writing a copy of said petition from the applicant, through his counsel, the applicant shall provide said defendant with a copy of said petition with all exhibits attached, within five (5) days of said request. The time within which a defendant must file an answer or cross action to said application shall be suspended from the date of his request for a copy of the petition until the date he received said copy of the petition, with all exhibits attached, from the applicant. Copies of petition. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. DEPARTMENT OF PUBLIC SAFETYDRIVER LICENSES. No. 623 (House Bill No. 861). An Act to amend an Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide that upon application for a Georgia driver's license, all previous valid motor vehicle operator licenses shall be surrendered to the Department of Public Safety; to clarify the provisions relating

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to the expiration of licenses; to authorize and empower the Director of the Department of Public Safety to require a photograph of the person to whom any driver's license is issued, to appear on said license in such manner as the Director may provide; to change the fees for such licenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for the State of Georgia, and providing for the issuance, suspension and revocation of motor vehicle driver licenses, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by striking the first sentence of section 5 of Article IV and inserting in lieu thereof the following, All learners, operators and chauffeurs' licenses issued or renewed prior to, on or subsequent to the effective date of this Act, shall expire on the birthday of the holder of the license., and by adding in the last sentence of section 5 of Article IV between the words applicant and and, the following, and if such applicant shall have been a former non-resident, all valid motor vehicle operator licenses issued to said applicant by any other state, and by adding at the end of section 5 of Article IV the following, The Director of the Department of Public Safety is hereby authorized and empowered to require a photograph of the person to whom any learner's license, operator's license, chauffeur's license, duplicate learner's license, duplicate operator's license or duplicate chauffeur's license is issued, to be securely placed on, affixed to, or made a part of said license in such manner as the Director may provide., so that when so amended, section 5 of Article IV shall read as follows: Section 5. All learners, operators and chauffeurs' licenses issued or renewed prior to, on or subsequent to the effective date of this Act, shall expire on the birthday of the holder of the license. For the purpose of this Act, in the event any person's birthday falls on February 29th; it shall be deemed to fall on March 1st: All honorary licenses issued pursuant to an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), as amended by an Act approved February 21,

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1951 (Ga. L. 1951, p. 755), shall not expire by virtue of this Act, and shall remain in full force and effect until suspended, revoked or cancelled as provided by law. No person entitled to such honorary license shall be required to pay any fee therefor. Nothing contained herein shall prevent the revocation, suspension or cancellation of any license now in force or hereafter issued as is now or may be hereafter provided by law. A renewal license may be issued within a period of 90 days prior to the expiration of the license to be renewed. Application for license and renewal shall be made under oath on forms furnished by the Director of the Department of Public Safety and must be accompanied by the fee charged, the name and address of the applicant, and if applicant shall have been a former non-resident, all valid motor vehicle operator licenses issued to said applicant by any other state, and such other information as the Director may deem necessary. The Director of the Department of Public Safety is hereby authorized and empowered to require a photograph of the person to whom any learner's license, operator's license, chauffeur's license, duplicate learner's license, duplicate operator's license or duplicate chauffeur's license is issued, to be securely placed on, affixed to, or made a part of said license in such manner as the Director may provide. Any such photograph required under the provisions of this Act shall be made by personnel of the Department of Public Safety, at on cost to the licensee, except as provided in Section 8 hereof. Expiration dates. Surrender of valid licenses. Photographs. Section 2. Said Act is further amended by striking section 8 of Article IV in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The fee for a learner's license or a renewal thereof shall be $1.50 per annum. The fee for an operator's license or a renewal thereof shall be $2.50 for a two-year license and $5.50 for a five-year license. The fee for a chauffeur's license or renewal thereof shall be $4.50 for a two-year license and $10.50 for a five-year license. The fee for any duplicate license, as provided herein, shall be $1.50. No fee shall be required for the issuance of a veteran's license or duplicate veteran's license, but, in the event a veteran

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desires to have issued a license with his photograph appearing thereon, he shall pay a fee therefor of 50 cents. Fees. Section 3. It is not the intention of this Act to require any re-examination of holders of valid licenses. When a license expires on the birthday of the holder thereof, such license holder must renew his license as required by law, except that, in the event the Director of Public Safety so determines, such license may have a photograph affixed thereto as provided hereinbefore in this Act. Such license holder will further be required to obtain either a two-year license or a five-year license in the case of operators and chauffeurs. A learner's license shall continue to be for one year. Intent. Section 4. The provisions of this Act shall become effective July 1, 1965. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. GAME AND FISHTAKING OF CRAB FROM ST. ANDREWS AND CUMBERLAND SOUNDS. No. 625 (House Bill No. 871). 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, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), an Act approved February 26, 1957 (Ga. L. 1957, p. 96), an Act approved March 3, 1962 (Ga. L. 1962, p. 477), and an Act approved April 9, 1963 (Ga. L. 1963, p. 454), so as to prohibit crab fishing in any part or portion of St. Andrews Sound and Cumberland Sound with power-drawn nets during the closed season on shrimp; to provide for a penalty; 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 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, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 590), an Act approved February 26, 1957 (Ga. L. 1957, p. 96), an Act approved March 3, 1962 (Ga. L. 1962, p. 477), and an Act approved April 9, 1963 (Ga. L. 1963, p. 454), is hereby amended by adding to section 94 a new subsection (i) to read as follows: (i) Any other provision of this Act to the contrary notwithstanding, crab fishing in any part or portion of St. Andrews Sound and Cumberland Sound with power-drawn nets during the closed season on shrimp is hereby prohibited. Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction therefor, shall be punished as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. ALAPAHA JUDICIAL CIRCUITTERMS, ETC. No. 626 (House Bill No. 873). An Act to prescribe the terms of court of the superior court in each of the five counties comprising the Alapaha Judicial Circuit; to prescribe the duration of said terms; to provide for the drawing of grand juries for each term of court; to provide the procedure connected with the petit juries of said superior courts; to provide for the disposition of business now pending in or returnable to said superior courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. From and after the passage of this Act, there shall be two terms of court each year in each of the five counties of the Alapaha Judicial Circuit, said terms to be as follows: Atkinson County: Third Monday in February and fourth Monday in October; Berrien County: First Monday in January and second Monday in September; Terms. Clinch County: First Monday in March and October; Cook County: First Monday in February and November; Lanier County: Fourth Monday in February and November. Section 2. In the discretion of the presiding judge, any or all of the aforesaid terms of court may be continued or prolonged for such length of time as may be necessary to transact and complete the business pending before said court. There shall be no adjournment of any term of the aforesaid courts until so ordered by the presiding judge or until adjourned by operation of law. Same. Section 3. The presiding judge of said court in his discretion may draw grand juries for each term of such court in the respective counties, whether in term time or vacation. Grand juries. Section 4. In the event any of the respective courts hereinbefore set forth should last for more than one week, the judge of said court, in his discretion, may use the same petit jury for more than one week of said respective terms of court, or he may draw a separate petit jury for each week of court. Petit juries. Section 5. All petitions, writs, bills, processes, subpoenas, bonds, proceedings or business of any nature, both civil and criminal, now pending in or returnable to the respective superior courts named in this Act shall hold good and relate to the terms as changed and fixed by this Act, and/or to the next succeeding term of said courts. Intent.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. DEALERS IN FIREARMS ACT AMENDED. No. 628 (House Bill No. 884). An Act to amend an Act relating to licensing of dealers of firearms, approved April 17, 1963 (Ga. L. 1963, p. 652), so as to exclude gun collectors; 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 relating to licensing of dealers of firearms, approved April 17, 1963 (Ga. L. 1963, p. 652), is hereby amended by striking the period at the end of section 1, and by adding at the end of section 1 the following: or bona fide gun collectors., so that when so amended section 1 shall read as follows: Section 1. Any person, firm, retail dealer, wholesale dealer, pawnbroker, or corporation who shall sell, dispose of, or offer for sale, or cause or permit to be sold, disposed of or offered for sale any caliber pistol, revolver or short barreled firearm of less than fifteen (15) inches in length, whether the same shall be their own property or whether they shall sell the same as agents or employees of others, shall obtain from the Department of Public Safety a license permitting the sale of said caliber pistols and guns. Nothing in this Act shall apply to or prohibit the casual sales of the articles referred to between individuals or bona fide gun collectors. Gun collectors. Section 2. Said Act is further amended by inserting between sections 11 and 12 a new section 11A to read as follows:

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Section 11A. Any person, firm, or corporation who violates 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 March 3, 1964. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDBOAT TRAILERS EXCLUDED. No. 629 (House Bill No. 894). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 7, 1961 (Ga. L. 1961, p. 68 et. seq.), as amended, so as to require vehicles registered in this State to have certificates of title; to provide a definition of boat trailers, to exclude boat trailers from the operation of this Act; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Motor Vehicle Certificate of Title Act approved March 7, 1961 (Ga. L. 1961, p. 68 et seq.), as amended, is hereby amended by adding to section 1 thereof subsection (0) to read as follows: Section 1. (0) Boat Trailer . Any vehicle without motive power designed for carrying boats, either partly or wholly on its own structure, and is being drawn by a self-propelled vehicle, and operated over the public roads of this State. Section 2. To add to section 4 thereof subsection (11) to read as follows: Section 4 (11). A Boat Trailer.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1964. SUSPENSION OF SALES TAX ON BIBLES, ETC. RATIFIED. No. 107 (House Resolution No. 355-802). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 16, 1963, 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 16, 1963, 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 16th day of March, 1963. /s/ Carl E. Sanders, Governor. is hereby ratified, approved, and confirmed.

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Section 2. All laws, or parts of laws, in conflict with this resolution are hereby repealed. Approved March 3, 1964. E. CLYDE KELLY BRIDGE DESIGNATED. No. 108 (House Resolution No. 388-853). A Resolution. To designate the E. Clyde Kelly Bridge; and for other purposes. Whereas, Honorable E. Clyde Kelly, deceased, served as the Mayor of the City of Monticello, Georgia, and as Chairman of the Jasper County Board of Education; and Whereas, Honorable E. Clyde Kelly served as Vice President of the First National Bank of Monticello; and Whereas, he served as the Chairman of the Board of Stewards of the Methodist Church of Monticello; and Whereas, E. Clyde Kelly, during his lifetime, was a respected citizen of Jasper County and was very active in civic affairs; and Whereas, his valued counsel and advice will be greatly missed by the citizens of Jasper County; and Whereas, it is only proper that some monument be designated in Jasper County to perpetuate his name. Now, therefore, be it resolved by the General Assembly of Georgia that the bridge over Shoal Creek on State Route No. 83, located in Jasper County, be named for Honorable E. Clyde Kelly and shall henceforth be designated and known as the E. Clyde Kelly Bridge.

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Be it further resolved that the State Highway Department is hereby authorized and directed to place a fitting marker, plaque or other means of identification on, at or near said bridge indicating the said bridge is named the E. Clyde Kelly Bridge. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to the members of the family of the late Honorable E. Clyde Kelly and to the State Historical Commission. Approved March 3, 1964. DEPARTMENT OF INDUSTRY AND TRADEPURCHASE OF PASSENGER-CARRYING EQUIPMENT. No. 637 (House Bill No. 938). An Act to amend an Act creating the Department of Commerce (now the Department of Industry and Trade), 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), an Act approved March 17, 1959 (Ga. L. 1959, p. 262), and an Act approved March 6, 1962 (Ga. L. 1962, p. 694), so as to authorize the purchase of passenger carrying equipment for purposes of economic and industrial development; 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 (now the Department of Industry and Trade), 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), an Act approved March 17, 1959 (Ga. L. 1959, p. 262), and an

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Act approved March 6, 1962 (Ga. L. 1962, p. 694), is hereby amended by adding at the end of section 6 the following, Any other provisions of law to the contrary notwithstanding, for the purposes of promoting and encouraging economic and industrial development in Georgia, the director is hereby authorized and empowered to purchase, through the State Purchasing Department as other purchases are made, passenger carrying equipment, including, but not limited to, motor vehicles and aircraft, of whatever type and kind determined advisable., so that when so amended section 6 shall 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. Any other provisions of law to the contrary notwithstanding, for the purposes of promoting and encouraging economic and industrial development in Georgia, the director is hereby authorized and empowered to purchase, through the State Purchasing Department as other purchases are made, passenger carrying equipment, including, but not limited to, motor vehicles and aircraft, of whatever type and kind determined advisable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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SUPPLEMENTARY APPROPRIATIONS ACT. No. 638 (House Bill No. 950). An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein. Section 1. A. State Board of EducationDepartment of Education. For the operation of the Board and the Department and for all school system purposes. Board of Education. 1963-64 $ 4,951,970.00 1964-65 $21,565,325.00 Provided that of the amount herein appropriated for 1964-65 the sum of $60,000 shall be used to increase the present allotment for the School for the Deaf for Operating Costs. Provided further, that of the amount appropriated for 1964-65, the sum of $33,000 shall be used for the purpose of implementing the school lunch provisions contained in Section 29 of Act No. 523 of the 1964 Session, approved by the Governor on January 24, 1964. Provided, however, any portion of the above funds to be disbursed by the Department of Education for the purpose of allocating funds for teaching and professional personnel to any local unit of administration shall be allotted in such a manner which would result in each local unit of school

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administration receiving as a minimum: (1) its present aggregate teacher allotment, or (2) the allotment provided for under the Minimum Foundation Program for Education, the same being Act. No. 523 of the 1964 Session of the Georgia General Assembly if fully implemented; whichever is smaller of the two. B. For capital outlay: To meet the annual capital outlay commitments for school building construction as required under lease rental contracts with the State School Building Authority; to authorize further lease rental agreements in 1964-65 in the amount specified; and for the purposes specified as follows: 1963-64School for Deaf $ 350,000.00 1964-65Capital Outlay $ 1,700,000.00 Authority Lease Rentals Section 2. State Board of Regents. A. The general cost of operation of the Board; for aid to the University System; for scholarships authorized by law $100,000; for the support of research and for the cost of use or acquisition or both, of additions to plant and equipment for the University System, including the specific sum of $3,500,000 in 1964-65 for new University Building Authority Lease Contracts. Regents. 1963-64 $ 1,517,000.00 1964-65 $ 6,500,000.00 Provided, that the above appropriation shall be in addition to the funds realized by the respective units in each fiscal year from the Federal Government, donations, gifts, earnings from fees, rents, sales and any other source of income. Provided that the State Board of Regents shall, within the first 30 days of each fiscal year, make an apportionment of funds to the various units of the University System from all funds available in the amounts necessary in each fiscal year to pay the annual lease contract commitments for the acquisition of property as provided for in the provision of the State Constitution, and shall, second, apportion

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the remaining funds available to the various units to cover cost incident to the operation and development of the University System. The State Board of Regents shall immediately report the same to the State Budget Authorities for approval, whose approval shall be evidenced in writing. No part of this appropriation, nor any funds realized by the State Board of Regents of the University System, or any school or college from the Federal Government, or from donations, gifts, earnings, fees, rents, sales or other sources of income, shall be available for use or expenditure until made available by a written order of the State Budget Authorities. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to support further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such additional contracts may be entered into in an amount not to exceed $350,000 per annum. Provided further, $300,000 is hereby made available for 1964-65 to the Board of Regents for grants to counties for operating junior colleges under the Junior College Act of 1958 (Ga. L. 1958, p. 47), as amended. B. Eugene Talmadge Memorial HospitalState Board of Regents. 1964-65$ 200,000.00 Section 3. Teachers Retirement System. For the State's contribution to the Teachers Retirement Fund, including the cost of administration. Teachers Retirement System. 1963-64 $ 662,678.00 1964-65 $ 1,522,520.00 Section 4. Public Health, Department of.Authority RentalsMental Health Construction. In addition to existing authority lease rental commitments, and in addition to other funds heretofore or hereinafter appropriated, the following amounts are hereby appropriated for authority lease rentals for a new State school and hospital for retarded children. Public Health.

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1963-64 $ 300,000.00 1964-65 $ 300,000.00 Section 5. Audits, Department of. Audits. 1963-64 $ 270,000.00 1964-65 $ 350,000.00 Section 6. Public Safety, Department of. For the purpose of carrying out the duties and responsibilities of the Department relative to the Motor Vehicle Safety Responsibility Act. Public Safety. 1963-64 $ 25,000.00 1964-65 $ 100,000.00 Section 7. Georgia Educational Improvement Council. For Operations. Educational Improvement Council. 1963-64 $ 15,000.00 1964-65 $ 50,000.00 Section 8. State Parks, Department of. 1964-65$ 350,000.00 For the purpose of providing for authority lease rental contracts with the Stone Mountain Memorial Association, not to exceed $5,000,000 in bonds. Parks. Section 9. Corrections, Department of.For the personnel expenses of the State Board of Corrections. Corrections. 1964-65$ 500,000.00 Section 10. The Department of Family and Children Services.In addition to funds in Section 36, paragraph A, Act 167, for court services, $150,000. Family and children services. 1964-65$ 150,000.00 Section 11. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in

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the Supplemental Budget submitted to the General Assembly at the regular January Session 1964, except as otherwise specified in this Act. Provided, however, the Director of the Budget is authorized to make internal transfers within a Budget Unit between Objects; provided also, within five days after any such transfer is made, that transfer together with an explanation of the reason therefor shall be reported, in writing, to the Chairmen and Vice-Chairmen of the Appropriations Committees of the House and Senate and to the Speaker of the House and Lieutenant Governor. This section applies to all funds of each Budget Unit from whatever source derived. In those cases in which the said Budget Report contains no recommendation of expenditures as to Objects by the Governor, the Director of the Budget, except as to the Legislative and Judicial Branches of the Government, is authorized to allocate as to Object said funds as he deems proper. Intent. Section 12. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. L. 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1963-64 $ 8,091,648.00 TOTAL APPROPRIATION 1964-65 $33,287,845.00 Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. NORTHERN JUDICIAL CIRCUITJUDGE'S COMPENSATION. No. 639 (House Bill No. 951). An Act to amend an Act entitled An Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit; to provide for payment by the counties of said circuits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 473), so as to provide that Elbert County shall pay a supplemental salary to the judge of the superior court of the Northern Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit; to provide for payment by the counties of said circuits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 473), is hereby amended by adding in section 1 between the words amounts and Franklin County the following: Elbert County, fifty dollars ($50.00) per month,, so that when so amended section 1 shall read as follows: Section 1. The judge of the superior court of the Northern Judicial Circuit shall receive a supplemental salary to be paid by the counties comprising said circuit in the following amounts: Elbert County, fifty dollars ($50.00) per

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month, Franklin County, fifty dollars ($50.00) per month, Hart County, fifty dollars ($50.00) per month, Madison County, fifty dollars ($50.00) per month, Oglethorpe County, twenty-five dollars ($25.00) per month. Elbert County. The above amounts shall be in addition to any amounts received from the State. The amounts shall be paid to the judge by the fiscal authorities of the counties each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Local Legislation. A Bill To Be Entitled An Act to amend an act entitled An Act to provide compensation for the Judge of the Superior Court of the Northern Judicial Circuit; to provide for payment by the counties of said circuits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes, approved April 5, 1961 (Ga. L. 1961, p. 473), so as to provide that Elbert county shall pay a supplemental salary to the judge of the superior court of the Northern Judicial Circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide compensation for the judge of the superior court of the Northern Judicial Circuit; to provide for payment by the counties of said circuits; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes, approved April 5, 1961 (Ga. L. 1961, p. 473), is hereby amended by adding in section 1 between the words amounts and Franklin County the following: Elbert County, fifty dollars ($50.00) per month, so that when so amended section 1 shall read as follows: Section 1. The judge of the superior court of the Northern Judicial Circuit shall receive a supplemental salary to be paid by the counties comprising said circuit in the following

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amounts: Elbert County, fifty dollars ($50.00) per month, Franklin County, fifty dollars ($50.00) per month, Hart County, fifty dollars ($50.00) per month, Madison County, fifty dollars ($50.00) per month, Oglethorpe County, twenty-five dollars ($25.00) per month. The above amounts shall be in addition to any amounts received from the State. The amounts shall be paid to the judge by the fiscal authorities of the counties each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. S. Johnson, Sr., who, on oath, deposes and says that he is Representative from Elbert County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Elberton Star, which is the official organ of said county, on the following dates: January 17, 21 and 31, 1964. /s/ A. S. Johnson, Sr., Representative, Elbert County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. Approved March 3, 1964.

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ELECTION PRECINCTS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 140,000 AND NOT MORE THAN 155,000 PERSONS. Code 34-1301 Amended. No. 653 (House Bill No. 1139). An Act to amend section 34-1301 of the Code of Georgia of 1933, as amended, relating to election precincts, to provide that, in counties having a population of not less than 140,000, and not more than 155,000, according to the 1960 United States Decennial Census or any future such census, the ordinaries of such counties may establish as many election precincts as may be necessary and convenient for the holding of elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 34-1301 of the Code of Georgia of 1933, as amended, relating to election precincts, is hereby amended by adding at the end thereof the following: Provided, further, that in counties having a population of not less than 140,000, and not more than 155,000, according to the United States Decennial Census of 1960 or any future such census, the foregoing provisions that said precincts may not exceed one in each militia district shall not apply and in such counties the ordinaries thereof may establish as many precincts within the militia districts of such counties as may be necessary and convenient for the holding of elections. Election precincts may be established, abolished and changed in such counties by the ordinaries thereof and the descriptions of said precincts shall be entered upon the minutes in the ordinaries' offices. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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GEORGIA FERTILIZER ACT OF 1960 AMENDED. No. 658 (House Bill No. 406). 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 define the word lot insofar as it applies in determining plant nutrient deficiency and penalties; 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 at the end of section 3 (R) the following words: In determining plant nutrient deficiencies and penalties under the provisions of this Act, the word `lot' shall mean that amount of fertilizer included in a single delivery invoice, and the entire amount of fertilizer sold or delivered pursuant to the invoice covering said specific delivery shall be deemed deficient and subject to the penalties provided by law, provided, however, that at least twenty (20%) percent of said specific delivery is on hand at the time the official sample is drawn., Lot defined. so that section 3 (R), as so amended, shall read: (R) The term `lot' shall mean that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under the provisions of this Act, the word `lot' shall mean that amount of fertilizer included in a single delivery invoice, and the entire amount of fertilizer sold or delivered pursuant to the invoice covering said specific delivery shall be deemed deficient and subject to the penalties provided by law, provided, however, that at least twenty (20%) percent of said specific delivery is on hand at the time the official sample is drawn. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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GAME AND FISHTRAPPING OF RABBITS. No. 660 (House Bill No. 613). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide for the trapping of rabbits under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding between sections 80 and 81 a new section to be known as section 80A and to read as follows: Section 80A. Notwithstanding any provision of this Act or any other law, rule or regulation to the contrary, it shall be permissible for an individual, members of his family and tenants to trap rabbits upon his own premises by employing a device or devices commonly called `rabbit boxes'. No permit nor license shall be required before engaging in such activities. Provided that nothing contained herein shall be construed to authorize a person to trap a rabbit out of the season provided by law for hunting rabbits in this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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BUILDING AND LOAN ASSOCIATION SHARES AS FIDUCIARY INVESTMENTS. No. 664 (House Bill No. 795). An Act to amend an Act entitled: An Act to define the shares of State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5,000.00 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations; to define such insured shares as securities equivalent to cash; to provide for their acceptance by the Treasurer of this State as a deposit under certain circumstances; and for other purposes., approved January 26, 1938 (Ga. L. 1937-38, p. 322), as amended, so as to provide that fiduciaries, insurance companies, charitable corporations, educational corporations, eleemosynary corporations or institutions, public corporations, organizations, municipalities, and public officials are authorized to invest funds in State chartered associations and Federal savings and loan associations which are insured by the Federal Savings and Loan Insurance Corporation; to provide for the use of such accounts for deposit when deposits of securities are required by law in lieu of any bond required by law; 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 define the shares of the State Chartered Building and Loan Associations and Federal Savings and Loan Associations up to $5,000.00 insured by Federal Savings and Loan Insurance Corporation as legal investments for the funds of certain fiduciaries and corporations; to define such insured shares as securities equivalent to cash; to provide for their acceptance by the Treasurer of this State as a deposit under certain circumstances; and for other purposes., approved January 26, 1938 (Ga. L. 1937-38, p. 322), as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 1 to read as follows:

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Section 1. Accounts of associations as investment for trust funds and other funds . Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature, insurance companies, charitable, educational, eleemosynary and public corporations and organizations, and municipalities and other public corporations and bodies, and public officials are authorized to invest funds held by them, without any order of any court, in accounts and certificates of State-chartered associations and Federal savings and loan associations, which are insured by Federal Savings and Loan Insurance Corporation, and, to the extent of such insurance and such investments, shall be deemed and held to be legal investments for such funds. Section 2. Said Act is further amended by striking section 2 thereof in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Accounts as a deposit or in lieu of bond . Whenever, under the laws of this State or otherwise, a deposit of securities is required, for any purpose, the securities made legal investments by the foregoing section shall be acceptable for such deposits, and whenever, under the law of this State, or otherwise, a bond is required with security, such bond may be furnished, and the securities made legal investments by the foregoing section in the amount of such bond when deposited therewith shall be acceptable as security without other security. The provisions of this section and the foregoing section are supplemental to any and all other laws relating to and declaring what shall be legal investments for the persons, corporations, organizations and official referred to in these sections and the laws relating to the deposit of securities and the making and filing of bonds for any purpose. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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STATE EMPLOYEES' HEALTH INSURANCE ACT AMENDEDCOVERAGE FOR EMPLOYEES PREVIOUSLY REJECTING COVERAGE. No. 665 (House Bill No. 796). An Act to amend an Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended by an Act approved February 13, 1962 (Ga. L. 1962, p. 51), and an Act approved April 2, 1963 (Ga. L. 1963, p. 277), so as to provide for coverage of employees previously rejecting such coverage; to authorize the State Personnel Board to promulgate rules and regulations relative to the coverage of such employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a health insurance plan for State employees, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended by an Act approved February 13, 1962 (Ga. L. 1962, p. 51), and an Act approved April 2, 1963 (Ga. L. 1963, p. 277), is hereby amended by adding after the first sentence of section 12 the following sentence: Such rules and regulations shall include, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date., so that when so amended, section 12 shall read as follows: Section 12. The Board shall promulgate such rules and regulations as may be required for the effective administration of this Act. Such rules and regulations shall include, but not be limited to, rules and regulations establishing the conditions under which employees who originally rejected coverage may acquire coverage at a later date. 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

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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. Section 2. Said Act is further amended by striking from paragraph (b) of section 15 the following: and no coverage shall be or become available for anyone rejecting such coverage. and inserting in lieu thereof the following: and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the Board relative thereto., so that when amended paragraph (b) of section 15 shall read as follows: (b) All persons who become State employees as defined in this Act, on or after the `employer commencement date,' and who are eligible as specified by Rules and Regulations of the Board, shall, as a condition of their employment become members of this health insurance program; except, that any employee in State service prior to the `employer commencement date,' who is otherwise eligible in accordance with Rules and Regulations of the Board, shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the Board relative thereto. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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USE OF GOVERNOR'S STAFF EMBLEMS. No. 666 (House Bill No. 799). An Act to provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's staff without the written permission of the Governor of the State of Georgia; to prohibit the sale of such signs or emblems; 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. It shall be unlawful to display in any manner upon any motor vehicle a sign, tag or emblem of any fashion purporting to convey the impression that the owner thereof is a member of the Governor's staff without the written permission of the Governor of the State of Georgia. Section 2. It shall be unlawful to sell or offer to sell any such sign, tag or emblem. Section 3. Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. SUPERIOR COURT JUDGES RETIREMENT FUND ACT AMENDED. No. 667 (House Bill No. 801). An Act to amend an Act creating the office of the Judge of the Superior Courts, Emeritus, and the Superior Court Judges Retirement Fund of Georgia, approved March 9,

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1945 (Ga. L. 1945, p. 362), as amended, so as to provide that interest earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Judge of the Superior Courts, Emeritus, and the Superior Court Judges Retirement Fund of Georgia, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, is hereby further amended by adding to section 16 a new sentence to read: However, prior to any withdrawal against general funds of the State for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to section 18 shall first be disbursed as benefits. Payment of benefits. So that section 16 of said Act, when amended, shall read: Section 16. The State of Georgia shall pay to all judges who are eligible for retirement under this Act the benefits herein provided without regard to the sufficiency of said fund to pay said benefits. However, prior to any withdrawal against general funds of the State for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to section 18 shall first be disbursed as benefits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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REPRESENTATIVES TO MANAGE PUBLIC ASSISTANCE BENEFITS. No. 670 (House Bill No. 872). An Act to provide for the appointment of a personal representative to manage the assistance payments for recipients of public assistance benefits who become unable to manage the assistance payments or otherwise fails so to manage, to the extent that deprivation or hazard to himself or others results, 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 otherwise qualified applicant for or recipient of Old Age Assistance, Aid to the Blind, Aid to the Totally and Permanently Disabled, General Assistance or payee in the case of Aid to Dependent Children who is or shall become unable to manage the assistance payments, or otherwise fails to so manage, to the extent that deprivation or hazard to himself or others results or, in the case of Aid to Dependent Children, the payment is not being used for the benefit of the children, a petition may be filed by the County Director of the Department of Family and Children Services before the Court of Ordinary of the county in which the applicant resides or the county in which the recipient receives his check, in the form of a verified written application for the appointment of a personal representative for the purpose of receiving and managing public assistance payments for any such recipient or payee, which application shall allege one or more of the above grounds for the legal appointment of such personal representative. Petitions. Section 2. The court shall summarily order a hearing on the petition and shall cause the applicant or recipient to be served personally with a copy of said petition and order at least five days in advance of the time and place for the hearing. Findings of fact shall be made by the court without a jury; and if the court shall find that the applicant for or recipient of Old Age Assistance, Aid to the Blind, Aid to the Totally and Permanently Disabled, General Assistance or

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payee in the case of Aid to Dependent Children is unable to manage the assistance payments or otherwise fails so to manage, to the extent that deprivation or hazard to himself or others results, or, in the case of Aid to Dependent Children, the payment is not being used for the benefit of the children, the court may thereupon enter an order embracing said findings and appointing some responsible person as a personal representative of the applicant or recipient or of the payee in the case of Aid to Dependent Children for the purposes set forth herein. Provided however, that no employee of the Department of Family and Children Services shall be eligible to hold such appointment. The personal representative so appointed shall serve without bond and without compensation. He will be responsible for receiving the monthly assistance payment and using the proceeds of such payment for the benefit of the recipient of Old Age Assistance, Aid to the Blind, Aid to the Totally and Permanently Disabled, General Assistance or in the case of Aid to Dependent Children, for the application of the payment to the best interest of the children. Such personal representative shall be responsible to the court for the faithful discharge of the duties of his trust. The court may consider the recommendation of the Director of the County Department of Family and Children Services in the selection of a suitable person for appointment as personal representative for the limited purposes of this section. The personal representative so appointed may be removed by the court, and the proceedings dismissed or another suitable personal representative appointed. All costs of court with respect to any such proceeding shall be waived. Hearings. Section 3. From the order of the court appointing or removing such personal representative an appeal may be had to the judge of the superior court who shall hear the matter de novo without a jury. Appeals. Section 4. The court may for the purposes of this section, direct the Director of the County Department of Family and Children Services to maintain records pertaining to all aspects of any personal representative proceedings which the court may adopt as the court's record and in lieu of maintenance of separate records by the court. The facts

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arrived at by the Director of the County Department of Family and Children Services pursuant to this section and the findings of the court pursuant to this section shall not be competent as evidence in other proceedings dealing with any subject matter other than as provided herein. Records. Section 5. The provisions of this Act are severable. If any part of the Act is declared invalid or unconstitutional such declaration shall not affect the part which remains. Severability. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 3, 1964. CLERKS OF SUPERIOR COURTS RETIREMENT FUND ACT AMENDED. No. 671 (House Bill No. 989). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), so as to increase the contributions required of clerks of the superior courts to be paid into the retirement fund; to change certain retirement benefits; to provide certain new retirement benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), is hereby amended by striking from section 7 the symbol and figures $15.00, $3600.00, and $180.00, wherever the same shall appear, and substituting in lieu thereof the following: $18.00, $4,320.00, and $216.00, respectively, so that when so amended section 7 shall read as follows:

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Section 7. Any clerk in order to participate in the benefits provided for in this Act shall make application to the superior court clerks' retirement fund of Georgia upon blanks to be furnished for that purpose by the board, giving such information as may be required by the board. He shall pay a monthly sum into the fund which shall be either 5% of the money received for official services as clerk, or $18.00 per month, whichever is the smaller sum. In computing the above percentage, the clerk shall be allowed to deduct any sums which he must expend for the operation of his office so that said 5% shall be based on his net income from said office. All clerks who make application and are accepted for membership in the fund shall furnish the board under oath with a statement of their monthly earnings and shall remit to the board, not later than the tenth day of each subsequent month, the amount due hereunder. No payments shall be made to the board earlier than for the month of April, 1952. Provided, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income for his services the sum of $4,320.00 or more per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than $216.00 for each year. If the sum paid in by such clerk through monthly remittances does not amount to $216.00, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Provided further, however, any other provisions of this section to the contrary notwithstanding, any clerk receiving as net income from his services a sum less than $4,320.00 per annum shall, in order to participate in the benefits provided in this Act, pay into the fund a total amount of not less than 5% of the sum which he receives for each year. If the sum paid in by such clerk through monthly remittances does not amount to such 5%, he shall pay the sum necessary to make up the difference on or before the 20th day of January of the following year. Contributions. Section 2. Said Act is further amended by striking from section 9 the symbol and figures $200.00 and substituting in lieu thereof the symbol and figures $240.00, so that when so amended section 9 shall read as follows:

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Section 9. In order to be eligible to receive the retirement benefits provided for in this Act, a clerk of the superior court must have served twenty years, and at least twelve years of such service must have been as clerk of the superior court, and four years must have been served continuously as clerk of a superior court immediately preceding retirement. Subject to the restrictions set out herein, a clerk, in computing such service, may include service as a deputy clerk of the superior court or the period of service as member of the armed forces of the United States of America, in event the tenure of office as clerk was broken by said military service or service as any elective county officer. No person shall be eligible for the retirement benefits provided herein unless he has paid into the fund the amount provided for in this Act for the four years' service immediately preceding his retirement. Any clerk who is approved for the purpose of receiving retirement benefits shall be paid a monthly amount equal to two-thirds of his salary based upon his last four years of service as clerk immediately preceding his retirement, or the sum of $240.00 per month, whichever is the smaller sum. No person shall receive credit for any service performed after the effective date of this Act unless payment for the period covered by such service has been made to the board as provided for in this Act. No person shall be eligible for benefits provided herein until his official duties shall have terminated, and unless he shall file application for benefits within ninety days, or as soon thereafter as possible from the time of the termination of his official duties. Retirement. Section 3. Said Act is further amended by adding before section 10 the following numbered sections: Section 9B. Notwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing 16 years of creditable service as provided for above, provided he or she shall become totally and permanently disabled, after having commenced their service as a clerk, and shall be entitled to receive retirement benefits in the amount of [UNK] of his average monthly income for the last 4 years of service as a clerk, or $240.00 per month, whichever is the smaller sum. All questions relating to the degree and nature

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of the total and permanent disability suffered by the clerk shall be determined by the Board of Commissioners. Disability retirement. Section 9C. Norwithstanding any other provisions of this Act to the contrary, a clerk may retire after completing 20 years of service as provided for above, at age 55, and receive the benefits provided for in section 9 hereof, or in lieu thereof elect to receive [UNK] of the benefits he is entitled to receive under section 9 during the remainder of his life, and at his death, leaving a surviving spouse, said spouse shall be entitled to receive a monthly sum during his or her lifetime equal to 50% of the amount of the retirement benefit provided for clerks under section 9. Surviving spouse. Section 9D. In the event any clerk has not retired under any of the provisions of this Act, but is eligible to do so, and dies, his surviving spouse shall receive a monthly sum during his or her lifetime equal to 50% of the amount said clerk would have received had he or she retired under the provisions of section 9C. In order to receive such benefits, any such spouse must be at least 55 years of age and have been married to said clerk for at least 6 years immediately preceding the death of said clerk. In the event said spouse remarries, the benefits payable under this section to her shall immediately terminate. Same. Section 9E. In the event any unmarried clerk or any clerk who has elected to retire under the provisions of section 9 dies before having retired, the total sum, without interest, which has been paid by said clerk into the Fund shall be paid to the clerk's estate. If, after retiring, any unmarried clerk or any clerk who has elected to retire under the provisions of section 9 or 9B should die without having received, by way of benefits under this Act, an amount equal to the amount which said clerk paid into the Fund, the difference therein, without interest, shall be paid to said clerk's estate. Refunds. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACTAMENDED. No. 672 (House Bill No. 1026). An Act to amend an Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360, et. seq.), as amended, particularly by Act No. 535 of the 1964 Session of the General Assembly, approved January 30, 1964, so as to redefine the terms sale at retail, use, storage and consumption; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360, et. seq.), as amended, particularly by Act. No. 535 of the 1964 Session of the General Assembly, approved January 30, 1964, is hereby further amended by striking from the first sentence of the first paragraph of section 3 (c) 2 the words sale at retail, appearing at the end thereof, and substituting in lieu thereof the words shipment or sale and by striking the second sentence of said paragraph and substituting in lieu thereof the following sentence: To qualify for the packaging exemption, such items shall be used solely for packaging and shall not be purchased for reuse. so that said first paragraph of said section 3 (c) 2, as thus amended, shall read as follows: The terms `sale at retail', `use,' `storage', and `consumption' shall not include the sale, use, storage or consumption of industrial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product nor shall such terms include industrial materials, other than machinery and machinery

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repair parts, that are coated upon or impregnated into the product at any stage of its processing, manufacture or conversion, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for shipment or sale. To qualify for the packaging exemption, such items shall be used solely for packaging and shall not be purchased for reuse. Provided, however, the term `industrial materials' shall not include natural or artificial gas, oil, gasoline, electricity, solid fuel, ice or other materials used for heat, light, power or refrigeration in any phase of the manufacturing, processing or converting process. Packaging exemption. Section 2. The provisions of this Act shall become effective March 1, 1964. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1964. SOUTHERN INTERSTATE NUCLEAR COMPACT AMENDED. No. 676 (House Bill No. 798). An Act to amend an Act providing that the State of Georgia become a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. L. 1962, p. 505), so as to admit into the Compact the State of Missouri; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the State of Georgia become a party to the Southern Interstate Nuclear Compact, approved March 3, 1962 (Ga. L. 1962, p. 505), is hereby amended by adding to subsection (a) of Article VII of the Compact which is quoted in section I of said Act,

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between the words Mississippi and North Carolina, the word Missouri,, so that when so amended, subsection (a) of Article VIII shall read as follows: 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, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia shall be eligible to become party to this compact. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. TAX COLLECTORS COMPENSATION IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 23,750 AND NOT MORE THAN 23,850 PERSONS. Code 92-5301 Amended. No. 678 (House Bill No. 813). 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

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county and shall be county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled: An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes; to provide for the fees to be allowed tax collectors on delinquent taxes; to provide for the time of payment of commissions to tax receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended particularly by Acts approved February 11, 1955 (Ga. L. 1955, p. 176), and an Act approved February 12, 1960 (Ga. L. 1960, p. 107), is hereby amended by adding at the end of section 3 the following: Providing, further, in those counties having a population of not less than 23,750 or more than 23,850 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 fifteenth 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

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board of commissioners of roads and revenues or the ordinary in those counties having no board of commissioners may by appropriate resolution provide that the tax collector's or tax commissioner's commission shall be 10 percent of all taxes collected in excess of 80 percent of the total taxes due according to the net tax digest. Provided, further, that in those counties where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax collector or tax commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such county. And provided further that in all counties having a population in excess of 300,000 according to the 1950 census 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. Provided, further, in those counties having a population of not less than 23,750 or more

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than 23,850 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 fifteenth 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 March 4, 1964. ATTORNEY'S FEES FOR REPRESENTING ESTATES. Code 113-1522 Amended. No. 682 (House Bill No. 980). An Act to amend Code section 113-1522, relating to the authority of administrators to provide for the estate competent legal counsel, so as to provide that the expenses and fees of such legal counsel may be approved by the ordinary; to provide that the administrator or the legal counsel may obtain the ordinary's approval; to provide that the ordinary's judgment may be appealed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 113-1522 relating to the authority of administrators to provide for the estate competent legal counsel is hereby amended by adding at the end thereof the following: Either the administrator or the attorney employed may, by petition to the ordinary and duly served on the other, obtain a judgment fixing the attorney's fees and expenses. Such judgment shall be appealable as in other cases.

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so that when amended Code section 113-1522 shall read as follows: 113-1522 . An administrator is authorized to provide for the estate competent legal counsel, according to the needs of the estate he represents. Either the administrator or the attorney employed may, by petition to the ordinary and duly served on the other, obtain a judgment fixing the attorney's fees and expenses. Such judgment shall be appealable as in other cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. DEEDS, ETC. BY MARRIED MINORS EIGHTEEN YEARS OLD. No. 684 (House Bill No. 988). An Act to amend an Act entitled An Act to provide that any person who shall have reached his or her eighteenth birthday and who is married, may execute notes, loan deeds, deeds to secure debt, for the purpose of securing loans on real estate; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 453), so as to authorize certain minors to execute instruments conveying interests in real estate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide that any person who shall have reached his or her eighteenth birthday and who is married, may execute notes, loan deeds, deeds to secure debt, for the purpose of securing loans on real estate; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 453), is hereby amended by adding between the words and and

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the in section 1 the following: may execute any instrument conveying any interest in real estate, and, so that when so amended, section 1 shall read as follows: Section 1. From and after the passage of this Act, any person who shall have reached his or her eighteenth birthday and who is married, may execute promissory notes, loan deeds, and deeds to secure debt, for the purpose of securing loans on real estate, and may execute any instrument conveying any interest in real estate, and the same shall be valid just as if such person had attained the age of twenty-one years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. RECREATION SYSTEMSTAX RATES, REFERENDUMS. No. 693 (House Bill No. 751). An Act to amend an Act entitled An Act empowering cities, towns, and counties, separately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties, approved February 1, 1946 (Ga. L. 1946, p. 152), as amended by an Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 30), and an Act approved April 12, 1963 (Ga. L. 1963, p. 553), so as to provide that any municipality shall have the authority to levy a tax in excess of any limitation contained in its municipal charter if a referendum is held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act entitled An Act empowering cities, towns, and counties, separately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties, approved February 1, 1946 (Ga. L. 1946, p. 152), as amended by an Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 30), and an Act approved April 12, 1963 (Ga. L. 1963, p. 553), is hereby amended by adding a new paragraph at the end of section 8 to read as follows: Provided, however, that any municipality is hereby authorized to levy a tax in excess of any limitation contained in its municipal charter if a referendum is held and a majority of the qualified voters of such municipality voting in such election shall vote in favor of such millage increase. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. SOLICITORS' GENERAL RETIREMENT FUND ACT AMENDED. No. 695 (House Bill No. 800). An Act to amend an Act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), so as to provide that interest earned by investment of funds shall be disbursed as benefits before using any general funds of the State for the payment of benefits; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), is hereby amended by adding a new sentence to the end of section XIII to read: However, prior to any withdrawal against general funds of the State for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to section XV shall first be disbursed as benefits. Payment of benefits. So that said section XIII, when amended, shall read: Section XIII. The State of Georgia shall pay to all solicitors-general, who are eligible for retirement under this Act, the benefits herein provided without regard to the sufficiency of the retirement fund herein provided to pay said benefits. However, prior to any withdrawal against general funds of the State for payment of benefits, all interest and moneys earned and accumulated by investment pursuant to section XV shall first be disbursed as benefits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. COMMON AGENCY FUNDS. No. 696 (House Bill No. 809). An Act to provide for common agency funds; for the administration of such common agency funds; to prescribe the rights of participants in such common agency funds; to authorize trust institutions as defined by this Act to establish common agency funds; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following terms shall have the meaning prescribed by this section unless a contrary meaning appears from the context:

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(a) The term trust institution means any State bank, any national bank or any trust company, authorized to act in a fiduciary capacity in this State, and under the supervision of the Comptroller of Currency of the United States, or the Federal Reserve System, or the Banking Department of the State of Georgia. Definitions. (b) The term managing agent means any trust institution acting on behalf of another or others under an agency agreement whereby such managing agent is authorized by contract with such person to manage, invest and reinvest, or otherwise control, property or funds of such principal. (c) The term common agency fund means a fund maintained by a managing agent exclusively for the collective investment and reinvestment of moneys contributed thereto by such managing agent in its capacity as such managing agent, pursuant to any agency agreement between such managing agent and a principal, and established, maintained and administered pursuant to the requirements of this Act. (d) The term participation shall mean the interest of a participating agency in the common agency fund. (e) The term security or securities shall include all types of property in which the managing agent is authorized to invest the assets of the common agency fund. (f) The term certificate shall mean a certificate of participation issued by the managing agent for any principal whose funds are invested in such common agency fund. Section 2. Any managing agent may establish, maintain and administer one or more common agency funds. Intent. Section 3. Any managing agent in its capacity as such, whether such capacity arose before the enactment of this Act or is created after this Act becomes effective may invest funds which it lawfully holds under any such agency contract in any interest or participations in one or more common agency funds, if such investment is authorized by the

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contract between such managing agent and any such principal. Investments. Section 4. Every common agency fund established pursuant to this Act shall be managed, handled, controlled, and administered in the same manner as common trust funds established under the authority of the Act of the General Assembly of Georgia approved March 20, 1943 (Ga. L. 1943, p. 442), are required by that Act, as it has been or may be amended, to be managed, handled, controlled and administered; and all of the provisions of that Act, as it has been or may be amended, not in conflict with this Act, shall apply to such common agency funds, and to the rights, duties and liabilities of the parties to any agency agreement or agreements pursuant to which any managing agent may establish any common agency fund. Intent. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. EMPLOYMENT SECURITY LAW AMENDED. Code Ann. 54-626 Amended. No. 697 (House Bill No. 843). An Act to amend an Act approved March 29, 1937 known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.), as amended (now Employment Security Law), by extending the time for the expenditure of moneys paid into the Unemployment Compensation Fund pursuant to section 903 of the Federal Social Security Act; 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 that:

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Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.), as amended (now the Employment Security Law), be and the same is hereby amended as follows: Section 2. By striking in subparagraph (C) of the third paragraph of subsection (c) of section 9 (Section 54-626 Ga. Ann. Code), the words four, five and fourth in said subparagraph and inserting in lieu thereof the words nine, ten and ninth respectively so that when so amended, the third paragraph of subsection (c) of section 9 shall read as follows: Money credited to the account of this State 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, may be requisitioned and used in the payment of expenses incurred for the administration of this Act pursuant to a specific appropriation by the legislature, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which: Use of funds. (A) specifies the purposes for which such money is appropriated and the amount appropriated therefor, (B) limits the period within which such money may be expended to a period ending not more than two years after the date of the enactment of the appropriation law, (C) limits the amount which may be used during a twelve-month period beginning on July 1 and ending on the next June 30 to an amount which does not exceed the amount by which (i) the aggregate of the amounts credited to the account of this State pursuant to section 903 of the Social Security Act, as amended, during the same twelve-month period and the nine preceding twelve-month periods, exceeds (ii) the aggregate of the amounts used pursuant to this subsection and charged against the amounts credited to the account of this State during any of such ten twelve-month periods. For the purposes of this subsection, amounts used during any such twelve-month period shall be charged

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against equivalent amounts which were first credited and which are not already so charged; except that no amount used for administration during any such twelve-month period may be charged against any amount credited during such a twelve-month period earlier than the ninth preceding such period. Section 3. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1964. TEACHERS RETIREMENT SYSTEM ACT AMENDED. No. 698 (House Bill No. 845). An Act to amend the Teachers Retirement System Act, Ga. L. 1943, p. 640, as subsequently amended, so as to provide a per diem allowance in addition to reimbursement of expenses for members of the Board of Trustees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Teachers Retirement System of Georgia, Ga. L. 1943, p. 640, as subsequently amended, is further amended by striking sub-section (4) of section 6 in its entirety and substituting a new sub-section (4) of section 6 to read: (4) The trustees shall receive the sum of $20 per diem for each day of attending meetings of the Board or for any committee meetings called pursuant to authorization of the Board, and for time spent in necessary travel. In addition thereto, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the Board of Trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses. Per diem for trustees.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. GARNISHMENT. Code 46-102, 46-105 Amended. No. 702 (House Bill No. 893). An Act to amend Code Chapter 46-1, relating to right to writ of garnishment and how obtained and served, as amended, by an Act approved February 15, 1952 (Ga. L. 1952, p. 153), and an Act approved March 7, 1962 (Ga. L. 1962, p. 717), so as to provide that the affidavit of garnishment may be made before the clerk of any court of record in which the garnishment is being filed or in which the main case is filed that said clerk may issue the writ of garnishment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 46-1, relating to right to writ of garnishment and how obtained and served, as amended, by an Act approved February 15, 1952 (Ga. L. 1952, p. 153), and an Act approved March 7, 1962 (Ga. L. 1962, p. 717), is hereby amended by inserting between the word attachment and the word stating in the first sentence of Code section 46-102, relating to the necessity, contents and bond of an affidavit of attachment, the words or the clerk of any court of record in which the said garnishment is being filed or in which the main case is filed, so that when so amended Code section 46-102 shall read as follows: 46-102 . The plaintiff, his agent, or attorney at law shall make affidavit before some officer authorized to issue an attachment, or the clerk of any court of record in which the said garnishment is being filed or in which the main case is

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filed stating the amount claimed to be due in such action, or on such judgment, and that he has reason to apprehend the loss of the same or some part thereof unless process of garnishment shall issue, and shall give bond, with good security, in a sum at least equal to double the amount sworn to be due, payable to the defendant in the suit or judgment, as the case may be, conditioned to pay said defendant all costs and damages that he may sustain in consequence of suing out said garnishment, in the event that the plaintiff shall fail to recover in the suit, or it shall appear that the amount sworn to be due on such judgment was not due, or that the property or money sought to be garnished was not subject to process of garnishment. No person shall be taken as security on the bond who is an attorney for the plaintiff or a nonresident unless the nonresident is possessed of real estate in the county where the garnishment issues of the value of the amount of such bond. Affidavits. Section 2. Said Code Chapter is further amended by inserting between the word attachments and the word to in the first sentence of Code section 46-105, relating to service and return of the summons of garnishment, the words or the clerk of any court of record in which the said garnishment is filed or in which the main case is filed, so that when so amended Code section 46-105 shall read as follows: 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, or the clerk of any court of record in which the said garnishment is filed or in which the main case is filed, 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 30 days and not later than 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

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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 10 days after service of such summons. Provided, however, nothing in section 2 of this Act shall apply to the Municipal Court, City of Augusta. Summons. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. OLD AGE ASSISTANCE ACT AMENDED. No. 705 (House Bill No. 916). An Act to amend an Act known as the Old Age Assistance Act approved February 26, 1937 (Ga. L. 1937, p. 311), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 368-372), so as to allow applicants or recipients for Old Age Assistance to have life insurance not to exceed the face value of one thousand dollars ($1,000); and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:

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Section 1. An Act known as the Old Age Assistance Act approved February 26, 1937 (Ga. L. 1937, p. 311), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 368-372), is hereby amended by striking the words insurance (cash value) of section 3-A and inserting at the end of the first sentence thereof the following sentence In addition a recipient shall be allowed to have life insurance not to exceed the face value of one thousand dollars ($1,000), so that when so amended section 3-A shall read as follows: Life insurance of recipients. Section 3-A. Any other provision of this Act to the contrary notwithstanding any recipient of Old Age Assistance under the provisions of this Act shall be allowed by the State and County Departments of Family and Children Services to have, not subject to budgetary inclusion, an amount not to exceed eight hundred dollars ($800.00) in cash, or other forms of savings for the purpose of taking care of unexpected serious illness, funeral and other unforeseen happenings or events. In addition, a recipient shall be allowed to have life insurance not to exceed the face value of one thousand dollars ($1,000). Any recipient of assistance under this Act may expend the emergency allowance herein provided for any emergency purpose including expenses of any other member of recipient's family who is also a recipient. Provided, however, that this section shall not become effective until approved by the Department of Public Health, Education and Welfare of the Federal Government. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 4, 1964.

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CRIMESABANDONMENT OF PREGNANT WIFE. Code 74-9903 Enacted No. 706 (House Bill No. 931). An Act to amend Code Chapter 74-99 relating to crimes and punishments for violations of provisions of Title 74 of the Code entitled Parent and Child, so as to provide that any husband who abandons his wife while she is pregnant with his child shall be guilty of a misdemeanor; to provide the penalty for such crimes; to define Dependent Condition; to provide for the crime of leaving the State after such abandonment and to prescribe the penalty therefor; to provide that the wife shall be a competent witness to testify against her husband in such cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 74-99 relating to crimes and punishments for violations of provisions of Title 74 of the Code entitled Parent and Child, is hereby amended by adding after Code section 74-9902 a new Code section to be known as Code section 74-9903, to read as follows: 74-9903. Abandonment of wife while pregnant; wife as witness against her husband; punishment for abandonment . (a) If any husband shall willfully and voluntarily abandon his wife, while she is pregnant with his child, leaving her in a dependent condition, he shall be guilty of a misdemeanor and upon conviction therefor, shall be punished as provided by law. Provided, however, that the husband shall not be deemed to have willfully and voluntarily abandoned his wife, as provided above, unless he shall have actual knowledge of her pregnant condition. A wife shall be deemed to be in a dependent condition when the husband charged with the offense of abandonment does not furnish her sufficient food, clothing or medical treatment both before and immediately upon the birth of such child. The offense of abandonment as set forth above shall be and is hereby declared to be a continuing offense.

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(b) If any husband who shall willfully and voluntarily abandon his wife while in a pregnant state, as provided for above, shall leave the jurisdiction of this State he shall be guilty of a felony and shall, upon conviction therefor, be imprisoned in the penitentiary for not less than one (1) year nor more than three (3) years, which shall be reducible to a misdemeanor. (c) The wife shall be competent to be a witness against her husband in any proceedings or cases brought against the husband for abandonment as set forth above. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. DRIVER RESPONSIBILITY LAW AMENDED. No. 707 (House Bill No. 932). An Act to amend an Act providing for the giving of security by owners and operators of motor vehicles approved February 21, 1951 (Ga. L. 1951, p. 565), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), an Act approved February 26, 1957 (Ga. L. 1957, p. 124), an Act approved March 26, 1958 (Ga. L. 1958, p. 694), an Act approved March 17, 1959 (Ga. L. 1959, p. 341) and an Act approved April 12, 1963 (Ga. L. 1963, p. 593), so as to change the minimum amount of damages to property or person, resulting from an accident, requiring the filing of a report of the accident causing such damages; to change the amount of security that an operator or owner must file with the Director of Public Safety as security for any judgment for damages or injuries which might be recovered against him by an aggrieved person; so as to change the period of time for which the Director must revoke an operator's license for certain offenses; to provide that the Director may reinstate licenses

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revoked for said offenses after the expiration of thirty (30) days from the date of conviction of the operator; to change the time period within which a second offense occurs so as to require the filing of proof of financial responsibility; to change the length of duration of proof of future financial responsibility; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the giving of security by owners and operators of motor vehicles approved February 21, 1951 (Ga. L. 1951, p. 565), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 543), an Act approved February 26, 1957 (Ga. L. 1957, p. 124), an Act approved March 26, 1958 (Ga. L. 1958, p. 694), an Act approved March 17, 1959 (Ga. L. 1959, p. 341), and an Act approved April 12, 1963 (Ga. L. 1963, p. 593) is hereby amended by striking from section 4 the symbol and figures $50.00 and inserting in lieu thereof the symbol and figures $100.00, so that when so amended section 4 shall read as follows: Section 4. Report Required Following Accident .The operator of every motor vehicle which is in any manner involved in an accident within this State in which any person is killed or injured or in which damage to the property of any one person, including himself, to an extent of $100.00 or more is sustained, shall within 10 days after such accident report the matter in writing to the Director. Such report, the form of which shall be prescribed by the Director, shall contain information to enable the Director to determine whether the requirements for the deposit of security under Section 5 are inapplicable by reason of the existence of insurance or other exceptions specified in this Act. If such operator be physically incapable of making such report and is not the owner of the motor vehicle involved, the owner of the motor vehicle involved in such accident shall, within 10 days after learning of the accident, make such report. If the operator and owner are the same person and physically incapable of making such report within the required 10-day period, such person shall

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file the report as soon as he is able to do so, and in the meantime, the Director has authority to request a report of the accident from any officer who investigated the accident. The owner of any parked motor vehicle which is involved in an accident shall file the report of same within 10 days after learning of the accident. The operator or the owner shall furnish such additional relevant information as the Director shall require. Section 2. Said Act is further amended by striking from section 5(a) the symbol and figures $50.00 and inserting in lieu thereof the symbol and figures $100.00, and by striking from said paragraph the following language, but in no event in any amount less than five hundred dollars ($500.00), and inserting in lieu thereof the following language, but in no event in any amount less than the combined amount of damages, for both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party, so that when so amended section 5(a) shall read as follows: Section 5(a). Security and Financial Responsibility Required Unless Evidence of InsuranceWhen Security DeterminedSuspensionExceptions .Not less than thirty days after receipt by him of the report or notice of an accident which has resulted in bodily injury or death, or in damage to the property of any one person to an extent of $100.00 or more, the Director shall suspend the license and all registration certificates and all registration plates of the operator and owner of any motor vehicle in any manner involved in the accident unless or until the operator or owner has previously furnished or immediately furnishes security, sufficient in the judgment of the Director to satisfy and judgments for damages or injuries resulting from the accident as may be recovered against the operator or owner by or on behalf of any person aggrieved or his legal representative, but in no event in any amount less than the combined amount of damages, for both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party, and unless such operator or owner or both shall give and maintain proof of financial responsibility. If the operator or owner is a non-resident,

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the suspension shall apply to the privilege of operation or use of motor vehicles within this State. The Director shall not apply the provisions of this section against a resident of this State involved in an accident with a nonresident of this State when the damage is less than three hundred dollars except upon the written request of any party in interest. An adjudication or discharge in bankruptcy shall not relieve the operator or owner from furnishing security as provided herein or from the other provisions of this Act. Section 3. Said Act is further amended by striking section 7-A in its entirety and substituting in lieu thereof a new section 7-A to read as follows: Section 7-A. Upon conviction or plea of guilty or forfeiture of bond of any of the following offenses of an operator by or in any court it shall be mandatory upon the Director to revoke said operator's license for a period of one year, effective as of the date of such disposition: (1) Manslaughter, voluntary or involuntary, (or negligent homicide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State, hit and run, or leaving the scene of an accident as specified by the laws of this State; (5) Perjury or the making of a false affidavit or statement under oath to the Department of Public Safety under this Act or the law relating to drivers licenses, or under any other law relating to the ownership or operation of motor vehicles; (6) Upon third offense of violation of hazardous Motor Vehicle Laws of the State of Georgia, other than those offenses specified herein, within a period of twelve (12) months, which are subsequently disposed of as set forth in the first paragraph of this section; (7) Transporting contraband or stolen goods. Revocation of operators' licenses, etc. The Director may, after the expiration of thirty (30) days from date of conviction, reinstate the license of an operator whose license has been revoked under the above provisions only in the event said operator has qualified as

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required in this Act as a self-insurer, or produces evidence to the Director that he has qualified as required in this Act as a self-insurer, or produces evidence to the Director that he has obtained a policy of liability insurance, issued by a company authorized to do business in this State, or produces evidence that he has obtained a surety bond from a surety company authorized to do business in this State, except that no license shall be reinstated to a person whose license has been revoked three times for cause. It is further provided that the Director may accept proof of financial responsibility given by the owner of a motor vehicle on behalf of a member of the immediate family residing in the home of such owner in order to permit such operator to operate motor vehicles for which the owner has given proof as herein provided, and an employer may furnish proof of financial responsibility on behalf of an employee operator and qualify such operator to operate motor vehicles for which proof is given by employer as herein provided. The acceptance of such proof, given by an owner or employer, by the Director is subject to the provisions that such proof as given must meet the requirements as set forth herein and cover the operator while operating motor vehicles of the owner or employer. If the operator is only qualified to operate motor vehicles for an owner or employer, such restriction shall be designated by the Director on the license of the operator. The liability insurance policy shall provide for payment of not less than ten thousand dollars ($10,000.00) because of bodily injury to, or death of one person in any one accident, and not less than twenty thousand dollars ($20,000.00) because of bodily injury to, or death of two or more persons in any one accident and to a limit of not less than five thousand dollars ($5,000.00) because of injury to or destruction of property of others in any one accident. If the operator prefers to place a surety bond in lieu of the above described liability policy, said bond shall cover the same amounts as set out above. It is further provided that upon an insurance company filing a certification of an insurance policy or a surety company filing a surety bond with the Director in order for the operator to show the proof required herein, such bond or certification cannot be cancelled within a period of twelve (12) months from the effective date of such certification

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or bond except for a subsequent conviction for some revocable offense as set forth in subsection (a) of this section with the provision that the Director shall be given at least twenty (20) days prior written notice of such cancellation. The Director may, in his discretion, permit the cancellation of such certification or bond for other cause made known to and approved by him. If the Director is convinced that said operator does not have the above described financial responsibility coverage any time during a period of at least one (1) year following the conviction, plea of guilty or forfeiture of bond of said operator of any of the above offenses, it shall be the duty of said Director to immediately revoke the license of the operator involved. Section 4. Said Act is further amended by striking from section 7-B, subsection (2), the figure 24 and inserting in lieu thereof the figure 12, so that when so amended subsection (2) of section 7-B, shall read as follows: (2) Upon a second or subsequent conviction, within 12 months of an offense to which subsection (1) of this section applies, if the person convicted was not, at the time of two or more violations, covered by this section, in compliance with subdivision (a) or (b) of subsection (1) of this section, such person shall in lieu of filing the statement required under subsection (1) of this section, file proof of financial responsibility. Second conviction. Section 5. Said Act is further amended by striking from section 9 the words four hundred dollars in all places that they appear and by substituting in lieu thereof the following language, but in no event in any amount less than the combined amount of damages, for both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party, so that when so amended section 9 shall read as follows: Section 9. Form and amount of Security The security required under this Act shall be in such form and in such amount as the Director may require, but not in excess of $10,000. where only one person was injured or killed, $20,000. where more than one, nor $5,000. for property damage,

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nor in any event in an amount less than the combined amount of damages, for both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party as specified in section 5. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the Director or State Treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident. The Director may reduce the amount of security ordered in any case but in no event to an amount less than the combined amount of damages, for both personal and property injury, sworn to in the report or notice of the accident filed by the aggrieved party, within 6 months after the date of the accident, if, in his judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered, shall be returned to the depositor or his personal representative forthwith, notwithstanding the provisions of section 10. The Director may increase the amount of security in any case where subsequent information indicates that the original amount of security ordered would not be sufficient in his judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner. Section 6. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 which shall read as follows: Section 15. Duration of Future Proof of Financial Responsibility .In all those situations under this Act in which proof of financial responsibility for the future is required, such proof must be maintained for a one year period; Provided, however, that the second time any person is required

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by this Act to file proof of financial responsibility then such proof must be maintained for a three year period. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. DEPARTMENT OF LAWAPPROPRIATION. No. 708 (House Bill No. 937). An Act to amend an Act known as An Act to make and provide appropriations for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the fiscal year beginning July 1, 1964, and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; approved April 2, 1963 (Ga. L. 1963, p. 224), so as to provide for the deletion of certain language from section 26 of said Act dealing with 100% Federal funds; to substitute in lieu thereof certain language providing for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act entitled An Act to make and provide appropriations for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the fiscal year beginning July 1, 1964, and ending June 30, 1965; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; , approved April 2, 1963 (Ga. L. 1963, p. 224), is hereby amended by striking the following language from section 26 of said Act: unless the payment is made from 100% Federal funds, and substituting in lieu thereof the following language: unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform specific items of legal work in connection with the acquisition of rights-of-way on the State road system, so that when so amended said section shall read as follows: Section 26. Law, Department of . For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the Department of Law, or any other agency of the State in the Executive Branch of the State Government, shall be paid from this fund. No other agency is authorized to expend funds appropriated or otherwise available from any source for the support and maintenance of the respective agency for the purposes for which provision is made in this item, unless the payment is for reimbursement to the Department of Law by the State Highway Department for expenses incurred for legal services by any Assistant Attorney General or Deputy Assistant Attorney General assigned by the Attorney General of Georgia to perform

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specific items of legal work in connection with the acquisition of rights-of-way on the State road system. 1963-64 $465,000.00 1964-65 465,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services $390,000.00 Operating Expenses 75,000.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. COUNTIESEMINENT DOMAIN FOR WATERSHEDS, ETC. No. 709 (House Bill No. 944). An Act to confer upon each and every county of the State of Georgia the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; to provide for public parks and public recreational facilities to be developed in connection with the development or construction of any such project; to provide for ways of ingress and egress to and from such projects; to provide for certain procedures in condemnation; to provide that the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each and every county of the State of Georgia is hereby granted the right and power of eminent domain

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for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises to enable the county to institute and to accomplish the completion of small watershed projects and for works of improvement for watersheds and for watershed protection and flood control and flood prevention under any applicable act of the State of Georgia or of the United States. Watersheds. Section 2. Each and every county of the State of Georgia is further granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises for certain public parks, playgrounds, recreation centers or other recreational facilities, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control and flood prevention or for works of improvements for watershed. Parks, etc. Section 3. Each and every county of the State of Georgia is further granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, and property rights and franchises to allow for ways of ingress thereto, and egress therefrom, of any and all such watershed projects, improvement of watershed projects, watershed protection and flood control and flood prevention, and public parks, playgrounds, recreation centers, or other recreational facilities. Easements. Section 4. For the purpose of instituting and accomplishing the completion of small watershed projects and for the works of improvement for watersheds and for watershed protection and flood control and flood prevention, under any applicable Act of the State and the United States, and for public parks, playgrounds, recreational facilities, and for ways of ingress thereto and egress therefrom, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control, and flood prevention or for works of improvement for watersheds,

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each and every county of the State of Georgia may proceed to condemn said necessary land and rights therein and franchises in accordance with the procedures or any of them set forth by the pertinent eminent domain statutes of this State and in accordance with all existing laws applicable to the condemnation of private property for public use, including but not limited to Ga. Laws 1957, p. 387, et seq., codified in Ga. Code Ann., Ch. 36-6A, the provisions of which, together with all other provisions of law applicable to condemnation of private property of any interest therein for public use, shall be available to each and every county of the State of Georgia in any proceeding brought to exercise the right and power of eminent domain granted by this Act, to acquire the easements, land and property rights and franchises necessary. Franchises. Section 5. In any such proceeding the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding. Permanent flooded land. 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 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964.

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GWINNETT JUDICIAL CIRCUITGRAND JURIES. No. 710 (House Bill No. 946). An Act to amend an Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), so as to provide for the attendance of the grand jury at the May and July terms of court, and at the November and January terms of court, in the discretion of the judge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Gwinnett Judicial Circuit, approved February 12, 1960 (Ga. L. 1960, p. 110), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The grand jury of said county shall convene as provided by law. However, the judge, in his discretion, may require the attendance of the September grand jury at the November and January terms of court, and the attendance of the March grand jury at the May and July terms of court, if, in his opinion, the business of the court should require it. The grand juries in such attendance shall not be required to perform any other service than that which they shall be specially charged with by the judge. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 712 (House Bill No. 955). An Act to amend an Act establishing a State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 283), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1020), so as to

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change the provisions relating to former employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a State Employees Retirement System, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 283), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1020), is hereby amended by striking subsection (10) of section 4 in its entirety and inserting in lieu thereof a new subsection (10) to read as follows: (10) Any other provision of this Act to the contrary notwithstanding, any former employee of this State; except those former and present employees having previously elected non-membership in this System and any employee transferring his membership and credits to this System; who was a member of record as of July 1, 1957, who is not excluded by reason of the foregoing exceptions, who had at least fifteen years of service prior to July 1, 1953, for which earnable compensation was paid directly to him by a Department of State Government and who becomes entitled to benefits under the provisions of this Act, shall be eligible for and, upon proper certification, receive credit for only those prior service accumulations, either adjusted or otherwise, in the same manner as allowed all other eligible members of the System within the year 1953. Credit for prior service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964.

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COURT OF APPEALSOFFICE OF JUDGE EMERITUS. No. 719 (House Bill No. 1084). An Act to amend an Act creating the position of Judge Emeritus for Judges of the Court of Appeals, approved March 16, 1943 (Ga. L. 1943, p. 677), as amended, so as to provide that any person becoming a Judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Judge Emeritus; 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 position of Judge Emeritus for Judges of the Court of Appeals, approved March 16, 1943 (Ga. L. 1943, p. 677), as amended, is hereby amended by adding a new section to be known as section 5 to read as follows: Section 5. The provisions of this or any other law to the contrary notwithstanding, any person becoming a Judge of the Court of Appeals after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Judge Emeritus. The prohibition against appointment as Judge Emeritus shall not apply to any person holding the office of Judge of the Court of Appeals on April 1, 1964. Section 2. This Act shall become effective April 1, 1964. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964.

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SUPREME COURTOFFICE OF JUSTICE EMERITUS. No. 720 (House Bill No. 1085). An Act to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, approved March 30, 1937 (Ga. L. 1937, p. 1101), as amended, so as to provide that any person becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Justice Emeritus; to provide for definition; 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 positions of Chief Justice Emeritus and Associate Justice Emeritus, approved March 30, 1937 (Ga. L. 1937, p. 1101), as amended, is hereby amended by adding a new section to be known as section 6 to read as follows: Section 6. The provisions of this or any other law to the contrary notwithstanding, any person becoming a Justice of the Supreme Court after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed as Justice Emeritus. The prohibition against appointment as Justice Emeritus shall not apply to any person holding the office of Justice of the Supreme Court on April 1, 1964. The term `Justice' as used herein, shall include Chief Justices and Associate Justices. Section 2. This Act shall become effective April 1, 1964. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964.

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REVISION AND COMPLETION OF TAX ASSESSMENTS IN CERTAIN COUNTIES. Code 92-6917 Amended. No. 722 (House Bill No. 1130). An Act to amend Code section 92-6917, as amended by an Act approved March 8, 1945, (Ga. L. 1945, p. 251), relating to revision and completion of tax assessments 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 such census, the tax receiver or tax commissioner in such counties shall deliver by February 15 of each year to the board of tax assessors all tax returns received in that year; to provide that the county board of tax assessors shall complete the revision and assessment of returns of taxpayers by March 15th and the tax receivers in such counties shall forward one copy of the completed digest to the revenue commissioner for examination and approval by May 1st; to provide the effective date of the act; 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: the passage and approval of this Act: Section 1. Code section 92-6917 of the Code of Georgia of 1933, as amended by an Act approved March 8, 1945, (Ga. L. 1945, p. 251), relating to the revision and completion of assessments be, and the same is hereby, amended by adding at the end thereof the following language: In counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census or any future such census, the tax receiver or tax commissioner in such counties shall deliver by February 15 of each year to the board of tax assessors all tax returns received in that year, and the board of tax assessors in such counties shall complete their revision and assessment of the returns of taxpayers in their respective counties by March 15th of each year and the tax receiver or tax commissioner in such

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counties shall forward one copy of the completed digest to the State Revenue Commissioner for examination and approval by May 1st of each year. Where applicable, procedure. Section 2. This shall become effective on January 1, 1965. Section 3. All laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Approved March 4, 1964. MOTOR VEHICLESTAX ON NON-RESIDENT VEHICLES HAULING AGRICULTURAL PRODUCTS. No. 726 (House Bill No. 1246). 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 by an Act approved March 7, 1960 (Ga. L. 1960, p. 248), as amended, so as to provide that non-resident vehicles may haul seasonal agricultural products grown in this State upon the payment of a fee on a prorated daily basis; to provide for the identification of vehicles for which such fee is paid; to prohibit the operation of any such vehicle in violation of the provisions 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 motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38 Ex. Sess., p. 259), as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 248), as amended, is hereby amended by striking section 8 and section 8(a) and inserting in lieu thereof a new section to be numbered section 8 to read as follows: Section 8. All persons, firms, corporations, or associations, whether resident or nonresident of this State, shall

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be liable to and shall pay the taxes and fees required by law for the operation of motor vehicles in this State; provided, however, for the purpose of hauling seasonal agricultural products grown in this State, the fees may be prorated on a daily basis in accordance with the gross weight declared by the owner. The Commissioner is authorized to issue a special tag or other means of identification to indicate compliance with the provisions of this Chapter. No such vehicle shall be operated in violation of the provisions of this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. JIM L. GILLIS, SR. BRIDGE DESIGNATED. No. 146 (House Resolution No. 333-747). A Resolution. To designate The Jim L. Gillis, Sr., Bridge; and for other purposes. Whereas, the Honorable Jim L. Gillis, Sr., has served at the helm of the State Highway Department for over fifteen years, which is longer than any other man in the history of the State Highway Department of Georgia; and Whereas, he has, during this period, honestly and efficiently supervised the expenditure of over one billion dollars on improvements to Georgia's State Highway System, county road network, and city streets; and Whereas, Mr. Jim has fruitfully and unselfishly served the people of Georgia in numerous other capacities, in county government, in the General Assembly, in forestry, in agriculture, in State planning, and as a nationally recognized leader of his party; and

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Whereas, the uniformly exemplary calibre of his service has earned for him the respect and admiration of all Georgians; and Whereas, a bridge bearing his name located on the University of Georgia campus would be a most fitting tribute to this outstanding alumnus and State leader. Now, therefore, be it resolved by the General Assembly of Georgia that the newly constructed bridge uniting the north and south campus of the University of Georgia be officially named and designated as The Jim L. Gillis, Sr., Bridge. Be it further resolved that the State Highway Department is hereby directed to place a befitting plaque or other means of identification on the aforesaid bridge at State expense. Approved March 4, 1964. RESOURCES ADVISORY BOARD, SOUTHEAST RIVER BASINS. No. 147 (House Resolution No. 349-795). A Resolution. Relating to the Resources Advisory Board, Southeast River Basins to authorize the appointment of a Representative from Georgia on said Board; and for other purposes. Whereas, the U. S. Study Commission, Southeast River Basins, was authorized and created by the Congress of the United States (Public Law 85-850); and Whereas, the report of said Commission was submitted to the President as provided by law on September 24, 1963; and

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Whereas, in accordance with the provisions of the enabling legislation, the Commission ceased to exist three months after the Commission's report was filed with the President of the United States, that is on December 24, 1963; and Whereas, there is a need to continue the coordination that has been engendered by the Study Commission so that the projects and programs recommended in the comprehensive plan can be consummated in the same atmosphere; and Whereas, there also is a need to provide a continuing basis by which the requirements for resources developments can be compared with the actual accomplishments and the two maintained in satisfactory balance for the public good; and Whereas, in addition, it is expected that many new proposals for resources development, initiated by both public and private agencies, will need to be coordinated with those in the Commission's plan; and Whereas, periodically, the long-range plan should be updated in the light of current requirements, and where necessary, revised to reflect changing conditions; and Whereas, said Commission has recommended that an advisory board be created for the purpose of facilitating and coordinating the implementation of the plans of the Commission, and it is desirable that such a Board be created; Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized to appoint a Representative from Georgia to serve on the Resources Advisory Board, Southeast River Basins, as such Board is now or may hereafter be provided for. The person so appointed shall serve at the pleasure of the Governor. He shall receive no compensation but shall be reimbursed for his actual expenses incurred in the performance of his duties relative to membership on said

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Board. The passage of this Resolution shall be deemed to be the creation of said Board from the standpoint of the State of Georgia, and the Representative from Georgia appointed as aforesaid by the Governor is hereby authorized and directed to work with the other members of the Board from such of the states of Florida, Alabama and South Carolina, as shall provide for Representatives therefrom. Until such time as the General Assembly shall provide otherwise, the funds necessary for paying Georgia's pro rata share for the operation of said Board and the expenses of the Georgia Representative thereon, shall be provided for by funds appropriated to the State Health Department or other available funds. Approved March 5, 1964. HUGH C. TUCKER BRIDGE DESIGNATED. No. 148 (House Resolution No. 385-853). A Resolution. To designate the Hugh C. Tucker, Sr. Bridge; and for other purposes. Whereas, Honorable Hugh C. Tucker, Sr., deceased, was a member of the Board of Tax Assessors for Jasper County, Georgia; and Whereas, Honorable Hugh C. Tucker, Sr., was for many years in the automobile business in the City of Monticello, Georgia and was active in the business and civic affairs of said city; and Whereas, he was admired and respected by those who knew him and his able counsel and advice will be sorely missed by the citizens of Jasper County; and Whereas, it is only fit and proper that a monument be designated in his honor in order that his name may be perpetuated.

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Now, therefore, be it resolved by the General Assembly of Georgia that the bridge over Gap Creek on State Route No. 83, located in Jasper County, be named for Honorable Hugh C. Tucker, Sr. and shall henceforth be designated and known as the Hugh C. Tucker, Sr. Bridge. Be it further resolved that the State Highway Department is hereby authorized and directed to place a fitting marker, plaque or other means of identification on, at or near said bridge indicating the said bridge is named the Hugh C. Tucker, Sr. Bridge. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to the members of the family of the late Honorable Hugh C. Tucker, Sr. and to the State Historical Commission. Approved March 4, 1964. O. H. BANKS BRIDGE DESIGNATED. No. 149 (House Resolution No. 386-853). A Resolution. To designate the O. H. Banks Bridge; and for other purposes. Whereas, Honorable O. H. Banks is active in the civic and business affairs of Jasper County having served as the Mayor of the City of Shady Dale from 1941 through 1957 and from 1960 through 1964; as Vice Chairman of the Jasper County Board of Welfare from 1937 through 1963, and as a member of and as Chairman of the Jasper County Board of Education; and Whereas, Honorable O. H. Banks is active in the religious, business and civic affairs of Jasper County having

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served as President of the Citizens Bank of Shady Dale and as a Deacon of the Providence Baptist Church; and Whereas, he is respected and beloved by all those who know him; and Whereas, he is active in political affairs of Jasper County; and Whereas, his presence and participation in the political and business affairs of Jasper County greatly added in the economic growth of Jasper County; and Whereas, it is only fit and proper that some memorial be designated to perpetuate his name. Now, therefore, be it resolved by the General Assembly of Georgia that the bridge over Murder Creek on State Route No. 83, located in Jasper County, be named for Honorable O. H. Banks and shall henceforth be known as the O. H. Banks Bridge. Be it further resolved that the State Highway Department is hereby authorized and directed to place a fitting marker, plaque or other means of identification on, at or near said bridge indicating the said bridge is named the O. H. Banks Bridge. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to Honorable O. H. Banks and to the State Historical Commission. Approved March 4, 1964.

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COMMITTEE TO STUDY INDUSTRIAL SAFETY. No. 150 (House Resolution No. 397-888). A Resolution. Creating a committee for the purpose of studying industrial safety; and for other purposes. Whereas, the State of Georgia is experiencing a period of unprecedented industrial development not only as relates to the location of new industries in the State but in the expansion of older industries; and Whereas, such increased industrialization is attracting new workers from farms and rural and urban areas in ever increasing numbers; and Whereas, with the increase in industry in the State there is a corresponding increase in industrial accidents accompanied by resultant injuries, deaths, and the inevitable heavy toll of suffering and misery not to mention the loss of thousands of man-hours of production; and Whereas, it is to the best interest of industry, the workers engaged therein, the workers in the fields of public utilities, common carriers, and other related fields, and of the public, that industrial safety be promoted and industrial accidents be reduced to a minimum; Now, therefore be it resolved by the General Assembly of Georgia that there is hereby created a committee to be composed of eleven members as follows: Three members of the House of Representatives to be appointed by the Speaker; three members of the Senate to be appointed by the President; two members representing management to be appointed by the Governor; two members representing labor to be appointed by the Governor; and one other citizen to be appointed by the Governor. The committee shall study the problem of industrial safety and industrial accidents and seek to find ways and means of promoting and insuring maximum safety for all workers

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in whatever endeavors they are engaged, thereby reducing the loss of life, reducing the number of injuries suffered by workers, and reducing the loss of thousands of man-hours of production caused by industrial accidents. The members of the committee shall be appointed within 60 days after the approval of this Resolution by the Governor or after it otherwise becomes law. Any vacancies which occur shall be filled by the person making the original appointment and shall represent the same fields in which the vacancy occurred. The members shall meet within 30 days after all members have been appointed for the purposes of organizing, electing such officers as deemed advisable, and adopting procedures for the operation of the committee. The members shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees, but shall receive the same for not more than 20 days per member. In the event the Governor appoints any member who is a member of the Executive Branch of the Government or the Judicial Branch of the Government, such member shall receive the same from the funds from which he is otherwise compensated. Otherwise, members shall receive the same 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, which report shall be accompanied by such proposed legislation as might be recommended by the committee. Such report shall be made on or before December 1, 1964, on which date the committee shall stand abolished. Approved March 4, 1964.

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MAYNARD MILL BRIDGE DESIGNATED. No. 151 (House Resolution No. 439-1020). A Resolution. To designate the Maynard Mill Bridge; and for other purposes. Whereas, the Maynard family is an old and prominent family in Monroe County; and Whereas, the Maynard family has lived continuously in Monroe County for several generations; and Whereas, members of the Maynard family have held responsible positions in Monroe County and in the State of Georgia; and Whereas, the Maynard family has contributed immeasurable benefits to Monroe County; and Whereas, the Maynard family has at all times strived to promote the social, economical and religious activities of the county; and Whereas, for many years certain members of the Maynard family owned and operated a water-driven grist mill, known as Maynard Mill on the bank of the Tobesofkee Creek; and Whereas, said grist mill was near the bridge crossing Tobesofkee Creek on the county highway commonly known as Maynard Mill Road which connects State Highways 42 and 74 in Monroe County; and Whereas, it is only fitting and proper that some recognition be given this outstanding Georgia family for its pioneering, enterprising and religious leadership; Now, therefore, be it resolved by the General Assembly of Georgia that the bridge over Tobesofkee Creek on the

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county highway known as Maynard Mill Road which connects State Highway 42 and State 74 in Monroe County be named for the Maynard family, and henceforth shall be known as the Maynard Mill Bridge. Be it further resolved and it is directed that the State Highway Department make this of record and place a befitting marker, plaque or other means of identification on the aforesaid bridge at State expense, indicating the said bridge is named the Maynard Mill Bridge. Be it further resolved that suitable copies of this resolution be furnished to the Clerk of the Superior Court of Monroe County and to the Honorable Harold G. Clarke, Representative of Monroe County, so that he may furnish copies to the immediate members of the Maynard family. Approved March 4, 1964. COMPENSATION OF DIRECTOR OF PUBLIC SAFETY. No. 727 (House Bill No. 969). An Act to amend an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. L. 1949, p. 70), and an Act approved March 25, 1958 (Ga. L. 1958, p. 296), so as to change the compensation of the Director of Public Safety of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 2, 1949 (Ga. L. 1949, p. 70), and an Act approved March 25, 1958 (Ga. L. 1958, p. 296), is hereby amended by striking from the second paragraph of section 3 of article I, the figures $10,000.00 and by substituting in lieu thereof the figures

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$16,000.00, so that when so amended the second paragraph of section 3 of article I shall read as follows: The Director of Public Safety of Georgia shall be appointed by the Board of Public Safety for a term of four (4) years, and shall receive an annual salary of $16,000.00, payable monthly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1964. STATE EMPLOYEESTIME OFF TO VOTE. No. 728 (Senate Bill No. 306). An Act to provide that each employee in the State of Georgia shall be permitted by his employer to have any necessary time off to vote in primaries and elections for which such employee is qualified and registered to vote; 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. Each employee in the State of Georgia shall, upon reasonable notice to his employer, be permitted by his employer to take any necessary time off from his employment to vote in any municipality, county, state or federal political party primary or election for which such employee is qualified and registered to vote, on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two (2) hours; and provided further that if the hours of work of such employee commences at least two (2) hours after the opening of the polls, or ends at least two (2) hours prior to the closing of the polls, then the time off for voting as provided for in this Act shall not apply. The employer may specify

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the hours during which said employee may absent himself as herein provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. MRS. A. W. BRAMBLETT, SR. POET LAUREATE. No. 184 (Senate Resolution No. 139). A Resolution. Confirming the appointment of Mrs. A. W. Bramblett, Sr. as Poet Laureate of the State of Georgia; and for other purposes. Whereas, on September 13, 1963, the Honorable Carl E. Sanders, Governor, State of Georgia, appointed by appropriate executive order Mrs. A. W. Bramblett, Sr. of Forsyth, Monroe County, Georgia, as the Poet Laureate of the State of Georgia; and Whereas, the outstanding literary qualifications and achievements of this distinguished poetess are widely recognized throughout the South and the Nation; and Whereas, it is befitting that the appointment by the Honorable Carl E. Sanders of Georgia's Poet Laureate be confirmed by this body. Now, therefore, be it resolved by the General Assembly of Georgia that the appointment of Mrs. A. W. Bramblett, Sr. of Forsyth, Monroe County, Georgia, by the Honorable Carl E. Sanders on September 13, 1963, as the Poet Laureate of the State of Georgia is hereby confirmed. Approved March 10, 1964.

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STATE EMPLOYEESPAYMENTS TO CREDIT UNIONS. No. 730 (House Bill No. 155). An Act to authorize the various departments and agencies of the State to deduct from the salaries and wages of State employees, amounts for the payment of deposits and payments of indebtedness to credit unions within such departments and agencies; to provide that such deductions shall be on a voluntary basis; to provide that fiscal authorities or other employees will incur no liability in performance of their agreement with employees; 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. Any department or agency of the State of Georgia is hereby authorized to deduct from the salaries or wages of its employees, designated amounts for the purpose of payment of deposits to a department or agency credit union or the payment of indebtedness to a department or agency credit union, if such department or agency credit union is a corporation and existing under the laws of this State. No such deduction shall be made without the approval of the head of the department or agency. No such deductions shall be made without the written request of the employee, which request shall designate the exact amount which is to be deducted. Any employee who has consented to a deduction is hereby authorized to withdraw from such plan upon two weeks written notice. Section 2. The fiscal authorities or other employees of the various department or agencies will not incur any liability for errors or ommissions made in the performance of the agreement between the department or agency and the employee. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS ACT AMENDED. No. 731 (House Bill No. 432). An Act to amend an Act entitled An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists., approved February 21, 1951 (Ga. L. 1951, p. 408), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), so as to change the method of appealing decisions of the Board to suspend or revoke licenses; to change the fees for certain licenses; to provide the procedure for enjoining the unauthorized practice of applied psychology; to provide for appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists., approved February 21, 1951 (Ga. L. 1951, p. 408), as amended, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), is hereby amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. The action of the Board of Psychologists in granting, refusing to grant, or renew a license under this Chapter or in revoking or suspending or refusing to revoke or suspend such a license, shall be subject to appeal to the superior court in the same manner as decisions made by the Court of Ordinary are appealed to the Superior Court except that the time for filing said appeal shall be twenty (20) days, and when the Board shall have filed its decision, any person desiring to appeal from the decision shall give ten days written notice to the Board of intention to appeal said decision. Appeals. Section 2. Said Act is further amended by striking from section 15 the following: or a license by reciprocity. No part of any fee shall be returnable under any circumstance.

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and substituting in lieu thereof the following: A fee of $50.00 shall be charged for issuing a license by reciprocity., so that when so amended section 15 shall read as follows: Section 15. License fees : There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for license by examination, an initial fee of ten dollars. If the applicant is found eligible for licensure, he shall pay an additional fee of fifteen dollars prior to the granting of the license. A fee of ten dollars shall be charged for issuing a temporary license. A fee of $50.00 shall be charged for issuing a license by reciprocity. Section 3. Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. During the month of January of each year, every license holder shall apply to the Board for a renewal of his license, and if, at the discretion of the Board, the license is renewed, he shall pay to the Joint-Secretary, State Examining Boards, a renewal fee of $5. Any license shall be cancelled if the holder fails to renew said license within three months after the renewal date, but any license so cancelled by default may be restored by the Board upon payment of a fee of $15, within one year after cancellation. Renewal. Section 4. Said Act is further amended by adding between sections 20 and 21 a new section to be known as section 20-A and to read as follows: Section 20-A. The Board of Examiners of Psychologists shall have the power to bring an equitable proceeding to enjoin by writ of injunction any person, firm or corporation who, without being licensed to practice applied psychology by the said Board, engages in the practice of applied psychology as herein regulated. The proceeding shall be filed in the county in which said person resides or in the county where the firm or corporation maintains a principal office. If it shall be made to appear that such person, firm or corporation is practicing applied psychology without a license, the writ of injunction shall be issued and such person, firm

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or corporation shall be permanently enjoined from practicing applied psychology throughout the State. It shall not be necessary in order to obtain the equitable relief herein provided for the said Board to allege and prove there is no adequate remedy at law. It is hereby declared that such unlicensed activities are a menace and a nuisance, dangerous to public health, safety and welfare. Injunctions. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. LEGAL STATUS OF A FIDUCIARY, ETC. No. 732 (House Bill No. 542). An Act to define the legal status and non-liability of a fiduciary, (whether an executor, administrator, guardian or trustee) when obeying the exercise of fiduciary powers in and by another co-fiduciary, committee or person or persons to direct investments; and the definition of such status and non-liability shall be declaratory of existing and future laws; to define the words Trustee and Trust as used in said Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever an instrument containing a trust reserves unto the settlor, or vests in an advisory or investment committee or in any other person or persons, including a co-trustee, to the exclusion of the trustee or to the exclusion of one or more of several trustees, authority to direct the making or retention of investments or of any investment, the excluded trustee or co-trustee shall be liable, if at all, only as a ministerial agent and shall not be liable as trustee or co-trustee for any loss resulting from the making or retention of any investment pursuant to such authorized direction. Trustee as used in this section includes and means an executor, administrator, guardian or

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trustee. Trust as used in this section includes and means the estates held by a trustee or trustees as herein defined, whether such estates are held or in existence at the time of the enactment of this law, or later come into existence. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. JOINT PLANNING COMMISSIONS ACT AMENDEDAPPEALS. No. 734 (House Bill No. 696). An Act to amend an Act entitled An Act to authorize the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to provide for the preparation and amendment of over-all plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regulation of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws, and for other purposes., approved March 13, 1957 (Ga. L. 1957, p. 420), as amended, so as to provide for appeals from decisions of the Board of Zoning Appeals; 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 authorize the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to provide for the preparation and amendment of over-all plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regulation of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws, and for

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other purposes., approved March 13, 1957 (Ga. L. 1957, p. 420), as amended, is hereby amended by adding a new section thereto to be known as section 11A to read as follows: 11A. Zoning: Appeals from decisions of Board of Zoning Appeals . Any person or persons severally or jointly aggrieved by any decision of the Board of Zoning Appeals, may take an appeal to the Superior Court. Said appeal to the Superior Court shall be the same as an appeal to the Superior Court from any decision made by the Court of Ordinary and as specified in Chapter 6-2 of the Code of Georgia, except, however, that said appeal may be filed within thirty days from the date of the decision of the Board of Zoning Appeals, and upon failure to file said appeal within thirty days the said decision of the Board of Zoning Appeals shall be final. Provided, however, that on appeal said case shall be heard by the Judge of the Superior Court without a jury, unless one of the parties files a written demand for a jury trial within thirty days from the filing of the appeal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. CONSOLIDATION OF BOND ELECTION RESULTS IN CERTAIN MUNICIPALITIES. Code 87-202 Amended. No. 735 (House Bill No. 703). An Act to amend section 87-202 of the Code of Georgia of 1933 with reference to creating bonded debts for counties, municipalities and divisions and prescribing the manner in which elections shall be held; to provide that in municipalities having a population of 300,000 or more according to the U. S. Census of 1960 or any future U. S. Census,

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that it shall not be necessary that the returns be consolidated in the presence of and together with the several managers; 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 section 87-202 of the Code of Georgia of 1933 with reference to creating bonded debt for counties, municipalities and divisions and prescribing the manner in which elections shall be held be and the same is amended by adding the following proviso, to-wit: Provided, that in municipalities having a population of 300,000 or more according to the U. S. Census of 1960 or any future U. S. Census, that the returns may be consolidated and the result declared in the same manner and under the same rules and regulations as elections for officers of said municipalities are held and the governing bodies of such municipalities shall designate an officer of the municipality to receive the returns, consolidate same and report the consolidated return to the governing body which shall declare the result of the election. Where applicable, procedure. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964. CRIMESCONDUCT OF OFFICERS, ETC. OF POLITICAL SUBDIVISIONS, ETC. No. 736 (House Bill No. 723). An Act to regulate the conduct of officers, employees and agents of political subdivisions, municipal and other public corporations and other public organizations, so as to make it a crime: to improperly influence action by the governing authorities of any political subdivision, municipal or other public corporation, or other public organization,

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of the State; to deal with the State, County or other political subdivision, municipal or other public corporation, or other public organization, directly or indirectly while acting as an officer, employee or agent of such political subdivision, municipal or other public corporation, or other public organization; to accept remuneration in addition to compensation provided by law while acting as an officer, employee or agent of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia; to embezzle or convert public money or records, or to convert the property of another while acting as an officer, employee or agent of a political subdivision, municipal or other public corporation, or other public organization, of the State of Georgia; to make any false statements concerning contracts or projects of any political subdivision, municipal or other public corporation, or other public organization; to enter into any conspiracy in restraint of free and open competition in transactions with political subdivisions, municipal or other public corporations, or other public organizations; to fail to fully account for public money; to misuse public funds or property while acting as a custodian of such public funds or property; to commit or attempt to commit an act of extortion; to accept kickbacks from public employees, whether the employee be in the service of State, or a County, City or any other political subdivision, or other public corporation or organization of the State; to make false statements and entries in public records; to trade in funds or debts of any political subdivision, municipality or other public corporation or any public organization while a collecting or disbursing officer thereof; to offer anything of value to an officer or employee of any political subdivision, municipality or other public corporation, or other public organization with intent to influence his decision or action. To repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Officer or Employees Improperly Influencing Legislative Action . Whoever, being an officer or employee of, or any person acting for, or on behalf of, any political subdivision, municipal or other public corporation, or other

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public organization, of the State of Georgia, in any official capacity, asks, accepts or receives, any money, or any check, order, contract, promise undertaking, obligation, guaranty, or security, for the payment of money, or for the delivery or conveyance of anything of value, with the intent of procuring or attempting to procure the passage or defeat the passage of any ordinance, resolution or other action by the governing authorities of such political subdivision, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than 5 years. Section 2. Interested Persons Acting as Government Agents . Whoever being an officer, agent or member of, or interested in the pecuniary profits or contracts of any corporation, joint stock company, or association or of any firm, partnership, sole proprietorship or other business entity, and who is an officer, agent or employee of any political subdivision or municipal corporation of the State of Georgia, or any agency thereof, or a member of any board, bureau or commission of any political subdivision or municipal corporation of the State of Georgia, or any agency thereof, or a member of, or employed by, any authority created by the laws of Georgia or by appropriate ordinance or resolution of the political subdivision or municipal corporation, and who is entitled to or receives compensation or per diem in his official capacity or for his official duties, shall not for himself or in behalf of any of the aforesaid business entities sell any goods, wares or merchandise, personal property or other chattels to the political subdivisions, municipal or other public corporations, or other public organizations, of the State of Georgia or any agency thereof in excess of $100.00 unless sold as a result of bona fide competitive bidding. Any violation of this section shall constitute a felony and any person convicted under the provisions of this law shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. No act shall be considered a violation of any provision of this section unless the same is done with intent to defraud the political subdivision, municipal or other public corporations, or other public organizations, of the State of Georgia or any agency thereof.

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Section 3. Officer or Other Person Accepting Remunerations in Addition to Compensation Provided by Law . Whoever, being an officer, employee, or agent of any political subdivision or any municipal or other public corporation, or other public organization, of the State of Georgia, or any agency thereof, accepts money, or anything of value, in addition to his legally authorized compensation, from any source, as an inducement to perform his duty, or to refrain from performing his duty, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year, nor more than five years. Section 4. Officer or Employee Converting Property of Another . Whoever, being an officer or employee of any political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or agency thereof, embezzles or converts to his own use the money or property of another which comes into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or employee, or is voluntarily contributed to such officer or employee in the performance of his official duty, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 5. Contracts or ProjectsFalse Statements . Whoever, being an officer, agent or employee, of any political subdivision, municipal or other public corporation, or other public organization, of the State of Georgia, or whoever, whether a person, association, firm or corporation, knowingly makes any false statement, false representation or false report as to the character, quality, quantity, or cost of any material used or to be used by any political subdivision, municipal or other public corporation, or other public organization of the State, or the quantity or quality of the work performed or to be performed for any political subdivision of the State, or the costs thereof; or whoever knowingly makes any false statement, false representation, or false report or claim for work or materials furnished to any political subdivision, municipal or other public corporation,

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or other public organization of the Statewith intent to defraud the political subdivisionshall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 6. Conspiracies in Restraint of Free and Open Competition . Every contract, combination, or conspiracy, in restraint of trade or in restraint of free and open competition in any transaction with a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or any agency thereof shall be illegal, whether said transaction be for goods, material or services. Every person who shall make any contract, or engage in any combination or conspiracy declared herein to be illegal, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 7. Public Money, Property or Records . Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record, voucher, money, or thing of value of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or agency thereof; or any property made or being made under contract for a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or agency thereof, or whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year, nor more than five years. Section 8. Accounting Generally for Public Money . Whoever, being an officer, employee, or agent of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or agency thereof, having received public money which he is not authorized to retain as salary, pay, or emolument wilfully fails to render his accounts for the same as provided by law, is guilty

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of embezzlement, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 9. Custodians, Generally, Misusing Public Funds . Whoever, being an officer or other person charged by any law with the safe-keeping of the public moneys, loans, uses, or converts to his own use, or deposits in any bank or exchanges for other funds, except as specially allowed by law, any portion of the public moneys entrusted to him for safe-keeping, is guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 10. Extortion by Officers or Employees . Whoever, being an officer or employee of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia or agency thereof, or representing himself to be, or assuming to act as such under color or pretense of office or employment, commits or attempts an act of extortion, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 11. Kickbacks From Public Employees . Whoever, by force, intimidation, or actual threat of procuring dismissal from employment with a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia, induces any employee of a political subdivision, municipal or other public corporation, or other public organization of the State to give up any part of the compensation to which he is entitled under the terms of his employment, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 12. Statements or Entries Generally . Whoever, in any matter within the jurisdiction of any department or agency of a political subdivision, municipal or other public corporation, or other public organization of the State of

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Georgia knowingly and wilfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, with intent to defraud a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 13. Collecting or Disbursing Officer Trading in Public Property . Whoever, being an officer of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia concerned in the collection or the disbursement of the revenues thereof, carries on any trade or business in the funds or debts of the political subdivision, municipality or other public corporation or organization, or in any public property, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 14. Offer to Officer or Other Person . Whoever, promises, offers, or gives any money or thing of value, or makes or tenders any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to any officer or employee or person acting for or on behalf of a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia, or agency thereof, in any official function, under or by authority of any such agency or to any officer or person acting for or on behalf of the governing authorities, or of any committee thereof, with intent to influence his decision or action on any question, matter, cause or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any

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fraud on a political subdivision, municipal or other public corporation, or other public organization of the State of Georgia, or to induce him to do or omit to do any act in violation of his lawful duty, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. Section 15. Construction . Nothing in this Act shall be deemed or construed to have repealed any other valid statute or ordinance and the crimes herein provided shall be in addition to other sanctions provided by law, both criminal and civil. Section 16. Effective Date . This Act shall become effective on approval by the Governor. Approved March 10, 1964. CRIMESABANDONMENT OF DOMESTIC ANIMALS. No. 737 (House Bill No. 746). An Act to make it unlawful for any person to abandon any domestic animal, including dogs; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly: Section 1. It shall be unlawful for any person to wilfully abandon any dog or cat owned by said person. Section 2. Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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WILLS AND ADMINISTRATION OF ESTATESDISCHARGE OF EXECUTORS. Code 113-2307, 113-2308, 113-2309 Enacted. No. 738 (House Bill No. 805). An Act to amend Code chapter 113-23, relating to the discharge and resignation of administrators and the procedure connected therewith, as amended, so as to provide for the discharge of executors of last wills and testaments of deceased persons who are relieved by such wills of the duty of making returns to the ordinaries of the counties in which such wills were probated; to provide a definition for the word executor as the same relates to the aforesaid; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 113-23, relating to the discharge and resignation of administrators and the procedure connected therewith, as amended, is hereby amended by adding a new section thereto to be known as section 113-2307, to read as follows: 113-2307 . Notwithstanding any other provisions of this Title to the contrary, any executor of the last will and testament of a deceased person who is relieved by such will of the duty of making returns to the ordinary of the county in which such will was probated, and who has fully administered the estate of such decedent and fully executed the will of such testator, may be discharged and dismissed as such executor, upon filing with the ordinary of such county a verified petition for discharge setting forth that he has fully administered the estate and fully executed the will, but has made no returns of his acts and doings as such executor because relieved by such will of such duty. Discharge. Section 2. Said Code Chapter is further amended by adding a new section thereto to be known as section 113-2308, to read as follows:

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113-2308 . Notwithstanding any other provisions of this Title to the contrary, upon such petition being filed, the ordinary shall issue citation and cause the same to be published as provided by law in the case of applications of administrators for discharge, and, unless good cause is shown to the contrary, at the first term of the court of ordinary after the completion of such publication, the ordinary shall issue to such executor letters of dismission, without examination into the condition of the estate and without requiring the filing of returns by such executor. Procedure. Section 3. Said Act is further amended by adding a new section thereto to be known as section 113-2309, to read as follows: 113-2309 . The term executor as used in sections 113-2307 and 113-2308 shall include corporate executors and co-executors. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. APPOINTMENT OF NEW TRUSTEES. Code 108-315 Amended. No. 739 (House Bill No. 807). An Act to amend Code section 108-315, relating to the appointment of new trustees by the superior courts, as amended, by an Act approved March 17, 1959 (Ga. L. 1959, p. 324), so as to provide that appointments of new trustees may be made upon the petition of the sole party at interest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 108-315, relating to the appointment of new trustees by the superior courts, as amended

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by an Act approved March 17, 1959 (Ga. L. 1959, p. 324), is hereby amended by adding after the words upon the petition of two or more of the parties interested in such trust and before the punctuation mark, , the words or upon the petition of the sole party at interest so that when so amended Code section 108-315 shall read as follows: 108-315 . In all cases of any trust, where the sole or surviving trustees shall have departed this life or removed beyond the jurisdiction of the courts of the State or have resigned or shall have otherwise become disqualified, the superior courts of the several counties shall have full power and authority, upon the petition of two or more of the parties interested in such trust or upon the petition of the sole party at interest, and on such notice as the court shall direct, in a summary manner, to appoint a new trustee or trustees in the place of such deceased or non-resident or resigned or disqualified trustee; and such new trustee shall have all the authority, and be subject to all the pains and penalties of such deceased or non-resident or resigned or disqualified trustee; and all laws or enactments shall be as applicable and in as full force in respect to the new as to the old trustee; and said court may in its discretion require bond and security of such trustee. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. EASTERN JUDICIAL CIRCUITCLERK'S SALARY. No. 740 (House Bill No. 822). An Act to amend an Act prescribing and establishing the compensation of the Clerk of the Superior Court, Eastern Judicial Circuit, Chatham County, Georgia, and prescribing the method of paying the same, approved January 26, 1957 (Ga. L. 1957, p. 463), so as to provide that the

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compensation of the Clerk of the Superior Court, Eastern Judicial Circuit, Chatham County, Georgia, shall not be less than eight thousand, five hundred dollars ($8,500.00) per year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prescribing and establishing the compensation of the Clerk of the Superior Court, Eastern Judicial Circuit, Chatham County, Georgia, and prescribing the method of paying the same, approved January 26, 1957 (Ga. L. 1957, p. 463), is hereby amended by inserting the words not less than between the word be and the word Eight in section 1 of said Act, so that when so amended said Section shall read as follows: Section 1. From and after the approval of this Act, the salary and/or compensation of the Clerk of the Superior Court, Eastern Judicial Circuit, Chatham County, Georgia, shall be not less than eight thousand, five hundred dollars ($8,500.00) per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before me Lloyd Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the

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other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to-wit: State of Georgia, County of Chatham: Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that Chatham County will apply to the Session of the General Assembly of Georgia convening in January, 1964, for passage of local legislation to change the compensation of the clerk of the superior court of Chatham County, Georgia. This 27th day of December, 1963. John W. Sognier County Attorney Chatham County has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 27, 1963, January 3, 10, 1964. /s/ Lloyd G. Eder (Deponent) Sworn to and subscribed before me, this 20 day of January, 1964. /s/ Eleanor F. Carriere Notary Public, Chatham County, Ga. (Seal). Approved March 10, 1964.

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STATEWIDE PROBATION ACT AMENDED. No. 743 (House Bill No. 827). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), so as to change the compensation of the Assistant Director of Probation and the Field Supervisors; to change the requirements to hold the office of Assistant Director and Field Supervisor; 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 by an Act approved February 14, 1958 (Ga. L. 1958, p. 15) is hereby amended by striking section 3A in its entirety and inserting in lieu thereof a new section 3A to read as follows: Section 3A. There is hereby created the office of Assistant Director of Probation and such Field Supervisors as may be feasible and desirable in the discretion of the State Board of Probation. Said Assistant Director of Probation and Field Supervisor shall be appointed by the State Board of Probation in the same manner as the Director of Probation is appointed and the salaries of said Assistant Director of Probation and Field Supervisors shall be fixed by the State Board of Probation not to exceed the sum of eight thousand five hundred ($8,500.00) dollars per annum. Any person, in order to hold the office of Assistant Director of Probation or Field Supervisor, must be at least twenty five years of age and mu[UNK]st 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. In the event the applicant has not complied with the standard four year college course as provided above, the Board, in computing the four year college course is hereby authorized to substitute each two years of full time experience as

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a probation officer, parole officer or social worker for one scholastic quarter, not to exceed eight scholastic quarters. The applicant must also 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 officers shall also be allowed travel and other expenses the same as other State employees. Qualifications, salary, etc. of Assistant Director. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. WHITE SUPERIOR COURTTERMS. No. 744 (House Bill No. 838). An Act to change the terms of the Superior Court of White County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the year 1964 and each year thereafter, the Superior Court of White County shall convene on the first Monday in April and the first Monday in October of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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POLICE POWERS OF CHIEF DRUG INSPECTOR, ETC. Code 42-102.1 Enacted. No. 745 (House Bill No. 850). An Act to amend Code Chapter 42-1, relating to the inspection and regulation of drugs, as amended, so as to grant certain police powers and authority to the Chief Drug Inspector and his assistants; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 42-1, relating to the inspection and regulation of drugs, as amended, is hereby amended by adding between sections 42-102 and 42-103 a new code section to be numbered 42-102.1, and to read as follows: 42-102.1 . The Chief Drug Inspector and the assistant drug inspectors shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating the provisions of an Act known as the `Uniform Narcotic Drug Act', approved March 24, 1935 (Ga. L. 1935, p. 418), as amended; or any persons violating or charged with violating the provisions of an Act known as the `Dangerous Drug Act', approved March 16, 1939 (Ga. L. 1939, p. 288), as amended. In case of such arrests the Chief Drug Inspector or any of his assistants shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regards to the person delivered to him by any person arresting under the provisions of this section shall be the same as if the sheriff had made the original arrest. Such inspectors are authorized and directed to seize and take possession of all articles which are declared to be contraband under the provisions of said Acts, and shall deliver such articles to such sheriff.

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Section 2. Nothing contained herein shall be construed to entitle the Chief Drug Inspector and the assistant drug inspectors to membership in the Peace Officers Annuity And Benefit Fund. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. PUNISHMENT FOR LARCENY OF DOGS. Code 26-2612 Amended Code 26-2612.1 Enacted. No. 746 (House Bill No. 855). An Act to amend Code Chapter 26-26, relating to the punishment of those persons convicted of larceny and theft, as amended, so as to increase the punishment for stealing dogs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-26, relating to the punishment of those persons convicted of larceny and theft, as amended, is hereby amended by striking from Code section 26-2612, relating to the larceny of certain animals, the following: , and also dogs,, so that when so amended Code section 26-2612 shall read as follows: 26-2612. Larceny of other animals; punishment .All other domestic animals which are fit for food may be subjects of simple larceny; and any person who shall steal any such animal shall be guilty of a misdemeanor. Section 2. Said Code Chapter is further amended by inserting between Code section 26-2612 and Code section 26-2613 a new Code section to be numbered 26-2612.1 and to read as follows:

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26-2612.1 Any person who shall wrongfully and fraudulently take the dog of another shall be guilty of simple larceny and upon conviction thereof shall be punished by confinement in the penitentiary for not less than one (1) year nor more than three (3) years, regardless of the value of said dog. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. COMPENSATION OF CORONERS IN CERTAIN COUNTIES. Code 21-105 Amended. No. 749 (House Bill No. 883). An Act to amend Code section 21-105, relating to fees for 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. Code section 21-105, relating to fees for coroners, as amended, is hereby amended by adding at the end thereof the following: In all counties of this state having a population of not less than 15,250 and not more than 15,500 according to the United States Decennial 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

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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. Where applicable, etc. Section 2. The monthly salary provided for by this Act shall commence with that month in which this Act is approved by the Governor, or it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. TIFTON JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 750 (House Bill No. 887). An Act to amend an Act placing the solicitor-general of the Tifton Judicial Circuit on a salary, approved February 22, 1933 (Ga. L. 1933, p. 819), as amended particularly by an Act approved March 6, 1959 (Ga. L. 1959, p. 122), so as to change the salary of the solicitor-general of the Tifton 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 Tifton Judicial Circuit on a salary, approved February 22, 1933 (Ga. L. 1933, p. 819), as amended particularly by an Act approved March 6, 1959 (Ga. L. 1959, p. 122), is hereby amended by striking section 1 of said 1959 amendatory Act and substituting in lieu thereof the following: Section 1. The solicitor-general shall receive, in addition to his present compensation, and all other allowances provided by law, the sum of $2,870.00 per annum, which said sum of $2,870.00 per annum shall be paid out of the general

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treasuries of the various counties composing said Circuit in the following respective sums and proportions: Worth County $ 50.00 per month Tift County $134,20 per month Turner County $ 25.00 per month Irwin County $ 30.00 per month Out of said salary and compensation, the solicitor-general shall pay for such stenographic and clerical assistance as may be required by him in the preparation and investigation of matters with which the office of solicitor-general is charged by law to administer. Section 2. This Act shall go into effect and become operative on and after its passage and approval by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. HOMESTEAD EXEMPTION FOR DISABLED WAR VETERANS. No. 751 (House Bill No. 889). An Act to amend an Act entitled An Act to carry into effect an amendment to paragraph four of Section 1 of Article VII of the Constitution of Georgia, approved February 20, 1957, (Ga. L. 1957, p. 72), as ratified at the general election November 4, 1958, relating to homestead exemption for certain disabled veterans; to provide a procedure for obtaining said exemption; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 170), so as to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis; 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 entitled An Act to carry into effect an amendment to paragraph four of Section 1 of Article VII of the Constitution of Georgia, approved February 20, 1957, (Ga. L. 1957, p. 72), as ratified at the general election November 4, 1958, relating to homestead exemption for certain disabled veterans; to provide a procedure for obtaining said exemption; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 170), is hereby amended by adding in section 1 between the words brain and or the following: or paraplegia or such permanent paralysis resulting from multiple sclerosis,, so that when so amended section 1 shall read as follows: Section 1. Any veteran qualifying for the homestead exemption provided for by an amendement to paragraph four of Section 1 of Article VII of the Constitution of Georgia, approved February 20, 1957 (Ga. L. 1957, p. 72), as ratified at the general election November 4, 1958, shall file with the county tax receiver or tax commissioner or other public official charged with the duty of receiving returns of property for taxation, a letter from the Veterans Administration stating that he is a disabled American veteran, that he is disabled by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injuries to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, as a result of service in any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise: Provided, that each veteran shall file only once in the county of his residence, and such exemption shall automatically be renewed from year to year. Section 2. This Act shall not become effective unless the constitutional amendment to Article VII, Section I, Paragraph IV of the Constitution, proposed at the 1964 Session of the General Assembly, relating to the extension of homestead exemptions for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting

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from multiple sclerosis, shall be ratified by the people at the General Election to be held in 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. BONDS OF DEPARTMENT HEADSLIABILITY. Code 89-816 Amended. No. 752 (House Bill No. 899). An Act to amend Code Chapter 89-8, relating to officers collecting, keeping and accounting for public monies, so as to provide that neither the principal nor the surety on the bond of the head of any State department or agency shall be liable for the failure of an employee of any such department or agency to account for any public money coming into the hands of such employee if such employee is bonded in an amount deemed adequate by the head of the department or agency and the State Auditor, and the bond complies with the provisions of said Chapter; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 89-8, relating to officers collecting, keeping and accounting for public monies, is hereby amended by adding a new paragraph at the end of Code section 89-816 to read as follows: Neither the principal nor the surety on the bond of the head of any State department or agency shall be liable for the failure of an employee of any such department or agency to account for any public money coming into the hands of such employee if such employee is bonded in an amount deemed adequate by the head of the department or agency

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and the State Auditor, and the bond complies with the provisions of this Chapter., so that when so amended, Code section 89-816 shall read as follows: 89-816. When principal and surety on bond not liable .Neither the principal nor the surety on any bond of any collecting officer or any officer to hold public funds shall be liable for the failure of such officer to account for any public money coming into his hands which he shall have deposited in any designated depository, or, if the proper authority shall have failed to designate a depository, in any bank selected by him, if it be deposited in the name of the public body to which it belongs, or in his own name in his official title, or with his official capacity disclosed or if the bank receiving the same shall otherwise have notice of the public nature of the deposit: Provided, that said failure to account is attributable solely to the failure or insolvency of such depository. Neither the principal nor the surety on the bond of the head of any State department or agency shall be liable for the failure of an employee of any such department or agency to account for any public money coming into the hands of such employee if such employee is bonded in an amount deemed adequate by the head of the department or agency and the State Auditor, and the bond complies with the provisions of this Chapter. Section 2. This Act shall become effective April 1, 1964, and the provisions thereof shall not be applicable to any transaction occurring prior thereto. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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PROCEDURE FOR SUMMONING GRAND JURORS. Code 59-206 Amended. No. 755 (House Bill No. 928). An Act to amend Code section 59-206, relating to the procedure for summoning grand jurors, so as to provide that grand jurors may be summoned by certified mail; to provide for a return receipt; to provide that failure to receive the notice personally shall be a defense to a contempt citation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-206, relating to the procedure for summoning grand jurors, is hereby amended by adding at the end thereof the following: Provided, however, the sheriff may, in his discretion, serve the persons whose names appear on the precept by sending the summons by certified United States mail, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Provided further, however, that the failure to receive the notice personally shall be a defense to a contempt citation., so that when so amended Code section 59-206 shall read as follows: 59-206. Summoning; Time and Manner .Within 30 days after the grand jurors shall have been drawn by a judge of the superior court, and within five days after they may have been drawn by the ordinary and commissioners, as provided in section 59-205, the clerk of the superior court shall issue and deliver to the sheriff, or his deputy, a precept containing the names of the persons drawn as grand jurors; and upon the receipt of the precept, the sheriff or his deputy shall cause the persons whose names are therein written to be served personally, or by leaving the summons at their most notorious places of residence, at least 10 days prior to the term of the court the jurors were drawn to attend.

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Provided, however, the sheriff may, in his discretion, serve the persons whose names appear on the precept by sending the summons by certified United States mail, return receipt requested, addressed to their most notorious places of abode at least 15 days prior to the term of the court the jurors were drawn to attend. Provided further, however, that the failure to receive the notice personally shall be a defense to a contempt citation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. GEORGIA PORTS AUTHORITY ACT AMENDED. No. 756 (House Bill No. 930). An Act to amend an Act known as the Georgia Ports Authority Act, approved March 9, 1945 (Ga. L. 1945, p. 464), as amended, so as to authorize the Governor on behalf of the State, to convey certain property to the Georgia Ports Authority; 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 Ports Authority Act, approved March, 1945, as amended, is hereby amended by adding a new section, to be known as section 7-A to read as follows: Section 7-A. The Governor is hereby authorized, on behalf of the State, to convey to the Georgia Ports Authority property located in Glynn County, Georgia, which said property has been deeded to the State of Georgia, for and in consideration of the sum of ten dollars and in further consideration of the benefits flowing to the State by virtue of the activities of said Georgia Ports Authority and the development by it of Port facilities at Brunswick, Glynn County, Georgia. The Authority shall have the same power

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and authority relative to such property as it has relative to any other property of the Authority. Tract 1. The property located in Glynn County is described as follows: Land conveyance authorized. All that certain tract, lot and parcel of land situate, lying and being in the City of Brunswick, in Glynn County, Georgia, identified and described as follows, to-wit: A rectangular parcel of land four hundred and five (405) feet by eleven hundred and forty-five (1145) feet in size lying within the corporate limits of said City of Brunswick and in the southern part of said City below what is called the Old Town, said parcel of land being described as beginning at a point on the extreme southwest corner of that lot of land identified on the plat of said City known as Baldwin's map of Brunswick, as Old Town Bay Lot No. Fifty (50); thence running eastwardly four hundred and five (405) feet to the extreme southeast corner of that other lot of land shown on said map as Old Town Lot No. One Hundred (100); thence southwardly at right angles from the preceding course eleven hundred forty-five (1145) feet; thence westwardly at right angles from the preceding course and parallel with the first described course four hundred and five (405) feet to a point on a southerly prolongation of the east line of Bay Street in said City; thence northwardly along said prolongation of the east line of Bay Street eleven hundred and forty-five (1145) feet to the point of beginning; containing ten and sixty-five one-hundredths (10.65) acres, more or less, and being shown outlined in yellow on the blue print attached to that certain deed, dated June 1, 1959, from the Atlantic Coast Line Railroad Company to the City of Brunswick and Glynn County, of record in the office of the Clerk of Superior Court of Glynn County, Georgia, in Deed Book 9-C, Folio 580-583, reference to said map and plat and the record thereof being hereby had for all purposes of description; subject, however, to the rights of way for streets or public utilities as may exist on or across said parcel of land; The property described above was conveyed to the State of Georgia by a deed dated the 22nd day of July, 1959,

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from the City of Brunswick, and the County of Glynn, by the Mayor of said city and the Chairman of the Board of Commissioners of Roads and Revenues of said county, respectively, which deed is on file among the official record of Glynn County, Georgia, and which conveyance was expressly authorized by appropriate resolutions of the Commissioners of the City of Brunswick, and the Commissioners of Roads and Revenues of Glynn County, which said resolutions recognized the Georgia Ports Authority as the Agency of the State of Georgia, which was then about to construct State Docks in Brunswick, Glynn County, Georgia, and which conveyance was for the purpose of aiding in the establishing, constructing, maintaining, and operating port and terminal facilities within said City and County. The Governor is hereby authorized to execute for and on behalf of the State, the necessary instruments relative to the conveyance of the aforesaid property to the Georgia Ports Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. RECIPROCAL INSURANCE DEFINED. Code 56-2101 Amended. No. 757 (House Bill No. 936). An Act to amend Code section 56-2101, defining Reciprocal insurance, so as to provide that reciprocal agreements or contracts of idemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employers under the Workman's Compensation Act of Georgia shall not be deemed reciprocal insurance; to repeal conflicting laws.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-2101, defining Reciprocal insurance, is hereby amended by adding the following: 52-2101Provided, however, that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employers under the Workman's Compensation Act of Georgia shall not be deemed reciprocal insurance as herein defined. so that when amended, Code section 56-2101 shall read as follows: 56-2101Reciprocal insurance defined Reciprocal insurance is that resulting from an interexchange among persons, known as subscribers, of reciprocal agreements of indemnity, the interexchange being effectuated through an attorney-in-fact common to all such persons; Provided, however, that reciprocal agreements or contracts of indemnity executed prior to March 8, 1960 creating funds for the purpose of satisfying the obligations of self-insured employers under the Workman's Compensation Act of Georgia shall not be deemed reciprocal insurance as herein defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. GEORGIA INDUSTRIAL LOAN ACT AMENDED. No. 758 (House Bill No. 949). An Act to amend an Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as amended, particularly by an Act approved March 8, 1957 (Ga. L. 1957, p. 331), an Act approved February 17, 1959 (Ga. L. 1959, p. 55), and an Act approved April 9, 1963 (Ga. L. 1963, p. 370), so as to provide

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for training programs and seminars; to change the fees for licenses; to provide for inactive licenses; to remove the provisions relating to an application fee; to prohibit the fee for certain new loans; to provide for the suspension or revocation of licenses for certain collection tactics; to provide that contracts purchased by licensees may not be converted into small loan contracts for a certain period of time, to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Industrial Loan Act, approved March 4, 1955 (Ga. L. 1955, p. 431), as amended, particularly by an Act approved March 8, 1957 (Ga. L. 1957, p. 331), an Act approved February 17, 1959 (Ga. L. 1959, p. 55), and an Act approved April 9, 1963 (Ga. L. 1963, p. 370), is hereby amended by adding a new subsection to section 6 to be known as subsection (b) to read as follows: (b) The Commissioner is hereby authorized to provide for training programs and seminars at such places, at such times, and in such manner as he shall deem advisable. Such programs and seminars shall be for the purpose of acquainting licensees and employees thereof with the provisions of this Act, with the rules and regulations promulgated thereunder, and with such other matters relative to the business authorized to be carried on by a licensee under the provisions of this Act as the Commissioner shall deem necessary. Training programs, etc. Section 2. Said Act is further amended by striking from section 7 the figures $200.00 and $100.00, and inserting in lieu thereof the figures $300.00 and $150.00, respectively, so that when so amended Section 7 shall read as follows: Section 7. Application; fees, existing businesses . All persons engaged in the business of making loans of $2,500.00 or less in the State of Georgia, unless expressly exempted therefrom, shall be required to obtain a license under this

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Act. Application for license shall be made to the Commissioner in writing, under oath, on forms prescribed by the Commissioner and shall give the location from which the business is to be conducted and shall give the names of the persons connected with the business together with any other information required by the Commissioner. Except as hereinafter provided the application shall be accompanied by a fee of $50.00 to cover cost of investigation of applicant, and by a license fee of $300.00. Said license shall expire on the last day of the calendar year in which granted, subject to renewal pursuant to Section 9 of this Act; provided, however, the license fee on all licenses issued on or after July 1st shall be the sum of $150.00; provided, further, that all persons required to obtain a license under this Act who are on the date of approval of this Act, lawfully authorized and bona fide engaged in making loans of $2,500.00 or less in the State of Georgia shall be entitled to a license hereunder upon the filing of an application as herein provided and the payment of the license fee as herein set out and such person shall also be required to pay the $50.00 investigation fee. The Commissioner shall collect fees and cost as provided in this Act, and shall issue his receipt for all sums collected by him, and periodically, not less than once in each quarter of each year, at such times as may be convenient, shall pay into the State Treasurer all sums collected by him. Section 3. Said Act is further amended by adding a new section to be known as section 7A to read as follows: Section 7A. In the event a licensee does not begin the operation of business under such license within a period of 120 days from the date of the issuance of such license, or in the event a licensee, after having begun the operation of business under the license, remains inactive in such business for a period of 120 days, such license shall be subject to suspension or revocation by the Commissioner after notice and hearing under the procedure provided hereinafter for the revocation or suspension of licenses. Any order or decision of the Commissioner on such matter shall be subject to review as provided hereinafter. Suspension of licenses.

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Section 4. Said Act is further amended by striking from section 9 the figure $200.00 and inserting in lieu thereof the figure $300.00, so that when so amended section 9 shall read as follows: Section 9. Place of business; continuing license; annual fee . No more than one place of business shall be maintained under the same license, but the Commissioner may issue more than one license to the same licensee. Each such license issued shall be conspicuously displayed in the place of business for which granted and shall remain in full force and effect until surrendered, revoked or suspended, as provided by this Act. Every licensee shall, on or before the twentieth (20th) of each December, pay to the Commissioner the sum of $300.00 for each license held by him as an annual license fee for the succeeding calendar year. If a licensee wishes to move his office within the county, he shall give the Commissioner written notice thereof which notice shall specify the address or location to which licensee desires to move and shall also set out, in such form as the Commissioner may require, facts and circumstances which it is contended will show that the removal to the new location will promote the convenience and advantage of that community. Thereafter the Commissioner shall handle this request in the same manner in which he handles a new application under Section 8 of this Act insofar as that section is applicable. Section 5. Said Act is further amended by striking from subsection (b) of section 15 the words and figure for making the loan in an amount not greater than $1.00 plus, and inserting in lieu thereof the words in an amount not greater than, and by adding at the end of said subsection (b) the following: If a borrower prepays his entire loan to a licensee and within the following 15 days makes a new loan with that licensee, (and if this is done within the 6 months period or the 2 months period above described, as may be applicable), the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15-day period., so that when so amended subsection (b) shall read as follows:

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(b) In addition thereto, charge, contract for, receive or collect at the time the loan is made, a fee in an amount not greater than 8 percent of the first $600.00 of the face amount of the contract, plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan, or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding 6 months period; provided, however, if the loan balance is $100.00 or less, the said period shall be 2 months, not 6 months; provided, further, that nothing contained in subsections 15(a) and 15(b) shall be construed to permit charges, interest or fees of any nature whatsoever in the aggregate in excess of the charges, interest and fees which would constitute a violation of section 57-117 of the Code of Georgia of 1933 and the repeals hereinafter set forth in this Act shall in no wise affect section 57-117 and section 57-9901 of the Code of Georgia of 1933. If a borrower prepays his entire loan to a licensee and within the following 15 days make a new loan with that licensee, (and if this is done within the 6 months period or the 2 months period above described, as may be applicable), the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15-day period. Fees. Section 6. Said Act is further amended by adding a new section to be known as section 15A to read as follows: Section 15A. Any license shall be subject to suspension or revocation, after notice and hearing as provided for hereinbefore, in the event unreasonable collection tactics shall be wilfully used by the licensee or any employee or agent thereof. Unreasonable collection tactics shall include, but not be limited to, any conduct by the licensee or any employee or agent thereof which: Suspension of licenses. (a) Causes the borrower or any member of his family to suffer bodily injury or physical harm; or (b) Constitutes a wilful or intentional trespass by

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force of the borrower's home or his personal property, without process of law; or (c) Holds up the borrower to public ridicule or unreasonably degrades him in the presence of his neighbors or business associates; or (d) Involves use of printed material which simulates or resembles a summons, warrant or other legal process; or (e) Although otherwise lawful, occur at an unreasonable hour of the night. Attempts to make collections by means of personal visits, telephone calls and the like shall be deemed to occur at an unreasonable hour of the night if they occur between the hours of 10:00 o'clock p.m. and 5:00 o'clock a.m. Any order or decision of the Commissioner on the matter of suspension or revocation shall be subject to review as provided for hereinbefore. Section 7. Said Act is further amended by adding a new section to be known as section 16A to read as follows: Section 16A. No loan shall be made by any licensee for the purpose of paying all or any part of the amount owed on any note, bill of sale to secure debt, title retention contract, conditional sales contract, or any other similar contract which has been purchased by or assigned or transferred to such licensee for a period of at least 90 days from the date of such purchase or transfer. Loans. Section 8. This Act shall become effective July 1, 1964. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED. No. 759 (House Bill No. 963). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 303), an Act approved April 5, 1961 (Ga. L. 1961, p. 438), and an Act approved February 18, 1963 (Ga. L. 1963, p. 26), so as to change the maximum speed limit of trucks, and truck-tractors and trailers, where the total gross combined weight is less than 10,000 pounds; to change the maximum speed limit of trucks, and track-tractors and trailers on certain highways; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by by an Act approved March 17, 1959 (Ga. L. 1959, p. 303), an Act approved April 5, 1961 (Ga. L. 1961, p. 438), and an Act approved February 18, 1963 (Ga. L. 1963, p. 26), is hereby amended by striking from the third line of sub-paragraph 4. of subsection (b) of section 48, found in Article V, the numbers 55, and inserting in lieu thereof the numbers 60, so that when so amended, subparagraph 4. shall read as follows: 4. Where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is less than 10,000 pounds the maximum speed shall not exceed 60 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load in pounds is between 10,000 and 16,000 pounds the maximum speed shall not exceed 50 miles per hour; where the total gross combined weight of trucks or truck-tractors and trailers and load exceeds 16,000 pounds, the maximum speed shall not exceed 45 miles per hour. This subparagraph shall not apply to busses: Provided that no school bus while

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transporting school children shall exceed a speed of 40 miles per hour: Provided, however, that busses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such busses are operated. Truck speed limits. Section 2. Said Act is further amended by striking subparagraph 5. of subsection (b) of section 48, found in Article V, in its entirety and inserting in lieu thereof a new subparagraph 5. to read as follows: 5. On all highways which comprise a part of the National System of Interstate and Defense Highways, and having not less than four traffic lanes and on all other highways having not less than four traffic lanes, the maximum speed for trucks or truck-tractors and trailers, regardless of weight, shall not exceed 60 miles per hour. This subparagraph shall not apply to buses. Provided that no school bus while transporting school children shall exceed a speed of 40 miles per hour. Provided, however, that buses owned or operated by a street railroad or other company engaged in the operation of an urban transit system which are used for the transportation of school children may be operated at speeds in excess of 40 miles per hour provided such speeds are within the maximum speed limits of the municipalities in which such buses are operated. Same, school buses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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AGRICULTURAL PRODUCTS, ETC. DEFINED. No. 760 (House Bill No. 984). An Act to define the terms agricultural products, agricultural commodities, and farm products, as used in the laws of this State except as otherwise specifically defined by law; to provide that this definition shall apply to refunds under the Motor Fuel Tax Law (Ga. L. 1937, p. 167, et seq.), as amended; to provide that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. L. 1951, p. 360, et. seq.), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Except as otherwise specifically defined by law, the terms agricultural products, agricultural commodities and farm products, as used in the laws of this State shall include field grown horticultural products, both ornamental and floricultural, and turf grasses; provided, that this definition shall apply to refunds under the Motor Fuel Tax Law (Ga. L. 1937, p. 167, et. seq.), as amended; provided further, that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. L. 1951, p. 360, et seq.), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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MOTOR COMMON CARRIERSTOW TRUCKS, ETC. Code 68-602 Amended. No. 763 (House Bill No. 1000) An Act to amend section 68-602 of the Code of Georgia of 1933, as amended, exempting certain motor vehicles from the provisions of Chapter 68-6 of the Code of Georgia of 1933, as amended, concerning the regulation of motor common carriers, so as to provide that the provisions of the said Chapter 68-6, shall not apply to motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 68-602 of the Code of Georgia of 1933, as amended, exempting certain motor vehicles from the provisions of Chapter 68-6 of the Code of Georgia of 1933, as amended, concerning the regulation of motor common carriers, is hereby further amended by adding at the end of the said section 68-602 a new paragraph to be lettered (d) and to read as follows: (d) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled and wrecked vehicles or otherwise rendering assistance to abandoned, disabled and wrecked vehicles. Exemptions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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MOTOR CARRIERSTOW TRUCKS, ETC. Code 68-502 Amended. No. 764 (House Bill No. 1001). An Act to amend section 68-502 of the Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5 of the Code of Georgia of 1933, as amended, concerning the regulation of motor carriers, so as to provide that the term motor carrier, as defined in the said section 68-502, shall not include motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled and wrecked vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 68-502 of the Code of Georgia of 1933, as amended, defining certain terms used in Chapter 68-5 of the Code of Georgia of 1933, as amended, concerning the regulation of motor carriers, is hereby further amended by adding at the end of paragraph (c) a new subparagraph to be numbered (9) and to read as follows: (9) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled and wrecked vehicles or otherwise rendering assistance to abandoned, disabled and wrecked vehicles. Exemption. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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NON-RESIDENTS MOTORIST ACT AMENDED. No. 765 (House Bill No. 1003). An Act to amend an Act providing for the method of serving non-resident motorists involved in any accident in the State of Georgia, approved March 30, 1937 (Ga. L. 1937, p. 732), as amended, by an Act approved March 27, 1947 (Ga. L. 1947, p. 305), an Act approved March 9, 1955 (Ga. L. 1955, p. 650), an Act approved February 18, 1957 (Ga. L. 1957, p. 65), an Act approved March 13, 1957 (Ga. L. 1957, p. 649), and an Act approved March 5, 1959 (Ga. L. 1959, p. 113), so as to provide that this statute shall apply to causes of action arising out of accidents occurring anywhere within the territorial limits 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 the method of serving non-resident motorists involved in any accident in the State of Georgia, approved March 30, 1937 (Ga. L. 1937, p. 732), as amended, by an Act approved March 27, 1947 (Ga. L. 1947, p. 305), an Act approved March 9, 1955 (Ga. L. 1955, p. 650), an Act approved February 18, 1957 (Ga. L. 1957, p. 65), an Act approved March 13, 1957 (Ga. L. 1957, p. 649), and an Act approved March 5, 1959 (Ga. L. 1959, p. 113), 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. That the acceptance by any non-resident of this State, whether a person, firm or corporation, of the rights and privileges conferred by the laws now or hereafter enforced in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by any such non-resident anywhere within the territorial limits of this State, shall be deemed equivalent to the appointment by such non-resident of the Secretary of the State of Georgia, or his successor in office, to be his true and lawful attorney in fact upon whom may be served all summons or other lawful processes in any action

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or proceeding against any such non-resident, growing out of any accident or collision in which any such non-resident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle anywhere within the territorial limits of the State of Georgia, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served upon him personally. When applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. ASSISTANT COUNTY ADMINISTRATORS IN CERTAIN COUNTIES. Code 1131301 Amended. No. 776 (House Bill No. 1040). An Act to amend Code section 113-1301, relating to county administrators, so as to provide for the appointment of assistant county administrators in counties of this State having a population of 550,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census; to provide for applicability of laws relating to county guardians; to prescribe 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 113-1301, relating to county administrators, is hereby amended by adding at the end thereof the following: In all counties of this State having a population of 550,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, the

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ordinary is hereby authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant county administrators who shall have the same powers, duties and authority and be subject to the same laws, including Code Chapter 49-5, relating to county guardians, as the county administrator. When applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. PRACTICE AND PROCEDURESERVICE OF PROCESS UPON MINORS FOURTEEN YEARS OF AGE OR OLDER. Code 81-212.1 Enacted. No. 777 (House Bill No. 1045). An Act to amend Code Chapter 81-2 of the Code of Georgia relating to the mode of service of process, as amended, so as to provide a means of service upon minors, fourteen years of age or older, who are legal residents of the county where the legal proceeding concerning such service is sought but who are temporarily sojourning or living outside the State of Georgia; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 81-2 of the Code of Georgia relating to the mode of service of process, as amended, is hereby amended by adding between Code sections 81-212 and 81-213 a new Code section to be known as Code section 81-212.1, to read as follows: 81-212.1. Anything to the contrary notwithstanding in all instances where a minor, fourteen years of age or

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older, is a legal resident of the county wherein the legal proceeding concerning such service is sought to be made but is temporarily residing or sojourning outside the State of Georgia or outside the United States, service may be perfected upon such minor by registered or certified United States mail with return receipt attached. Procedures. When service is to be perfected by registered or certified mail, as provided for above, the clerk or the judge of the court in which the matter is proceeding shall enclose a copy of the petition, order, or other document sought to be served on said minor in an envelope addressed to said minor at his last known address, and shall mail the same forthwith with postage prepaid, noting on the records of the court the date and hour of mailing. When a receipt therefor is returned or if the sealed envelope in which said notice was mailed to the minor is returned to the sender by the appropriate postal authorities marked Refused, giving the date of refusal, and such notation of refusal is signed or initialed by a postal employee or mail carrier to whom such refusal was made, then the clerk or judge shall attach the same to the original papers in said case or shall otherwise file it as a part of the records in the case, and it shall be prima facie evidence of service on such minor. When service upon a minor is perfected as hereinabove set forth such minor shall have sixty days from the date of receipt of such registered letter or the refusal thereof as shown on said receipt of refusal in which to file such defensive pleadings as may be necessary. No judgment or decree shall be rendered in said proceeding which shall adversely affect the interest of such minor until said sixty-day period shall have elapsed, unless such judgment or decree is expressly agreed or consented to by the duly appointed guardian ad litem of said minor as being in the best interest of said minor and unless the sixty-day period provided for herein has been expressly waived by said guardian ad litem. Each process issued in such cases shall be conformed to the sixty-day provision herein set forth. When the return of service, provided for herein, is made to the proper court and an order taken to appoint for said

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minor a guardian ad litem, and such guardian ad litem agrees to serve in writing, all of which shall be shown in the proceedings of the court, said minor shall be considered a party to said proceedings. In cases concerning minors, fourteen years of age or older, who are temporarily sojourning or living outside the State of Georgia or the United States, and where such minor has a statutory or testamentary guardian or trustee representing the interest of such minor to be affected by a legal proceeding, service as usual on said guardian or trustee shall be sufficient to bind said minor's interest in his control to be affected by said proceedings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. SUPERIOR COURT JUDGESFEDERAL SOCIAL SECURITY. No. 780 (House Bill No. 1056). An Act to amend the Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, relating to the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended, so as to make provision for the coverage of certain members of the Superior Court Judges Retirement Fund who are not covered thereunder to the extent that coverage may still be permitted them under Federal law: to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, relating to the

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coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Security Act, as amended, is hereby amended by adding a new subsection to Section 3, immediately following Subsection (d), to be known as subsection (e), to read as follows: (e) As to the Superior Court Judges Retirement Fund of Georgia, which is a retirement fund divided pursuant to subsection 218 (d) (b) (c) of the Social Security Act, the position of any member of the division or part who do not desire coverage may be transferred to the separate retirement fund composed of positions of members who do desire coverage upon such terms and conditions and at such time as permitted by the Federal law. In the event of such transfer the employee contributions of such member required for Social Security coverage shall be deducted by the State Treasurer and remitted to the State Agency together with the required employer contributions, and the State Treasurer is hereby authorized and directed to pay from funds appropriated or otherwise available for the operation of the Superior Courts of the State of Georgia the required employer contributions on any such transferred member. Section 2. All laws and parts of law in conflict with this Act are hereby repealed. Approved March 10, 1964. STATE BOARD OF EDUCATIONAUTHORITY TO WITHHOLD FUNDS. No. 781 (House Bill No. 1039). An Act to amend an Act making provisions for coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, so as to make the provisions applicable

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to incorporated towns or incorporated cities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making provisions for coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance provisions of Title II of the Federal Social Security Act, approved December 21, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, is hereby amended by striking subsection (e) of section 4 in its entirety and inserting in lieu thereof a new subsection (e) of section 4 to read as follows: (e) Should any County Board of Education, Independent Board of Education, Area Board of Education, Incorporated Town or Incorporated City, who has entered into a plan of coverage for their employees with the State Agency as provided for in this section fail to make collection from their employees and to make reports and payments agreed to in their plan of coverage, it shall be the duty of the State Agency to notify the State Board of Education of such failure and thereupon it shall be the duty of the State Board of Education to withhold from such County Board of Education, Independent Board of Education, Area Board of Education, Incorporated Town or Incorporated City failing to make the reports and payments, all appropriations allotted to such Board of Education, Town or City, until such Board of Education, Town or City has fully complied with the provisions agreed to in its plan of coverage entered into with the State Agency, and it shall be illegal for the State Board of Education or Department of Education to pay out or release such funds, unless the provisions of this section are complied with. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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INSURANCELOSS CAUSED BY UNINSURED MOTORIST. Code 56-407A Amended. No. 782 (House Bill No. 1061). An Act to amend Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to repeal subsections (a), (b), (c), (j), (k), (l), (m), (n), and (o) which provide for motor vehicle liability insurance requirements not related to uninsured motor vehicle coverage; to provide minimum limits for uninsured motor vehicle coverage; to further define the term uninsured motor vehicle; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, is hereby amended by striking Code section 56-407A in its entirety and substituting in lieu thereof a new Code section 56-407A which shall read as follows: 56-407A. (a) . No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this State to the owner of such vehicle, or shall be issued or delivered by any insurer licensed in this State, upon any motor vehicle then principally garaged or principally used in this State, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which shall be no less than ten thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, twenty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and five thousand dollars because of injury to or destruction of property of the insured, provided that the coverage for injury to or destruction of property of the insured may provide an

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exclusion of not more than the first two-hundred fifty dollars of such loss or damage to any insured in any one accident. Provided, however, that the coverage required under this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further that, unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer. Coverage, etc. (b) . As used in this section, the term `bodily injury' shall include death resulting therefrom; the term `property of the insured' as used in subsection (a) hereof means the insured motor vehicle and includes the personal property owned by the insured and contained therein; the term `insured' means the named insured and, while resident of the same household, the spouse of any such named insured, and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representatives of any of the above; and the term `uninsured motor vehicle' means a motor vehicle, other than a motor vehicle owned by or furnished for the regular use of the named insured, the spouse of any such named insured, and while residents of the same household, the relatives of either, as to which there is (i) no bodily injury liability insurance and property damage liability insurance or as to which there is bodily injury liability insurance and property damage liability insurance with limits less than the amounts specified in subsection (a) of this section, but it will be considered uninsured only for that amount between the limit carried and the limit required in subsection (a) of this section, or (ii) there is such insurance in existence but the insurance company writing the same has legally denied coverage thereunder, or is unable because of being insolvent at the time of, or becoming insolvent during the twelve months following the accident, to make payment with respect to the legal liability of its insured within the limits specified in subsection (a) of this section, or (iii)

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there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance. A motor vehicle shall be deemed to be uninsured if the owner or operator thereof be unknown; provided, that recovery under the endorsement or provisions shall be subject to the conditions hereinafter set forth; provided, that, in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured. Definitions, etc. (c). If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured be unknown, the insured, or someone on his behalf, or in the event of a death claim, someone on behalf of the party having such claim, in order for the insured to recover under the endorsement, shall report the accident as required by Georgia Law 1951, page 565, as amended by Georgia Laws 1956, page 543. Reports. (d). If the owner or operator of any vehicle causing injury or damages be unknown, an action may be instituted against the unknown defendant as `John Doe', and service of process may be made by delivery of a copy of the motion for judgment, or other pleadings, to the clerk of the court in which the action is brought, and service upon the insurance company issuing the policy shall be made as prescribed by law as though such insurance company were a party defendant. The insurance company shall have the right to file pleadings and take other action allowable by law, in the name of John Doe. Provided, however, that in cases where the owner of the vehicle causing the injury or damages is known, a copy of service shall be made upon the insurance company issuing the policy as prescribed by law as though such insurance company were a party defendant. Procedure. (e). An insurer paying a claim under the endorsement or provisions required by subsection (a) of this section shall be subrogated to the rights of the insured to whom such claim was paid against the person causing such injury, death

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or damage to the extent that payment was made; including the proceeds recoverable from the assets of the insolvent insurer; provided, that the bringing of an action against the unknown owner or operator as John Doe, or the conclusion of such an action, shall not constitute a bar to the insured, if the identity of the owner or operator who caused the injury or damages complained of becomes known, bringing an action against the owner or operator theretofore proceeded against as John Doe; provided, that any recovery against such owner or operator shall be paid to the insurance company to the extent that such insurance company paid the named insured in the action brought against such owner or operator as John Doe, except that such insurance company shall pay its proportionate part of any reasonable costs and expense incurred in connection therewith, including reasonable attorneys' fees. Nothing in an endorsement or provisions made under this section nor any other provision of law shall operate to prevent the joining in an action against John Doe of the owner or operator of the motor vehicle causing such injury as a party defendant, and such joinder is hereby specifically authorized. Subrogation. (f). No such endorsement or provisions shall contain a provision requiring arbitration of any claim arising under any such endorsement or provisions, nor may anything be required of the insured, subject to the other provisions of the policy or contract, except the establishment of legal liability, nor shall the insured be restricted or prevented, in any manner, from employing legal counsel or instituting legal proceedings. Restrictions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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SHERIFFS PLACED ON SALARY BASIS MARCH 1, 1966. No. 783 (House Bill No. 1062). An Act to abolish the fee system of compensating sheriffs; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Upon the effective date of this Act, the fee system of compensating the sheriffs of the various counties in this state, or the fee system supplemented by a salary, is abolished and thereafter no sheriff shall receive as any portion of his compensation for his services as such any fees, fines, forfeitures, costs, commissions, emoluments or perquisites of any nature whatsoever. After the effective date of this Act the sheriff shall receive no compensation except that compensation which shall be in the nature of an annual salary to be fixed by law. Section 2. The effective date of this Act shall be March 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. UNIVERSITY SYSTEM BUILDING AUTHORITY ACT AMENDEDBONDS. No. 784 (House Bill No. 1063). 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), and an Act approved February 12, 1962 (Ga. L. 1962, p. 37), so

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as to remove the prohibition relative to the issuance of bonds based on the percentage of income available to the Board of Regents; to repeal conflicting laws; and for other purposes. 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), and an Act approved February 12, 1962 (Ga. L. 1962, p. 37), is hereby amended by striking from section 5 the following: 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 leases 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.,

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so that when 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. Bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. MOTOR FUEL TAX LAW AMENDED. Code 92-1403 Amended. No. 785 (House Bill No. 1064). An Act to amend an Act known as the Motor-Fuel Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), that re-enacted a new Code Chapter 92-14 and particularly a new Code Section 92-1403, as amended, so as to authorize a refund of all State taxes, except one cent per gallon on

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all gasoline for watercraft which contains fuel storage capacities in excess of 50 gallons when such gasoline is purchased at any facility located upon any part of what is commonly known as the intercoastal waterway; 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-Fuel Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), that re-enacted a new Code Chapter 92-14 and particularly a new Code section 92-1403, as amended, is hereby amended by adding a new subsection to Code section 92-1403 to be known as subsection (J) to read as follows: (J) Motor Fuel for watercraft .Any person who shall purchase gasoline in quantities of 25 gallons or more at any one time and place in the supply tank of a watercraft which contains a gasoline storage capacity in excess of 50 gallons from any facility located upon any part of what is commonly known as the intercoastal waterway for the use of operating said watercraft upon navigable waters, no part of which is used for any purpose other than propelling the watercraft in which the gasoline was placed when purchased, shall be entitled to a refund of all the State tax on such gasoline except one cent per gallon, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsectio shall not be assignable and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in the subsection. (1) Provided, however, that no person shall be entitled to a refund under this subsection unless such person is the holder of an unrevoked vendee's refund permit to be issued to such persons by the Commissioner of Revenue upon application as hereinafter provided. The application for such permit shall be in such form as the State Revenue Commissioner may prescribe, shall be sworn to, and shall set forth such information as the Commissioner may require, to enable

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him to determine the right of the applicant to obtain refunds under this subsection. This application shall contain a complete list with detailed description of all watercraft, machinery, and/or equipment owned by said applicant in which gasoline is used or is to be used. The application shall be signed by the applicant and duly verified. Permits so issued shall be numbered and each application for refund made under this section shall contain applicant's permit number. (a) If the Commissioner, after such investigation as he deems necessary shall be satisfied that the application for a vendee's refund permit has been made in good faith and that applicant has complied with the requirements of this subsection, the Commissioner shall issue a vendee's refund permit to the applicant, privileging him to make application, in accordance with the requirements of this subsection, for refund of a portion of the tax as herein provided. Whenever there is any change in the facts stated in the application for such permit, the holder of such permit shall promptly notify the Commissioner of such change and the Commissioner may thereupon issue to the holder an amended permit, or suspend or revoke such permit, if in the judgment of the Commissioner the facts constitute just cause therefor. The Commissioner shall keep a permanent record of all permits issued and a cumulative record of the amount of refund claimed and paid to each claimant. (2) Any person who is the holder of an unrevoked refund permit shall be entitled to a refund of the tax with respect to any gasoline under the provisions of this subsection and shall be reimbursed to the extent of the amount of the tax paid except one cent per gallon on such gasoline in the following manner and subject to the following conditions: (a) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of 25 gallons or more at any one time and placed in the supply tank of watercraft containing a storage capacity in excess of 50 gallons and listed by the vendee in his application for permit, or a sworn supplement thereto, such purchases having been made from a

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facility located upon any part of what is commonly known as the intercoastal waterway for the use of operating said watercraft upon navigable waters. (b) All applications for refund must be filed with the State Revenue Commissioner within six months from the date of purchase of the gasoline with respect to which refund is claimed. (c) Such applications shall be in such form as shall be prescribed by the Commissioner, shall be sworn to, and shall state the total quantity of gasoline purchased by the applicant and placed in the watercraft during the period for which refund claim is made, the date of each purchase and from whom purchased. Such application shall be accompanied by the invoices showing such purchase. (d) Such application shall contain a sworn statement signed by the applicant that no part of the gasoline upon which he applies for refund was sold by the applicant or permitted by the applicant to be sold and that no part was used or permitted to be used for any purpose other than propelling the watercraft in which the gasoline was placed when purchased. (f) If, in the opinion of the Commissioner, any application for refund filed by an applicant shall contain a false statement, or if the applicant is indebted to the State because of any tax refund which has been erroneously paid to him, the Commissioner shall decline to approve the claim for refund until said applicant has complied with the law and removed the delinquency, whereupon said applicant shall be paid his claim for refund of gasoline taxes as prescribed in this subsection if the Commissioner finds that he is justly entitled thereto. (3) The above conditions having been fully complied with, the Commissioner shall determine the amount of the refund due on such application, and shall certify such amount to the State Auditor. The State Auditor shall there-upon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund,

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and the Treasurer of the State shall thereupon make payment of same to such applicant. (4) Any person who shall falsely swear to a refund application, information statement, or any sworn statement made in connection with the procurement of refund of gasoline tax, knowing that any statement contained therein is false, or any person who shall claim refund for tax paid on gasoline used for the purpose of generating power for propulsion of motor vehicles on the public highways shall be subject to the penalties provided in Section 92-9905, subsection (B), paragraph (2) of this Act. (5) The Commissioner shall make such rules and regulations, not inconsistent with the provisions of this subsection as are necessary and proper for the enforcement of this subsection. Such rules and regulations, shall have the force of law and shall be observed by all users seeking the benefits of this subsection. (6) In the event the Commissioner concludes that any user has wilfully violated the terms of this subsection, or wilfully failed to observe any of the rules and regulations adopted by the Commissioner for the administration of this subsection, the Commissioner may in his discretion suspend the right of such person to participate in the benefits of this subsection for a term of not more than one year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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CORPORATIONSFILING OF CHARTER WITH SECRETARY OF STATE. No. 786 (House Bill No. 1068). 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, pp. 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. 1938, p. 214), an Act approved March 28, 1947 (Ga. L. 1947, p. 1544), an Act approved February 23, 1949 (Ga. L. 1949, p. 950), an Act approved February 16, 1950 (Ga. L. 1950, p. 290), an Act approved February 15, 1952 (Ga. L. 1952, p. 198), an Act approved February 23, 1955 (Ga. L. 1955, p. 259), an Act approved March 17, 1960 (Ga. L. 1960, p. 1111), an Act approved March 3, 1962 (Ga. L. 1962, p. 516), and an Act approved April 12, 1963 (Ga. L. 1963, p. 524), so as to provide that the Secretary of State shall accept for file and record only those documents suitable for reproduction; 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, pp. 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. 1938, p. 214), an Act approved March 28, 1947 (Ga. L. 1947, p. 1544), an Act approved February 23, 1949 (Ga. L. 1949, p. 950), an Act approved February 16, 1950 (Ga. L. 1950, p. 290), an Act approved February 15, 1952 (Ga. L. 1952, p. 198), an Act approved February 23, 1955 (Ga. L. 1955, p. 259), an Act approved March 17, 1960 (Ga. L. 1960, p. 1111),

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an Act approved March 3, 1962 (Ga. L. 1962, p. 516), and an Act approved April 12, 1963 (Ga. L. 1963, p. 524), is hereby amended by inserting between the word State and the word and in the first paragraph of section 5 the following: who shall accept for file and record only those documents suitable for reproduction, Documents to be filed. so that when so amended section 5 shall read as follows: Section 5. Upon receiving the two certified copies of said application for charter and order of the judge thereon, the applicants or their attorney shall present the same to the Secretary of State, Ex-Officio Corporation Commissioner of the State, who shall accept for file and record only those documents suitable for reproduction, and shall concurrently therewith pay to the Secretary of State for the use of the State the following fee: Ten (10) cents per $1,000.00 of par value of stock authorized, with minimum fee of five ($5.00) dollars; and for this purpose stock without par value shall be counted as if it had par value of one hundred ($100.00) dollars per share. The Secretary of State shall thereupon attach to one of the certified copies of the charter, as granted by the superior court, a certificate in substantially the following form: State of Georgia Office of The Secretary of State Ex-Officio Corporation Commissioner This is to certify that(the name of the corporation) has been duly incorporated under the laws of the State of Georgia, on theday of, 19, for a period ofyears from said date, in accordance with the certified copy hereto attached, and that a certified copy of the charter of said corporation has duly been filed in the office of the Secretary of State and the fees therefor paid, as provided by law.

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Witness my hand and official seal, thisday of, 19 Such certified copy of the charter, together with the certificate of the Secretary of State thereon, shall be received as evidence in any court or proceeding as evidence of the incorporation of the corporation and of the nature and contents of its charter. The Secretary of State at any time, upon the request of the corporation or its officers or of any other person, shall make and certify additional copies of the charter, order, filing of the clerk, and certificate of the Secretary of State, upon payment to him of a fee of one ($1.00) dollar plus ten (10) cents per 100 words for copying, and such certified copies shall be likewise admitted in evidence with like force and effect. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. RECREATIONAL SYSTEMS. No. 788 (House Bill No. 1071). An Act to amend an Act entitled An Act empowering cities, towns, and counties, separately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties., approved February 1, 1946 (Ga. L. 1946, p. 152), as amended by an Act approved February 10, 1953 (Ga. L. 1953, Jan.-

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Feb. Sess., p. 30), and an Act approved April 12, 1963 (Ga. L. 1963, p. 553), so as to provide that any two (2) or more counties, or any two (2) or more municipalities, or any county and municipality, or any county or municipality, or combination thereof, may jointly provide, establish, maintain and conduct a recreational system and acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act empowering cities, towns, and counties, separately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties., approved February 1, 1946 (Ga. L. 1946, p. 152), as amended by an Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 30), and an Act approved April 12, 1963 (Ga. L. 1963, p. 553), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. That any two (2) or more counties, or any two (2) or more municipalities, or any county and municipality, or any county or municipality, or combination thereof, may jointly provide, establish, maintain, and conduct a recreation system and acquire property for and establish and maintain playgrounds, recreation centers, parks, and other recreational facilities and activities. Any school board may join with any municipality or any other school board in conducting and maintaining a recreation system. Joint systems. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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GRIFFIN JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 792 (House Bill No. 1080). An Act to amend an Act approved August 17, 1923, (Ga. L. 1923, pp. 68, 69, 70, 71 and 72) entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296), so as to fix the compensation of the solicitor-general of the Griffin Judicial Circuit, by fixing the salary of the solicitor-general of the Griffin Judicial Circuit at a certain amount per annum, to wit: seven thousand six hundred and 20/100 ($7,600.20) dollars per annum; by providing the manner in which the said salary is to be paid; to provide when this Act is to take effect; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 17, 1923, (Ga. L. 1923, pp. 68, 69, 70, 71 and 72) entitled, An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be composed of the counties of Spalding, Pike, Upson, and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1296) is hereby amended by striking section six (6), of said Act, as amended, in its entirety and inserting in lieu thereof, a new section to be known as section six (6), so that section six (6) shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the solicitor-general of the said Griffin Judicial Circuit selected and commissioned as provided in section

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four (4) of said Act and his successors in office, shall have as such solicitor-general all the powers and jurisdiction and perform all the duties as other solicitor-generals of this State; and Be it further enacted by the authority aforesaid that the compensation of the solicitor-general of the Griffin Judicial circuit shall be seven thousand six hundred and 20/100 ($7,600.20) dollars per year in addition to the constitutional salary of two hundred fifty ($250.00) Dollars per year provided for in the Constitution and paid by the State of Georgia; and in addition to any expense allowance provided for by law and paid to the solicitor-generals of the State of Georgia by said State, the said compensation and salary of seven thousand six hundred and 20/100 ($7,600.20) dollars to be paid monthly by the several counties composing the Griffin Judicial Circuit in proportion to and prorated according to the populations of said counties as shown by the United States census of 1960 out of the general treasuries of the various counties composing said Circuit in the following proportions and amounts according to population, as shown by 1960 census, to wit: Spalding County shall pay the sum of two hundred ninety seven and sixty-seven hundredths ($297.67) dollars per month; Pike County shall pay the sum of sixty three and thirty-four hundredths ($63.34) dollars per month; Upson County shall pay the sum of two hundred two and sixty-seven hundredths ($202.67) dollars per month; and Fayette County shall pay the sum of sixty nine and sixty-seven hundredths ($69.67) dollars per month. And it is hereby made the duty of the ordinary, or county commissioners, having control of county affairs, to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary assessed against each of said counties, and to pay the same as in this act provided; and the said salary of said solicitor-general is hereby made and declared to be a part of the expenses of courts, and the power to levy a tax to provide funds to pay the same is hereby delegated to said county authorities. All fees, costs and other compensation (except as herein

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provided above) of the solicitor-general, shall be collected by him and shall be by him paid into the county treasurer of the county in which the same was collected, and shall become a part of the general funds of said counties; provided that said funds may be used by the county authorities to pay the salary of the solicitor-general, and further, that the payment of such salary may be enforced by the judge of the superior court of said circuit out of said fees, costs, and funds, if the county is delinquent in the payment of the same. Section 2. This Act shall become effective on the date it is approved by the Governor of the State of Georgia. Section 3. Be it further enacted that nothing contained in this Act shall be construed as changing or intending to change the constitutional salary of two hundred fifty ($250.00) dollars per year which is paid by the State of Georgia, and nothing in this Act shall be construed as changing or intending to change the contingent expense allowance allowed solicitor-generals, which is paid by the State of Georgia. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, County of Spalding: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Quimby Melton, who after being duly sworn deposes and says: That he is publisher of the Griffin Daily News, said newspaper being the official organ of Spalding County and being the newspaper in which the sheriff's advertisements are printed and carried; and, That notice of intent to introduce local legislation to provide for a change in the salary of the solicitor-general of the Griffin Judicial Circuit, and for other purposes, has

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been advertised in said Griffin Daily News once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid; Notice of Intent to Introduce Local Legislation. Notice is hereby given that at the 1964 Session of the General Assembly of Georgia, a bill will be introduced to amend previous acts of the General Assembly of Georgia creating the Griffin Judicial Circuit, which bill will provide for a change in the salary of the solicitor-general of said circuit, and for other purposes. Said advertisement appeared on the 4th day of January, 1964, the 11th day of January, 1964, and the 18th day of January, 1964. This 29th day of January, 1964. /s/ Quimby Melton Publisher of the Griffin Daily News Georgia, Spalding County: Personally sworn to and subscribed before me, this 31st day of January, 1964. /s/ Cary Reeves Notary Public, Spalding County, Georgia. My Commission expires Jan. 5, 1966. (Seal). State of Georgia, County of Fayette: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Jim Wood, who after being duly sworn deposes and says:

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That he is editor and publisher of the Fayette County News, said newspaper being the official organ of Fayette County and being the newspaper in which the sheriff's advertisements are printed and carried; and, That notice of intent to introduce local legislation to provide for a change in the salary of the solicitor-general of the Griffin Judicial Circuit, and for other purposes, has been advertised in said Fayette County News once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid; Notice of Intent to Introduce Local Legislation. Notice is hereby given that at the 1964 Session of the General Assembly of Georgia, a bill will be introduced to amend previous acts of the General Assembly of Georgia creating the Griffin Judicial Circuit, which bill will provide for a change in the salary of the solicitor-general of said circuit, and for other purposes. Said advertisement appeared on the 8th day of January, 1964, the 15th day of January, 1964, and the 22nd day of January, 1964. This 29th day of January, 1964. /s/ Jim Wood Editor and Publisher of the Fayette County News Georgia, Fayette County: Personally sworn to and subscribed before me, this 29th day of January, 1964. /s/ Helen S. Teague Notary Public, Fayette County, Georgia. My Commission expires Sept. 21, 1965. (Seal).

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State of Georgia, County of Pike: Affidavit of Publisher. Personally appeared before me the undersigned officer authorized to administer oaths, Mrs. A. W. Quattlebaum, who after being duly sworn deposes and says: That she is editor and publisher of the Pike County Journal, of Zebulon, Georgia, said newspaper being the official organ of Pike County and the newspaper in which the sheriff's advertisements are printed and carried; and That notice of intent to introduce local legislation to provide for a change in the salary of the solicitor-general of the Griffin Judicial Circuit, and for other purposes, has been advertised in said Pike County Journal once a week for three weeks during a period of sixty (60) days next preceding the introduction of said Bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and That the following is a copy of said advertising in the form and manner in which the same was run as a legal advertisement as aforesaid; Notice of Intent to Introduce Local Legislation. Notice is hereby given that at the 1964 Session of the General Assembly of Georgia, a bill will be introduced to amend previous acts of the General Assembly of Georgia creating the Griffin Judicial Circuit, which bill will provide for a change in the salary of the solicitor-general of said circuit, and for other purposes. Said advertisement appeared on the 2nd day of January, 1964, the 9th day of January, 1964, and the 16th day of January, 1964. This 30th day of January, 1964. /s/ Mrs. A. W. Quattlebaum Publisher of the Pike County Journal

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Georgia, Pike County: Personally sworn to and subscribed before me, this 30th day of January, 1964. /s/ M. A. Reid Notary Public, Pike County, Georgia. My Commission expires Oct. 30, 1967. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that at the 1964 Session of the General Assembly of Georgia, a bill will be introduced to amend previous acts of the General Assembly of Georgia creating the Griffin Judicial Circuit, which bill will provide for a change in the salary of the solicitor-general of said circuit, and for other purposes. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnnie L. Caldwell, who, on oath, dposes and says that he is Representative from Upson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomaston Times, which is the official organ of said county, on the following dates: January 2, 9, and 16, 1964. /s/ Johnnie L. Caldwell Representative, Upson County Sworn to and subscribed before me, this 30th day of January, 1964. /s/ G. Ernest Tidwell Notary Public (Seal). Approved March 10, 1964.

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TAXES DUE IN TWO INSTALLMENTS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 92-6402 Amended. No. 794 (House Bill No. 1128). An Act to amend Code section 92-6402 of the Code of Georgia of 1933 providing for the payment of taxes to the county in which returns are made 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 such census, taxes shall become due in two equal installments, one-half the tax being due and payable on the 1st day of July in each year and becoming delinquent on the 15th day of August in each year, the remaining one-half of the taxes shall be due and payable on the first day of September in each year and become delinquent on the 15th day of October in each year; to provide that a penalty of ten per cent (10%) of the tax due shall accrue on each installment not paid before delinquent; to provide that taxes and penalties unpaid on the 20th day of December of each year shall bear interest at the rate of seven per cent (7%) per annum and execution shall issue therefor; to provide for the effective date of the Act; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That Code section 92-6402 of the Code of Georgia of 1933 providing for the payment of taxes on property to the county in the county in which such property is returned be, and the same is hereby amended by adding to the end thereof the following language: In counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, the taxes shall become due in two equal installments, one-half of the taxes shall be due

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and payable on the 1st day of July of each year and shall become delinquent if not paid by the 15th day of August in each year, the remaining one-half of such taxes shall be due and payable on the 1st day of September of each year and shall become delinquent if not paid by the 15th day of October of each year; a penalty of ten per cent (10%) of the taxes due shall accrue on each installment that is not paid before same becomes delinquent; all taxes and penalties remaining unpaid on December 20th of each year shall bear interest at the rate of seven per cent (7%) per annum from said date and the tax collectors shall issue executions therefor against each delinquent taxpayer in their respective counties. Section 2. This Act shall become effective on January 1, 1965. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964. STONE MOUNTAIN JUDICIAL CIRCUITSALARY OF COURT REPORTER. No. 814 (House Bill No. 1205). An Act to amend an Act approved March 9, 1943, (Ga. L. 1943, p. 1143), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1935), as amended by an Act approved February 18, 1953, (Ga. L. 1953, p. 121), as amended by an Act approved March 8, 1957, (Ga. L. 1957, p. 315), and as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 426), providing a salary for the official court reporter for the Stone Mountain Judicial Circuit, by providing for an increase in the salary of such official court reporter, to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. Section 1 of the Act approved March 9, 1943 (Ga. L. 1943, p. 1143) and the several acts amendatory thereof providing for salary and fees for the official court reporter for the Stone Mountain Judicial Circuit is hereby amended by striking the figures $6,000.00 and by substituting in lieu thereof $6,500.00, so that said section when so amended shall read as follows: Section 1. From and after the passage of this Act the official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of $6,500.00 per annum, which salary shall be paid monthly on the first day of each month. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1964. COMPENSATION OF DIRECTOR OF STATE GAME AND FISH COMMISSION. No. 822 (House Bill No. 1248). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to change the salary of the Director of the State Game and Fish Commission; to change the provisions relating to expense accounts and expenses; to provide that said salary shall be retroactive; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State

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Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by striking from the first sentence of section 11 the following language: $8,600.00 per annum including any, and inserting in lieu thereof the following language: $17,500.00 per annum, payable monthly. In addition he shall receive a, so that when so amended said section 11 shall read as follows: Section 11. The State Game and Fish Commission at its first meeting shall appoint a director, who shall be the executive secretary and administrative officer of the commission, and have such other powers and duties as may be prescribed by the commission and by this Act, for all of which duties combined he shall receive a salary to be fixed by the commission from time to time which in no event shall exceed $17,500.00 per annum, payable monthly. In addition he shall receive a contingent expense allowance, payable monthly, and traveling expenses necessary in the performance of his duties. The director shall devote his full time to the duties of his office and shall have such power and shall perform such duties as may be assigned to and required of him by the commission. He shall take oath of office and give bond in the sum of $10,000.00 in the usual form required of State officials. Such director shall have offices at the State Capitol, which shall also be the office of the commission. The director shall hold office at the pleasure of the commission. No member of the commission during his tenure of office or within two years thereafter shall be eligible for appointment as director or for any employment under the commission or the director. Section 2. The effective date of this Act shall be March 1, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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CLERKS FOR ORDINARIES OF CERTAIN COUNTIES. Code 24-1801 Amended. No. 830 (House Bill No. 1261). An Act to amend Code section 24-1801, relating to clerks of county ordinaries, so as to authorize the ordinaries in counties whose population is between 18,110 and 18,120 according to the United States Decennial Census of 1960 or any future United States Decennial Census, to hire a clerk whose salary shall be paid from county funds; to require that the grand juries of such counties shall first approve the hiring of such clerks and shall determine the salary of such clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1801, relating to clerks of county ordinaries, is hereby amended by adding at the end thereof the following: Provided, however, in all counties having a population between 18,110 and 18,120 according to the United States Decennial Census of 1960 or any future United States Decennial Census, the ordinaries of such counties are hereby authorized to hire a clerk whose salary shall be paid from county funds, if the governing authorities and grand juries of such counties shall first approve the hiring of such clerks by the ordinary and shall determine the amount of the salary to be paid to such clerks. Where applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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TAX RETURNS MADE BY MAIL. Code 92-6206, 92-6216 Amended. No. 831 (Senate Bill No. 74). An Act to amend Chapter 92-6 of the Code of Georgia, relating to returns to tax receivers, as amended, so as to provide for making tax returns by mail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 92-6 of the Code of Georgia, relating to returns to tax receivers, as amended, is hereby amended by striking in its entirety Code section 92-6206, relating to returns of taxable lands and inserting in lieu thereof a new Code section 92-6206 to read as follows: 92-6206 . All lands in this State subject to taxation, whether improved or unimproved, shall be returned by the person owning the same, or by his agent or attorney, to the tax receiver of the county where the land lies either in person or by mail. The receiver shall require all persons making returns of lands in his county, to return the same by district, number, and section, if the lands have such designation, and when lands have no such designation then by such description as will enable the receiver to identify them, and receivers shall not receive any returns of land which do not so designate them. The State Revenue Commissioner shall not allow any receiver who receives returns in any other manner compensation or percentage for his services. Section 2. Said Chapter is further amended by adding at the end of Code section 92-6216, relating to oath of persons making returns of taxable property, the following: All persons making returns of taxable property for themselves or as agents of others by mail, shall swear before any person qualified by law to administer oath, that the information contained within said returns are true and

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correct. so that when so amended, Code section 92-6216 shall read as follows: 92-6216 . The oath to be administered to all persons making returns of taxable property for themselves or as agents of others, and to be attached to the lists as provided for in this law, shall be as follows: `I do solemnly swear that I have carefully read (or have heard read) and have duly considered the questions propounded in the foregoing tax list, and that the value placed by me on the property returned, as shown by said list, is the true market value thereof; and I further swear that I returned, for the purpose of being taxed thereon, every species of property that I own in my own right, or have control of, either as agent, executor, administrator, or otherwise; and that in making said return, for the purpose of being taxed thereon, I have not attempted, either by transferring my property to another or by any other means, to evade the laws governing taxation in this State. I do further swear that in making said return I have done so by estimating the true worth and value of every species of property contained therein.' This oath shall be subscribed by the person making the return, and the administering and taking of the oath shall be attested by the receiver of tax returns; by the oath of nonresidents, females, and sick persons may be taken and subscribed before any person authorized to administer an oath, and such person shall cause the same to be delivered to the tax receiver, who shall receive the same. All persons making returns of taxable property for themselves or as agents of others by mail, shall swear before any person qualified by law to administer oaths, that the information contained within said returns are true and correct. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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INSURANCECANCELLATION WHERE LIENHOLDER NAMED IN POLICY. Code 56-2430.1 Enacted. No. 832 (Senate Bill No. 179). An Act to amend Code Chapter 56-24, relating to the general provisions applicable to insurance contracts, so as to provide that no policy of insurance in which the interests of a lien holder named in the policy are protected by a loss payable clause shall be cancelled by the insurer so as to destroy the security of the lien holder unless a notice of the cancellation of said policy shall be forwarded to the lien holder; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-24, relating to the general provisions applicable to insurance contracts, is hereby amended by inserting between Code sections 56-2430 and 56-2431 a new Code section to be numbered 56-2430.1 and to read as follows: 56-2430.1 . No policy of insurance in which the interests of any lien holder named in the policy are protected by a loss payable clause may be cancelled by the insurer so as to destroy the protection afforded by said policy for the interests possessed by the lien holders unless a copy of the notice of cancellation as provided for by Code section 56-2430 shall be sent to the lien holder in accordance with the provisions of Code section 56-2430. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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GEORGIA PERMIT ACT AMENDED. No. 835 (Senate Bill No. 225). An Act to amend an Act entitled the Georgia Permit Act, approved February 26, 1962 (Ga. L. 1962, p. 105), so as to provide for the revocation of permits issued by the Board of Pharmacy for certain violations; to provide for hearings before the Board; to provide for notices; 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 entitled the Georgia Permit Act, approved February 26, 1962 (Ga. L. 1962, p. 105), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The Board of Pharmacy may revoke or refuse to reissue permits required by the provisions of this Act if any permittee shall have been found by the Board to have violated any of the provisions of this Act. Upon the presentation to the Board of Pharmacy of any violation of this Act alleged to have been committed by any permittee, it shall be the duty of the Board to cause written notices of the time and place fixed by the Board for the purpose of inquiring into the charges preferred against the permittee, together with a copy of the charges, to be served upon the permittee at least 20 days before the date fixed by the Board for said hearing. The Board shall prepare two copies of the notice and attach to each a copy of the charges alleging a violation, and shall cause the same to be delivered to the sheriff of the county of the residence of the permittee together with the fee prescribed by law for service of process in civil actions. The sheriff, or his deputy, within 10 days of the receipt of the notices and charges provided for herein, shall deliver one copy to the permittee personally, or service may be perfected by leaving a copy thereof at the residence of the permittee, and return the other notice and copy of charges to the Board with his entry of service thereon. The permittee shall have the privilege of

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presenting his defense to said charges at said hearing, either in the person or by attorney. Powers of Board of Pharmacy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. DISPOSITION OF FUNDS RECEIVED BY COUNTY OFFICERS. No. 836 (Senate Bill No. 228). An Act to provide for the disposition of certain funds received by county officials, officers and employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any county official, officer or employee charged with the responsibility of collecting, receiving or disbursing any fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, monies, or any other emolument or perquisite for any other county official, officer or employee, who has been placed upon a salary payable from county funds in lieu of receiving the compensation as provided for above and for which provision has been made by law for such compensation to become the property of and payable to the county, may pay said funds directly into the county treasury upon their receipt. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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UNIFORM ACT REGULATING TRAFFIC OF HIGHWAYS AMENDED. No. 837 (Senate Bill No. 232). 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 that the operators of all school buses shall display lighted headlamps when transporting school children; to provide for exemptions; 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), is hereby amended by adding at the end of section 89 a new subsection (e) to read as follows: (e) It shall be unlawful for any person to operate a school bus which is transporting school children unless the headlamps of such school bus are illuminated. The provisions of this Act shall not apply if no school children are aboard such school bus. School buses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. GEORGIA ADMINISTRATIVE PROCEDURE ACT. No. 838 (Senate Bill No. 233). An Act to establish uniform procedures for administrative agencies; to provide a short title; to provide for definitions; to require agencies to adopt rules describing organization and sources of public information as well as rules of practice covering both formal and informal procedures,

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including a description of forms and instructions; to make available for public inspection all rules and statements of policy and interpretation and all final orders and decisions; to prevent the invocation of any rule or decision for any purpose until publication and availability; to provide the procedure for the adoption of rules; to afford an opportunity to interested persons to present views concerning proposed rules; to provide a special procedure for the adoption of rules when public health, safety or welfare is threatened; to provide a time limitation for contesting the validity of rules; to provide a special procedure when rule making is required by law to be passed on a record after a hearing; to provide for the filing of rules in the Office of the Secretary of State; to require the Secretary of State to file, index and publish, periodically, such rules; to require the courts to take judicial notice of such rules; to permit the filing of a petition for the adoption of rules; to permit variations and exceptions to rules; to authorize declaratory judgments on the validity of rules; to permit the issuance of declaratory rules; to permit an aggrieved person to demand a hearing; to require agencies to act on such demands; to provide for contested cases and notice, hearing and record thereon; to provide for intervention; to provide for rules of evidence; to provide for examination of evidence by the agency; to provide for decisions and orders; to provide for ex parte consultations; to provide for licensing; to provide for judicial review of contested cases; to provide for appeals; to provide for construction of this Act; to provide an effective date; 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 Administrative Procedure Act. It is intended that this Act nor create or diminish any substantive rights or delegated authority but is to provide a procedure for administrative determination and regulation where expressly authorized by law or otherwise required by the Constitution or a statute.

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Section 2. Definitions . For the purpose of this Act: (a) Agency means each state board, bureau, commission, department, activity or officer authorized by law expressly to make rules and regulations or to determine contested cases except the General Assembly, the judiciary, the Governor, the Board of Pardons and Paroles, the State Board of Probation, the Board of Bar Examiners, the Board of Corrections and its penal institutions, the State Board of Workmen's Compensation, the Public Service Commission, all Public Authorities, the State Personnel Board (Merit System), the State Supervisor of Purchases (Purchasing Department), the regulation of liquor and alcoholic beverages, or any school, college, hospital or other such educational, eleemosynary or charitable institution, or any agency when its action is concerned with the military or naval affairs of this State. (b) Contested case means a proceeding, other than rate making or price fixing but including licensing, in which the legal rights, duties and privileges of a specific party or parties are required by law to be determined after an opportunity for a hearing. (c) License includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law but it does not include a license required solely for revenue purposes. Licensing includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license. (d) Party means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. (e) Person means any individual, partnership, corporation, association, governmental subdivision, or public or private organization or any character other than an agency. (f) Rule means each agency regulation, standard or statement of general or particular applicability that implements,

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interprets or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term includes the rules of practice and procedure for the approval or prescription for the future of rates and prices and the amendment or repeal of a prior rule but does not include the following: 1. statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; 2. declaratory rulings issued pursuant to Section 12 of this Act; 3. intra-agency memoranda; 4. statements of policy or interpretations that are made in the decision of a contested case; 5. rules concerning the use or creation of public roads or facilities which are communicated to the public by use of signs or symbols; 6. rules which relate to the acquiring, sale, development and management of the property (both real and personal) of the State or of an agency; 7. rules which relate to contracts for the purchases and sales of goods and services by the State or of an agency; 8. rules which relate to the employment, compensation, tenure, terms, retirement or regulation of the employees of the State or of an agency. 9. rules relating to loans, grants and benefits by the State or of an agency. Section 3. Adoption of Rules; Public Inspection; Availability of Rules, Orders and Decisions; Sanction . (a) In addition to other rule-making requirements by law, each agency shall: (1) Adopt as a rule a description of its organization, stating the general course and method of its operations and

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the methods whereby the public may obtain information or make submissions or requests. (2) Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency. (3) Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. (4) Make available for public inspection all final orders, decisions, and opinions except those expressly made confidential or privileged by statute. (b) No agency rule, order or decision shall be valid or effective against any person or party; nor may it be invoked by the agency for any purpose, until it has been published or made available for public inspection as required in this section. This provision is not applicable in favor of any person or party who has actual knowledge thereof. Section 4. Procedure for Adoption of Rules . (a) Prior to the adoption, amendment or repeal of any rule, other than interpretive rules or general statements of policy, the agency shall: (1) Give at least twenty (20) days' notice of its intended action. The notice shall include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency. (2) Afford to all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing.

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In the case of substantive rules, opportunity for oral hearing must be granted if requested by twenty-five (25) persons, who will be directly affected by the proposed rule, by a governmental subdivision, or by an association having not less than twenty-five (25) members. The agency shall consider fully all written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption. (b) If any agency finds that an imminent peril to the public health, safety or welfare (including but not limited to summary processes such as quarantines, contrabands, seizures and the like authorized by law without notice), requires adoption of a rule upon fewer than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under subsections (a) (1) and (a) (2) of this section is not precluded. (c) It is the intent of this Section to establish basic minimum procedural requirements for the adoption, amendment or repeal of administrative rules. Except for emergency rules which are provided for in subsection (b), the provisions of this Section are applicable to the exercise of any rule-making authority conferred by any statute, but nothing in this section repeals or diminishes additional requirements imposed by law or diminishes or repeals any summary power granted by law to the State or any agency thereof. (d) No rule hereafter adopted is valid unless adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced

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within two (2) years from the effective date of the rule. (e) In any rule making proceeding where the agency is required by law to prescribe rules upon the basis of a record after hearing, including but not limited to rate making or price fixing, the provisions of sections 14, 16, 17, 21 and 22 of this Act shall be applicable. Section 5. Filing; rules previously issued . (a) Within twenty (20) days after the effective date of this Act, each agency shall file with the Secretary of State a certified copy of all rules which were adopted by such agency prior to the effective date of this Act and which are still of full force and effect. (b) The copy of each rule shall contain a citation of the authority pursuant to which such rule was adopted. (c) The Secretary of State shall endorse on each copy the time and date of filing, and shall maintain a file of such rules for public inspection. (d) Any rule made by an agency prior to the effective date of this Act shall be void and of no effect unless filed in accordance with subsections (a), (b), and (c) of this section. Section 6. Future rules; filing; effective date . (a) Each rule hereafter adopted shall not become effective until the expiration of twenty (20) days after an original and two copies of such rule shall be filed in the office of the Secretary of State. Each rule so filed shall contain a citation of the authority pursuant to which it was adopted, and if an amendment, it shall clearly identify the original rule. (b) The Secretary of State shall endorse on each rule thus filed the time and date of filing and shall maintain a file of such rules for public inspection.

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(c) The twenty (20) day filing period is subject to the following exceptions: (1) Where a statute or the terms of the rule require a date which is later than the twenty (20) day period, then such later date is the effective date. (2) Emergency rules adopted pursuant to section 4 may become effective immediately or within a period less than twenty (20) days. A copy of the finding required by section 4 shall be filed with the rule. (d) The Secretary of State shall prescribe rules governing the manner and form in which regulations shall be prepared for filing. The Secretary may refuse to accept for filing any rule that does not conform to such requirements. Section 7. Publication of Rules . (a) As soon as practicable after the effective date of this Act, the Secretary of State shall compile, index and publish all rules adopted by each agency and remaining in effect. Compilations shall be supplemented or revised as often as necessary and at least once every two years. (b) The Secretary of State shall publish a monthly bulletin in which he shall set forth the text of all rules filed during the preceding month, excluding rules in effect upon the adoption of this Act. (c) The Secretary may in his discretion omit from the bulletin or the compilation rules which if published would be unduly cumbersome, expensive or otherwise inexpedient, if such rules are made available in printed or processed form on application to the adopting agency, and if the bulletin or compilation contains a notice stating the general subject matter of the rules so omitted and stating how copies thereof may be obtained. (d) Bulletins and compilations shall be made available upon request to the heads of all departments, bureaus, agencies, commissions, and boards of this State free of

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charge and to other persons at a price fixed by the Secretary of State to cover publication and mailing costs. Section 8. Judicial Notice . The courts shall take judicial notice of any rule which has become effective pursuant to the provisions of this Act. Section 9. Petition for Adoption of Rules . An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within thirty (30) days after submission of a petition, the agency either shall deny the petition in writing (stating its reasons for the denial) or shall initiate rule-making proceedings in accordance with section 4 of this Act. Section 10. Variation of rules; exceptions . (a) When the application or observance of a rule results in severe practical difficulties or unnecessary hardships any affected person may petition the agency for a variation or an exception to such rule, and the decision of such agency as to such variation or exception shall be final. (b) Each agency shall keep a record of all variations or exceptions which are granted. Such record shall be indexed and kept open for public inspection. Section 11. Declaratory Judgment on Validity of Rules . (a) The validity of any rule may be determined in an action for declaratory judgment when it is alleged that the rules or its threatened application interferes with or impairs the legal rights of the petitioner. A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the regulation in question. (b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of

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residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. (c) Actions for declaratory judgment provided for in this section shall be in accordance with the Declaratory Judgment Act, approved February 12, 1945 (Ga. L. 1945, pp. 137-139), as amended. Section 12. Declaratory Rulings by Agencies . Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any rule or order of the agency, and for declaratory rulings by the Attorney General as to the applicability of any rule or order of the agency, and for declaratory rulings by the Attorney General as to the applicability of any statutory provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases. Section 13. Demand for Hearing . (a) The agency shall hold a hearing upon written demand therefor by any person aggrieved by any act, or failure of the agency to act if such failure is deemed an act under any provision of the agency statute, or by any order of the agency other than an order on a hearing of which such person was given actual notice or at which such person appeared as a party. (b) Any such demand for a hearing shall be made within thirty (30) days after the act or failure to act causes the injury and shall specify in what respects such person is aggrieved and the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent the hearing shall be held within thirty (30) days after receipt by the agency of the demand therefor. The proceeding shall have the status of a contested case. (c) Pending such hearing and the decision thereon, the agency may suspend or postpone the effective date of its previous action.

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Section 14. Contested Cases; Notice; Hearing; Record . (a) In addition to any other requirements imposed by common law, constitution, statutes or regulations, in any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail. (b) The notice shall include: (1) a statement of the time, place and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular section of the statutes and rules involved; (4) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time, the notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished. (5) a statement as to the right of any party to subpoena witnesses and documentary evidence through the agency. (c) Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (d) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. (e) Unless specifically precluded by statute, in addition to the agency, any contested case may be held before any agency representative who has been selected and appointed by the agency for such purpose. Before appointing a hearing representative, the agency shall determine that the person under consideration is qualified by reason of training, experience and competence.

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(f) The agency, the hearing officer or any representative of the agency authorized to hold a hearing, shall have authority to do the following: to administer oaths and affirmations; sign and issue subpoenas, rule upon offers of proof; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to intervene; provide for the taking of testimony by deposition or interrogatory; reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the agency or the hearing officer. (g) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the contested case is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. (h) A record shall be kept in each contested case and shall include: (1) all pleadings, motions, intermediate rulings; (2) a summary of the oral testimony plus all other evidence received or considered, except that oral proceedings, or any part thereof, shall be transcribed or recorded upon request of any party. Upon written request therefor, a transcript of such oral proceeding, or any part thereof, shall be furnished to any party to the proceeding. The agency shall set a uniform fee for such service; (3) a statement of matters officially noticed; (4) questions and offers of proof and rulings thereon; (5) proposed findings and exceptions;

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(6) any decision (including any initial, recommended or tentative decision), opinion or report by the officer presiding at the hearing; (7) all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. (i) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (j) Except in cases in which a hearing has been demanded under section 13, section 14 and the other provisions of this Act concerning contested cases shall not apply to any case arising in the administration of the Revenue Laws which is subject to a subsequent trial of the law and the facts de novo in the superior court. Section 15. Intervention . In contested cases: (a) Upon timely application any person shall be permitted to intervene: (1) when a statute confers an unconditional right to intervenue; or (2) when the representation of applicant's interest is or may be adequate; (b) Upon timely application any person may be permitted to intervenue: (1) when a statute confers a conditional right to intervenue, or (2) when the applicant's claim or defense and the main action have a question of law or fact in common. In exercising its discretion the agency shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of existing parties. Section 16. Rules of Evidence; Official Notice . In contested cases: (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted except where precluded by statute if

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it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. (b) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of this State. (c) A party may conduct such cross examination as shall be required for a full and true disclosure of the facts. (d) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed. The agency's experience, technical comptetence, and specialized knowledge may be utilized in the evaluation of the evidence. Section 17. Examination of Evidence by Agency . When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.

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Section 18. Decisions and Orders . (a) In contested cases in which the agency has not presided at the reception of the evidence, the agency representative who presided shall initially decide the case or the agency shall require the entire record before the agency representative to be certified to it for initial decision. When such representative makes the initial decision, and in absence of an application to the agency within thirty (30) days from the date of notice of the initial decision for review, or an order by the agency within such time for review on its own motion, such initial decision shall, without further proceedings, become the decision of the agency. On review from the initial decision of such representative the agency shall have all the powers it would have in making the initial decision, and if deemed advisable, the agency may take additional testimony or remand the case to the hearing representative for such purpose. When the agency makes the initial decision without having presided at the reception of evidence, the agency representative shall first recommend a decision, a copy of which shall be sent to each party, and which shall be made a part of the record. (b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of facts, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases which shall be open for public inspection with the exceptions provided in section 3 (a) (4). A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record. Nothing in this section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under section 14 (d). (c) Each agency shall render a final decision in contested cases within thirty (30) days after the close of the

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record required by section 14, except that any agency, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the agency shall render decision at the earliest date practicable. Section 19. Licensing . (a) When the grant, denial, or renewal of a license is required by law to be preceded by notice and opportunity for hearing, the provisions of the Act concerning contested cases shall apply. (b) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license shall not expire until such application has been denied or the terms of the new license limited, until the last day for seeking review of the agency order, or such later date as may be fixed by the order of the reviewing court. (c) No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings the agency has sent notice by certified mail to the licensee of individual facts or conduct which warrant the intended action, and the licensee has been given an opportunity to show compliance with all lawful requirements for the retention of the license, except where: (1) the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, in which case, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceeding shall be promptly instituted and determined; (2) the agency's order is expressly required by a judgment or a statute, to be made without the right to a hearing or continuance of any type.

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Section 20. Judicial Review of Contested Cases . (a) Any person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Act. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. (b) Proceedings for review are instituted by filing a petition within thirty (30) days after the service of the final decision of the agency or, if a rehearing is requested, within thirty (30) days after the decision thereon. Such petition may be filed in the superior court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the superior court of Fulton County or the county where the petitioner maintains its principal place of doing business in Georgia. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that petitioner is aggrieved by the decision and the ground as specified in subsection (h) of this section upon which petitioner contends that the decision should be reversed or modified. The petition may be amended by leave of court. (c) Irrespective of any provisions of statute or agency rule with respect to motions for rehearing or reconsideration after a final agency decision or order, the filing of such a motion shall not be a prerequisite to the filing of any action for judicial review or relief; provided, however, no objection to any order or decision of any agency shall be considered by the court upon petition for review unless such objection shall have been urged before the agency. (d) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the reviewing court may order, a stay upon appropriate terms upon good cause shown.

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(e) Within thirty (30) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. (f) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (g) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. (h) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure;

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(4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Section 21. Appeals . An aggrieved party may obtain a review of any final judgment of the superior court under this Act by the Court of Appeals or the Supreme Court, as provided by law. Section 22. Construction and Effect . Nothing in this Act shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law nor diminish any delegation of authority to any agency nor create any substantive rights but shall be procedural. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. Every agency is granted all authority necessary to comply with the requirements of this Act through the issuance of rules or otherwise. Should any provision of this Act be held unconstitutional by a court of competent jurisdiction, it shall not vitiate the remaining provisions, but all such remaining provisions shall be given full force and effect. Section 23. The decision of any agency of the State which is reviewable may be reviewed by appealing the same to the superior court of the county wherein the person affected resides within 20 days of the decision. Appeals. Section 24. This Act shall become effective April 1, 1965, but shall not apply to contested cases pending at that time. Effective date. Approved March 10, 1964.

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STONE MOUNTAIN MEMORIAL ASSOCIATION ACT AMENDED. No. 839 (Senate Bill No. 249). An Act to amend an Act known as the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. L. 1958, p. 61), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 333); so as to redefine the terms bonds or revenue bonds; to increase the limitation on the amount of bonds which may be issued by the Association; to more fully prescribe and set forth the remedies of bondholders; to provide for the duties and responsibilities of the State relative to all rents due the Association; to provide for the assignment of any rentals due to the Association; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Stone Mountain Memorial Association Act, approved February 21, 1958 (Ga. L. 1958, p. 61), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 333), is hereby amended by striking subsection (b) of section 2 of said Act in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) `Bonds' or `revenue bonds' as used in this Act shall mean any bonds issued by the Association under the provisions of this Act, including refunding bonds. Bonds defined. Section 2. Said Act is further amended by striking from section 10 the words and figures five million ($5,000,000) dollars, and inserting in lieu thereof the following words and figures ten million ($10,000,000) dollars, so that when so amended section 10 shall read as follows: Section 10. The Association shall have power and is authorized at one time, or from time to time, to issue negotiable bonds in a sum not to exceed ten million ($10,000,000) dollars in principal amount outstanding at any one time, for the purpose of paying all or any part of the cost of the project,

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including the acquisition of the property authorized by subsection (b) of section 5 of this Act to be acquired by the Association in the event funds for such acquisition do not become available under section 7 of this Act; and to adopt all necessary and appropriate resolutions to provide for the issuance of such negotiable bonds. Bonds. Section 3. Said Act is further amended by adding at the end of section 22 new paragraphs to read as follows: The rentals contracted to be paid by the State or any department, agency or institution of the State to the Association under leases entered upon pursuant to this Act shall constitute obligation of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State or any department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any convenant or obligation contained in any lease entered upon pursuant to this Act, the Association may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Association shall be permitted to assign any rental due it by the lessee to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the Association., so that when amended said section 22 shall read as follows: Section 22. Pledge of revenues; sinking fund . The revenues, rents and earnings derived from the project may be pledged by the association to the payment of principal and interest on bonds of the association as any resolution authorizing the issuance of the bonds or trust instrument may provide, and such funds so pledged, from whatever source received, may include funds received from one or more or all

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sources and may be set aside into sinking funds at regular intervals which may be provided in any resolution or trust indenture. All such sinking funds shall be pledged to and charged with the payment of (1) the interest upon such bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture, but except as may otherwise be provided in such resolutions or trust indentures such sinking funds, individually, shall be funds for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the provisions of the trust indenture of any given bond issue, any monies in all sinking funds, after all bonds and interest thereon for which such sinking funds were pledged have been paid, may be paid into the association fund provided for in section 8 hereof. The rentals contracted to be paid by the State or any department, agency or institution of the State to the Association under leases entered upon pursuant to this Act shall constitute obligations of the State for the payment of which the good faith of the State is hereby pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of the State of Georgia. It shall be the duty of the State or any department, agency, or institution of the State to see to the punctual payment of all such rentals. In the event of any failure or refusal on the part of lessees punctually to perform any convenant or obligation contained in any lease entered upon pursuant to this Act, the Association may enforce performance by any legal or equitable process against lessees; and consent is hereby given for the institution of any such action. The Association shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be

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required by the terms of any trust indenture entered into by the Association. Section 4. Said Act is further amended by striking section 24 in its entirety and by substituting in lieu thereof a new section 24 to read as follows: Section 24. Same; Remedies of bondholders .Any holder of revenue bonds or interest coupons issued under the provisions of this Act, any receiver for such holders, or indenture trustee, if any there be, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity, by suit action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by resolution or trust indenture, to be performed by the Association, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects, and, in the event of default of the Association upon the principal and interest obligations of any revenue bond issue, shall be subrogated to each and every right, specifically including the contract rights of collecting rental, which the Association may possess against the State or any department, agency or institution of the State, and in the pursuit of its remedies as subrogee, may proceed either at law or in equity by suit, action, mandamus or other proceedings, to collect any sums by such proceedings due and owing to the Association and pledged or partially pledged directly or indirectly to the benefit of the revenue bond issue of which said individual, receiver, or trustee is representative. No holder of any such bond or receiver or indenture trustee thereof shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of the State, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the State; Provided, however, any provision of this or any other

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Act to the contrary notwithstanding, any such bondholder or receiver or indenture trustee shall have the right by appropriate legal or equitable proceedings (including, without being limited to, mandamus) to enforce compliance by the appropriate public officials of the provisions of Article VII, Section VI, Paragraph I (a) of the Constitution of the State of Georgia and permission is hereby given for the institution of any such proceedings to compel the payment of lease obligations. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. COWETA JUDICIAL CIRCUITASSISTANT SOLICITOR GENERAL. No. 840 (Senate Bill No. 250). An Act to provide for the appointment of an assistant solicitor general in the Coweta Judicial Circuit; to provide for his duties, compensation, authority, and term of office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in the Coweta Judicial Circuit an office to be known as assistant solicitor general, and the solicitor general is hereby authorized to appoint the assistant solicitor general. 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. Section 3. The assistant solicitor general shall have such authority as given to solicitors general by the laws of this State, and when acting on behalf of the solicitor general, he shall have all the authority and power, as well as the

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duties of the solicitor general in the courts of the counties comprising such judicial circuit. Section 4. The qualifications 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. Section 5. The assistant solicitor general shall receive as compensation for his services a salary to be fixed in the discretion of the solicitor general and paid by the solicitor general out of the funds received by the solicitor general for services rendered as solicitor general of said judicial circuit. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. SOLICITOR GENERALQUALIFICATIONS. Code 24-2901 Amended. No. 844 (Senate Bill No. 266). An Act to amend Code section 24-2901, relating to qualifications of persons eligible to hold the office of solicitor general, so as to provide that any person who has been disbarred from the practice of law and not reinstated as provided by law shall be ineligible to hold the office of solicitor general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2901, relating to qualifications of persons eligible to hold the office of solicitor general, is hereby amended by adding before the period the following: , and who has been disbarred from the practice

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of law and not reinstated as provided by law, so that when so amended Code section 24-2901 shall read as follows: 24-2901. Qualifications .No person is eligible to the office of solicitor general who has not been a resident citizen of this State three years just preceding his election or appointment, and who does not permanently reside in the circuit at the time of his election or appointment, and who has not attained the age of 25 years, and who has not been duly admitted and licensed to practice law in the superior courts for at least three years, and who has been disbarred from the practice of law and not reinstated as provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. JUDGES OF SUPERIOR COURTSQUALIFICATIONS. Code 24-2603 Amended. No. 845 (Senate Bill No. 267). An Act to amend Code section 24-2603, relating to the eligibility of persons to be judges of the superior courts, so as to provide that any person who has been disbarred from the practice of law and not reinstated as provided by law shall be ineligible to hold the office of judge of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2603, relating to the eligibility of persons to be judges of the superior courts, is hereby amended by striking the following: and shall have practiced law for seven years., and inserting in lieu thereof the following: shall have practiced law for seven years, and shall have been duly reinstated to the practice of law

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in the event of his disbarment therefrom., so that when so amended Code section 24-2603 shall read as follows: 24-2603. Eligibility .No person shall be judge of the superior courts unless, at the time of his election, he shall have attained the age of 30 years, shall have been a citizen of the State three years, shall have practiced law for seven years, and shall have been duly reinstated to the practice of law in the event of his disbarment therefrom. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. SUPERIOR COURT OF SEMINOLE COUNTYTERMS. No. 846 (Senate Bill No. 270). An Act to amend an Act changing the time of holding the Superior Court of Seminole County, approved January 31, 1946 (Ga. L. 1946, p. 279), so as to change the terms of the Superior Court of Seminole County; to provide when the grand jury shall be called; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the time of holding the Superior Court of Seminole County, approved January 31, 1946 (Ga. L. 1946, p. 279), 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. Beginning in 1964, the terms of the Superior Court of Seminole County shall commence on the second Monday in April and continue, if necessary, through the third week in April and on the second Monday in October and continue, if necessary, through the third week in October, except that in 1964 there shall be no April term.

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The first term of the Superior Court of Seminole County held after the passage and approval of this Act shall begin on the second Monday in October 1964, and continue, if necessary, through the third week in October 1964. Section 2. Said Act is further amended by inserting at the end thereof a new section to be known as section 3, to read as follows: Section 3. Beginning in 1964, the judge of the Superior Court of Seminole County shall convene the grand jury on the second Monday in October. Thereafter, the judge of said court shall convene the grand jury on the second Monday in April and the second Monday in October. Grand juries. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. CARE OF PRISONERS AFFLICTED WITH TUBERCULOSIS. No. 847 (Senate Bill No. 271). An Act to amend an Act approved March 7, 1960 (Ga. L. 1960, p. 769) so as to provide for hospital care for persons confined to jail when found to be afflicted with tuberculosis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 7, 1960 (Ga. L. 1960, p. 769) is hereby amended by striking section 1 in its entirety and inserting in lieu therefor a new section 1 to read as follows: Section 1. When any person confined in the common jail awaiting trial for any offense against the penal laws

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of this State, or there confined after conviction for any such offense, or serving any jail sentence imposed upon him by authority, or there committed for any civil or criminal contempt, or serving any misdemeanor sentence under county jurisdiction in a public works camp or other institution for maintenance of county prisoners, shall be afflicted with tuberculosis, the judge of the superior court may order his delivery by the sheriff to the superintendent of the Battey State Hospital or such other institution as may be approved and supported by the State Board of Health for the care of tubercular patients, and thereupon he shall be so delivered and received, and he shall be there securely confined, kept and cared for. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. SOLICITORS GENERAL RETIREMENT FUND ACT AMENDEDCREDIT FOR SERVICE IN ARMED FORCES. No. 848 (Senate Bill No. 281). An Act to amend an Act creating the office of solicitor-general emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, by an Act, approved March 17, 1958, (Ga. L. 1958, p. 163) also by Ga. L. 1950, pp. 228, 232; Ga. L. 1953, pp. 211, 212; Ga. L. 1961, p. 226, so as to change the date and time by which a solicitor-general may pay for and receive credit for service in the armed forces of the United States; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is the intent of this act to correct an error in the wording of the sentence providing for payment into

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the fund by solicitors-general who are entitled to credit for services in the armed forces of the United States. It had the effect of not allowing solicitors-general, who took office after 6 months after the approval of the Act from paying into the fund and prevented them from receiving credit for their military services. Intent. Section 2. An Act creating the office of Solicitor-General emeritus and the Solicitors-General Retirement Fund of Georgia, approved February 17, 1949, (Ga. L. 1949, p. 780), as amended, by an Act, approved March 17, 1958, (Ga. L. 1958, p. 163) also by Ga. L. 1950, pp. 228, 232; Ga. L. 1953, pp. 211, 212; Ga. L. 1961, p. 226, is hereby amended by striking the last sentence of the last paragraph of section 9, which reads: Such payment shall be made within 6 months after the approval of the Act, or within 6 months following discharge, whichever is later, and inserting in lieu thereof the words, Such payment shall be made within 6 months after the approval of this Act, or this amendment, or within 6 months following discharge, or within 6 months after taking office, whichever is later, so that when so amended, the last paragraph of section 9, shall read as follows: Provided, further, that in computing years of service as a solicitor-general, credit shall be given for service in the armed forces of the United States occasioned by only one of the national emergencies of either of the following: World War I, or World War II, or Korean conflict, upon payment into the retirement fund of the maximum payments provided herein for each year or fraction of year of such service for which contribution into the fund has been made. Such payment shall be made within 6 months after the approval of this Act, or this amendment or within 6 months following discharge, or within 6 months after taking office, whichever is later. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964.

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REGISTRY OF MORTGAGES ON PROPERTY OF RAILROADS AND PUBLIC UTILITIES. Code 67-108.1 Enacted. No. 851 (Senate Bill No. 294). An Act to enact a new Code section 67-108.1 to provide the exclusive procedure for recording mortgages, deeds to secure debt, indentures, deeds of trust and other security agreements relating to property of railroads, electric, gas and other public utility corporations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 67-1 of the Code of Georgia of 1933, as amended, relating to mortgages, is hereby amended by inserting between Code sections 67-108 and 67-109 a new Code section to be known as Code section 67-108.1 and to read as follows: 67-108.1. Registry of mortgages on property of railroads and public utilities .A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to both real and personal property made by a railroad corporation, electric or gas corporation or other public utility corporation or by any receivers, trustees or other legal officers in possession of or operating any such corporation, shall be recorded on the real property records in the office of the clerk of the superior court in each county in this State in which any of said property is situated. The clerk of the superior court in each county shall also be required to cross-index any personalty involved on such instruments in the indices maintained by said clerk in which are recorded all liens, mortgages, or other encumbrances on personal property. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record, against subsequent creditors, grantees, purchasers and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled

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except as may be provided by the Motor Vehicle Certificate of Title Act of this State (Ga. L. 1961, p. 69, et. seq.), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. NORTH GEORGIA MOUNTAINS COMMISSION ACT AMENDED. No. 853 (Senate Bill No. 305). An Act to amend an Act creating the North Georgia Mountains Commission (Act No. 305, Ga. L. 1963, p. 357) by granting to the Commission certain additional powers and authority including the power and authority to issue revenue bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating the North Georgia Mountains Commission (Act No. 305, Ga. L. 1963, p. 357) be and the same is hereby amended by adding the following new sections which shall read and be numbered as follows: Section 6(a): The Commission heretofore created is hereby made a body corporate and politic, shall be deemed to be an instrumentality of the State and a public corporation, and as such shall have all of the powers and authority heretofore granted to it and shall have additional powers and authority as follows: Powers. (a) The power to acquire by lease or purchase or otherwise real property for the construction and operation of a project or projects.

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(b) The power to borrow money for the purpose of constructing, maintaining, and operating its projects as defined in this act. (c) The express power and authority to construct, maintain, and operate a project in White County, Georgia, to be known and designated as Georgia Recreation Experiment Station; and in connection with said project the Governor is hereby authorized to execute for and on behalf of the State a lease upon any and all lands owned and held by the State in said County to the Commission for a period not to exceed fifty (50) years, such land so leased to be used by the Commission only in connection with said project. (d) The power and authority to issue revenue bonds which may be sold only to the United States, an agency or subdivision thereof, or to the State of Georgia, an agency or subdivision thereof. Such bonds shall be issued pursuant to the provisions of section 6(b) hereof. Section 6(b): The Commission shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds 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 a special fund herein provided for. The bonds of each issue shall be dated, shall bear interest at the lowest attainable rate, payable in such medium of payment as to both principal and interest as may be determined by the Commission and may be made redeemable before maturity, at the option of the Commission, at such price or prices and under such terms and conditions as may be fixed by the Commission in the resolution in providing for the issuance of the bonds. Bonds. The Commission shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or the denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued

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in coupon or registered form, or both, as the Commission may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. All bonds shall be signed by the Chairman of the Commission and the official seal of the Commission shall be affixed thereto and attested by the Secretary of the Commission, and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Commission. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be an officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Such bonds and the income thereof shall be exempt from taxation in the State of Georgia. The Commission may sell said bonds in such manner and for such price as it may determine to be for the best interest of the Commission. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage, and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Commission by a majority of its members. Revenue bonds issued under provisions of this Act shall not be deemed to constitute a debt of the State of Georgia or a pledge of the faith and credit of the State, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on their faces covering substantially the foregoing provisions of this Paragraph.

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In the discretion of the Commission, any issue of revenue bonds may be secured by a trust indenture by and between the Commission and a corporate trustee, which may be any trust company or bank having the powers of a Trust Company within or without the State. Such trust indenture may pledge or sign rents, revenues, and earnings to be received by the Commission. Either the resolution providing for the issuance of revenue bonds or the trust indenture itself may contain such provisions for perfecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Commission in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project or projects, and the custody, safe guarding and application of all monies and revenues, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Commission and satisfactory to the original purchasers of the bonds issued therefor. Such indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Commission may deem reasonable and proper for the security of the bond holders. All revenues, rents, and earnings derived from any project or projects and all funds from any source whatsoever received by the Commission may be pledged and allocated by the Commission to the payment of principal and interest on revenue bonds of the Commission as the resolution authorizing the issuance of the bonds or the trust instrument may provide, and such funds so pledged by whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary

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charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinbefore provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be affirmed for the benefit of all revenue bonds without distinction or priority of one over the other. Any holder of revenue bonds issued under the provisions of this Act, or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the Laws of the State of Georgia which are granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Commission, or any officer thereof, including the fixing, charging, and collection of revenues, rents, and other charges for the use of the project or projects. But no holder of such bonds shall have the right to compel any exercise of the taxing power of the State to pay any such bond or the interest thereon, or to enforce the payment thereof against the property of the State, nor shall any such bond constitute a charge, lien or encumbrance, legal or equitable, upon any property of the State. It is hereby found, determined, and declared that the creation of the Commission and the carrying out of its purposes as defined herein, is in all respects for the benefit of the people of this State, and is a public purpose and that the Commission will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act; and the State covenants with the holders of the bonds that the Commission shall be required to pay no taxes or assessments upon any of the property

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acquired or leased by it, or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the buildings and facilities erected or acquired by it, or any fees, rentals, or other charges, for the use of such buildings, or any other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this State. Any action to protect or enforce any rights under the provisions of this Act shall be brought in the superior court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under provisions of this Act shall likewise be brought in the said Court which shall have exclusive, original jurisdiction of such actions. Bonds of the Commission shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of 1937 (Chapter 87-8, Code of Georgia). The petition for validation shall also make party defendant to such action any authority, sub-division, instrumentality or agency of the State of Georgia which has contracted with the Commission for the use of any building or facility for which bonds have been issued and sought to be validated, and such authority, sub-division, instrumentality or agency shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof determined, and the contract adjudicated as security for the payment of any such bonds of the Commission. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and against the Commission issuing the same and any authority, sub-division, instrumentality department or agency contracting with the Commission. The Commission shall prescribe the rules and regulations for the operation of all projects, and it shall be the duty of the Commission to fix rentals and other charges for the use of such projects so as to provide a fund sufficient with other revenues, if any, to pay the cost of maintaining, repairing and operating the projects and to pay the principal

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of the revenue bonds and the interest thereon as the same shall become due. Section 2. All laws and parts of law in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 10, 1964. TRAFFIC SAFETY COMMITTEE. No. 185 (Senate Resolution No. 202). A Resolution. Creating an interim study committee for traffic safety; and for other purposes. Whereas, at the 1963 Session of the Georgia General Assembly, the Office of Legislative Counsel was requested to make a comparative study of the laws of the State of Georgia and the Uniform Vehicle Code; and Whereas, said study has been completed and is available; and Whereas, a legislative delegation from Georgia has participated in an exhaustive regional conference on traffic safety sponsored by the President's Committee for Traffic Safety; and Whereas, the Action Program of the President's Committee for Traffic Safety has as one of its integral parts a conformity of state laws with the Uniform Vehicle Code and a recommendation that traffic safety programs among the several states be inaugurated and implemented through the employment of the study of interim legislative committees. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a Traffic

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Safety Committee to be composed of four members of the Senate and four members of the House of Representatives, to be appointed by the Lieutenant Governor and the Speaker of the House, respectively, and such members as shall be appointed by the Governor, not to exceed four, from persons who are interested in traffic safety. The Committee shall undertake a thorough examination of the Uniform Vehicle Code and the comparison study completed by the Office of Legislative Counsel. The Committee shall also investigate the entire field of traffic safety and related matters thereto. The Committee shall report its findings and recommendations back to the 1965 Session of the Georgia General Assembly. The Committee shall be authorized to meet for 20 days. The Committee members shall receive the compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government. Approved March 10, 1964. LAND CONVEYANCE TO ATLANTA DEKALB INDUSTRIAL PARK, INC. AUTHORIZED. No. 187 (House Resolution No. 453-1060). A Resolution. Authorizing the conveyance of a certain tract of land to Atlanta DeKalb Industrial Park, Inc.; and for other purposes. Whereas, a certain tract of land located in DeKalb County was acquired by the State of Georgia for the purposes of utilization as a right-of-way for a portion of the public highway system; and Whereas, said tract is more particularly described as follows:

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All that tract or parcel of land lying and being in land lots 313 and 314 of the 18th land district of DeKalb County, Georgia, more particularly described as follows: Beginning at a point on the existing northwest right of way line of Georgia Highway Project F. I. 013-1 (3) which is three hundred five (305) feet northwest of and opposite station 411-50 on the survey center line of said project; running thence westerly along a straight line, which is established by said point opposite said station 411-50 and a point fifty (50) feet east of and opposite station 110-68.6 on the survey center line of the relocation of Mechanicsville Road of said project, twenty-four and one tenth (24.1) feet to the intersection of a straight line which is established by a point one hundred seventeen (117) feet west of and opposite station 12-00 on the survey center line of Old Mechanicsville Road of said project and a point forty (40) feet west of and opposite station 8-00 on said latter survey center line; thence northeasterly along said latter established straight line three hundred seventy-five and seven tenths (375.7) feet to said point opposite said station 8-00; thence southerly along said west right of way line three hundred thirty-seven and five tenths (337.5) feet to said existing northwest right of way line of said project; thence southwesterly along said northwest right of way line seventy-four and nine tenths (74.9) feet back to the point of beginning.; Whereas, due to a change in the location of the proposed public road, this tract of land is no longer needed by the State Highway Department or any agency of the state government; and Whereas, said tract of land is desired by Atlanta Dekalb Industrial Park, Inc. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to convey to Atlanta DeKalb Industrial Park, Inc., for and in consideration

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of the sum of $181.55 the above described tract of land. Approved March 10, 1964. OLD POST ROAD DESIGNATED. No. 188 (House Resolution No. 422-979). A Resolution. To officially designate State Route No. 77 from Elberton, Georgia, to Lexington, Georgia as the Old Post Road; and for other purposes. Whereas, State Route No. 77 also known as Mattox Bridge Road and R. F. D. No. 1, was originally known as Old Post Road; and Whereas, said road runs between Elberton, Georgia and Lexington, Georgia in the counties of Elbert and Oglethorpe; and Whereas, said road has served the area and communities in which it is located for over 150 years and is presently serving said area and communities; and Whereas, during the history of said road, it has been used by post riders, stage coaches, merchant wagons and today's modern vehicles; and Whereas, the first Rural Free Delivery in Elbert County was made over said road; and Whereas, it is only fit and proper that said road retain its historical name Old Post Road. Now, therefore, be it resolved by the General Assembly of Georgia that State Route No. 77 from Elberton, Georgia to Lexington, Georgia be designated and named Old Post Road and shall henceforth be known as the Old Post Road.

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Be it further resolved that the State Highway Department is hereby authorized and directed to place suitable markers, plaques or other means of identification along said road indicating that said road is named the Old Post Road. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to the governing authorities of the City of Elberton, the City of Lexington, Elbert County and Oglethorpe County, to the State Highway Department and the State Historical Commission. Approved March 10, 1964. LAND CONVEYANCE TO NOEL B. FOWLER AUTHORIZED. No. 189 (House Resolution No. 433-998). A Resolution. Authorizing the conveyance of certain property to Noel B. Fowler; and for other purposes. Whereas, State Route No. 56 adjoins certain property owned by Noel B. Fowler between Swainsboro, Georgia and Midville, Georgia; and Whereas, the State Highway Board of Georgia now has title to a tract of land between the 100 foot right-of-way of State Route No. 56 and the lands of Noel B. Fowler; and Whereas, said tract of land is more particularly described as follows: All that portion of land belonging to the State Highway Board of Georgia, which lies within the right of way

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lines as shown on the plan for Federal (State) Aid Project No. FAP. 387G(2) Pt. 2, which plans are on file in the office of the State Highway Board of Georgia, Atlanta, Ga. Said right of way beginning at station 593-00 Lt. which is the boundary line between the lands of the 100 foot right of way of State Route No. 56 and Noel B. Fowler, and continuing to station 595-00 Lt. which is the boundary lines between the lands of Noel B. Fowler and the 100 foot right of way of State Route No. 56. The right of way covered by this deed is ten (10) feet wide, bounded by the original right of way line of the highway location and a line parallel to and a distance of ten (10) feet from the said right of way line on the left side. The right of way begins and ends where the said Highway location enters and leaves said property and is bounded by said property lines as already established as above indicated and total approximately 200 lineal feet or 0.045 acres., Whereas, Mr. Fowler is now using a driveway on State Route No. 56 but because of a vertical curve to the south on State Route No. 56, the sight distance is greatly reduced making said driveway entrance very unsatisfactory; and Whereas, Mr. Fowler needs title to the tract of land herein described in order to construct a driveway, cattle drive and cattle guard that will in no way interfere with the maintenance or traffic on State Route No. 56; and Whereas, the State Highway Department has declared the tract of land herein described as surplus. 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 grant, bargain, sell and convey to Noel B. Fowler for himself, his heirs, representatives and assigns, for and in consideration of the sum of $10.00, the benefits that have flowed to the State of Georgia and the moral obligation of the State, all of the rights, titles and interests the State of Georgia has in the tract or parcel of land described in this Resolution.

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Be it further resolved that upon ascertaining that the sum of $10.00 has been paid into the State Treasurer by Noel B. Fowler either by himself, his heirs, representatives or assigns, as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, shall be and he is hereby further authorized and empowered to execute and deliver deeds and other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution and originate or continue record chain of title to the tract or parcel of land herein described. Approved March 10, 1964. CONSTRUCTION OF FOUR LANE HIGHWAY NORTH OF ATLANTA URGED. No. 190 (House Resolution No. 454). A Resolution. Urging the construction of a 4-lane highway north of Atlanta, extending into Cherokee County; and for other purposes. Whereas, the United States Department of Interior, in the summer of 1963, completed a study of the feasibility and desirability of extending the Blue Ridge Parkway; and Whereas, as a result of said study, the National Park Service and the Bureau of Public Roads of the Department of Interior and Commerce has recommended the extension of the Blue Ridge Parkway approximately 190 miles from its southern terminus, Beech Gap, North Carolina, into Georgia to intersect with Interstate Route 75 in the vicinity of Marietta, Georgia; and Whereas, the President's Appalachian Regional Commission, which has undertaken an exhaustive program of

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study in order to upgrade the appalachian region, has recommended that a 4-lane commercial highway be constructed from Asheville, North Carolina to Chattanooga, Tennessee; and Whereas, it has been determined that lack of adequate and efficient highways is a deterrent to the location of new industry and the free flow of commerce through areas served by such highways; and Whereas, the construction of new highways, both commercial and scenic, will encourage tourist traffic and generate tourist business as well as the location and construction of motels, restaurants, camping areas and other related recreational facilities; and Whereas, there is a drastic need for the construction of a 4-lane highway extending due north of Atlanta into the north Georgia area which, when fully completed, would provide access to the proposed extension of the scenic Blue Ridge Parkway and provide further accessibility to the proposed 4-lane commercial highway running from Asheville, North Carolina to Chattanooga, Tennessee. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby urged to commence a study and complete all necessary planning in order to construct a 4-lane highway from Atlanta due north in order to provide the necessary lifelines into this north Georgia area. Be it further resolved that the State Highway Department is hereby urged to implement said planning in order that the first segment of a 4-lane highway into this north Georgia area might be completed in the very near future, extending from Atlanta, to Canton, Georgia. Be it further resolved that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to each member of the Georgia Congressional Delegation. Approved March 10, 1964.

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EASEMENT TO CITY OF AUGUSTA AUTHORIZED. No. 192 (House Resolution No. 484-1207.) A Resolution. Authorizing the Governor on behalf of the State of Georgia to convey to the city council of Augusta, a municipal corporation, an easement for the purpose of constructing, maintaining and operating a sewer line or lines, and/or outfall ditch, over and through property in Richmond County, Georgia, owned by the State of Georgia and operated by the Georgia Department of Public Health as a part of the Gracewood State School and Hospital at Gracewood, Georgia; and for other purposes. Whereas, the city council of Augusta proposes to construct, maintain and operate a sewage disposal plant on property belonging to it on the east side of New Savannah Road in Richmond County, Georgia, and it has been determined that the effluents or treated sewage therefrom may most economically and efficiently be disposed of by allowing them to flow over and through property of the State of Georgia lying between said property of the city council of Augusta on the west and a drainage ditch known as Phinizy Ditch on the east; and, Whereas, the city council of Augusta desires to acquire an easement for such purpose over a parcel of land 90 feet in width and 1,350 feet, more or less, in length, comprising a part of said property of the State of Georgia; and, Whereas, the property of the State of Georgia involved is operated by the Georgia Department of Public Health as a part of the Gracewood State School and Hospital, and said Department is willing to permit the construction, maintenance and operation of such sewer lines and/or outfall ditch, over and through the said parcels hereinafter described, subject to certain conditions hereinafter set forth; and,

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Whereas, a survey has been made of the parcel on which the proposed easement is to be located and a plat thereof dated July 12, 1963, has been prepared and presented to the State of Georgia, and there are no objections thereto; and, Whereas, it is in the public interest that the State of Georgia convey to the city council of Augusta the said easement for the purposes stated. 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 convey to the city council of Augusta, its successors and assigns, in consideration of the premises and the sum of one dollar ($1.00) an easement for the construction, maintenance, and operation of a sewer line or lines, and/or outfall ditch, over, through, under and along the following described property, to wit: All that strip or parcel of land, situate, lying and being in the State of Georgia, County of Richmond, 123rd D.G.M., being ninety (90) feet in width and one thousand three hundred fifty (1,350) feet, more or less, in length; and being more particularly described as follows: beginning at a point approximately eight thousand eighty (8,080) feet south of Rocky Creek Bridge on the eastern right-of-way line of New Savannah Road, which is the southwest corner of property of Savannah River Lumber Company; thence proceeding north 89 45[UNK] east a distance of one thousand six hundred thirty-five (1,635) feet to a point marked by an iron pin, thence proceeding south 35 6[UNK] east a distance of one hundred ninety-four and ninety-six hundredths (194.96) feet to a point, on the western boundary line of said parcel, which marks the western terminus of the center line of the proposed outfall ditch to be constructed on said parcel, said center line extending easterly therefrom along a line parallel to the southern boundary line of said property of Savannah River Lumber Company, a distance of one thousand three hundred fifty (1,350) feet, more or less, to a drainage ditch known as Phinizy Ditch, the northern boundary

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line of said strip being located sixty (60) feet north of and parallel to said center line and the southern boundary line thereof being located thirty (30) feet south of and parallel to said center line, said parcel being bounded on the north by other property of the State of Georgia, one hundred (100) feet in width, over which runs an easement in favor of Proctor Gamble Manufacturing Company; on the east by Phinizy Ditch; on the south by other property of the State of Georgia, and on the west by property of the city council of Augusta and property now or formerly of Empire Land Company. Be it further resolved that the said easement shall be granted subject to the following conditions: (a) That the city council of Augusta will indemnify the State of Georgia against any claim of damage arising by reason of any injuries to persons or property resulting from the negligent construction, operation, maintenance or removal of said sewer lines or outfall ditch. (b) That the city council of Augusta shall not assign or transfer any right to be granted to it pursuant to this resolution, to another without obtaining the approval of the State Department of Health. (c) That the State of Georgia may use said premises in common with the city council of Augusta for any purpose not inconsistent with or obstructive of the rights to be granted to the city council of Augusta, pursuant hereto. Approved March 10, 1964.

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REGISTER OF BLIND PERSONS AUTHORIZED. No. 193 (House Resolution No. 495-1220). A Resolution. Providing for the compilation and development of a registry of blind persons residing within the State of Georgia; to define the term blind persons for the purposes of this Resolution; and for other purposes. Whereas, in order to gather, correlate, study and interpret information and data concerning the causes and socio-economic effects of blindness, and to improve, where possible, the conditions and vocational rehabilitation of the blind, it is desirable to develop a registry of blind persons residing within the State of Georgia; and Whereas, the Division of Vocational Rehabilitation has previously been authorized by law to render various rehabilitating services to blind persons and further authorized to conduct research and compile statistics relating to the provision of services or the need of services by the blind; and Whereas, the division of vocational rehabilitation is of the opinion that without any additional expense to the State of Georgia or further appropriation of the State Legislature, it will be able to compile and develop such a registry of blind persons living in Georgia. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. That the Division of Vocational Rehabilitation is authorized to develop, compile and maintain, as up-to-date as possible, a register of all blind persons known to be residing within the State of Georgia, such register to describe with respect to each person so registered, to the extent that such information may be ascertained, the cause and extent of blindness, profession or occupation of such blind person, current employment

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status, and such other information as may to the State Board of Vocational Education and the Division of Vocational Rehabilitation seem to be desirable. Section 2. That the State Board of Vocational Education and Director of Vocational Rehabilitation use their best efforts to secure, on a voluntary basis, the cooperation of all other agencies of federal, state, and local government, of physicians, optometrists, blind persons and other interested individuals and organizations in the development, compilation and maintenance of the aforesaid register of blind persons. Section 3. That the term blind person as used in this resolution shall mean any person whose visual acuity after correction does not exceed 20/200 in the better eye, whose vision is restricted to a field which subtends an angle of not more than 20 degrees, or who suffers an equally disabling loss of the visual field. Approved March 10, 1964. CONSTITUTION REVISION COMMISSIONCOMPENSATION OF MEMBERS. No. 194 (House Resolution No. 344-759). A Resolution. To amend a Resolution creating the Constitution Revision Commission, approved April 9, 1963 (Ga. L. 1963, p. 402), so as to clarify the provisions relating to compensation for certain members; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia that the Resolution creating the Constitution Revision Commission, approved April 9, 1963 (Ga. L. 1963, p. 402), is hereby amended by striking the second from the last paragraph in its entirety and inserting in lieu thereof the following:

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The Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, the Justice of the Supreme Court, the Superior Court Judge, the Legislative Council, and the State Budget Officer, shall receive no compensation or per diem for their services but shall be reimbursed for all expenses incurred in carrying out their duties hereunder. All such officials shall be reimbursed from the same funds from which they are otherwise compensated. The other members of the Commission shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The Solicitor General shall receive the above from the funds appropriated for the Superior Courts. The other members of the Commission shall receive the above from the funds appropriated to or available to the Legislative Branch of the Government and from any other appropriations or available funds, and this shall apply to any such members who might be officials or employees of the Judicial or Executive Branches of the Government, provided, however, that no such person shall be paid a sum of money greater than the actual expenses incurred in the performance of said duties, and regardless of any other provisions of any other law to the contrary. All funds, except as provided herein, 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 appropriations or available funds. No expenditure shall be made in any one fiscal year in excess of $75,000, or pro rata for less than a fiscal year. Be it further resolved that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964.

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J. ALVIN LEAPHART, SR. MEMORIAL BRIDGE DESIGNATED. No. 195 (House Resolution No. 352-795). A Resolution. To designate the J. Alvin Leaphart, Sr. Memorial Bridge; and for other purposes. Whereas, the late Dr. J. Alvin Leaphart was a lifelong resident of the State of Georgia; and Whereas, after opening his medical practice in Jesup in 1934 he continually, until his death, was an outstanding physician; and Whereas, for several years Dr. Leaphart maintained an office in Ludowici, in addition to his office in Jesup; and Whereas, Dr. Leaphart was one of the partners of the only hospital maintained in this area of the State for several years; and Whereas, Dr. Leaphart was a leader of many medical societies in the State of Georgia; and Whereas, Dr. Leaphart served as a member of the City Council of Jesup and also served as Mayor of Jesup; and Whereas, during such time Dr. Leaphart endeavored to expand and promote the economy and industry of Wayne County and South Georgia; and Whereas, because of Dr. Leaphart's efforts, Wayne County and South Georgia benefitted greatly; and Whereas, it is only fitting and proper that some recognition be given this outstanding Georgian for his enterprising medical and civic leadership;

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Now, therefore, be it resolved by the General Assembly of Georgia that the bridge over the Altamaha River, which connects Wayne and Long Counties on U. S. Highways Nos. 301 and 82, be named for the Honorable Dr. J. Alvin Leaphart, and henceforth shall be known as The J. Alvin Leaphart, Sr. Memorial Bridge. Be it further resolved, and it is directed that the State Highway Department make this of record and place a befitting marker, plaque or other means of identification on the aforesaid bridge at State expense indicating the said bridge is named: The J. Alvin Leaphart, Sr. Memorial Bridge. Be it further resolved that suitable copies of this resolution be furnished to the clerks of the superior courts of Wayne and Long Counties and to the Honorable James E. Warren, Representative of Wayne County, so that he may furnish copies to the immediate members of the family of the late Dr. J. Alvin Leaphart, Sr. Approved March 10, 1964. WILLIAM FRED SCOTT, SR. HIGHWAY DESIGNATED. No. 196 (House Resolution No. 364-828). A Resolution. To designate the William Fred Scott, Sr. Highway; and for other purposes. Whereas, Honorable William Fred Scott, Sr. was born June 24, 1895, in Conyers, Rockdale County, Georgia; and Whereas, Honorable William Fred Scott, Sr. was active in business as a farmer, contractor and manufacturer; and Whereas, Honorable William Fred Scott, Sr. attended school in Rockdale County; and

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Whereas, he served as 1st Sergeant in World War I; and Whereas, he was a loyal Democrat and an active participant in the Democratic Party; and Whereas, he was active in the religious and fraternal affairs in Thomas County, being a member of the Baptist faith, a Mason, a Knight Templar, and a Shriner; and Whereas, his political offices included that of a City Councilman of Thomasville, a State Senator from the 7th Senatorial District, and a member of the House of Representatives of Georgia from Thomas County; and Whereas, his advice and counsel will be missed by all those who knew him; and Whereas, it is only fit and proper that an appropriate monument be named in his honor in order to perpetuate his name; Now, therefore, be it resolved by the General Assembly of Georgia that State Route No. 212 from where the same intersects State Route No. 155 in DeKalb County to where the same intersects the northwesterly boundary line of the corporate limits of the City of Monticello in Jasper County be officially named and designated as the William Fred Scott, Sr. Highway. Be it further resolved that the State Highway Department is hereby authorized and directed to place fitting markers, plaques, or other means of identification along said Route indicating the same to be the William Fred Scott, Sr. Highway. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to furnish an appropriate copy of this Resolution to the members of the family of the late Honorable William Fred Scott, Sr., the State Highway Department and the Secretary

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of State for the Georgia Historical Commission and the Department of Archives and History. Approved March 10, 1964. EXPENSES OF FIFTIETH NATIONAL CONVENTION OF AMERICAN ASSOCIATION OF HIGHWAY OFFICIALS. No. 197 (House Resolution No. 501-1236). A Resolution. Authorizing expenditure of incidental and other expenses in connection with Fiftieth National Convention of American Association State Highway Officials; and for other purposes. Whereas, American Association State Highway Officials is a National organization composed of the Highway Departments of the various States and the Bureau of Public Roads, and whose main function is to pool resources, ideas and knowledge so as to provide assistance to the Highway Departments of the various States in finding solutions to the many problems they encounter in the road building programs; and Whereas, the first meeting of American Association State Highway Officials was held in Atlanta fifty years ago, in the year 1914; and Whereas, it is only fitting and proper that the 1964 National Convention be held in Atlanta to commemorate the Golden Anniversary of said organization; and Whereas, American Association State Highway Officials has selected Atlanta for its 1964 National Convention; and Whereas, said convention will attract many distinguished guests, including members of the Congress of

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the United States, together with upwards of over two thousand delegates and visitors; and Whereas, it is necessary to authorize the expenditure of funds by the State Highway Department for incidental and other expenses to provide for the welcoming, receiving, and the comfort of distinguished guests and other usual expenses in connection with the State Highway Department of Georgia being the host at said convention. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authorized to expend funds which might be made available and which might be needed, in excess of funds provided by American Association State Highway Officials, for incidental expenses, including cost of receiving, welcoming and providing for the comfort of members of the Congress of the United States and other distinguished guests in connection with the Fiftieth National Convention of American Association State Highway Officials, to be held in Atlanta during 1964. Provided, however, such costs do not exceed ten thousand and no/100 ($10,000.00) dollars. Provided further, that no funds appropriated under Article VII, Section IX, Paragraph IV, of the Constitution shall be spent for purposes listed above. Approved March 10, 1964. LAND CONVEYANCE TO MRS. WALTER T. FORBES AUTHORIZED. No. 201 (House Resolution No. 320-719). A Resolution. Authorizing the transfer of certain real property located in Macon County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner, by virtue of a deed vesting in the State Department of Education of Georgia of certain real property located in Macon County, Georgia, and

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Whereas, the said real property is fully described as follows: All that tract of land or parcel of land situate, lying and being in the State of Georgia, County of Macon, formerly Houston County, Georgia, in the 9th district and being a portion of land lot 161, said lot, tract or parcel of land conveyed herein being known as parcel 1, containing 3.92 acres, and described as follows, to-wit: Beginning at a point on the north-south boundary line which divides land lot 160 and 161 said point being a distance of three thousand two hundred sixty three and eight tenths (3263.8) feet northwardly from a point where said north-south boundary line intersects the east-west boundary line which divides the 9th and 14th districts, thence S1-17[UNK] E from said point of beginning a distance of seven hundred seventy nine and two tenths (779.2) feet along the line dividing land lots 160 and 161 to a point, thence N23-25[UNK] W a distance of four hundred forty one (441) feet to a point, thence N40-05[UNK] W a distance of four hundred fifty five and two tenths (455.2) feet to a point on the east-west boundary line that divides land lots 161 and 160 from 162 and 159, thence N89-30[UNK] E along said east-west boundary line a distance of four hundred fifty seven and four tenths (457.4) feet to the point of beginning. Said Parcel 1, triangular in shape, being bounded as follows: On the north by land lot 162, on the east by land lot 160, and on the south by the northern tip or point of Parcel 11 on a map hereinafter referred to, and on the west by land lot 161. For further and more detailed description reference is hereby made to that certain map or plat showing said property made by J. R. Curtis, C. E., Registered Surveyor #402, said map being dated February 12, 1962.; and Whereas, said described real property was acquired as a portion of the property utilized by the division of vocational education as Camp John Hope, and is not needed for said project and is surplus property and neither

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needed nor used by the said State Department of Education of Georgia; and Whereas, said described property lies adjacent to property of Mrs. Walter T. Forbes, in said county; and Whereas, the said Mrs. Walter T. Forbes is the owner of certain properties which are adjacent to certain other properties owned by the Department of Education of Georgia and described as follows: All that tract of land or parcel of land situate, lying and being in the State of Georgia, County of Macon, formerly Houston County, Georgia, in the 9th District and being a portion of land lot 161, said lot, tract or parcel of land conveyed herein known as parcel II, containing 3.91 acres, and described as follows, to-wit: Beginning at a point on the north-south boundary line which divides land lot 160 and 161, a distance of two thousand four hundred eighty four and six tenths (2,484.6) feet from the point where said north-south boundary line intersects the east-west boundary line which divides the 9th district from the 14th district, thence from said point of beginning on said north-south boundary line S1 17[UNK] E, a distance of two thousand thirty six and six tenths (2,036.6) feet, more or less, to a point on the north-south boundary line, thence N3 19[UNK] E, a distance of five hundred ninety five and five tenths (595.5) feet to a point, thence N2 38[UNK] E, a distance of four hundred fifty eight and two tenths (458.2) feet to a point, thence N10 30[UNK] E a distance of five hundred thirty four and two tenths (534.2) feet to a point, thence N23 25[UNK] W a distance of four hundred ninety and two tenths (490.2) feet to a point on the north-south boundary line that divides land lots 160 and 161, the point of beginning. Said parcel II being bounded as follows: On the north by the southern point or tip of parcel I contained in a map hereinafter referred to, on the east by land lot 160, on the south by the northern tip or point

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of parcel III contained in said map and on the west by land lot 161. For further and more detailed description reference is hereby made to that certain map or plat showing said property made by J. R. Curtis, C.E., Registered Surveyor #402, said map being dated February 12, 1962. All that tract of land or parcel of land situate, lying and being in the State of Georgia, County of Macon, formerly Houston County, Georgia, in the 9th district and being a portion of land lot 161, said lot, tract or parcel of land conveyed herein being known as parcel III, containing 0.40 acres, and described as follows, to-wit: Beginning at a point where the north-south boundary line which divides land lot 160 from 161 intersects the east-west boundary line which divides the 9th district from the 14th district and thence from said point of intersection being the point of beginning N78 0.4[UNK] E along said east-west boundary line a distance of seventy five and four tenths (74.4) feet to a point on said east-west line, thence N11 56[UNK] W, a distance of four hundred fifty three and two tenths (453.2) feet to a point on the said north-south boundary line which divides land lot 160 and 161, thence S1 17[UNK] E along said north-south boundary line a distance of four hundred forty eight (448) feet, more or less, to the intersection of the north-south and east-west boundary line, the point of beginning. Said parcel III being bounded as follows: On the north by the southern tip or point of parcel II contained in a map or plat hereinafter referred to, on the east by land lot 160, on the south by land lot 7 in the 14th district and on the west by land lot 161. For further and more detailed description reference is hereby made to that certain map or plat showing said property made by J. R. Curtis, C.E., Registered Surveyor #402, said map being dated February 12, 1962.; and Whereas, the property owned by the Department of Education of the State of Georgia now lies east of the newly paved road leading to Camp John Hope property; and

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Whereas, parcels 2 and 3 now lie west of the said Camp John Hope Road, it is therefore considered useful to both the said State Department of Education and the said Mrs. Walter T. Forbes to exchange parcel 1 for parcels 2 and 3 thereby creating the newly paved Camp John Hope Road as the land line between the two property owners. 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 directed to convey, by deed or other written instrument of conveyance, to Mrs. Walter T. Forbes, all of the right, title and interest which the State of Georgia and the State Department of Education of Georgia has or may have in and to said real property first above described as parcel 1, subject to and upon the execution by Mrs. Walter T. Forbes or any person holding title under her, of a deed conveying to the State Department of Education a full and unincumbered fee-simple title to said real property described above as parcels 2 and three, and delivery of same to the State Department of Education of Georgia. Georgia, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964.

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/s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia a Resolution authorizing the Governor of the State of Georgia to execute a deed of conveyance resulting in an equitable exchange of properties between the State Department of Education of the State of Georgia and property of Mrs. Walter T. Forbes. Said proposed exchange of properties deal with land of both parties situated in land lots number 160 and number 161 of the ninth district of originally Houston, now Macon County, Georgia; to provide the procedure connected therein; and other purposes. This 16th day of December, 1963. J. Paul Sinclair Representative, Macon County Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Resolution authorizing the Governor of the State of Georgia to execute a deed of conveyance resulting in an equitable exchange of properties between the State Department of Education of the State of Georgia and property of Mrs. Walter T. Forbes. Said proposed exchange of properties deal with land of both parties situated in land lots number 160 and number 161 of the ninth district of originally Houston, now Macon County, Georgia; to provide the procedure connected therein; and other purposes. This 16th day of December, 1963.

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/s/ J. Paul Sinclair Representative, Macon County Approved March 11, 1964. DELIVERY OF ALEXANDER H. WRAY PLAQUE TO COMMERCIAL UNION GROUP OF INSURANCE COMPANIES AUTHORIZED. No. 203 (House Resolution No. 362-828). A Resolution. Authorizing the delivery of a certain plaque to the Commercial Union Group of Insurance Companies; and for other purposes. Whereas, Honorable Alexander H. Wray served with the Union Forces during the Civil War; and Whereas, Mr. Wray served as United States Manager of the Commercial Union Group of Insurance Companies from 1898 to 1920; and Whereas, the veterans of the Union Forces of the aforesaid war received a pension; and Whereas, Mr. Wray, not needing his pension, decided to donate it to a worthy cause; and Whereas, for 23 years, beginning in 1907, Mr. Wray sent his check to the Confederate Soldiers' Home of the State of Georgia, a home dedicated to the care of his former enemies; and Whereas, the veterans of the Confederate Soldiers' Home of the State of Georgia were deeply moved by the

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generosity of Mr. Wray and placed a plaque at the Confederate Soldiers' Home, which reads as follows: In 1907 Alexander H. Wray of Patchogue, Long Island, N. Y. donated to the Confederate Soldiers' Home of this state his pension as a Veteran of the Federal Army in the War between the States. For 23 years the donation has been continued, the sum donated now amounting to over five thousand dollars. In appreciation of the generosity of the donor, and in admiration of his nobility of soul this tablet is erected `To a brave foe who was in heart a friend.' ; and Whereas, Mr. Wray departed this life in 1931, and the Honorable D. M. Deakins, Manager of the Southern Department, Commercial Union Group of Insurance Companies, has expressed the wishes of the said company to have such plaque, in order that they may place the same in an appropriate place at their office so that the employees of said company and all those who visit said company may be aware of the generosity of Honorable Alexander H. Wray; and Whereas, it is only fit and proper that the Commercial Union Group of Insurance Companies have such plaque so that the memory of Honorable Alexander H. Wray may be perpetuated. Now, therefore, be it resolved by the General Assembly of Georgia that, for and in consideration of the sum of ten ($10.00) dollars and the benefits that have flowed to the State by the generosity of Honorable Alexander H. Wray, the Governor, acting for and on behalf of the State, is hereby authorized to transfer and deliver said plaque to Honorable D. M. Deakins for the Commercial Union Group of Insurance Companies. Be it further resolved that the Clerk of the House of Representatives is hereby instructed to transmit an appropriate copy of this Resolution to the Department of Archives and History, the Georgia Historical Commission,

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and to the Southern Department of the Commercial Union Group of Insurance Companies. Approved March 11, 1964. EASEMENT TO COMMITTEE OF 100, INC. AUTHORIZED. No. 206 (House Resolution No. 418-968). A Resolution. Authorizing the Governor to convey certain easements over State owned property; and for other purposes. Whereas, the Committee of 100, Inc., desires to obtain access to the Savannah River over certain state owned properties located in Richmond County; and Whereas, the purposes for which said easements shall be employed will not interfere with the present utilization of these state owned properties. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to grant to the Committee of 100, Inc., an easement and right of way to construct, install, maintain, keep, repair, renew, replace, operate, use, and remove railroad tracks, roads, ways, pipes, tubes, cables, conduits, conveyors, power lines, telephone lines, utility lines, service lines, and similar facilities and their respective equipment, structures and appurtenances in, over, under, upon, along and across a certain strip or parcel of land, 150 feet in width, located in the 123rd district, G. M., Richmond County, Georgia, more particularly described as follows: Beginning at an iron pipe on the eastern side of the New Savannah Road where the northern boundary of the

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property now or formerly of R. A. Prior and the southern boundary of the property of the Savannah River Lumber Company intersect with said right-of-way and proceeding thence north 87 degrees east 1,634 feet to a point which point is the point common to the properties now or formerly of R. A. Prior, Savannah River Lumber Company and the State of Georgia and is the beginning point of the property hereinafter described: Said easement shall be 150 feet in width and the northern boundary of said easement shall begin at the beginning point as hereinabove set forth and shall proceed thence north 87 degrees east 4,342.80 feet to an iron pipe; thence turning and proceeding north 70 degrees east 2,733.60 feet, more or less, to the property now or formerly of Harold Thompson. The grantee, its successors and assigns, are hereby expressly given the right to assign this easement and right-of-way or any part thereof or interest therein, and the same shall be divisible and apportionable among two or more owners as to any rights, privileges, or easements created hereunder, so that each assignee or owner shall have the full rights, privileges and easements herein granted, to be owned and enjoyed either in common or severalty. The State of Georgia shall reserve for itself and its successors in title the privilege of using said property so long as such use shall not interfere in any way with the rights, privileges, or easements hereinabove granted and conveyed to the party of the second part. The consideration for said easement shall be $300.00, the highest appraised value. As further consideration for such sum, the State Highway Department of Georgia is hereby authorized to grant a similar easement and right-of-way over, under, upon, along and across a certain portion of the highway known as New Savannah Road or SR 56 Loop in Richmond County, Georgia, which portion lies near the easterly end of Marvin Griffin Boulevard,

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formerly known as Cottage Road, and which is more particularly described as follows: Beginning at a post at the point where land now or formerly of Savannah River Lumber Company touches the land now or formerly of R. A. Prior, and the eastern right-of-way line of New Savannah Road, SR 56 Loop, extending thence in a westerly direction south 87 west, across said New Savannah Road to the western right-of-way line thereof. Said easement shall be 150 feet in width and the northern boundary of said easement shall be the line hereinbefore described. The Highway Department is authorized to grant said easement upon such reasonable regulations as said Highway Department shall deem necessary, so long as the use of said easement shall not unreasonably interfere with the use of said highway for public or public utility purposes. The easement shall be granted by the Governor, acting for and in behalf of the State of Georgia and the State Highway Department. Approved March 11, 1964. THE MATILDA HARRIS ELEMENTARY SCHOOL DESIGNATED. No. 207 (House Resolution No. 445-1046). A Resolution. To designate The Camden County Training School as The Matilda Harris Elementary School; and for other purposes. Whereas, Matilda Harris was a noted Camden County educator for the advancement of her race; and Whereas, this Georgian was dedicated to home, family, church, and community; and

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Whereas, her memory is held in reverence by all who knew her; and Whereas, the school system of her race is a better and more progressive institution due to the tireless efforts of Matilda Harris during her life; and Whereas, it is fitting and proper that her name should be memorialized as it has been enshrined in the memory of Camden County citizens. Now, therefore, be it resolved by the General Assembly of Georgia that The Camden County Training School be named for Matilda Harris and shall hereafter be known as The Matilda Harris Elementary School. Be it further resolved that a copy of this Resolution be furnished the Camden County Board of Education, the Commissioner of Roads and Revenues of Camden County, and the State Board of Education. Be it further resolved and it is hereby directed that the Camden County Board of Education make this of record and place a befitting marker, plaque or other means of identification on the aforesaid building. Approved March 11, 1964. SCHOOL BUS TRANSPORTATION STUDY COMMITTEE. No. 208 (House Resolution No. 459-1100). A Resolution. A resolution to create a joint committee to study school bus transportation, and for other purposes. Whereas, school bus transportation is becoming, and has become, one of the major cost factors in providing an adequate education system for the State, and

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Whereas, in recent years, the cost of school bus transportation has been steadily increasing, and Whereas, it is desirable that a thorough, and intensive, study should be made into the present status of school bus transportation so as to determine the most efficient and economical way that this item of educational service maybe provided for the children of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. There is hereby created a joint committee of the General Assembly to be composed of three (3) members of the House of Representatives appointed by the Speaker and three (3) members of the Senate appointed by the President. Said committee shall convene as soon as possible after the adjournment of this session of the General Assembly and perfect its organization. Created. Section 2. Said committee is hereby authorized to make a thorough and intensive investigation into school bus transportation in Georgia. The purpose of said investigation shall be to determine if the needs of Georgia school children for transportation are being furnished in the most efficient and economical way possible, consistent with the welfare and safety of the students being transported. The committee is also authorized, and directed, to consider improved methods of administration of school bus transportation and to study transportation systems presently in use in other states and jurisdictions. Duties. Section 3. To accomplish the purposes of the committee, it is hereby authorized to obtain information from other states and jurisdiction and to visit such states in order to discuss school bus transportation systems and observe the same in operation, subject to advance approval of such travel by the Speaker of the House and the President of the Senate. Powers. Section 4. Said committee is authorized to employ such number of investigators, clerical employees, other

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employees as it may deem necessary to carry out the provisions of its work. Said committee may also expend funds for the securing of information and data from other sources. The committee shall set the compensation of its investigators and employees subject to the approval of the Speaker of the House and the President of the Senate. Clerical help, etc. Section 5. The office of the legislative council is hereby authorized to provide to the committee such assistance as may be required by it. Same. Section 6. The State Department of Education is hereby authorized and directed to cooperate fully with the committee and to furnish it all information available relative to the school bus transportation. Section 7. Each member of the committee shall receive, in addition to actual travel expenses, the same per diem as received by members of other interim committees while engaged in official duties as a member of said committee, for not to exceed twenty days. Expenses. Section 8. All funds herein authorized to be spent by the committee, including per diem and travel expenses of the members thereof, shall be paid out of funds appropriated by law for the General Assembly upon certification of the State Treasurer of such expenses by the Chairman. Section 9. The committee shall make a report of its findings together with recommendations for legislation, if any, to the 1965 session of the General Assembly and shall stand abolished upon the convening of said session. Report. Approved March 11, 1964.

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SUPERIOR COURT CLERKS' RETIREMENT FUND ACT AMENDED. No. 863 (House Bill No. 991). An Act to amend an Act entitled An Act to provide for retirement benefits for the clerks of the superior courts of Georgia; to provide for the superior court clerk's retirement fund; to create a board of commissioners of such fund; to provide for payments into said fund and for disbursements from said fund; to provide for procedure connected with administration of said fund; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), and an Act approved February 16, 1962 (Ga. L. 1962, p. 67), so as to change the membership of the board of commissioners of the superior court clerks' retirement fund; to provide for their terms of office; to provide for the election of a chairman; to provide for the filling of vacancies; to provide the procedure for rejoining membership in the fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for retirement benefits for the clerks of the superior courts of Georgia; to provide for the superior court clerks' retirement fund; to create a board of commissioners of such fund; to provide for payments into said fund and for disbursements from said fund; to provide for procedure connected with administration of said fund; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), and an Act approved February 16, 1962 (Ga. L. 1962, p. 67), is hereby amended by striking in its entirety section 1 and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created a Board of Commissioners of the Superior Court Clerks' Retirement Fund

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of Georgia which is hereinafter referred to as the Board. The Board shall consist of three Clerks who shall be members of the Retirement Fund. These Clerks shall be elected by the Clerk's group of the County Officers' Association of Georgia at their annual meeting beginning at the first annual meeting to be held after the effective date of this Act. One Clerk shall be elected for a term of 1 year, one Clerk for a term of 2 years, and one Clerk for a term of 3 years. Thereafter, each such Clerk shall be elected for a term of 3 years. The Board shall elect a Chairman from the three Clerks serving as members of said Board. The terms of the members elected to the Board shall begin on the first day of January of the year following their election. All of the members of said Board shall serve without pay but they shall be reimbursed for their actual expenses in attending meetings of the Board and performing the duties required as members of the Board. The Governor of the State and the Attorney General shall also be members of said Board. In case a vacancy occurs in either of the three seats occupied by the Clerks, the remaining members shall elect a Clerk who is a member of said Fund to fill the unexpired portion of the term. In case a vacancy occurs in either of the two seats occupied by the Governor and the Attorney General, the person who serves as Governor or Attorney General, as the case may be, shall become a member of the Board. Three members of the Board shall constitute a quorum for the transaction of business. Members of board. Section 2. Said Act is further amended by striking in its entirety Section 10 and substituting in lieu thereof a new Section 10 to read as follows: Section 10. Any Clerk may withdraw the total sum without interest which he has paid into the fund, and to become eligible to rejoin the fund and to receive any benefits as provided in this law after such withdrawal, he must repay the entire amount which he has withdrawn with interest at 6% per annum. He shall not receive credit for any service after such withdrawal unless he pays dues plus 6% interest which he would have paid had he been a member of the Fund. If any Clerk dies before being retired, the total amount, without interest, which has been paid

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by him into the Fund shall be paid to his estate. If after retiring, any Clerk should die without leaving a widow and without having received the amount in benefits equal to the amount which he had paid into said Fund, the difference, without interest, shall be paid to his estate. If after retiring, any Clerk should die leaving a widow and such widow should thereafter die without having received the amount of benefits equal to the amount which had been paid into the Fund less the amount received by said Clerk before his death, the difference, without interest, shall be paid to his estate. Withdrawal of contributions, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. STATE BOARD OF REGISTRATION FOR FORESTERS ACT AMENDED. No. 865 (House Bill No. 322). An Act to amend an Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), an Act approved February 26, 1957 (Ga. L. 1957, p. 169), an Act approved March 25, 1958 (Ga. L. 1958, p. 656), and an Act approved March 10, 1959 (Ga. L. 1959, p. 161), so as to provide for the issuance of licenses suitable for framing; to provide that certain persons shall be eligible for licenses as registered foresters under certain conditions; to provide for injunctions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended by an Act approved March 9, 1956 (Ga. L. 1956, p. 691), an Act approved February 26, 1957

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(Ga. L. 1957, p. 169), an Act approved March 25, 1958 (Ga. L. 1958, p. 656), and an Act approved March 10, 1959 (Ga. L. 1959, p. 161), is hereby amended by adding a new section to be known as section 15A to read as follows: Section 15A. The Board is hereby authorized to issue licenses and renewals thereof in such manner as shall be suitable for framing. Licenses. Section 2. Said Act is further amended by adding a new section to be known as section 15B to read as follows: Section 15B. Any forester making an application for a license as a registered forester within thirty days following the date of approval of this Act shall be eligible for a registration as a registered forester without reference to the requirements set forth in section 12 (a) of the Act creating the State Board of Registration for Foresters, approved February 21, 1951 (Ga. L. 1951, p. 581), as amended, provided such forester shall have completed service as a forester in a public forest unit for a period of not less than twelve years. Foresters' registration qualifications. Section 3. Said Act is further amended by adding a new section to be known as section 20A to read as follows: Section 20A. In addition to any other remedy or criminal prosecution, whenever it shall appear to the State Board of Registration for Foresters that any person or persons, firm, company, partnership, association, or corporation or their agents, officers, or directors is or has been holding himself, itself, or themselves out to the public as a Registered Forester when not so registered, said Board may, on its own motion or on the verified complaint in writing of any person, file an equitable petition in its own name in the superior court in any county of this State having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person or persons, firm, company, partnership, association, or corporation and their agents, officers and directors, restraining him, her, it, or them, from violating such law, and, upon proof thereof, the

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said court shall issue such restraining order, injunction and permanent injunction, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. Injunctions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. ADOPTIONGROUNDS FOR DECLARING ADOPTIONS NULL AND VOID REPEALED. No. 866 (House Bill No. 492). 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, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 695), so as to remove the provisions providing certain grounds upon which an adoption may be declared null and void and providing the disposition of the child in the event an adoption is declared null and void; 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, particularly by an Act approved March 9, 1956 (Ga. L. 1956, p. 695), is hereby amended by striking section 13, which reads as follows:

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Section 13. If at any time after the adoption the adopting parents fail faithfully to perform their obligations to the child, and such child is seventeen years or older, or if within seven years after his final adoption a child, regardless of age, develops feeble-mindedness, epilepsy, insanity or venereal diseases as a result of conditions existing prior to his adoption and of which the adopting parents had no knowledge or information, or for other good cause shown unto the court, a petition setting forth such facts may be filed by any person or public or private agency, showing good cause therefor, in the court which entered the final decree of adoption, and if such conditions are proved to the satisfaction of the court, the adoption may be declared null and void. The court shall thereupon make proper disposition of the child by commitment to an appropriate State institution as provided by the laws of the State of Georgia, or provide for the disposition of the child as may be to his best interest and to that of the State. in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. CLERKS OF SUPERIOR COURTSINDEX RECORDS. Code 24-2715 Amended. No. 867 (House Bill No. 660). An Act to amend Code section 24-2715, relating to additional duties of the clerks of the superior courts, as amended, so as to provide that said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index-book herein provided; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 24-2715, relating to additional duties of the clerks of the superior courts, as amended, is hereby amended by adding at the end of subsection 8 of said Code section the following: Said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index-book herein provided. Said card index must be kept in locked glass door cabinets, or in cabinets with sliding trays with locked covers, in such a manner that the cards cannot be removed or replaced except by the clerk of the court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record., so that when so amended said subsection 8 of Code section 24-2715 shall read as follows: 8. The clerk of the superior court shall provide, at the expense of each county, a duplex index book, wherein shall be indexed the names of grantor and grantee of every instrument recorded in his office, the character of the instrument, date of the instrument, book where recorded, and the date of the record. The name of the grantor as listed on such index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by such owner or by some other person, firm or corporation on behalf of such owner, and whether or not such owner is deceased, and an appropriate notation shall be made as to the capacity of the person, firm or corporation executing such instrument on behalf of such owner. Said clerk may provide a suitable cross-reference card-index system for indexing the records in this paragraph enumerated in lieu of a duplicate index book herein provided. Said card index must be kept in locked glass door cabinets, or in cabinets with sliding trays with locked covers in such a manner that the cards cannot be removed or replaced except by the clerk of the court or any of his authorized employees. When the indexing cycle is complete, which shall be at least annually, the card index shall be photocopied and bound in a permanent record.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. RULES FOR INTERPRETATION OF CONTRACTS. Code 20-704 Enacted. No. 869 (House Bill No. 726). An Act to amend Code Chapter 20-7, relating to the construction of contracts, as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), so as to provide for certain rules of interpretation to be applied in arriving at the true meaning of contracts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 20-7, relating to the construction of contracts, as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), is hereby amended by inserting between Code sections 20-703 and 20-705 a new Code section to be numbered 20-704, and to read as follows: 20-704. Rules of interpretation .The following rules, among others, may aid in arriving at the true interpretation of contracts: 1. Parol evidence is inadmissible to add to, take from, or vary a written contract. All the attendant and surrounding circumstances may be proved, and if there is an ambiguity, latent or patent, it may be explained; so if a part of a contract only is reduced to writing (such as a note given in pursuance of a contract), and it is manifest that the writing was not intended to speak the whole contract, then parol evidence is admissible.

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2. Words generally bear their usual and common signification; but technical words, or words of art, or used in a particular trade or business, will be construed, generally, to be used in reference to this peculiar meaning. The local usage or understanding of a word may be proved in order to arrive at the meaning intended by the parties. 3. The custom of any business or trade shall be binding only when it is of such universal practice as to justify the conclusion that it became, by implication, a part of the contract, except in regard to those transactions covered by the Uniform Commercial Code. 4. The construction which will uphold a contract in whole and in every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part. 5. If the construction is doubtful, that which goes most strongly against the party executing the instrument, or undertaking the obligation, is generally to be preferred. 6. The rules of grammatical construction usually govern, but to effectuate the intention they may be disregarded; sentences and words may be transposed, and conjunctions substituted for each other. In extreme cases of ambiguity, where the instrument as it stands is without meaning, words may be supplied. 7. When a contract is partly printed and partly written, the latter part is entitled to most consideration. 8. Estates and grants by implication are not favored. 9. Time is not generally of the essence of a contract; but, by express stipulation or reasonable construction, it may become so. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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GEORGIA WATER QUALITY CONTROL ACT. No. 870 (House Bill No. 730). An Act to create within the Department of Public Health a Division of Georgia Water Quality Control and a State Water Quality Control Board for the utilization of the water resources of the State; to provide a statement of policy; to define certain words and phrases; to provide for the appointment, terms and compensation of the members of the Board and the procedure connected therewith; to define the powers, duties and functions of the Division, the Board and the officials thereof; to provide for the employment of personnel and their compensation; to authorize the Board to utilize the personnel of existing departments or divisions of the State Government; to place the Division and employees thereof under the State Merit and the State Employees' Retirement System; to provide for transfer of certain facilities, personnel, funds and functions; to re-establish and reconstitute the transferred facilities; to provide for transfer of certain liabilities and obligations; to provide that certain legal proceedings shall not abate; to prohibit pollution; to define the method of obtaining permits for the disposal of sewage, industrial and other wastes in the waters of the State; to define the procedure connected therewith; to provide for the revocation of permits; to define the procedure connected therewith; to provide for review and appeals therefrom; to authorize the Water Quality Control Board to apply to the superior courts of this State for certain injunctive relief; to provide a penalty for the violation of this Act and actions taken in pursuance thereof; to authorize the Water Quailty Control Board to receive and use Federal funds and other assistance; to authorize and empower the Board to accept and use gifts; to authorize the State to make grants to assist in construction of water pollution control projects which qualify for Federal aid and assistance; to provide that the Department of Public Health shall provide certain personnel office and business administration services; to provide procedure in the event of conflict of laws; to provide for severability; to provide an effective

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date; to repeal certain specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act may be cited as the Georgia Water Quality Control Act. Section 2. Policy Declared . The people of the State of Georgia are dependent upon the rivers, streams, lakes and sub-surface waters of the State for public and private water supply and for agricultural, industrial and recreational uses; therefore, it is hereby declared to be the policy of the State of Georgia that the water resources of the State shall be utilized prudently to the maximum benefit of the people in order to restore and maintain a reasonable degree of purity in the waters of the State, and to require where necessary, reasonable treatment of sewage, industrial wastes, and other wastes prior to their discharge into the waters of the State. To achieve this end, the government of the State shall assume responsibility for the quality of said water resources and the establishment and maintenance of a water quality control program adequate for present needs and designed to care for the future needs of the State provided that nothing contained herein shall be construed to waive the immunity of the State for any purpose. This requires that an agency of the State be created within the State Department of Public Health and that this agency be charged with the foregoing duty and that it have authority to require the use of reasonable methods after having considered the technical means available for the reduction of polution and the economic factors involved to prevent and control the pollution of the waters of the State. Further, it is the intent of this Act to provide administrative facilities and procedure within the executive branch of the government for determining pollution of the waters of the State, and to confer discretionary administrative authority upon the agency to take these and related circumstances into consideration in its decisions and actions in determining, under the conditions and specific cases, those

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procedures to best protect the public interest. Section 3. Definitions . The following words and phrases as used in this Act shall, unless different meaning is required by the context, have the following meaning: (a) Department shall mean the Department of Public Health in the State of Georgia. (b) Division shall mean the Division for Georgia Water Quality Control created within the Department of Public Health. (c) Board shall mean the State Water Quality Control Board of the State of Georgia as created by this Act. (d) Waters or waters of the State, includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or sub-surface water, natural or artificial, lying within or forming a part of the boundaries of the State which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (e) Person, means any individual, corporation and partnerships and other unincorporated associations and may extend and be applied to bodies politic and corporate. (f) Pollution, means any alteration of the physical, chemical, or biological properties of the waters of this State, including change of the temperature, taste, or odor of the waters, or the addition of any liquid, solid, radioactive, gaseous, or other substances to the waters or the removal of such substances from the waters, which will render or is likely to render the waters harmful to the public health, safety, or welfare, or harmful or substantially less useful for domestic, municipal, industrial, agricultural, recreational, or other lawful uses, or for animals, birds, or aquatic life. (g) Sewage, the water-carried waste products or discharges from human beings or from the rendering of animal

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products, or chemicals or other wastes from residences, public or private buildings, or industrial establishments, together with such ground, surface or storm water as may be present. (h) Industrial wastes, any liquid, solid or gaseous substance or combination thereof resulting from a process of industry, manufacture, or business or from the development of any natural resources. (i) Other wastes means liquid, gaseous, or solid substances, except industrial wastes and sewage, which may cause or tend to cause pollution of any waters of the State. (j) Sewage system means sewage treatment works, pipe lines or conduits, pumping stations and force mains and all other constructions, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes or other wastes to the point of ultimate disposal. (k) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this Act. Section 4. Water Quality Control BoardMembers, Appointment, Terms, Compensation, ExpensesOrganization, Meetings . To effectuate the purposes of this Act, there is hereby created within the Department of Public Health a Division to be known as the Division for Georgia Water Quality Control. The Division shall be under the supervision and direction of a State Water Quality Control Board. The State Water Quality Control Board herein created shall be composed of nine (9) persons to be appointed by the Governor. Of the nine members appointed by the Governor, there shall be one selected from each of the following representative interests: (1) Department of Public Health of the State of Georgia, who shall be chairman of such Water Quality Control Board; (2) soil and water conservation; (3) municipal government; (4) commerce; (5) agriculture; (6) industrial; (7) recreational; fish and wildlife; (8) county government; and (9) one shall be selected from the public at

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large. The foregoing nine appointed members shall serve for four-year terms, except that of the first appointments, three shall be appointed for one year, two for two years, two for three years, and two for four years, and the Governor may fill any vacancy in the appointed membership of the Board and may remove any appointed member for cause. All members of the Board except those who are paid officials of the State of Georgia shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State boards. All members of the Board who are paid officials or employees of the State of Georgia shall be reimbursed for actual expenses incurred in connection with their duties. At the first meeting of the Board and annually thereafter, the members shall select one of its members to serve as Vice Chairman. The members of the Board shall select a qualified executive secretary for the Board who shall act as its administrative agent. The Board shall hold at least four regular quarterly meetings at such time and place as it may provide. The Chairman may call a special meeting on his initiative and he shall call a special meeting on the request of any five Board members. All members shall be duly notified of the time and place of any regular or special meeting at least five days in advance thereof. A majority of the members of the Board shall constitute a quorum for the transaction of any and all business. Section 5. Powers and Duties of Board . In the performance of its duties, the Board may: (1) Conduct or co-operate in research for the purpose of developing economical and practicable methods of preventing and controlling pollution; (2) Co-operate with agencies of the Federal Government and with other agencies of the State and political subdivisions thereof;

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(3) Enter into agreements and compacts with other States and with the United States, relative to the prevention and control of pollution in any State waters and on water quality matters, in accordance with the constitutions and statutes of Georgia. In the performance of the duties, the Board shall: (1) Exercise general supervision over the administration and enforcement of this Act and all rules, regulations and orders promulgated hereunder: (2) Act in the interest of the people of the State to restore and maintain a reasonable degree of purity in the waters of the State; (3) Encourage voluntary co-operation by all persons in the State in restoring and maintaining a reasonable degree of purity in the waters of the State; (4) Survey the waters of the State to determine the extent, character and effects of existing conditions of pollution; (5) Prepare and develop a general comprehensive plan for the prevention of any further pollution and reduction of existing pollution after a thorough study of existing practices and available research; (6) Administer and enforce the laws of the State relating to the prevention and control of pollution; (7) Hold hearings to determine whether or not an alleged pollution is contrary to the public interest; (8) Adopt rules and procedures for the conduct of meetings and hearings. In all hearings relative to violations, or for other procedures under this Act, the rules of evidence shall be followed; (9) Adopt rules and regulations it deems necessary for the proper administration of this Act, which rules and regulations

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shall be promulgated jointly by the Water Quality Control Board and the Department of Public Health. Such rules and regulations shall contain a date on which they are to become effective, and on such date they shall become effective and have the force and effect of law. Copies of such rules and regulations shall be made available to the public. (10) Establish or revise standards of water purity for any of the waters of this State, which specify the maximum degree of pollution permissible in accordance with the public interest in water supply, the conservation of fish, game and aquatic life, and agricultural, industrial and recreational uses. Prior to establishing or revising the standards of water purity, the Board shall consider the technical means available for the reduction of pollution and the economical factors involved. (11) Require any marine toilet or other disposal unit located on or within any boat operated on waters of this State to have securely affixed to the interior discharge toilet or unit a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the Board or some other treatment or facility or method authorized by regulation of the Board. All sewage passing into or through the marine toilet or units shall pass solely through the said device. All boats located upon the waters of this State are subject to inspection by the Water Quality Control Board or its duly authorized agents at any time for the purpose of determining compliance with the provisions of this paragraph; provided, however, that this paragraph does not apply to ocean going vessels of 20 tons displacement or more. (12) Make investigations and inspections to insure compliance with this Act, the rules and regulations issued pursuant hereto, and any orders that the Board may adopt or issue. (13) Issue an order or orders directing any particular person or persons to secure within the time specified therein

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such operating results as are reasonable and practicable of attainment toward the control, abatement, and prevention of pollution of the waters of the State and the preservation of the necessary quality for the reasonable use thereof. Such orders may be entered only after an opportuity to be heard has been afforded under the provisions of section 12 hereof. (14) Exercise all incidental powers necessary to carry out the purposes of this Act. Section 6. Executive Secretary of DivisionCompensation, Qualifications, Bond, Oath, Office . The Executive Secretary shall devote full time to the work of the Division, and shall be paid a salary to be fixed by the Board. Any person, in order to be eligible for appointment to the office of Executive Secretary, shall be a person of good moral character and must be an engineer qualified in the field of sanitary engineering. Such person must also have such further qualifications as the Board may require. The Executive Secretary shall be allowed reimbursement for travel and other expenses necessarily incurred in the performance of his duties the same as other State officers and employees and shall receive payment of same in the manner herein provided for members of the Board. Before entering upon the discharge of his official duties, the Executive Secretary shall give bond, in an amount fixed by the Board, payable to the Governor and his successors in office and conditioned such that he will truly and faithfully account for all monies coming into his hands by virtue of his office during the time that he shall continue therein. The premium cost of such bond shall be paid out of funds made available to the Division. The Executive Secretary shall take an oath to faithfully discharge the duties of his office, to account for all monies coming into his hands by virtue of his office, and as may otherwise be required by law. The Division and the Executive Secretary shall have such office space in a suitable building site as may be designated by proper State authorities.

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Section 7. Powers, Duties and Responsibilities of the Executive Secretary .The Executive Secretary shall be the executive head and administrative officer of the Division for Georgia Water Quality Control. He shall perform the duties required of him by provisions of this Act, and as may otherwise be required of him by policies, rules, and regulations established or promulgated by the Board. He is charged with administration and supervision of the Division and the facilities and institutions of the Division, and shall enforce the provisions of this Act and the policies, rules and regulations of the Board, to exercise all authority and power and perform all duties, functions and responsibilities vested in the Division by provisions of this Act or any other provisions of law, State or Federal, and may delegate performance of the same or any part thereof to any one (1) or more employees of the Division. He shall prescribe such forms, establish such procedures, and secure such reports, data and information as may be necessary and appropriate to the efficient administration of the Division, to the ultimate accomplishment of the purposes of this Act, and to the performance of duties and functions of the Division as set forth in this Act. The Executive Secretary of the Division shall perform the above duties and functions under the supervision of the State Water Quality Control Board. Section 8. Employees: Employment, Discharge, Conformity to Merit System and Employees' Retirement System and Use of Existing Agencies .The Division shall, immediately upon its creation, organize and thereafter conform itself in all respects to the State Merit System of Personnel Administration. All employees of the Division, except the members of the Board, shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualifications, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be established under the State Merit System of Personnel Administration Act approved February 4, 1943 (Ga. L. 1943, p. 171) providing for the establishment of a Merit System Council, as may now or hereafter be amended. The Division shall likewise conform to Federal standards for a merit system of personnel administration in

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the respects necessary for receiving Federal grants and the Board is hereby authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. Personnel who enjoy merit system status in the Department of Public Health or in any other department or agency or State government who are transferred by provisions of this Act to the Division for Georgia Water Quality Control shall retain their status in equivalent positions, but such transfer of status shall not operate to prevent reorganization of functions and consequent reclassification of positions by the Board in conjunction with the Merit System Council. The Division is hereby authorized to employ, on a full or part-time basis, such professional personnel, clerical and other employees, as may be necessary to discharge the duties of the Division. The Division is authorized to contract for professional services as may be necessary. The Board shall, in conjunction with the Merit System Council, define the duties and establish education, experience and age qualifications for all personnel to be employed by the Division, and shall prescribe the salaries, compensation and emoluments of all professional, clerical and other employees of the Division in conformity with requirements and standards of the State Merit System. In the performance of its duties, under this Act, the Board insofar as practicable shall make use of the technical and clerical personnel within the Department of Conservation, State Game and Fish Commission, and the Department of Agriculture. The Board may also request and receive the assistance of any other State Department or Division or any State educational institution. All personnel of the Division shall be employed and dismissed for cause by the Executive Secretary in accordance with rules and regulations as may be promulgated by the Board in regard thereto. Employees of the Division shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.

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All personnel of the Division, except members of the Board, are hereby authorized to be members of the Employees' Retirement System of Georgia established by an Act approved February 3, 1949 (Ga. L. 1949, p. 138), as the same may now or hereafter be amended. All rights, credits and funds in said Retirement System which are possessed by State personnel transferred by provisions of this Act to the Division for Georgia Water Quality Control, or otherwise had by persons at the time of employment with the Division, are hereby continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits or funds to which they may be entitled prior to becoming employees of the Division for Georgia Water Quality Control. Section 9. Transfer of Facilities, Personnel, Funds and Functions; Legal Successor All facilities, resources, property and equipment heretofore utilized for Water Quality Control or other purposes defined in this Act which are now under the administrative control of the Department of Public Health, and all authority, duties, functions, and responsibilities respecting such facilities, and their administration, control, conduct, and operation which, prior to enactment of this Act, was vested in the Department of Public Health, or any other department, agency, bureau, instrumentality or official of the State of Georgia, are hereby transferred to the Division for Georgia Water Quality Control, and whenever the Department of Public Health or any other such department, agency, bureau, instrumentality or official of the State of Georgia is referred to in any Act of the General Assembly in connection with such authority, duties, functions, and responsibilities or administration, control, conduct, or operation of such facilities, it shall be deemed to refer to the Division for Georgia Water Quality Control. All State employees and personnel employed on the effective date of this Act at the facilities transferred to the Division for Georgia Water Quality Control by the preceding paragraph, and all employees and personnel of the Department of Public Health who, on the effective date of

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this Act, are engaged exclusively in performance of the stated purposes of this Act, are hereby transferred to the Division for Georgia Water Quality Control. All funds from private sources, and all appropriations, allocations and other funds, State or Federal, now available or to become available to the State or to the Department of Public Health by virtue of any statute or constitutional provision, or continuation thereof, for the administration, control, conduct or operation of facilities transferred to the Division by this Section or for payment of salaries or wages of employees and personnel transferred to the Division by this Section or otherwise for the performance of powers, duties, and functions herein vested in the Division, are hereby transferred to the Division for Georgia Water Quality Control. All water quality control and other functions, duties and responsibilities provided for in this Act, are hereby transferred to the Division for Georgia Water Quality Control and any reference to such department or departments, agency, bureau, instrumentality or official in any such Act of the General Assembly shall be deemed to refer to the Division for Georgia Water Quality Control. The facilities transferred to the Division by this Section are hereby reestablished, reconstituted, and shall continue in existence and operation under the jurisdiction and control of the Division for the purposes provided for herein. All liabilities and obligations respecting said facilities, contractual or otherwise, are hereby transferred to and shall be assumed by the Division as legal successor thereto. No legal proceedings shall be abated because of any transfers made in this Section, but the appropriate party exercising like authority or performing like duties, functions or responsibilities shall be substituted in said proceedings. Section 10. Water Pollution UnlawfulSewage and Waste Discharges into Waters RegulatedPermits RequiredRevocation, Notice: (1) It shall be unlawful to use any waters of the State for

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the disposal of sewage, industrial wastes, or other wastes, except in such a manner as to conform to and comply with all rules, regulations, orders, and permits established under the provisions of this Act and applicable to the waters involved; (2) No person, without first securing from the Board a permit, shall construct, install or modify any system for disposal of sewage, industrial wastes, or other wastes or any extension or addition thereto when the disposal of the sewage, industrial wastes or other wastes constitutes pollution as defined in this Act; increase the volume or strength of any sewage, industrial wastes or other wastes in excess of permissive discharges specified under any existing permit; or construct or use any new outlet for the discharge of any sewage, industrial wastes or other wastes into the waters of the state which constitutes pollution as defined in this Act; (3) Any person desiring to erect or modify facilities or commence or alter an operation of any type which will result in the discharge of sewage, industrial wastes or other wastes into the waters of the state shall apply to the Board for a permit to make such discharge as defined in this Act. The Board, under the conditions it prescribes, may require the submission of such plans, specifications and other information as it deems relevant in connection with the issuance of the permits. The Board shall determine whether or not the discharge will cause a condition of pollution contrary to the public interest. The Board may issue a permit which authorizes the person to make the discharge, and may specify on the permit the conditions under which the discharge shall be made. The Board may revoke or modify any permit if the holder of the permit is found to be in violation of subsection 2, or if the holder of the permit fails to operate an existing facility as specified in the approved plan. No permit may be revoked or modified without first giving thirty days' written notice to the holder of the permit of intent to revoke or modify the permit. Section 11. Board to Furnish Technical Information as

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to Methods of Reducing PollutionCooperation in Prevention of Pollution: (1) Whenever the Board determines that any person is discharging sewage, industrial waste or other wastes into any waters of the State in a degree which prevents the water from meeting the established standards of water purity, the Board shall act to secure the person's co-operation in the reduction or elimination of the detrimental effects of the discharge; (2) The Board shall supply to the person causing the pollution technical and scientific information as may be helpful in reducing or eliminating the polluting effects of the discharge, but the responsibility for development and application of means of preventing pollution rests with the person causing the pollution; (3) Whenever any person refuses to co-operate with the efforts of the Board to reduce pollution, the Board may issue its order to bring about the reduction or elimination of the pollution; (4) The Board, however, shall allow any person a reasonable time to make the necessary financial arrangements or make other necessary preparations for the elimination of pollution resulting from the operation by said person, before issuing or enforcing an order to bring about the reduction or elimination of the pollution. Section 12. Action on permits Subject to HearingProcedure: (1) Whenever a person takes exception to any order of the Board or any action relative to a permit, the person may request and obtain a hearing before the Board by filing a petition with the Board. Hearings shall be conducted by the Board itself; (2) In connection with the hearing, the Chairman of the Board shall issue subpoenas requested by any party to the hearing requiring the attendance and testimony of witnesses

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and the production of evidence relevant to any matter involved in the hearing, under the same powers and limitations that exist in reference to enforcing the presence and testimony of witnesses in courts of record in this State; and also in accordance with the provisions of an Act relating to perpetuation of testimony, to depositions and interrogatories and to the procedure in statutory discovery, approved March 25, 1959 (Ga. L. 1959, p. 425). (3) Any member of the Board or the executive secretary may administer oaths and examine witnesses. Witnesses shall receive the same fees and mileage as provided for in civil cases, to be paid by the Board; (4) The Board shall give the petitioner thirty days' written notice of the time and place of the hearing to allow the person taking exception to the action of the Board a reasonable time to collect evidence and prepare data. The petitioner and any other interested party may appear at the hearing, present, examine and cross-examine witnesses and submit evidence; (5) The Board shall keep a record of the proceedings in the hearing and shall issue an order and decision in accordance with its findings. Unless otherwise agreed by all parties, the Board shall cause all proceedings in hearings before it to be taken down stenographically by a competent stenographer. Any party may have a copy of all or any part thereof upon paying the proper charges therefor. The order and decision shall be final in the absence of an application for review and must be concurred in by a majority of the appointed members of the Board who shall have considered the evidence in the proceeding before voting thereon. Section 13. Judicial Review of Action on Permits . Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the Board directed to such person and affecting the operation of any industrial plant, county, municipality or community shall have the right to appeal to the superior court of Fulton

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County or to the superior court in the county wherein the pollution is alleged to be taking place or has taken place, at the option of the aggrieved or adversely affected party. Such appeal shall be by petition which shall be filed with the Board within 15 days after receiving notice of the final decision, finding or order. The petitioner shall at such time notify the Board to which superior court he has elected to hear said appeal. Within 15 days after receipt of such application for review and notice, the Board shall transmit to the superior court of said county, a certified copy of the entire record of the proceedings under review, including a transcript of evidence. The filing of such application shall not act as to stay of enforcement of the Board's decision, finding or order, unless so ordered and directed by the reviewing court. The proceeding in the superior court shall be de novo, and upon the termination of said proceeding, the court shall render its decision approving, setting aside or modifying the order or action appealed from. The Board or any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior court to the appellate courts of this State. Section 14. Investigation of ViolationsEnforcement Actions . The Board shall have authority to investigate any apparent violation and to make any action authorized hereunder it deems necessary, and may, after a public hearing has herein been provided, institute appropriate actions to enforce the provisions of this Act by proper legal proceedings. Section 15. Annual Reports of Board . Annual reports shall be made and filed by the Board with the Governor and members of the General Assembly. Section 16. Agents of Board may Enter Premises for Inspection . Any duly appointed agent of the Board may enter private or public property at reasonable times to inspect or investigate conditions relating to pollution and to inspect the operating records of any sewage system, waste treatment work or sewage disposal plant; provided, that no person shall be required to disclose any secret

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formula, process or methods used in any manufacturing operations carried on by him or under his direction, or any confidential information concerning business activities carried on by him or under his supervision. Section 17. Rights of Action not alteredRiparian Owner's Rights . Nothing in this Act alters or abridges any right of action now or hereafter existing in law or equity, civil or criminal, nor is any provision of this Act construed as stopping any person, as a riparian owner or otherwise, from exercising his rights to suppress nuisances or to abate any pollution now or hereafter existing. Section 18. Information Obtained by Board Not Admissible in Evidence and Private Actions . Information directly affecting any person obtained by duly authorized agents of the Board from studies, surveys, investigations, reports or from other sources as provided in this Act shall not be admissible in evidence in any actions at law or equity involving private rights or riparian owners other than the State. Section 19. Attorney General to Represent Board . It shall be the duty of the Attorney General to represent the Board and/or its agents or designate some member of his staff to represent them in all actions in connection with this Act. Section 20. Emergency Orders by Board; Immediate Effect; Hearing . Whenever the Board finds that an emergency exists requiring that such action be taken as it deems necessary to meet the emergency notwithstanding any other provisions of this Act, such order shall be effective immediately. Any person to whom such order is directed, shall comply therewith immediately but on application to the Board shall be afforded a hearing as soon as possible. On the basis of such hearing, the council shall continue such order in effect, revoke it or modify it. Section 21. Application by Board for Injunction to Prevent Violation of Act . Whenever in the judgment of the Board any person has engaged in or is about to engage in

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any act or practice which constitutes or will constitute any violation of this Act, the Board may make application to the superior court of the county where such person resides, or if non-resident of this state, then to the superior court of the county where such person is engaged in or is about to engage in such act or practice for an order enjoining and restraining such act or practice, and upon a showing by the Board that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing a lack of adequate remedy at law. Section 22. Penalty for Violation of Act . Any person violating any provision of this Act or failing, neglecting, or refusing to comply with any final order of a court, lawfully issued as herein provided, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. Each day of continued violation after conviction shall constitute a separate offense. Section 23. Board's Powers in Co-operation with the United States . The State Water Quality Control Board is hereby designated as the water pollution agency of the State for all purposes of any Federal Water Pollution Control Act and may: (1) Take all necessary or appropriate action to obtain for the State the benefits of any Federal Act; (2) Apply for, receive and use Federal funds made available under any Federal Act; (3) Approve projects for which loans or grants under any Federal Act are made to any municipality or agency of the State; (4) Participate through its authorized representatives in proceedings under any Federal Act and recommend measures for the reduction of water pollution originating within the State.

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(5) To receive and expend on behalf of the State all funds which now or hereafter may become available or allotted to the State of Georgia by virtue of any appropriation or Act of Congress or regulation of the Federal government, its agencies and instrumentalities, or is appropriated by the General Assembly, for water quality control or any other purpose defined in this Act to be administered by the Division as provided in this Act. The Division is hereby authorized to use so much of funds as may be appropriated by the General Assembly for the purpose of matching Federal grants as may be necessary to secure such grants and derive full advantage to the State of benefits contemplated under the terms of such grants, and to comply with the terms of such grants. Section 24. Power to accept and use gifts . The Board is hereby authorized and empowered to receive, accept, hold and use on behalf of the State and for purposes provided for in this Act, gifts, grants, donations, devises and bequests of real, personal and mixed property of every kind and description. Section 25. Grants for counties and municipalities .The State of Georgia is hereby authorized to make grants, as funds are available, to any county, municipality, or any combination of the same to assist them in the construction of those portions of water pollution control projects which qualify for Federal aid and assistance under the provisions of Title 33, Section 466-466k of the United State Code Annotated, as now or as may hereafter be amended. Section 26. Amount of grant .The State's contribution toward the construction of water pollution control projects shall not exceed thirty (30%) per cent of the eligible cost of each such project. It is the intent and purpose of Sections 25, 26, 27, 28 and 29 to provide State funds only for such projects or portions of such projects as qualify under the provisions of the aforesaid Federal Act and which receive Federal grants thereunder. Section 27. Water Quality Control Board to administer grants .The Water Quality Control Board shall be the

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agency for the administration of the funds granted by the State. The administration of said granted funds shall be done in direct conjunction with the administration of Federal funds granted for water pollution control projects. Section 28. Program to be consistent with Federal Act . The determination of the relative need, the priority of projects, and the standards of construction shall be consistent with the provisions of Title 33, Section 466-466k of the United States Code Annotated, as now or hereafter amended. Section 29. Rules and regulations .The Water Quality Control Board is hereby empowered to adopt such rules, regulations and procedures to be followed in applying for State grants herein authorized as shall be necessary for the effective administration thereof. Section 30. Division for Development and Administration of Program The Division for Georgia Water Quality Control is constituted a Division of the Department of Public Health, and said Department shall furnish personnel office and business administration services to the Division in order to effectuate administrative economy in the operation of the Division and to prevent duplication of administrative costs. Section 31. Conflict of Laws Nothing in this Act is intended to conflict with any provision of Federal law or result in loss of eligibility of the Division, the Department of Public Health, or any department of State government to any Federal funds. In case such a conflict or loss of Federal funds should occur by virtue of enactment of any portion of this Act, then the Board is authorized and empowered in such event to take such action as may be necessary and to effect such changes within the Division as may be necessary to prevent loss of such funds to the Division, the Department of Public Health, or any other department of State government affected and to secure to the same the full benefit of the Federal laws.

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Section 32. Severability Section 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. Section 33. Specific Laws Repealed An Act known as the Georgia Water Resources Commission Act, approved March 7, 1957 (Ga. L. 1957, p. 264), and an Act known as the Georgia Water Quality Control Act, approved March 13, 1957 (Ga. L. 1957, p. 629), are hereby repealed, and the provisions of this Act are enacted in lieu thereof. The repeal of said Acts and laws shall in no case or event be deemed or held to have the effect of restoring, revising or reenacting any prior Acts or laws previously repealed. Section 34. Effective Date This Act shall become effective on the 1st day of July, 1964. Section 35. Stock Repealer All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 872 (House Bill No. 791). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), and an Act approved February

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27, 1963 (Ga. L. 1963, p. 32), so as to provide that the Commissioner shall not register or renew the registration of a vehicle for which title application is required under this Act until the required certificate of title has been issued or applied for; to provide that applications for certificate of title need not be made at the same time application for registration or change of registration is made; to provide that the custody of the certificate of title shall be in the security interest holder, if any, and if none, in the owner; to provide for the issuance of a non-negotiable copy of the title certificate; to provide that said copy shall be mailed to the first security interest holder, if any; to provide that any such security interest holder shall forward said copy to the owner; 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 3, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 79), and an Act approved February 27, 1963 (Ga. L. 1963, p. 32), is hereby amended by striking subsection (c) of section 6 in its entirety and inserting in lieu thereof the following: (c) When the owner of a vehicle is required to have a certificate of title, the Commissioner shall not register or renew the registration of such vehicle until a certificate of title has been issued or applied for; the Commissioner may accept as evidence of the issuance or application of a title certificate a sworn affidavit from the applicant for registration. Certificates. Section 2. Said Act is further amended by striking subsection (a) of section 8 and inserting in lieu thereof the following: (a) The application for the first certificate of title of a vehicle in this State shall be made by the owner to the Commissioner on the form he prescribes. Said application shall contain:

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(1) The name, residence and mail address of the owner; (2) A description of the vehicle including, so far as the following data exists: its make, model, identifying number, type of body, the number of cylinders, and whether new or used; Applications. (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 date thereof; and (4) Any further information the Commissioner reasonably requires to identify the vehicle and to enable him to determine whether the owner is entitled to a certificate of title and the existence or non-existence of security interests in the vehicle and liens on the vehicle. Section 3. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof the following: Section 12. (a) The certificate of title shall be mailed to the holder of the first security interest or lien named in it along with a non-negotiable copy of such title certificate. In the event there is no security interest holder or lien named in such certificate, then the certificate of title shall be mailed directly to the owner. Procedure. (b) If the certificate of title is mailed to a security interest holder or lien holder, such person shall notify by mail all other lien or security interest holders that he has received the certificate of title. The notice shall inform the security interest holder or lien holder of the contents and information reflected on such certificate of title. 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. The holder of any such lien or security interest shall, within five (5) days after the receipt of the certificate, mail the non-negotiable copy of the title certificate to the owner.

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(c) The security interest or lien holder may retain custody of the certificate of title until his claim has been satisfied. The security interest holder or lien holder having custody of a certificate of title must deliver the certificate of title to the next lien holder or security interest holder within 10 days after his lien or security interest has been satisfied, and if there is no other security interest holder or lien holder, he must deliver the certificate of title to the owner. Section 4. Said Act is further amended by striking the second and third sentences of subsection (c) of section 22, and substituting in lieu thereof the following: If more than one holder is named on the certificate, the first holder shall comply with the provisions of section 12 (b) in regards to notifying other holders of the content of the certificate. so that when so amended subsection (c) of Section 22 shall read as follows: (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 on it. If more than one holder is named on the certificate, the first holder shall comply with the provisions of section 12(b) in regards to notifying other holders of the content of the certificate. Certificates. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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GUARDIAN AND WARDAPPLICATIONS TO SELL, ETC. WARDS ESTATES. Code 49-204 Amended. No. 873 (House Bill No. 867). An Act to amend Code section 49-204, relating to applications by guardians to sell, lease, exchange and encumber the estates of their wards and the procedure connected therewith, as amended, so as to establish the procedure to be followed in such applications and provide for service thereof; 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 applications by guardians to sell, lease, exchange and encumber the estates of their wards and the procedure connected therewith, as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 49-204, to read as follows: 49-204 . Whenever any guardian shall deem it necessary or in the best interest of his ward to sell, lease, exchange or encumber the estate of the ward, or any part thereof, such guardian shall file with the ordinary of the county of the guardian's appointment, or, in the case of a foreign guardian, the ordinary of the county in which the property, or any part thereof, of the ward may be situated, a petition setting forth the facts, describing the property which the guardian proposes to sell, lease, exchange or encumber, the disposition to be made of the proceeds of such sale, lease or encumbrance, which may include reinvestment in other property, and the terms of the sale, lease or encumbrance proposed. Citation shall be issued upon such petition and published as provided by law in the case of applications by administrators to sell land. (a) If the ward is a minor, and resides within this state, he shall be served personally with a copy of the petition and citation.

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If the ward is a minor and resides without the state, or is without the state, the ordinary may provide for substituted service upon such minor. In any such case, service upon such minor by registered mail addressed to him at his last known address, as furnished by the guardian, shall be deemed sufficient. (b) If the ward is not a minor, but an incompetent for whom a guardian has been appointed pursuant to the laws of this state, or any other state or jurisdiction, he or she shall be personally served, if within this state, as hereinabove provided with respect to service upon minors residing within this state. If such incompetent ward does not reside within this state, or is without the state, service upon such incompetent ward by registered mail addressed to his last known address as furnished by the guardian, as in the case of service upon non-resident minors, shall be deemed sufficient: Provided, however, that if any such incompetent ward is a patient in any hospital, sanitarium, insane asylum, or any similar institution located within or without the State of Georgia, service upon such incompetent ward shall be perfected by delivery of a copy of the petition and citation to such incompetent by a member of the staff of the institution where the incompetent is confined who shall make a certificate of such delivery and return the same to the ordinary issuing the citation. (c) In every case provided for by this section, the ordinary shall, upon the filing of the petition, appoint a guardian ad litem for the ward, and shall cause service of the petition and citation to be made upon such guardian ad litem. (d) At the time the citation is returnable, or thereafter, the ordinary shall consider the petition, and shall hear evidence thereon; and if he shall determine from a consideration of the evidence and the report of the guardian ad litem that the proposed transaction is fair and in the best interest of the ward, he shall by appropriate order permit the sale, lease, exchange or encumbrance, and direct the

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disposition of the proceeds of any such sale or encumbrance: Provided, however, that in any case the ordinary may require that any sale of land of the ward be at public outcry as in the case of administrator's sales and subject to confirmation by the ordinary. The provisions of this section shall not be deemed to be exclusive of other provisions of law authorizing sales by guardians, but shall be deemed to be cumulative thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. LUMPKIN SUPERIOR COURTTERMS. No. 874 (House Bill No. 875). An Act to provide for the terms of the Superior Court of Lumpkin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the year 1964 the terms of the Superior Court of Lumpkin County shall be on the third Monday in March and on the second Monday in September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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EMPLOYMENT SECURITY LAWAMENDED. Code 54-628, 54-650.1 Amended. Code 54-650.2 Enacted. No. 879 (House Bill No. 939). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), so as to provide for the transfer from the State Revenue Commissioner to the Commissioner of Labor of the responsibility and authority for the collection of delinquent taxes due the State of Georgia by reason of the Employment Security Law; to provide for the vesting of the responsibility and authority in the Commissioner of Labor for the collection of such delinquent taxes; to provide additional methods and procedures for the collection of such delinquent taxes; to provide that the director of the Employment Security Agency shall exercise all authority granted by the Employment Security Law to the Commissioner of Labor which the Commissioner of Labor may delegate to him in writing with respect to the collection of taxes under said Law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.), as amended, (now the Employment Security Law), be and the same is hereby amended as follows: Section 2. By striking in its entirety subsection (e) of section 14 (Section 54-650.1, Ga. Ann. Code), and by substituting in lieu of said subsection a new subsection (e) to read as follows: (e) Execution for collection of tax; affidavit of illegality .In addition to any other method provided by law for the collection of contributions, any contribution not paid when

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due, including any interest, penalty and costs thereon, may be collected by the Commissioner of Labor, by and with the same authority as is contained in sections 92-3306 and 92-8443 of the Code of Georgia Annotated providing for the collection of taxes by the State Revenue Commissioner. If any contribution, or tax, imposed by this Chapter is not paid within 10 days after notice and demand from the Commissioner of Labor, the Commissioner shall issue an execution directed to the sheriff, or his lawful deputies, of any county of the State, requiring said officer to levy upon and sell the real or personal property of any delinquent taxpayer, found within his county, in sufficient amount to satisfy the said execution so issued, together with penalties, interest, and all costs of executing and collecting the said execution, and to return such execution to the Commissioner of Labor, together with all such sums collected under and by virtue thereof, by a time to be therein specified, not more than 60 days from the date of the execution. The sheriff of any such county shall, within 10 days after the receipt of any such execution from the Commissioner of Labor, file the same, together with his entry of levy, with the clerk of the superior court of the county of the taxpayer's residence, and it shall thereupon be the duty of the clerk of the superior court to enter the said execution on the general execution docket of the superior court of said county in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by the superior court of this State, and said execution when so docketed shall become a lien on the title to and interest in all real and personal property of the said taxpayer against whom the said execution was issued in the same manner as if the said judgment has been duly issued from the superior court of taxpayer's residence and duly recorded on the general execution docket: Provided that nothing herein contained shall prevent the Commissioner of Labor from having said fi. fa. entered upon the general execution docket prior to the time the same is turned over to the seriff for collection and when said fi. fa. is so entered on the general execution docket it shall be entitled to all the priorities accorded to other tax executions under the general law of this State, from the date of record. The sheriff shall

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thereupon proceed upon the same in all respects, with like effect and under the same rules as prescribed by the general laws relating and with respect to executions issued by any superior court of this State or other court of record, and shall be entitled to the same fees for his services in executing and collecting the said execution as allowed by law for like services to be collected under any superior court execution. In the event that any taxpayer may desire to contest the said execution, he may do so by filing an affidavit of illegality with the levying officer at the time of the levy, arresting the same as now prescribed by the general laws relating to the filing of affidavits of illegality, and when said affidavit of illegality is so filed and the tax is paid or bond for the eventual condemnation money is given it shall be the duty of the levying officer to return the said execution, together with the affidavit of illegality and bond, and in case of personal property, bond for the forthcoming of the property, to the clerk of the superior court of the county of the taxpayer or defendant in execution, and the superior court of the said county shall then and there, at the first or next term, cause the said issue so made to be tried by a jury in the superior court of the county of the residence of the taxpayer, under the same rules of law and evidence as prevail in this State. It shall be the duty of counsel for the Employment Security Agency to represent the Commissioner of Labor when any such cases or contests made by affidavits of illegality are filed in any county or any legal action in courts results from the issuance of any execution. The Commissioner of Labor, with respect to the administration of the Employment Security Law and the collection of contributions thereunder, shall have all of the rights, authority and prerogatives provided the State Revenue Commissioner for securing reports and the collection of taxes as contained in Title 92 of the Code of Georgia Annotated. Section 3. Said Act is further amended by adding a new and additional subsection lettered (f) to section 14 (to be codified as section 54-650.2 of the Code of Georgia Annotated) to read as follows: (f) Taxes made personal debt; attachement and garnishment;

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levy .All contributions, or taxes, under this chapter are hereby made a personal debt of the person required hereunder to file the returns or to pay the taxes imposed hereby. The Commissioner of Labor, or his authorized representative, may attach the property of a delinquent taxpayer on any ground provided by section 8-101 of the Code of Georgia Annotated or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Commissioner of Labor, or his authorized representative, may use garnishment to collect the tax imposed by this Chapter. Garnishment may be issued by the Commissioner of Labor in the same manner as is provided for the issuance of garnishment by tax collectors in Chapter 92-75 of the Code of Georgia Annotated. In case of neglect or refusal by a taxpayer to pay any taxes under this Chapter due the State, the Commissioner of Labor, or his authorized representative, may levy upon all property and rights to property, except such as are exempt by law, belonging to such taxpayer, for the payment of the sum due, with interest and penalty for nonpayment, and also of such further sum as shall be sufficient for the fees, costs and expenses of such levy. The Commissioner of Labor, or his authorized representative, may levy and conduct judicial sales in the manner now provided for sales by sheriffs and constables. Levy, in the case of personal property, shall be advertised 10 days before the date of sale, which advertisement shall designate the time and place of sale, giving a reasonable description of the property to be sold, and be posted in three public places in the county, and inserted at least one time in the newspaper in which sheriff's sales in such county are advertised. The sale shall be at the courthouse of the county in which the property levied on is situated, and be between the hours of 10 a.m. and four o'clock p.m. In the event the levy is upon real property, the said Commissioner of Labor, or his authorized representative, after making said levy, shall make a return of such levy on the execution to the sheriff of the county in which the property is located, and such sheriff shall proceed to advertise and sell the same as required by law. Section 4. Said Act is further amended by adding a new

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and additional paragraph to section 10 (Section 54-628 Ga. Ann. Code) to read as follows: The director shall exercise all authority granted by law to the Commissioner of Labor which the Commissioner of Labor may delegate to him in writing with respect to the collection of contributions, or taxes, due under this Chapter. He shall execute all documents and papers, including assessments for taxes, executions for taxes, jeopardy assessments, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execution, assessment, or other document signed and executed by the director of the Employment Security Agency shall be of the same force and effect as if signed and executed by the Commissioner of Labor. Directors' authority. Section 5. Nothing in this Act shall be construed to affect executions heretofore issued by the State Revenue Commissioner for delinquent taxes due the State of Georgia under the provisions of the Georgia Employment Security Law and all executions, affidavits of illegality, suits and other proceedings relating to taxes or contributions pursuant to the Georgia Employment Security Law shall be prosecuted by the Commissioner of Labor to final judgment and conclusion. Intent. Section 6. This Act shall become effective as of April 1, 1964. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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DEPARTMENT OF LABORAPPROPRIATION OF FUNDS. No. 882 (House Bill No. 958). 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 for the improvement, repairs and alterations to lands and buildings used in the administration of the Employment Security Law; 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 others things necessary to effectuate the purchase of lands and construction thereon of buildings and the procurement of lands and buildings for such purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. There is hereby appropriated to the Department of Labor out of the funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, an additional amount of $591,935.15. 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 $472,685.15 authorized to be allocated for expenditure by the Commissioner

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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 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 sum of $3,500.00 is authorized to be allocated for expenditure by the Commissioner of Labor for the payment of the cost of repairs to and the alterations and improvement of lands and buildings acquired by the State and which is being used or is to be used in connection with the administration of the Employment Security Law; that of said additional amount, the sum of $100,000.00 is authorized for expenditure in payment of the cost of equipment used in connection with the administration of the Employment Security Law; that of said additional amount, the sum of $13,250.00 is authorized to be allocated for expenditure in payment of administrative expense; and the remaining sum of $2,500.00 is authorized to be allocated for expenditure by the Commissioner of Labor for repairs and maintenance of equipment used in connection with the administration of the Employment Security Law; the cost of each of the above items which 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 shall not exceed the limitations provided in Section 9 (c) (C) of the Employment Security Law, as amended. 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.

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Section 2. Be it further enacted, that the Commissioner of Labor is authorized to allocated any unexpended amounts herein appropriated, for expenditure in payment of the cost of lands and buildings or equipment, repairs and alterations to lands and buildings or equipment used or for other expense incurred in connection with the administration of the Employment Security Law, as herein provided. Section 3. Be it further enacted, that the Commissioner of Labor shall have complete authority to carry out the purposes of this Act, and all provisions of Section 9 and 13 of the Employment Security Law, as amended, shall be applicable to this Act. Section 4. Be it further enacted, that the Commissioner of Labor is expressly authorized and empowered to engage the services of all necessary appraisers, architects, engineers and contractors, and to enter into and execute all contracts necessary to effectuate the declared purposes 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, and the expenditure of any funds appropriated herein must have the approval of the Budget Bureau. Section 5. Be it further enacted, that all laws or parts of laws inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistency. Section 6. Be it further enacted, that this Act shall become effective on the day immediately following the date of enactment, the public welfare requiring it. Approved March 11, 1964.

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CURRENT INCOME TAX PAYMENT ACT AMENDED. Code 92-3305b Amended. No. 886 (House Bill No. 1012). An Act to amend Title 92 (`Public Revenue'), Division I (`Sources of Revenue'), Part IX (`Income Taxes'), Chapter 92-33B (`Current Income Tax Payment Act'), subsection (a) of section 92-3305b (`Quarterly returns and payments of tax') of the 1933 Code of Georgia, as amended, so as to extend the time for reporting and paying the amount of tax withheld from employees' wages, or the tax required to be paid by the Current Income Tax Payment Act, under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That subsection (a) of section 92-3305b of the 1933 Code of Georgia, as amended, which relates to the time within which an employer is required to make a return of and pay the amount of tax withheld from employees' wages or the tax due under the Current Income Tax Payment Act, to be amended by adding at the end of said subsection the following: Provided: that no such calendar quarterly return shall be due and no tax owing or withheld shall be paid under the provisions of this Subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for such calendar quarter or quarters equals or exceeds twelve dollars and fifty cents ($12.50) or until the fourth calendar quarterly return is due, whichever occurs first; provided: further, that the extension of time contained in this provision for reporting and for paying the amount withheld from employees' wages or the tax required to be paid by this Act shall in no way affect any other provision of this Act.,

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so that said subsection, when so amended, shall read as follows: (a) Quarterly returns .Every employer required to deduct and withhold any tax under this Chapter and every person who deducts and withholds any amount from any wage payments under the authority of this Chapter shall make a calendar quarterly return to the Commissioner on a form prescribed by him and shall pay therewith the tax required to be paid under this Chapter for such calendar quarter, or the amount withheld from employees' wages during such calendar quarter under the authority of this Chapter. Such quarterly return and the payment of the required tax shall be due not later than the last day of the month following the close of the calendar quarter. Provided: that no such calendar quarterly return shall be due and no tax owing or withheld shall be paid under the provisions of this Subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for such calendar quarter or quarters equals or exceeds twelve dollars and fifty cents ($12.50) or until the fourth calendar quarterly return is due, whichever occurs first; provided: further, that the extension of time contained in this provision for reporting and for paying the amount withheld from employees' wages or the tax required to be paid by this Act shall in no way affect any other provision of this Act. Section 2. The provisions of this Act shall be effective for all taxable years beginning on or after January 1, 1964. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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INCOME TAXPENALTIES FOR FAILURE TO FILE, OR FALSE, RETURNS. Code 92-3211 Amended. No. 887 (House Bill No. 1013). An Act to amend Title 92 (`Public Revenue'), Division I (`Sources of Revenue'), Part IX (`Income Taxes'), Chapter 92-32 (`Returns and Furnishing of Information'), of the 1933 Code of Georgia, as amended, so as to provide a new schedule of penalties for failure to file a timely return, and for the filing of a false or fraudulent return, in lieu of the schedule of penalties now provided by Code section 92-3211; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 92-3211 of the Code of Georgia, as amended, which relates to penalties for late filing of, and failure to file, return, and for the filing of a false or fraudulent return, be stricken in its entirety and a new Code section 92-3211, as follows, be enacted in lieu thereof: 92-3211. Penalties; failure to file a timely return; false or fraudulent return .(a) Failure to file a timely return. In the case of any taxpayer who fails or refuses to file a return required by this law within the time prescribed by law, there shall be added to the tax a penalty equivalent to 25 percent of the tax. (b) False or fraudulent return. In the case of any taxpayer who files a false or fraudulent return, there shall be added to the tax a penalty equivalent to 50 percent of the tax. The amounts so added as penalties shall be collected as a part of the tax. Section 2. This Act shall become effective upon its approval by the Governor, or at such other time as it may

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become law, for taxable years ending on and after such date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. BOARD OF REGENTSCOMPENSATION. Code 32-111 Amended. No. 891 (House Bill No. 1065). An Act to amend Code section 32-111, providing that members of the Board of Regents shall each receive the sum of $7.00 for each day of actual attendance at the meetings of the Board or on tours of inspection, in lieu of expenses incurred in connection therewith and actual cost of certain transportation, so as to provide that said members shall receive no salary, but shall receive the sum of $20.00 for each day of actual attendance at meetings of the Board or on tours of inspection, in addition to actual expenses incurred therewith and actual cost of certain transportation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-111, providing that members of the Board of Regents shall each receive the sum of $7.00 for each day of actual attendance at the meetings of the Board or on tours of inspection, in lieu of expenses incurred in connection therewith and actual cost of certain transportation, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 32-111 to read as follows: 32-111 . The members of the Board shall receive no salary, but shall receive the sum of $20.00 per day for each day of actual attendance at meetings of the Board or on

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tours of inspection, in addition to actual expenses incurred in connection therewith, and actual cost of transportation to and from the place of meeting or place of visits or inspections of the respective institutions by the nearest practical route from their respective homes. The sums, expenses and costs to be paid from funds appropriated to or otherwise available to the Board of Regents of the University System of Georgia on presentation of vouchers by said members of the Board approved by the Chairman and signed by the Executive Secretary. No member shall be authorized to receive the sums, expenses and costs provided in this section for more than 30 days per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. GEORGIA HISTORICAL COMMISSIONMEMBERS, ETC. No. 892 (House Bill No. 1091). 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), and an Act approved March 3, 1962 (Ga. L. 1962, p. 515), so as to increase the membership of the board of commissioners; 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 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), and an Act approved March 3, 1962 (Ga. L. 1962, p. 515), is hereby amended by striking from section 2 the word five, and inserting in lieu thereof the word

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nine, so that when so amended section 2 shall read as follows: Section 2. The Georgia Historical Commission shall be under the direction and supervision of a board of commissioners (hereinafter referred to as the board) which shall be composed of nine individuals appointed by the Secretary of State. In making appointments, the Secretary of State shall select citizens conversant with the history of the State and qualified to direct and supervise the work of the commission. Board. Section 2. Said Act is further amended by adding at the end of Section 3 a new paragraph to read as follows: Four additional members of the board shall be appointed by the Secretary of State to take office January 1, 1965. The Secretary of State shall appoint one of said members for a one year term, one for a two year term, one for a three year term, and one for a four year term. Successors to such members shall be appointed for four year terms. Terms. etc. Section 3. 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. Any five members of the board shall constitute a quorum and shall be authorized to transact the business of the board and discharge the duties and exercise the powers of the board enumerated in this Act. Quorum, etc. Section 4. This Act shall become effective January 1, 1965, except that the Secretary of State is hereby authorized to make the appointments of the four additional members of the board provided for herein during the month of December, 1964. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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TAX RETURNS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 92-6201 Amended. No. 904 (House Bill No. 1126). An Act to amend Code section 92-6201 of the Code of Georgia of 1933, as amended, providing for the time for making tax returns so as to provide that counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, the time for closing books for the return of taxes shall be on the 31st day of January of each year; to provide that any person, firm or corporation subject to taxation in any such county who fails to return taxes during the time the tax books are open and who returned or paid taxes during the preceding year in any such county shall be deemed to have returned taxes on the same property and at the same value for the current year as taxes were returned or paid next preceding in that county; to provide the effective date of the Act; 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: Section 1. Code section 92-6201 of the Code of Georgia of 1933, as amended, providing for the time for the making of tax returns be, and the same is hereby, amended by adding at the end thereof the following language: Except in counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, the time for closing books for the return of taxes shall be on the 31st day of January of each year; any person, firm or corporation subject to taxation in any such counties who fails to return taxes during the period the tax books are open and who returned or paid taxes during the preceding year in any such counties, shall be deemed to have returned taxes on

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the same property and at the same valuation for the current year as taxes were returned or paid in the year next preceding in that county. Section 2. This Act shall become effective January 1, 1965. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 11, 1964. PENALTIES FOR FAILURE TO RETURN PROPERTY FOR TAXATION IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. Code 92-6913 Amended. No. 905 (House Bill No. 1127). An Act to amend Code section 92-6913, as amended, describing the duty of the board of tax assessors to ascertain what property is subject to taxation and describing penalty for unreturned taxes 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 such census, where the owner failed to return property for taxes during the period the books were open the penalty provided for unreturned property shall apply only to such property as was acquired since the last tax return made by such owner not returned prior to the expiration of the time for making returns; to provide the effective date of the Act; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That Code section 92-6913 of the Code of Georgia, as amended, providing for the duties of the board

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of tax assessors to ascertain what property is subject to taxation and describing penalties for unreturned property be, and the same is hereby, amended by adding at the end thereof the following language: Except that in counties having a population of 250,000 but not more than 500,000, according to the 1960 United States Census or any future such census, where the owner of property fails to return property by himself or his agent as provided by law while the tax books are open the penalty for unreturned property provided above shall apply only to such property as the owner has acquired since his last tax return and which was not returned prior to the expiration of the time for making tax returns. Section 2. This Act shall become effective on January 1, 1965. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 11, 1964. LEGISLATIVE SERVICES COMMITTEEDESIGNATION, ETC., OF OFFICE SPACE. No. 911 (House Bill No. 1215). An Act to amend an Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), so as to provide for the designation and assignment of space for the Legislative Branch of the Government and the control, authority and jurisdiction thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Legislative Services Committee and the Office of Legislative Counsel, approved

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March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Committee shall study and recommend methods and procedures to more efficiently operate the General Assembly and each branch thereof. It shall provide for the revision and codification of the laws of this State, beginning and continuing at and for such time as may be determined by the Committee, such revision and codification being subject to adoption by the General Assembly and approval by the Governor. The Committee shall provide services and facilities equally available to each and every member of both branches of the General Assembly, including but not limited to, legislative counseling, bill drafting, and the providing of legislative reference material. The Committee is hereby authorized and empowered to designate which of the rooms, chambers, offices, and other areas on the third and fourth floors of the Capitol Building and on the mezzanine between such third and fourth floors, shall be used by the Legislative Branch of the Government. When so designated, the Committee is hereby granted complete control, authority and jurisdiction over such rooms, chambers, offices and other areas. All assignments for the use of such rooms, chambers, offices and other areas by the General Assembly, the Senate, the House, Committees of the Senate and House, and other agencies of the Legislative Branch of the Government shall be made by the Committee. Any such designation or assignment shall be subject to change by the Committee. No other Branch of the Government, or any department or agency thereof, shall use any such room, chamber, office or other area without specific written authorization from the Committee or under such other procedure as the Committee shall prescribe. The Committee is hereby authorized to delegate its powers with regard to any such room, chamber, office or other area in connection with the assignment for use by any other Branch of the Government, or any department or agency thereof, and in connection with the maintenance, repairing, construction,

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reconstruction, and refurbishing thereof in such manner as it deems advisable. The Committee is hereby authorized and empowered to adopt such procedures as it deems advisable for the purpose of carying out the provisions of this paragraph. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. GAME AND FISHHONORARY FISHING LICENSES FOR BLIND PERSONS. No. 913 (Senate Bill No. 197). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 974), so as to provide for honorary fishing licenses for tatally blind residents of the State of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 974), is hereby amended by adding at the end of the second subparagraph (a) of the second paragraph of section 31 the following: All legal residents of Georgia who are totally blind and who shall apply to the commission shall be issued an honorary fishing license which shall entitle the holder thereof

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to fish within this state without the payment of any fee whatsoever., so that when so amended said subparagraph (a) shall read as follows: (a). All legal residents of Georgia who are 65 years of age or more and who apply to the commission shall receive an honorary hunting and fishing license which shall entitle the holder thereof to hunt and fish without the payment of any fee whatsoever. All legal residents of Georgia who are totally blind and who shall apply to the commission shall be issued an honorary fishing license which shall entitle the holder thereof to fish within this state without the payment of any fee whatsoever. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. COSTS OF TRIALS, ETC. INVOLVING INMATES OF STATE PRISON SYSTEM. No. 914 (Senate Bill No. 210). An Act to provide that the whole costs of the case and expenses of the trial involving an inmate of the State Prison System shall be borne by the State Board of Corrections under certain conditions; to provide for payment to the governing authority of the county in which the trial was conducted; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The whole costs of the case and expenses of the trial involving an inmate of the State Prison System charged with the violation of any criminal statute shall be

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borne by the State Board of Corrections; provided the offense was committed by such inmate within the confines of the State Prison or a branch of the State Prison System. The costs and expenses of the trial shall include, but shall not be limited to, the cost of the sheriff, bailiff, clerks, jurors, and jail fees and shall be paid by the State Board of Corrections to the governing authority of the county in which the trial was conducted for proper disposition. Section 2. The clerk of the superior court from the county in which the trial was conducted shall submit a statement of charges certified by the judge of the superior court or the judge of the city court, to the State Board of Corrections which shall pay said charges out of the appropriations provided therefor in accordance with schedules authorized by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. VEHICLE EQUIPMENT SAFETY COMPACT. No. 915 (Senate Bill No. 274). An Act to provide that the State of Georgia shall be a party to The Vehicle Equipment Safety Compact; to enact said compact into law; to declare certain legislative findings; to provide for the designation for the Georgia member to the Vehicle Safety Commission; to provide for the approval of any rule; regulation or code issued by said Commission; to provide for contracts; to provide for the cooperation with the Commission of various departments and agencies of the State government; to provide for the submission of budgets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Vehicle Equipment Safety Compact is hereby enacted into law and entered into with all other

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jurisdictions legally joining therein in the form substantially as follows: Vehicle Equipment Safety Compact . Article I. Findings and Purposes . (a) The party States find that: (1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare. (2) There is a vital need for the development of deleterious effect on the public welfare. (2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles. (b) The purposes of this compact are to: (1) Promote uniformity in regulation of and standards for equipment. (2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety. (3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this Article. (c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

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Article II. Definitions . As used in this compact: (a) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (b) State means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (c) Equipment means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants. Article III. The Commission . (a) There is hereby created an agency of the party states to be known as the Vehicle Equipment Safety Commission, hereinafter called the Commission. The Commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his functions on the Commission, either for the duration of his membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given to the Commission in such form as the Commission may require. Each Commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the Commission for expenses actually incurred in attending Commission meetings or while engaged in the business of the Commission. (b) The commissioners shall be entitled to one vote each on the Commission. No action of the Commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the Commission are cast in favor thereof. Action of the Commission shall be only at a meeting at which a majority of the commissioners, or their alternates are present.

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(c) The Commission shall have a seal. (d) The Commission shall elect annually, from among its members, a chairman, a vice chairman and a treasurer. The Commission may appoint an Executive Director and fix his duties and compensation. Such Executive Director shall serve at the pleasure of the Commission, and together with the Treasurer shall be bonded in such amount as the Commission shall determine. The Executive Director also shall serve as secretary. If there be no Executive Director, the Commission shall elect a Secretary in addition to the other officers provided by this subdivision. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the Executive Director with the approval of the Commission, or the Commission if there be no Executive Director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the Commission's functions, and shall fix the duties and compensation of such personnel. (f) The Commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the Commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the Commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The Commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The Commission may borrow, accept or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions. (h) The Commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and

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services, conditional or otherwise, from any state, the United States, or any other governmental agency and may service, utilize and dispose of the same. (i) The Commission may establish and maintain such facilities as may be necessary for the transacting of its business. The Commission may acquire, hold, and convey real and personal property and any interest therein. (j) The Commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The Commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all Commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide. (k) The Commission annually shall make to the governor and legislature of each party state a report covering the activities of the Commission for the preceding year, and embodying such recommendations as may have been issued by the Commission. The Commission may make such additional reports as it may deem desirable. Article IV. Research and Testing . The Commission shall have power to: (a) Collect, correlate, analyze and evaluate information resulting or derivable from research and testing activities in equipment and related fields. (b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken. (c) Contract for such equipment research and testing as one or more governmental agencies may agree to have

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contracted for by the Commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing. (d) Recommend to the party states changes in law or policy, with emphasis on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems. Article V. Vehicular Equipment . (a) In the interest of vehicular and public safety, the Commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the Commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this Article. No less than sixty days after the publication of a report containing the results of such study, the Commission upon due notice shall hold a hearing or hearings at such place or places as it may determine. (b) Following the hearing or hearings provided for in subdivision (a) of this Article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the Commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the Commission will be fair and equitable and effectuate the purposes of this compact. (c) Each party state obligates itself to give due consideration to any and all rules, regulations and codes issued by the Commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment. (d) The Commission shall send prompt notice of its action in issuing any rules, regulation or code pursuant to

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this Article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code. (e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any Commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state. (f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this Article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein. (g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation or code issued by the Commission pursuant to this Article if such agency specifically finds, after public hearing on due notice, that a variation from the Commission's rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the Commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision. Article VI. Finance . (a) The Commission 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 party state for presentation to the legislature thereof. (b) Each of the Commission's budgets of estimated expenditures shall contain specific recommendations of the

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amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the Commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations. (c) The Commission shall not pledge the credit of any party state. The Commission may meet any of its obligations in whole or in part with funds available to it under ARTICLE III (h) of this compact, provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under Article III (h) hereof, the Commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. (d) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the Commission 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 reports of the Commission. (e) The accounts of the Commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the Commission. (f) Nothing contained herein shall be construed to prevent Commission compliance with laws relating to audit

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or inspection of accounts by or on behalf of any government contributing to the support of the Commission. Article VII. Conflict of Interest . (a) The Commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the Commission and contractors with the Commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the Commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment or business, any violation of a Commission rule or regulation adopted pursuant to this Article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the Commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the Commission subject to cancellation by the Commission. (b) Nothing contained in this Article shall be deemed to prevent a contractor for the Commission from using any facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the Commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities. Article VIII. Advisory and Technical Committees . The Commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

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Article IX. Entry Into Force and Withdrawal . (a) This compact shall enter into force when enacted into law by any six or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article X. Construction and Severability . This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. Section 2. The legislature finds that: 1. The public safety necessitates the continuous development, modernization and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion. 2. The public safety further requires that such standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation. Findings of General Assembly.

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3. The Department of Public Safety, acting upon recommendations of the Vehicle Equipment Safety Commission and pursuant to the Vehicle Equipment Safety Compact provides a just, equitable and orderly means of promoting the public safety in the manner and within the scope contemplated by this act. Section 3. Pursuant to Article V (e) of the Vehicle Equipment Safety Compact, it is the intention of this state and it is hereby provided that no rule, regulation or code issued by the Vehicle Equipment Safety Commission in accordance with Article V of the compact shall take effect until approved by resolution of the General Assembly. Intent. Section 4. The commissioner of this state on the Vehicle Equipment Safety Commission shall be the Director of the Department of Public Safety who shall serve during his continuance as such. Commissioner. Section 5. The employees of the Commission shall be under such merit system as the Commission shall provide and, for the purposes of carrying out the provisions of Article III (f) of the compact, the Commission 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 Commission pursuant to Article III (f) of the compact. No such contract shall take effect prior to its approval by the Governor. Merit system, etc. Section 6. Within appropriations available therefor, the departments, agencies and officers of the government of this State may cooperate with and assist the Vehicle Equipment Safety Commission within the scope contemplated by Article III (h) of the compact. The departments, agencies and officers of the government of this State are authorized generally to cooperate with said Commission. Assistance. Section 7. Filing of documents as required by Article III (j) of the compact shall be with the Director of the Department of Public Safety. Any and all notices required by Commission bylaws to be given pursuant to Article

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III (j) of the compact shall be given to the Commissioner of this State or his alternate, if any. Section 8. Pursuant to Article VI (a) of the compact, the Vehicle Equipment Safety Commission shall submit its budgets to the Governor for presentation to the General Assembly. Budget. Section 9. Pursuant to Article VI (e) of the compact, the State Auditor is hereby empowered and authorized to inspect the accounts of the Vehicle Equipment Safety Commission. Audits. Section 10. The term executive head as used in Article IX (b) of the compact shall, with reference to this State, mean the Governor. Governor. Section 11. No such rule, regulation, or code shall have the effect of law in Georgia until a statute shall have been enacted by the General Assembly as provided by law enacting the same. Intent. Section 12. Nothing herein shall be construed as creating an obligation for funds of the State until the same shall have been approved by specific appropriation of the General Assembly. Appropriations. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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EFFECT OF VOLUNTARY DEEDS. Code 29-401.1 Enacted. No. 918 (Senate Bill No. 311). An Act to enact a new Code section 29-401.1 to prescribe the effect of voluntary deeds to land and to provide for the recording of such deeds and prescribe the effect thereof and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chapter 29-4 of the Code of Georgia of 1933, as amended, relating to the recording of deeds, is hereby amended by adding thereto a new Code section to be known as Code section 29-401.1 and to read as follows: 29-401.1. Voluntary deeds and conveyances of land; recording; effect as notice .Every voluntary deed or conveyance of land made by any person shall be void as against subsequent bona fide purchasers for value without notice of such voluntary conveyance; provided, however, that if said voluntary deed or conveyance is recorded in accordance with Georgia Code section 29-401, such voluntary deed or conveyance has priority, as provided in said Code section, over subsequent deeds or conveyances to the described land. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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MOTOR VEHICLESPENALTIES FOR SIZE AND LOAD LIMITATIONS. No. 922 (Senate Bill No. 338). An Act to amend an Act approved March 27, 1941 (Ga. L. 1941, p. 449) as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 83) and an Act approved March 17, 1960 (Ga. L. 1960, p. 1107) which Act relates to the governing and regulating of the use of the public highways of this State, by providing for dimensions, length and weights of motor vehicles and providing penalties for the violation of same, so as to provide that in such cases the judges shall have discretion in imposing fines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved March 27, 1941 (Ga. L. 1941, p. 449) as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 83) and an Act approved March 17, 1960 (Ga. L. 1960, p. 1107) which act relates to the governing and regulating of the use of public highways of this State, by providing for dimensions, length and weights of motor vehicles and providing penalties for the violation of same, is hereby amended by striking the words following the colon in the first sentence of section 3 of said Act and by substituting therefor the following: Section 3.....provided, however, that for any such violation the judge in his discretion may impose a fine of one cent per pound for the first 1,000 pounds of excess weight, plus two cents per pound for the next 2,000 pounds of excess weight, plus three cents per pound for the next 2,000 pounds of excess weight, plus four cents per pound for the next 3,000 pounds of excess weight, plus five cents per pound for all excess weight above 8,000 pounds. So that said section when so amended shall read:

Page 477

Section 3. Any person violating this Act or operating any motor vehicle on the public roads or highways of this State having a greater length than authorized by this Act or with a gross weight in excess of that permitted by this Act, shall be guilty of a misdemeanor and, on conviction shall be punished as provided by law: provided, however, that for any such violation the Judge in his discretion may impose a fine of one cent per pound for the first 1,000 pounds of excess weight, plus two cents per pound for the next 2,000 pounds of excess weight, plus three cents per pound for the next 2,000 pounds of excess weight, plus four cents per pound for the next 3,000 pounds of excess weight, plus five cents per pound for all excess weight above 8,000 pounds. One-half of all money arising from such fines and forfeitures shall be remitted by the clerk of the court in which said case is disposed of, to the Treasurer of the State Highway Department of Georgia, who shall convey same into the General Fund of the State Treasury, and the other half of such money shall be paid by said clerk into the fine and forfeiture fund of the county treasury in the same manner and subject to the same rules of distribution as other fines and forfeitures. The Budget Bureau shall make available to the State Highway Department an amount not less than the amount taken in by the State under the provisions of this section. This sum shall be for highway maintenance purposes and shall be in addition to any sums now appropriated to or available to said department. It shall be the duty of the Department of Public Safety, and of all other law enforcement officers, to enforce this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964.

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CONGRESSIONAL DISTRICTS. Code 34-2301 Amended. No. 923 (Senate Bill No. 276). An Act to amend Code section 34-2301, relating to congressional districts and the composition thereof, so as to designate the counties and portions thereof which shall compose the ten congressional districts of Georgia; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-2301, relating to congressional districts and the composition thereof, is hereby amended by striking said Section in its entirety and inserting in lieu thereof a new Code section 34-2301 to read as follows: 34-2301. Congressional districts .The State is hereby divided into 10 congressional districts, each of said districts being entitled to elect one Representative to the Congress of the United States. The districts shall be composed of the following counties, or portions thereof, respectively: First District : Bryan, Bulloch, Burke, Candler, Chatham, Effingham, Emanuel, Evans, Jenkins, Johnson, Laurens, Liberty, Long, McIntosh, Montgomery, Screven, Tattnall, Toombs, Treutlen and Wheeler. Second District : Baker, Brooks, Calhoun, Clay, Colquitt, Crisp, Decatur, Dougherty, Early, Grady, Miller, Mitchell, Quitman, Randolph, Seminole, Terrell, Thomas, Tift, Turner and Worth. Third District : Chattahoochee, Crawford, Dooly, Harris, Houston, Lee, Macon, Marion, Muscogee, Peach, Pulaski, Schley, Stewart, Sumter, Talbot, Taylor, Twiggs, Webster and Wilkinson. Fourth District : DeKalb County, plus Rockdale County and that part of Fulton County described as follows:

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(a) The present 36th senatorial district, as the same is constituted and described in Code section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct., Ex. Sess. p. 7); and (b) All of that part of the 35th senatorial district, as the same is constituted and described in Code Section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct., Ex. Sess. p. 7), lying easterly of Capitol Avenue and southeasterly of Butler Street and south of the Georgia Railway; and (c) All of that part of the 37th senatorial district, as the same is constituted and described in Code section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct., Ex. Sess. p. 7), which is described as follows: Beginning at the intersection of Butler Street and its point of intersection with the line dividing the 36th and 37th senatorial districts, as the same are constituted and described in Code section 47-102, relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess. p. 7) thence along the center of Butler Street northeasterly to its intersection with Edgewood Avenue; thence northerly along the center of Butler Street to the intersection of Forest Avenue; thence easterly down the center line of Forest Avenue to its intersection with Bedford Place; thence northerly along the center line of Bedford Place to its intersection with Ponce de Leon Avenue; thence continuing northerly across Ponce de Leon, northerly down the center line of Argonne Avenue to a point where Argonne Avenue intersects with Tenth Street; thence easterly along the center line of Tenth Street to the center of the right-of-way of the Southern Railway; thence northerly, northwesterly and northeasterly along the western boundary line of the 37th senatorial district to its intersection with the line dividing Fulton and DeKalb Counties; thence south along the east boundary lines of the 37th senatorial district to the south boundary line of the 37th senatorial

Page 480

district dividing the 36th and the 37th senatorial districts; thence westerly along the southern line of the 37th senatorial district to the point of beginning. Fifth District : Fulton, with the exception of the territory of Fulton County embraced within the Fourth District as set forth hereinabove. Sixth District : Bibb, Butts, Carroll, Clayton, Coweta, Fayette, Heard, Henry, Jones, Lamar, Meriwether, Monroe, Pike, Spalding, Troup and Upson. Seventh District : Bartow, Catoosa, Chattooga, Cobb, Dade, Douglas, Floyd, Gordon, Haralson, Murray, Paulding, Polk, Walker and Whitfield. Eighth District : Appling, Atkinson, Bacon, Ben Hill, Berrien, Bleckley, Brantley, Camden, Charlton, Clinch, Coffee, Cook, Dodge, Echols, Glynn, Irwin, Jeff Davis, Lanier, Lowndes, Pierce, Telfair, Ware, Wayne and Wilcox. Ninth District : Banks, Barrow, Cherokee, Dawson, Elbert, Fannin, Forsyth, Franklin, Gilmer, Gwinnett, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Pickens, Rabun, Stephens, Towns, Union and White. Tenth District : Baldwin, Clarke, Columbia, Glascock, Greene, Hancock, Jasper, Jefferson, Lincoln, McDuffie, Morgan, Newton, Oconee, Oglethorpe, Putnam, Richmond, Taliaferro, Walton, Warren, Washington and Wilkes. Section 2. In order to effectuate the purposes of this Act and to comply with the provisions of the State Constitution, the memberships of all Constitutional boards, commissions, authorities, committees, departments, councils, and other bodies where appointments are made on the basis of congressional districts are hereby reconstituted and reorganized and all new appointments to said boards and bodies necessitated by the provisions of this Act shall be made by the Governor in accordance with the provisions of the State Constitution and applicable statutes. Constitutional boards, etc.

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In making the reappointments to said boards and bodies as hereinbefore set forth, the Governor shall, insofar as constitutionally possible, reappoint the same persons to said boards and bodies who presently constitute the memberships thereof and shall preserve the staggered terms of said members as provided by law. Nothing contained herein shall in any way affect any of the terms of the appointments made pursuant to the Constitution of the State of Georgia. Section 3. In order to further effectuate the purposes of this Act, all members of statutory boards, commissions, authorities, committees, departments, councils and other bodies where appointments have been made on the basis of congressional districts shall serve out their present terms and shall not be affected in any manner by the provisions of this Act. Upon the expiration of the terms of the present members of said bodies or should a vacancy occur in the term of any member presently serving on any such body by death, resignation or otherwise, the successors in office shall be appointed under the provisions of redistricting as provided in this Act and from the new congressional district of the county in which the vacancy occurred. In the event any such appointment as aforesaid would result in such district having more than one member, the Governor shall appoint a person from another district having no member previously appointed to represent such district. Statutory boards, etc. Section 4. This Act shall be applicable to the members of the United States House of Representatives who are elected for the 1965-66 term and to those who are elected for future terms. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1964.

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CRIMINAL PROCEDUREPUNISHMENT IN FELONY CASES NOT PUNISHABLE BY LIFE IMPRISONMENT. Code 27-2502, 27-2503, 27-2526 Repealed. No. 924 (Senate Bill No. 212). An Act to repeal an Act approved March 24, 1939 (Ga. L. 1939, p. 285), otherwise known as Code section 27-2526, which provides for an indeterminate sentence in cases of felonies not punishable by life imprisonment; to repeal an Act approved August 18, 1919 (Ga. L. 1919, p. 387), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 352), and otherwise known as Code section 27-2502, which provides also for indeterminate sentences in cases of felonies not punishable by life imprisonment; to repeal an Act approved December 23, 1833 (Ga. L. 1833, p. 208), otherwise known as Code section 27-2503, which provides for indeterminate sentences imposed by the court upon entry of pleas of guilty; also to provide for determinate sentences for a specific number of years in jury cases of felonies not punishable by life imprisonment; to provide that the judge rather than the jury shall impose a determinate sentence in cases of pleas of guilty; to provide the sentencing judge with the power to suspend or probate said sentences and to revoke said probations; to provide that a judge shall have no authority to suspend or probate the sentences after the beginning of the service of the sentences in the penal institution of Georgia; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 24, 1939 (Ga. L. 1939, p. 285), otherwise known as Code section 27-2526, which provides for an indeterminate sentence in cases of felonies not punishable by life imprisonment is hereby repealed in its entirety. Code 27-2526 repealed. Section 2. An Act approved August 18, 1919 (Ga. L. 1919, p. 387), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 352), and otherwise known as Code section

Page 484

27-2502, which provides also for indeterminate sentences in cases of felonies not punishable by life imprisonment is hereby repealed in its entirety. Code 27-2502 repealed. Section 3. An Act approved December 23, 1833 (Ga. L. 1833, p. 208), otherwise known as Code section 27-2503, which provides for indeterminate sentences imposed by the court upon entry of pleas of guilty is hereby repealed in its entirety. Code 27-2503 repealed. Section 4. The following is hereby enacted in lieu of the above repealed provisions: The jury in their verdict on the trial of all cases of felonies not punishable by life imprisonment shall not prescribe an indeterminate sentence for a minimum and maximum term, but shall prescribe a determinate sentence for a specific number of years, which shall be within the minimum and maximum prescribed by law as the punishment for said crime, and the judge in imposing the sentence shall sentence said convicted person to the penitentiary in accordance with the verdict of the jury. However, the judge imposing said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he thinks proper. The judge is also empowered with the right and authority to revoke said suspension or probation when the defendant has violated and of the rules and regulations prescribed by the court. In cases of pleas of guilty, the judge, and not the jury, shall prescribe a determinate sentence for such specific number of years as he may see fit; provided, that after the term of court at which sentence is imposed the superior court judges shall have no authority to suspend, probate, modify or change the sentences of said prisoners except as otherwise provided. Sentences in certain felony cases. Section 5. Nothing herein shall be construed to preclude either the jury or the judge from reducing the punishment for felonies to misdemeanors as provided by an Act approved March 24, 1939 (Ga. L. 1939, p. 285). Intent. Section 6. This Act shall be effective as to crimes committed after July 1, 1964. Effective date.

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Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. CRIMINAL PROCEDUREMISDEMEANOR PUNISHMENT. Code 27-2506 Amended. No. 925 (Senate Bill No. 213). An Act to amend Code section 27-2506, defining the punishment for misdemeanor, as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), so as to redefine the punishment for misdemeanors; to provide that the sentencing courts shall retain jurisdiction over certain sentences; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2506, defining the punishment for misdemeanor, as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 477), is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 27-2506 to read as follows: 27-2506 . Except where otherwise provided, every crime declared to be a misdemeanor shall be punished either: (a) by a fine not to exceed $1,000 or by confinement in the county or other jail, county public works camp or such other places as counties may provide for maintenance of county prisoners for a total term not to exceed 12 months, either a fine or confinement or both; or, Punishment. (b) by confinement under the jurisdiction of the State Board of Corrections in the State penitentiary, in a public

Page 486

works camp or such other institutions as the Director of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of twelve months. Either the punishment provided in (a) or (b), but not both, may be imposed in the discretion of the sentencing judge; provided, however, that misdemeanor punishment imposed under (a) or (b) may be subject to suspension or probation but the punishment provided in (b) shall not be subject to suspension or probation wholly or partially upon the payment of a fine either directly or indirectly and provided further that the sentencing courts shall retain jurisdiction to amend, modify, alter, suspend or probate sentences imposed under (a) at any time but in no instance shall any sentence under (a) be modified in a manner to place a county prisoner under the jurisdiction of the State Board of Corrections. Section 2. If any part or parts of this Act shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Act. Severability. Section 3. The provisions of this Act shall become effective July 1, 1964, and shall be applicable to crimes committed on or after said date. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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STATE BOARD OF PARDONS AND PAROLESRULES FOR CONSIDERING INMATES FOR PAROLE, ETC. Code 77-525 Amended. No. 926 (Senate Bill No. 214) An Act to amend Code section 77-525, Ga. L. 1943, p. 194, relating to the power of the State Board of Pardon and Paroles to adopt rules and regulations so as to provide that the State Board of Pardon and Paroles shall only consider for parole certain misdemeanants and felons whose sentences are of a specified duration whether their sentence or sentences be concurrent or cumulative, and also to provide for the procedure of granting other types of clemency; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia: Section 1. Code section 77-525, Ga. L. 1943, p. 194, is hereby amended by adding to such section as it now exists the following: Such rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration of inmates under the jurisdiction of the Department of Corrections for parole shall take place and also the times at which periodic reconsideration thereafter shall take place which consideration shall be automatic and no written or formal application shall be required; provided, however, that such an inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his sentence or sentences or one third of the time of his sentence or sentences whichever is greater; and provided further, that such an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his sentence or sentences or one third of the time of his sentence or sentences

Page 488

which ever is greater; and provided further that such an inmate serving both misdemeanor and felony sentences shall only be eligible for consideration for parole after the expiration of nine months of his sentences or one third of the time of such sentences whichever is greater; and provided further that inmates serving sentences aggregating twenty-one years or more shall become eligible for consideration for parole upon completion of the service of seven years. The Board shall adopt rules and regulations governing the granting of other forms of clemency which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or promulgated by the Board shall be made in such manner as the Board shall direct by rules and regulations., Eligibility requirements, periodic reconsideration, etc. Clemency, etc. so that when so amended said section 77-525 shall read as follows: 77-525 . The Board may adopt and promulgate rules and regulations, not inconsistent with the provisions of this Chapter, touching all matters herein dealt with, including, among others the practice and procedure in matters pertaining to paroles, pardons, probations and remission of fines and forfeitures. Such rules and regulations shall contain an eligibility requirement for parole which shall set forth the time when the automatic initial consideration of inmates under the jurisdiction of the Department of Corrections for parole shall take place and also the times at which periodic reconsideration thereafter shall take place, which consideration shall be automatic and no written or formal application shall be required; provided, however, that such an inmate serving a misdemeanor sentence or misdemeanor sentences shall only be eligible for consideration for parole after the expiration of six months of his sentence or sentences or one-third of the time of his sentence or sentences whichever is greater; and provided further, that such an inmate serving a felony sentence or felony sentences shall only be eligible for consideration for parole after the expiration of nine

Page 489

months of his sentence or one-third of the time of such sentences whichever is greater; and provided further that inmates serving sentences aggregating twenty-one years or more shall become eligible for consideration for parole upon completion of the service of seven years. The Board shall adopt rules and regulations governing the granting of other forms of clemency which shall include pardons, reprieves, commutation of penalties, removal of disabilities imposed by law, and the remission of any part of a sentence, and shall prescribe the procedure to be followed in applying for them. Applications for granting of such other forms of clemency and for exceptions to parole eligibility rules established by statute or promulgated by the Board shall be made in such manner as the Board shall direct by rules and regulations. Section 2. This Act shall become effective as to crimes committed after June 30, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. STATE BOARD OF CORRECTIONSCOUNTIESRESPONSIBILITY FOR MISDEMEANOR OFFENDERS, ETC. No. 927 (Senate Bill No. 215). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), by striking paragraph (a) of section 13 and substituting a new paragraph providing that the State Board of Corrections shall have no authority over persons sentenced to county imprisonment facilities; providing for county responsibility for such prisoners; providing for the imprisonment of female misdemeanant

Page 490

offenders; also by striking in a jail from section 13, paragraph (b), lines 3 and 4; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), is hereby amended by striking section 13, paragraph (a), in its entirety and substituting in lieu thereof the following: (a) the State Board of Corrections shall have no authority, jurisdiction, or responsibility with respect to misdemeanor offenders sentenced under sub-paragraph (a) of Code section 27-2506 to confinement in the county or other jail, county public works camp or such other places as counties may provide for maintenance of county prisoners, and the county wherein such sentence is imposed shall have the sole responsibility of executing such sentence and of providing for the care, maintenance and upkeep of such prisoner while so serving; provided, however, that where the sentencing judge certifies to the State Board of Corrections that the county facilities of that county are inadequate for maintaining female prisoners, any female prisoner may be committed to the State Board of Corrections for the service of her sentence in any State prison, as may be directed by the State Board of Corrections; provided further, that the delivery of such female prisoners to the proper place of incarceration shall be at the expense of the county of conviction. Responsibility of counties. Female prisoners. Section 2. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), is hereby amended by striking in a jail from section 13, paragraph (b), lines 3 and 4 so that as amended the paragraph will read as follows:

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(b) Where any person shall be convicted of any offense, misdemeanor or felony, and sentenced to serve time in any penal institution in this State other than as hereinbefore provided, the Director of Corrections, with the approval of the State Board of Corrections, shall have and exercise sole authority in assigning such prisoner to a prison or public works camp in this State, anytime in such sentence to the contrary notwithstanding. Said Director, with the approval of the State Board of Corrections, shall also have sole authority to transfer prisoners from one prison or public works camp in this State to any other institution operated by or under the jurisdiction of the State Board of Corrections. Neither the Director, nor the Board, shall have authority to assign made or female prisoners to serve in any manner in a county jail. State Board of Corrections. Section 3. The provisions of this Act shall apply to crimes committed after June 30, 1964. Effective date. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. CONFINEMENT OF COUNTY PRISONERS IN PUBLIC WORKS CAMPS. Code 77-312 Amended. No. 928 (Senate Bill No. 216). An Act to amend an Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), otherwise known as Code section 77-312, by providing that prisoners who are the sole responsibility of a county may be confined in public works camps established by the Code; to provide that counties without a public works camp may contract with counties

Page 492

having a camp to maintain such prisoner; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding, and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 161), otherwise known as Code section 77-312, is hereby amended by adding at the end of section 16 the following paragraph: (d) In all cases wherein a prisoner shall be the sole responsibility of a county, and the State Board of Corrections shall have no authority, jurisdiction, or responsibility with respect to the sentence of such prisoner, said county may confine said prisoner in a public works camp established pursuant to this section. Counties without a public works camp may contract with counties having a public works camp to maintain such prisoner. so that as amended, section 16 shall read: (a) Subject to provisions hereinafter stated, any county may purchase, rent, establish, construct and maintain a public works camp for the care and detention of all prisoners assigned to it by the State Board of Corrections, and such county may contract with other counties relative to the joint care, upkeep and working of such prisoners in said counties, and said counties may each pay their pro rata share of such expenses by taxes assessed and levied as now provided by law. (b) All public works camps established by the counties as herein provided shall be subject to supervision and control by the State Board of Corrections, and said board shall promulgate rules and regulations governing the administration and operation thereof. (c) Each county establishing a county public works camp which complies with the rules and requirements established

Page 493

by the Board of Corrections and is approved by such Board shall receive a quota of prisoners in accordance with such methods of apportionment as may be established by said Board. The State Board of Corrections is hereby given authority to withdraw all prisoners from any camp which does not at any time meet the requirements of the board or comply with its directions. (d) In all cases wherein a prisoner shall be the sole responsibility of a county, and the State Board of Corrections shall have no authority, jurisdiction, or responsibility with respect to the sentence of such prisoner, said county may confine said prisoner in a public works camp established pursuant to this section. Counties without a public works camp may contract with counties having a public works camp to maintain such prisoner. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. COUNTY PRISONERSGOOD TIME ALLOWANCES. No. 929 (Senate Bill No. 217). An Act to prescribe good time allowances and extra good time allowances for prisoners incarcerated under county jurisdiction; to repeal all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Misdemeanor offenders confined in county facilities under the jurisdiction of the county as provided in Code section 27-2506(a) shall earn good time in the amount of four (4) days for each month of the sentence and shall earn extra good time in the same amount as may be prescribed from time to time by the State Board of Corrections for prisoners under its jurisdiction. The computation of good

Page 494

time allowances and extra good time allowances shall be made by the sheriff of the county, chief jailor, warden or other officer designated by the county as custodian of said prisoners. Section 2. All laws and parts of laws in conflict with the Act are hereby repealed. Approved March 18, 1964. CRIMINAL PROCEDURECONCURRENT SENTENCES. No. 930 (Senate Bill No. 218). An Act to amend an Act approved February 23, 1956 (Ga. L. 1956, p. 161), so as to provide for concurrent sentences where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, unless otherwise provided in the court's sentence; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act providing that separate sentences received at separate terms of court, or in different courts, shall be served consecutively unless otherwise provided in the sentence, approved February 23, 1956 (Ga. L. 1956, p. 161), is hereby amended by striking paragraph (b) of section 3 which reads: (b) Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, such sentences shall be served consecutively, the one after the other, unless otherwise expressly provided therein. and substituting in lieu thereof the following:

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(b) Where a person is convicted on more than one indictment or accusation at separate terms of court, or in different courts, and sentenced to imprisonment, such sentences shall be served concurrently, the one with the other, unless otherwise expressly provided therein. Concurrent sentences. Section 2. The provisions of this Act shall govern and shall be followed by the State Board of Corrections in the computation of time and shall apply to sentences hereinbefore or hereinafter given. Effective date. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 18, 1964. FELONY PRISONERSSTATUTORY GOOD TIME ALLOWANCE. No. 931 (Senate Bill No. 219). An Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, so as to provide for a statutory good time allowance for the first year of the sentence of felony prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections approved February 20, 1956 (Ga. L. 1956, p. 161), as amended, is hereby amended by inserting between the words Felony prisoners and the words Two months in section 24 (b) (2), line 1, the phrase One month for the first year of the sentence; so that said subparagraph as amended shall read as follows:

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(2) Felony prisoners .One month for the first year of the sentence; two months for the second year of the sentence; three months for each remaining year, through the 10th inclusive, and four months for each remaining year of the sentence. This reduction of time shall not apply to prisoners sentenced to life imprisonment. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. CRIMINAL PROCEDUREMAXIMUM FINE IN FELONY CASES WHERE PROBATION ALLOWED. Code 27-2529 Amended. No. 932 (Senate Bill No. 220). An Act to amend an Act approved March 13, 1957 (Ga. L. 1957, p. 477), otherwise known as Code section 27-2529, so as to provide that the judge, in his discretion, may condition probation of convicted felons on a fine of not more than $2,000 where probation is authorized by law; to provide for the repeal of all Acts in conflict with this Act. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the judge, in his discretion, may condition probation of convicted felons on a fine of not more than $1,000 where probation is authorized by law, approved March 13, 1957 (Ga. L. 1957, p. 477), otherwise known as Code section 27-2529, is hereby amended by striking $1,000 in section 1, line 4 and inserting therein the amount $2,000, so that as amended the section shall read as follows: In any case where the judge may, by any law so authorizing, place on probation any person convicted of a felony,

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such judge may, in his discretion fine such person so convicted, not more than $2,000 as a condition to such probation: Provided, such defendant shall not be entitled to any rebate or refund of any part of such fine so paid, in any case such probation shall be revoked by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. STATE BOARD OF PARDONS AND PAROLESTEMPORARY REVOCATION OF PAROLES. Code 77-519 Amended. No. 933 (Senate Bill No. 221). An Act to amend Code section 77-519, Ga. L. 1955, p. 352, so as to provide when amended that the State Board of Pardons and Paroles may temporarily revoke certain paroles which revocations shall suspend the running of the parolees' time; and to repeal all laws or parts of laws in conflict therewith. Be it enacted by the General Assembly of Georgia: Section 1. Code section 77-519, Ga. L. 1955, p. 352, is hereby amended by striking the period at the end of such Code section as it now exists and adding thereto the following: ; and provided further, that whenever it shall appear to the State Board of Pardons and Paroles, that a parolee or conditional releasee, either has absconded or has been convicted of another crime in a federal court or in a court of record of another state, the State Board of Pardons and Paroles may issue an order of temporary revocation of parole or conditional release, together with its warrant for said violator, which shall suspend the running of the parolee's

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or conditional releasee's time from the date of the temporary revocation of parole or conditional release to the date of the determination by the Board as to whether such temporary revocation shall be made permanent. If the Board determines that there has been no violation of the conditions of such parole or conditional release then such parolee or such releasee shall be reinstated upon his original parole or conditional release without any loss of time and the order of temporary revocation of parole or conditional release and the warrant shall be withdrawn., so that when so amended said section 77-519 shall read as follows: 77-519 , As soon as practicable after the arrest of a person charged with the violation of the terms and conditions of his parole, such parolee shall appear before the Board in person and a hearing shall be had at which the State of Georgia and parolee may introduce such evidence as they may deem necessary and pertinent to the charge of parole violation. Within a reasonable time thereafter the Board shall make findings upon such charge of parole violation and shall enter an order thereon rescinding said parole and returning such person to serve the sentence theretofore imposed upon him, with benefit of computing the time so served on parole as a part of such person's sentence, or reinstating such parole, or shall enter such other order as it may deem proper: Provided, however, when a parolee has been convicted of any crime, whether a felony or a misdemeanor, or has entered a plea of guilty thereto, in a court of record, his parole may be revoked without a hearing before the State Board of Pardons and Paroles; and provided further, that whenever it shall appear to the State Board of Pardons and Paroles, that a parolee or conditional releasee, either has absconded or has been convicted of another crime in a federal court or in a court of record of another state, the State Board of Pardons and Paroles may issue an order of temporary revocation of parole or conditional release, together with its warrant for said violator, which shall suspend the running of the parolee's or conditional releasee's time from the date of the temporary revocation of parole or

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conditional release to the date of the determination by the Board as to whether such temporary revocation shall be made permanent. If the Board determines that there has been no violation of the conditions of such parole, or conditional release, then such parolee or such releasee shall be reinstated upon his original parole or conditional release without any loss of time and the order of temporary revocation of parole or conditional release and the warrant shall be withdrawn. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA HEALTH CODE. Title 88 of Code Amended. Code 32-911 Amended. Code Chapters 32-18, 35-2, 35-6, 49-6 Amended. Chapter 35-3 Repealed. No. 936 (House Bill No. 162). An Act to comprehensively and exhaustively revise, supercede, consolidate, and codify the laws relating to public health, the Department of Public Health, the State Board of Health, county boards of health, directors of county boards of health and district health directors; to create a Department of Public Health under the direction of a State Board of Health and define its powers, duties, selection and compensation; to provide for a Director thereof and define his appointment, powers, duties, qualifications, and term of office; to provide compensation for the Director; to create county boards of health and define their memberships, appointments, functions, term of office, powers, duties and compensation; to provide for the appointment of directors for county boards of health; to provide for the formation of health districts; to provide

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for the appointment of directors for such districts; to provide for issuance of rules and regulations by said Department and county boards of health; to provide for compulsory process, hearings, records, appeals, injuncion and other administrative procedure; to provide for hospitalization, detention, rehabilitation, and release of persons suffering from alcoholism; to provide for voluntary and involuntary hospitalization, detention, treatment, restoration, and discharge of persons mentally ill, and to define the legal and civil status of such persons; to vest and define the powers of the Department of Public Health with respect to mental health and institutions and facilities; to provide for the isolation, hospitalization, treatment, confinement, discharge, and return of persons afflicted with contagious tuberculosis; to provide for articles of bedding sanitation; to provide for the securing of certificates of registration by persons making, remaking, or renovating mattresses and the fee therefor; to provide for the regulation of food service establishments and the issuance of permits, and to create a Food Service Advisory Council; to provide for air quality control and air pollution prevention; to provide for the regulation of tourist courts and the issuance of permits; to provide a definition for tourist court; to provide for preventable disease control; to provide for isolation and quarantine; to provide for immunization against preventable diseases; to provide for radiation control; to provide for a Radiation Advisory Council; to provide the powers and duties of the Department in radiation control, and the licensing and registration of radiation materials, radiation producing machines, and persons utilizing same; to define and regulate the practice of midwifery and provide for issuance of certificates; to provide for control of provide a complete and comprehensive vital records law for the State; to provide for the creation of Hospital Authorities and the functions, duties and powers of such Authorities; to provide for the appointment of the members of the boards of said Hospital Authorities and to provide for the functions, duties and powers of such boards; to provide for the issuance and sale of negotiable

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revenue anticipation certificates by such Authorities; to provide for classification and regulation of hospitals and related institutions; to provide for the issuance of permits to such hospitals and related institutions; to provide for the issuance of permits to and the regulation of eye banks; to provide for grants for construction of medical facilities; to provide the procedure for obtaining such grants; to provide for the creation of an Advisory Council for Construction, Licensure, and Indigent Care; to provide for hospital care for the indigent; to provide benefits for certain State employees contracting tuberculosis in specified instances; to provide for voluntary and involuntary hospitalization, detention, treatment, restoration and discharge of mentally retarded persons; to provide for water supply quality control; to provide a declaration of policy; to provide definitions; to provide for the regulation of the quality of water for public and community water supply systems; to provide for the issuance of certificates to persons using the waters of this State in the operation of any public or community water supply system; to designate a State agency to receive and administer financial aid relative to water supply quality; to provide for the distribution of unclaimed dead bodies; to define crimes and prescribe penalties; to amend Code Sections 49-601, 49-604, 49-606, 49-607, 49-608, 49-609, as amended, relating to guardianship; to amend Code Section 32-911, relating to immunization of school pupils; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following shall constitute the Georgia Health Code and contain the following Chapters and Sections of the Code of Georgia and shall be Title 88 of the Code of Georgia: CHAPTER 88-1 DEPARTMENT OF PUBLIC HEALTH 88-101. Short Title . This Code Title 88 shall be known as and may be cited as the Georgia Health Code.

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88-102. Department of Public Health; establishment; definitions . There is hereby created and established a department of the State Government under the name and style: Department of Public Health. Unless a different meaning is required by the context of this Title, the terms Department, Department of Health or Department of Public Health shall mean the Department of Public Health as created and established by this Section. 88-103. Board of Health; composition . There is hereby created the Board of Health and the Department shall be under the direction and control of the Board. The Board shall be composed of eighteen (18) members to be appointed by the Governor and confirmed by the Senate. Ten (10) of such members shall be physicians who are licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9), one from each Congressional District in the State. The Medical Association of Georgia shall submit a list of the names of three physicians from each Congressional District to the Governor. The Governor shall appoint a member of the Board from each such list, except that in the event the Governor does not desire to appoint a member from the names submitted in any Congressional District, the Medical Association of Georgia shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. Two members shall be dentists who shall be appointed from a list of three names for each member to be appointed submitted by the Georgia Dental Association, except that in the event the Governor does not desire to appoint a member from each of the lists of names submitted, the Georgia Dental Association shall submit three new names for each position not filled by the Governor from the original list and the Governor must appoint one from such list of three names or one from the previous list of three names. Two members shall be pharmacists who shall be appointed from a list of three names for each member to be appointed submitted by the Georgia Pharmaceutical Association, except that in the event the Governor does not desire to appoint a member from each of the lists of names submitted, the Georgia Pharmaceutical Association shall submit three new names for each position

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not filled by the Governor from the original list and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a veterinarian who shall be appointed from a list of three names submitted by the Georgia Veterinary Medical Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Veterinary Medical Association shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a representative of the Georgia Municipal Association who shall be appointed from a list of three names submitted by the Georgia Municipal Association except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Municipal Association shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be a representative of the Association County Commissioners of Georgia who shall be appointed from a list of three names submitted by the Association County Commissioners of Georgia, except that in the event the Governor does not desire to appoint a member from the names submitted, the Association County Commissioners of Georgia shall submit three new names and the Governor must appoint one from such list of three names or one from the previous list of three names. One member shall be from the State at large. In the event of a failure by the governing body of any Association to submit such nominees as herein specified, the Governor shall be authorized to make appointments from those persons eligible for recommendation by the governing body of the Association and who are otherwise qualified. Successors to these and future members shall be appointed in the same manner and under the same procedure as provided herein for the appointment of the first members. In the event any Association named in this Section shall cease to exist, the Governor shall make the appointments as herein prescribed from a list of six qualified nominees per member submitted by any successor association or organization, if any. In the event there is no successor organization, the Governor shall be authorized to make

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appointments from those persons who would normally be members of said association or organization and who are otherwise qualified. 88-104. Vacancies on Board; Chairman and Vice Chairman . In the event there is a vacancy on the Board for any reason other than expiration of term of office, the Governor shall appoint a person to fill the vacancy for the unexpired term. Such appointment shall be made in the same manner as original appointments are made. The Board shall elect one of its members as Chairman and one as Vice Chairman and shall provide for the length of terms of such officers and for other matters relative thereto. 88-105. Board; terms of office; time of appointment . The members of the Board of Health created herein shall be appointed by the Governor on or before June 1, 1964, and such members shall assume office July 1, 1964. Three of the members shall be appointed for terms of one year; three of the members shall be appointed for terms of two years; three of the members shall be appointed for terms of three years; three of the members shall be appointed for terms of four years; three of the members shall be appointed for terms of five years and three of the members shall be appointed for terms of six years. The Governor shall designate which members shall have such terms. The original members and all future members shall serve until their successors are appointed and qualified. All future members shall be appointed for terms of six years. The members of the present Board of Health shall continue in office and shall be vested with all the powers, rights, duties and privileges which by law existed in said Board of Health, until July 1, 1964, and until the members of the Board of Health created by this Act assume the duties of their office, at which time said Board of Health shall cease to exist and shall stand abolished and the powers, rights, duties and privileges vested in and exercised by said Board shall be vested in and exercised by the Board of Health created by this Act. The Governor shall call an organizational meeting of the Board after the passage of this Act,

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which meeting shall be not later than twenty (20) days after July 1, 1964. 88-106. Members; how reimbursed . Members of the Board shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State boards. 88-107. The Board; its government . The Board of Health is authorized and empowered to ordain and enforce by-laws for its own government, including provisions for a chairman and secretary who, however, shall serve without extra compensation, for sessions not less frequent than quarterly, and for removal from membership on the Board of any who absent themselves from its regular sessions without just cause. 88-108. The Department; its duty, functions, and powers . The Department is created and established to safeguard and promote the health of the people of this State, and is hereby empowered to employ all legal means appropriate to that end. Illustrating without limiting the foregoing grant of authority, the Department is hereby empowered to: (a) provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and provide research, investigations, and the dissemination of information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (b) forestall and correct physical, chemical and biological conditions that, if left to run their course, could be injurious to health; (c) isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the Department's rules and regulations for the suppression of same, and establish, where required in that behalf, complete or modified quarantine, surveillance, and/or segregation

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of persons and of animals exposed to a disease communicable to man; (d) manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the Board of Health; procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals and other health facilities and, when authorized by law, acquire and operate same; (e) cooperate with agencies and departments of the Federal Government and of the State by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; (f) detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (g) promote the prevention, early detection and control of problems affecting the dental health of the citizens of Georgia; (h) contract with county boards of health to assist in the performance of services incumbent upon them under the provisions of Chapter 88-2 of this Title, and, in event of grave emergencies of more than local peril, employ whatever means may be at its disposal to overcome the same; (i) contract and to execute releases for assistance in the performance of its functions and the exercise of its powers; and to supply services which are within its purview to perform; and (j) enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations and standards thereunder.

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88-109. Surveys and studies . The Department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs. 88-110. The Department, rules and regulations . Manifestly, no legislative body can foresee or cope with all situations and conditions, which, if not promptly checked, would militate against the health of its constitutents. Therefore, said Department is authorized and directed by and through its Board to adopt and promulgate rules and regulations to effect prevention, correction, and abatement of such situations and conditions. Such rules and regulations must be adapted to the purposes intended and be within the purview of the powers and duties imposed upon said Department by this Title. 88-111. Department as agency of State . The Department of Public Health is hereby designated and empowered as the agency of this State to apply for, receive, and administer grants and donations for health purposes from the Federal Government, and from any of its departments, agencies, and instrumentalities; from appropriations of the State of Georgia; and from any other sources in conformity with law and shall have the authority to prescribe the purposes for which such funds may be used in order to: (a) provide, extend, and improve maternal and child health services; (b) locate children already crippled or suffering from conditions leading to crippling, and provide for medical, surgical, corrective and other services, and for facilities for diagnosis, hospitalization, and aftercare; (c) advance the control of cancer, and of venereal, tubercular, and other diseases; (d) forestall and correct conditions that, if left to run their course, are injurious to health; (e) conduct programs, which lie within the scope and the power of the Department of Public Health relating to industrial

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hygiene, control of ionizing and radiation, air pollution, occupational health, water quality, water pollution control, and planning and development of water resources; (f) administer grants in aid to assist in the construction of publicly owned and publicly operated general and special medical facilities; (g) conduct programs relating to chronic illness, and conduct other programs related to the physical, dental, and mental health of the people of the State which are appropriate to the purpose of the Department; (h) develop the health aspects of civil defense. When a plan is required by any department, agency, or instrumentality of the Federal Government, to be approved by it as condition precedent to the making of grants for health purposes, the Department of Public Health as agent of this State, is directed to formulate, submit, and secure approval of that plan, and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received, as well as other applicable amounts from whatsoever source. 88-112. Director of Department; qualifications; term of office; duties . There shall be a Director of the Department who shall be the chief executive of the Department. He shall be elected by the Board of Health with the approval of the Governor. The Director may be removed at any time by the Board of Health with the approval of the Governor, or such Director may be removed by the Governor with the approval of the Board of Health. He shall be a graduate physician licensed to practice in this State, pursuant to the Georgia Medical Practice Act (Georgia Code Chapter 84-9) as now in effect or as hereafter amended, who shall have had at least five years experience in the practice of his profession; provided, however, that the services of the present Director shall not be automatically terminated by the passage and approval of this Act, but his future tenure would be subject to the provisions of this Act. As chief executive, the Director

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shall carry out the objectives of the Department, subject to policies and procedures determined by the Board of Health, and may delegate the powers and authority conferred or any part thereof to one or more individuals as he may deem appropriate. The Director of the Department of Public Health shall not have the authority to adopt and promulgate rules and regulations. The Director shall receive such salary as may be fixed by said Board and approved by the Budget Bureau, not to exceed twenty thousand ($20,000.00) dollars annually. 88-113. Staff, how appointed . Subject to budgetary limitations, the Board of Health is authorized to employ a deputy to the Director and such other staff as may be needed to perform the functions of the Department. The Board of Health may delegate to the Director the power to employ such deputy and such other staff. All employees, except the Director, shall be subject to the rules and regulations of the State Personnel Board. 88-114. Director to give bond . The Director, before entering upon the assumption of office, shall give good and sufficient bond for the proper performance of his duties and the faithful accounting of all monies under his control, the amount of such bond as well as its terms and conditions shall be as prescribed by the Board of Health and approved by the Governor. The premium for such bond shall be paid from funds appropriated to or available to the Department of Public Health. 88-115. Institutional powers and duties of the Department . The Department of Public Health is hereby designated and empowered as the agency of this State to have supervision and administrative control of State facilities for the treatment of mental illness; State facilities for the treatment of mental retardation; State hospitals for the treatment of tubercular patients; State hospitals or institutions for the care, custody, and treatment of alcoholics; and other facilities or institutions which now or hereafter come under the supervisions and administrative control of the Department of Public Health. With respect to all such facilities or institutions, the Department of Public Health shall

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have the following powers and duties: (a) to prescribe all rules and regulations for the management of such facilities or institutions not conflicting with the law; (b) to create all necessary offices, appoint and remove all officers of such facilities or institutions, prescribe and change their duties from time to time and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the Director shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The Department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions, or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (c) to refuse or accept and hold in trust for any such facility or institution any grant or devise of land, or bequest or donation of money or other property, for the particular use defined, or, if no specific use is defined, for the general use of such facility or institution; (d) to bring suit in its name for any claims which any such facility or institution may have however arising; (e) to appoint police of such facilities or institutions who are authorized, while on the grounds or in the buildings of the respective facilities or institutions, to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities or institutions are situated. In cases where there are no available facilities for the detention of offenders so arrested because of the contagious or infectious nature of the disease of such offenders, such police shall be authorized to confine such offenders within the respective facilities or institutions pending trial as in other cases provided. After trial and conviction of any such contagious and infectious offender, he

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shall be sentenced to serve his term of sentence in the penal ward of said facility or institution. (f) to have full authority to receive patients ordered hospitalized in such facilities or institutions pursuant to the provisions of any law, to receive any voluntary patients, to discharge such patients pursuant to the provisions of law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and, in general, to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly as expressed in this Chapter to provide always the highest degree of medical, scientific, and other diagnosis, treatment, custody, and care as is consistent with medical practice and circumstances in force from time to time. It is the further intent of the General Assembly as expressed in this Chapter that the powers and duties of the Department of Public Health with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties consistent with the intention expressed in this Section. 88-116. Duties and powers of the Department of Public Health . The duties and powers which heretofore have been delegated to the Department of Public Health and in effect immediately prior to the enactment of this Title and not herein expressly repealed shall remain in force and effect and are hereby conferred upon the Department of Public Health as hereby established. 88-117. State Board of Health, rules and regulations in effect prior to enactment of this Title . Nothing in this Title shall be construed as abrogating the rules and regulations issued by the Board of Health in force immediately prior to the enactment of this Title, but same shall remain in force and effect until amended, altered, or repealed under the authority hereby established. 88-118. Venue of Actions . Actions at law and suits in equity against the Department of Public Health, the Board of Health, or any of its members predicated upon omissions or acts done in their official capacity or under cover thereof,

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shall be brought in the county in which the cause of action originates, provided that nothing herein shall be construed as waiving the immunity of the State to be sued without its consent. CHAPTER 88-2 COUNTY BOARDS OF HEALTH 88-201. County boards; creation of . There is hereby established a county board of health in each and every county of the State. 88-202. County boards; how constituted; terms of members . Said county board of health shall be composed of five members, one of whom shall be the head of the governing authority of the county by whatever name called, or some other member designated by him. In counties where the governing authority is the ordinary of the county, the ordinary shall be the member. One of the five members shall be the county superintendent of schools. The three other members shall be appointed by the grand jury impaneled, called and in session at the time of the approval of this Act, or by the grand jury impaneled, called and in session in the court term next following the approval of this Act. One of the three members so appointed shall preferably be a person experienced in the field of municipal government and the term of such member shall run concurrent with the term of the head of the largest municipality in the county. The other two members so appointed shall initially be appointed one for a term of four years from the date of appointment and one for a term of six years from the date of appointment respectively as designated by the grand jury and, thereafter, the term of said two members shall be for a period of six years. The grand jury impaneled, called and in session next preceding the expiration of the term of said two members shall appoint their successors. One of the two members so appointed by the grand jury shall be a physician actively practicing in the county and licensed under the Georgia Medical Practice Act (Ga. Code Chapter 84-9) unless there is no such physician actively practicing in the county and so licensed who is willing and able to serve. Except as otherwise

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provided, all members shall serve until their successors are appointed and qualified and in the event of a vacancy in a position which was held by one of the members appointed by the grand jury, the clerk of the superior court and the chairman of the board shall notify the foreman of the grand jury them in session, in the event no grand jury is then in session, the foreman of the next grand jury impaneled, called and in session of said county, that a vacancy exists and the same shall be filled as set forth in this section for the appointment of such members and the person appointed to fill such vacancy shall hold office for the remainder of the term and until his successor is elected and qualified. 88-203. County board of health; their functions . The county board of health shall have and discharge, within its jurisdiction, subject to any valid local Act, which shall remain in force and effect, the following functions: (a) To determine the health needs and resources thereof by research, and the collection, analysis, and evaluation of all data pertaining to the health of the community; (b) To develop, in cooperation with the Department of Public Health, programs, activities and facilities responsive to the needs of its area; (c) To secure compliance with the rules and regulations of the Department of Public Health that have local application; (d) To enforce, or cause enforcement of, all laws pertaining to health unless the responsibility and the enforcement of such is by law that of another agency. 88-204. County boards of health; their powers . The county board of health is hereby empowered to: (a) adopt and establish by-laws for its own government. Meetings shall be held no less frequently than January, April, July and October of each year;

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(b) exercise responsibility and authority in all matters within the county pertaining to health, unless the responsibility for enforcement of such is by law that of another agency; (c) take such steps as may be necessary to prevent and suppress disease and conditions deleterious to health and to determine compliance with health laws and rules, regulations and standards adopted thereunder; (d) adopt and enforce rules and regulations appropriate to its functions and powers, provided such rules and regulations are not in conflict with the rules and regulations of the Department of Public Health. Such rules and regulations must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon said board of health by this Title; (e) receive and administer all grants, gifts, monies, and donations for purposes pertaining to health pursuant to the provisions of this Chapter; (f) make contracts and establish and accept fees for the purpose of providing home nursing services for the chronically ill; provided, however, that the scope of service, operating details, and contracts shall first have been approved by the Department of Public Health; (g) contract with the Department of Public Health or other agencies for assistance in the performance of its functions and the exercise of its powers, and for supplying services which are within its purview to perform, provided such contracts and amendments thereto shall have first been approved by the Department of Public Health. 88-205. County boards of health; rules and regulations of local application . The county board of health shall have authority to establish rules and regulations which apply to all citizens and premises of the county, or to specified areas and citizens therein without regard to the remainder of the county.

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88-206. Board members; per diem . Members of county board of health shall be paid not more than $10.00 per day for their attendance at meetings of the board, provided funds therefor have been established by budget and are available from funds allocated to that purpose. 88-207. County boards of health to keep records . The county board of health shall record and preserve true and correct minutes of its proceedings in a special book kept for that purpose, and shall maintain, or cause to be maintained unless maintained by the governing authority of the county, accurate double entry accounting records including but not limited to (a) prenumbered duplicates of receipts issued for funds received showing the source of same: (b) records and financial reports including a general ledger maintained in accordance with generally accepted principles of accounting and in accordance with such standards as may be prescribed by the governing authority of the county and the State Board of Health. Such records shall show all receipts and disbursements, identifying each item and, in the case of disbursements, list to whom paid, dates, amounts and objects of expenditure. All accounting records shall be subject to any audits made of general county financial operations and shall be made available for the purpose of such audits. 88-208. County board of health to inform Department of Public Health of membership . The county board of health shall keep the Department of Public Health currently informed of the names, addresses, and terms of office of its members. 88-209. County boards of health; office quarters and equipment . The governing body of the county shall provide the county board of health with quarters and equipment equal to the requirements of its operation. 88-210. Legal representation . The county board of health may require the legal services of the county attorney, or,

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its budget permitting, may employ other counsel to assist in performing its duties. 88-211. Appointments of Director and Staff . The county board of health shall appoint as its chief executive officer a director who shall be a physician licensed to practice medicine under the Georgia Medical Practice Act (Georgia Code Chapter 84-9), and who otherwise meets the requirements of the State's Merit System of Personnel Administration. He, in turn, subject to the approval of the county board of health, shall designate aides and assistants pursuant to the budget adopted by the county board of health in accordance with Section 88-214 of this Chapter. 88-212. Director; his duties . Subject to the policies and directives of the county board of health, and the policies and directives of the multiple county districts served, the Director shall perform the functions and exercise the powers as set forth in this chapter except the power to adopt by-laws and to adopt rules and regulations and may delegate the powers and authority conferred, or any part thereof, to one or more individuals as he may deem appropriate. He shall devote his entire time to the service of the county board of health and to the multiple county districts where created and shall be vigilant to procure compliance with its rules and regulations, and Georgia Health Laws and rules and regulations adopted thereunder that have application within the county and district. He shall make reports to the county board of health and the agency in charge of the multiple county district in such manner, form, and frequency as required by it, and shall also report to the Department of Public Health in such manner, detail, and form as said Department may specify. 88-213. A declaration of public policy; methods for its execution . No population area or unit of the State of Georgia shall be without health services responsive to its needs. It is recognized, however, that counties of this State are not all equally able to effectuate this public policy. Therefore, a county board of health may contract for assistance in the performance of its functions and exercise of its powers, provided such proposed contract and any amendments thereto

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shall have first been approved by the Department of Public Health. 88-214. Expenses of county board of health; taxes to meet . The county board of health at a regular or called meeting, at a time appropriate to the fiscal operation of the county, shall determine and fix the amount of money needed for the fiscal or calendar year, as the case may be, in accordance with a budget itemizing anticipated income and expenditure, and said budget shall include any unobligated monies carried over from the current period and funds to be made available from sources other than county taxes. The expenditures anticipated, after applying credits, shall be certified by the county board of health, with a copy of the budget, to the taxing authority of the county, which may fix and levy a tax rate sufficient to raise said amount at the same time and in the same manner prescribed for levying taxes for other county purposes provided the taxing authority of the county deems the budget reasonable; however, should the taxing authority of the county deem the budget unreasonable, it shall promptly return the budget to the county board of health with the objections attached thereto for the purpose of resubmission. 88-215. Health districts . The Department of Public Health is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts comprised of one or more counties. The county boards of health of the constituent counties of the districts shall, at the call of the Director of the Department of Public Health, meet in joint session to appoint a director to serve said boards in common. A county board of health is authorized to appoint one of its members to represent said board at a joint meeting for this purpose. Said director shall be a physician licensed to practice medicine under the Georgia Medical Practice Act (Georgia Code Chapter 84-9) and who otherwise meets the requirements of the State Merit System of Personnel Administration. Such district director shall have the same powers, duties, and responsibility as a director serving a single county board of health.

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88-216. Existing county boards of health . County boards of health shall remain as now constituted until the boards organized under this Chapter shall have been appointed in accordance with its provisions. Special grand juries may be organized to appoint county board of health members where such action has not been taken by a regular grand jury within ninety (90) days after the approval of this Title. Until the board is organized under this chapter, the existing board shall have the functions and exercise the powers herein set forth, including responsibility for fixing the budget for such period of operation as may be necessary to conform to the fiscal requirements of the county. 88-217. Rules and regulations now in effect . The rules and regulations of county boards of health in force immediately prior to the enactment of this Title shall remain in effect until amended, revised, or repealed. 88-218. Enforcement under local ordinances . It is not the intent of this Title to abrogate the terms of a municipal charter or laws of local application which authorize a governing body within the county to provide penalties for a violation of a valid rule and regulation of the county board of health. 88-219. County boards of health by Constitutional amendment . Nothing in this Chapter shall be construed as altering the organization or abridging the powers of boards of health now existing under and by virtue of any amendments to the Constitution of this State or by any special law thereunder enacted by the General Assembly. However, it is the intent of this Title to provide as fully as practicable, on an equally effective basis, programs, facilities, and services adequate for promoting the health of the citizens of this State. CHAPTER 88-3 ENFORCEMENT AND ADMINISTRATIVE PROCEDURE 88-301. Violation of regulation declared misdemeanor . Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.

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88-302. Injunction . The Department of Public Health and all county boards of health are hereby empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this State for the purpose of enjoining a violation of any provision of this Title as now existing or as may be hereafter amended, or of any regulation or order duly issued by the Department of Public Health or any county board of health. The Department of Public Health and said boards are also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime, and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the Department of Public Health or any county board, as the case may be in the county in which a violation of any provision of this Title occurs, which for the purposes hereof are hereby declared to be legal entities capable of maintaining suit in their respective names without naming the individuals constituting such board, or acting on behalf of such Department, as the case may be. 88-303. Subpoenas and other compulsory process . The testimony of any witnesses, or the production of any books, papers, records, documents, physical objects or other evidence, for inspection, may be compelled by any Superior Court of competent jurisdiction on application of the Department or Local Board seeking such process. 88-304. Hearings . (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for hearing as hereinafter provided. Hearing shall also be required with respect to any and all quasi judicial action and in any other proceeding where required by this Title or the Constitution. (b) Where hearing is required or afforded, notice thereof as hereafter provided shall be given in person or by registered or certified mail to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable,

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notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state: (1) the time and place of hearing and nature thereof, and, (2) the matters of fact and law asserted, and must be given at least five (5) days before the day set for hearing, unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Section 88-303 herein, and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the Department of Public Health or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The Department of Public Health is hereby authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency, provided, however, that such examiner shall be a member of the State Bar of Georgia in good standing. The county Boards of Health are hereby authorized and empowered to direct its director to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the County Board of Health. In both of such cases, the examiner and director shall make the report available to all interested parties, and they are permitted to file written exception thereto prior to final decision thereon. 88-305. Appeals . (a) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county Board of Health or agency of the Department of Public Health may have review thereof by appeal to the Department of Public Health. Any person who is a party to a proceeding and who is aggrieved or adversely

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affected by any final order or action of the Department of Public Health may have review thereof by appeal to the Superior Court in the county in which the action arose, or to the Superior Court of Fulton County. Such appeal shall be by petition which shall be filed in the Clerk's office of such court within thirty days after the final order or action of the Department of Public Health; the said petition shall set forth names of the parties taking the appeal, the order, rule, regulation or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. Upon the filing of such petition, the petitioner shall serve on the director a copy thereof in a manner prescribed by law for the service of process, unless such service of process is waived. The Judge shall hear the proceeding de novo, and thereupon determine all matters of law and fact with or without a jury, in the discretion of the appealing party, and render his decision approving, setting aside or modifying the order or action appealed from. (b) Upon perfection of the appeal as above provided, it shall be the duty of the agency whose order, rule, regulation or decision is under review of the Department of Public Health to cause a transcript of all pleadings, orders, evidence and other proceedings including copy of the appeal and motion for reconsideration, if any, filed with it to be transmitted to the Department of Public Health or the Superior Court in not more than thirty days. For the proceedings not reported, the agency or the department shall cause to be written out a narrative transcript of all evidence and proceedings before it under certificate of its director or examiner or other official conducting such hearings. (c) Appeals to the Department of Public Health shall be heard by it at such time, after not less than ten days notice to all parties, as may be prescribed by its rules, provided, however, if such appeal is not heard and determined within a period of ninety (90) days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the Department of Public Health shall be confined to the record transmitted from below and the

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questions raised in the appeal. Orders, rules, regulations, or other decisions of county Boards of Health or other agencies of the Department of Public Health shall not be set aside on appeal to the Department of Public Health unless (1) contrary to law or rules and regulations of the Department of Public Health, or (2) unsupported by substantial evidence on the record as a whole, or (3) unreasonable. 88-306. Certified copies as evidence . (a) Any order, rule, regulation, or any other document, record, or entry contained in the official record or minutes of the Department of Public Health or of any county Board of Health shall be admissible in evidence in any proceeding before any court or other tribunal in this State, where otherwise admissible and not privileged or confidential under this title, when certified as true and correct by and duly authorized by the director at the county level and the examiner at the State level. It shall be the duty of the director or examiner, who shall be custodian of such records, to furnish and certify copies of the record or other evidence, upon presentation of reasonable costs therefor. Nothing herein shall be construed as applying to Chapter 88-26, Water Supply Quality Control. (b) The Department of Public Health and county Boards of Health are hereby authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions, where such matters relate to secret processes, formulas, methods, or where such matters were obtained or furnished on a confidential basis. All such matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the Judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure, or that such production and disclosure may be necessary in the interest of justice. 88-307. Promulgation of Rules and Regulations . All rules and regulations promulgated by the Department of Public

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Health and by any county board of health shall be adopted after due notice to and hearing by persons and parties affected thereby and said rules and regulations shall be maintained in a book kept for that purpose, orderly arranged and indexed, subject to inspection by the public during regular business hours. The agency adopting such rules and regulations shall make copies thereof available for distribution to persons interested in or affected thereby. Such agencies are also authorized to provide for the mimeographing, printing, or other reproduction of their regulations and the distribution thereof. No rule or regulation shall become effective as law until thirty (30) days after its adoption, except in cases of emergencies constituting an imminent threat to the public, in which event such rules or regulations shall become effective upon adoption; but in all such cases, the agency adopting same shall as a part thereof recite the conditions found by it to justify such immediate effectiveness. Where deemed desirable by the agency, hearing and notice as provided in Section 88-304 herein may be conducted by it prior to adoption of any rule or regulation. 88-308. Rules of practice and procedure . The Department of Public Health and all county Boards of Health are hereby directed to prescribe and make available for distribution, the rules of practice and procedure to implement the provisions of this Chapter. 88-309. Applicability of Chapter . The provisions of this Chapter shall apply to all other chapters of this Title, and all amendments hereafter enacted with respect thereto, unless provided otherwise expressly or by necessary implication. CHAPTER 88-4 ALCOHOLIC REHABILITATION 88-401. Alcoholism recognized as illness . Alcoholism is hereby recognized as an illness and a public health problem affecting the general welfare and economy of the State. Alcoholism is further recognized as an illness subject to treatment and abatement and the suffered of alcoholism is

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recognized as one worthy of hospitalization, treatment, and rehabilitation. The need for proper and sufficient facilities, programs, and procedures within the State of Georgia for the control and treatment of alcoholism is hereby recognized. It is hereby declared that the procedure for ordering hospitalization of alcoholics as hereinafter provided for is not punitive but is the ordering of hospitalization for treatment of an illness affecting not only the individual involved but the public welfare as well. 88-402. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) An alcoholic means any person who chronically and habitually uses alcoholic beverages to the extent that he has lost the power of self-control with respect to the use of such beverages or while chronically and habitually under the influence of alcoholic beverages endangers public morals, health, safety, or welfare. (b) Alcoholic beverages include alcoholic spirits, liquors, wines, beer, and every liquid or fluid, patented or not, containing alcoholic spirits, wine, or beer which is capable of being consumed by human beings and produces intoxication in any form or in any degree. (c) Hospital or clinic or institution is the hospital grounds, farm or facilities used for the treatment and rehabilitation of those sick from alcoholism and for the custody of alcoholics. (d) Alcoholism, as used herein, has reference to any condition of abnormal behavior or illness resulting directly or indirectly from the chronic and habitual use of alcoholic beverages. (e) Ordered hospitalized means the entering of an order by any court of competent jurisdiction of this State requiring a person to be turned over to the Department of Health for care, custody, control, detention, treatment, or

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rehabilitation in any hospital, clinic, institution, outpatient station, farm, or other facility within the meaning of the definition of hospital as used herein. (f) Physician means a doctor of medicine who is licensed to practice in this State under the provisions of the Georgia Medical Practice Act (Georgia Code, Chapter 84-9). 88-403. Powers and duties of the Department of Health . The administrative responsibility for alcoholic rehabilitation as provided for herein shall be vested in the Department of Health. The Department of Health shall study the problem of alcoholism, including methods and facilities available for the care, custody, detention, treatment, employment, and rehabilitation of alcoholics. The Department of Health shall promote meetings for the discussion of the problems confronting clinics and agencies engaged in the treatment of alcoholics and shall disseminate information on the subject of alcoholism for the assistance and guidance of residents and courts of the State. The Department of Health is hereby authorized to establish and maintain hospitals, clinics, institutions, out-patient stations, farms, or other facilities for the care, custody, control, detention, treatment, employment, and rehabilitation of alcoholics, and is further authorized to accept for care and custody alcoholics voluntarily applying for treatment or ordered hospitalized by court order as hereinafter provided, and is further authorized to confine and detain such alcoholics for treatment and rehabilitation. 88-404. Advisory Committee on Alcoholism; creation; appointment of members; terms of office; compensation; expenses . There is hereby created a Committee to be known as the Advisory Committee on Alcoholism, hereafter called the Committee. The functions of the Committee shall be to advise the Department of Health upon its operations under the provisions herein. The Committee shall be composed of five members to be appointed by the Governor from citizens of the State who are known to have a knowledge of and an interest in the subject of alcoholism and of two members to be appointed by the Governor, from four nominees from the State at large from among practicing

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physicians in the State submitted by the governing body of The Medical Association of Georgia. The present members of the Advisory Committee on Alcoholism shall continue to serve until their terms have expired. Their successors shall be appointed for a term of seven years and until their successors are appointed and qualified, provided that the first appointments of successors shall be from nominees submitted in accordance with the provisions of this Section by The Medical Association of Georgia, the first such nominee to be a practicing physician and the second such nominee to be a practicing physician who is certified by the American Board of Psychiatry and Neurology, Incorporated. Any vacancy occurring in the membership of the Committee shall be filled by the appointment of the Governor for the unexpired portion of the term in the same manner as the person whose vacancy is being filled was appointed. The Advisory Committee on Alcoholism shall elect one of its members as Chairman and one as Vice Chairman. The Committee shall meet at least as frequently as quarterly and at such other times as may be deemed necessary by the Director of the Department of Health or the Chairman or Vice Chairman of the Committee for the performance of their duties. The members of the Committee shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State Committees. Minutes of the meetings of the Advisory Committee on Alcoholism shall be recorded in the minutes of the meeting of the Board of Health next held after the preparation of such minutes. 88-405. Hospitalization upon court order; judicial procedure; review . (a) Upon the written application of any person, on oath, stating that he believes that another person is an alcoholic and in need of hospitalization or rehabilitation, such application being accompanied by a certificate of a physician stating that he has examined the alleged patient in person not more than ten days prior to the day of such application and is of the opinion that he is an alcoholic and should be hospitalized, the Superior Court of the county in which the alleged patient is found, or the court of Ordinary in which county the alleged patient is found shall take jurisdiction.

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(b) Ten (10) days' written notice of the examination hearing on the application shall be given by the superior court or the court of ordinary to the alleged patient or his attorney or guardian ad litem and to the three nearest adult relatives of such person residing within the State, one of such adult relatives being the spouse of the alleged patient, if any, if such spouse resides in the State. Such notice may be waived in writing by such persons but may be waived in writing on behalf of the alleged patient only by the alleged patient, his guardian ad litem or his attorney. (c) The superior court or court of ordinary may at any time during the proceedings take the alleged patient into custody if deemed necessary for the protection of the alleged patient or others. (d) The superior court or court of ordinary as the case may be shall appoint an examining committee of two physicians who with the county attorney, or an attorney appointed by the superior court or court of ordinary shall be sworn to examine the allegedly alcoholic person according to the best of their ability and report to the court their findings as to the alcoholic condition of said person and as to his need for hospitalization. The judge may issue subpoenas for witnesses to appear before the examining committee and, on their failure to appear, the judge may take the same steps to compel attendance as if the proceeding were before his court. (e) Such examination hearing may be held at the home of the alleged patient, or at any other suitable place, which, in the opinion of the examining committee, is not likely to have a harmful effect on his health. (f) Said examining committee shall file its written report with the court within five (5) days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the alleged patient to be an alcoholic and in need of hospitalization, the superior court or court of ordinary shall, without taking further action, terminate the proceedings and dismiss the application.

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(g) If the examining committee's unanimous report is to the effect that it finds the alleged patient an alcoholic and in need of hospitalization, and the Department of Health has advised the court that such person can be admitted for treatment, the superior court or court of ordinary shall enter an order requiring said patient to be hospitalized. (h) Any order of hospitalization by any court shall be subject to review as provided by law. (i) The clerk of the superior court or the clerk of the court of ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the examination hearing provided for in this Section and for conveying such patient from such county to the Department of Health. The sum to be paid to the members of the examining committee and the guardian ad litem, if any, shall not exceed ten dollars ($10) and expenses to each member. The total costs to be paid to the court for such hearing shall be the sum of twenty-five dollars ($25). In the event the application is dismissed, the cost of the court shall be ten dollars ($10); provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. 88-406. Habeas corpus by persons ordered to the Department of Health for hospitalization . If a writ of habeas corpus be obtained in behalf of a person ordered hospitalized and confined by the Department of Health, and it appears at the hearing on the return of such writ that such person may properly be discharged, or if the person's condition is such that it will be in the best interest for him and for others for him to be discharged, the judge or the justice before whom the hearing is held shall so direct; but, if it appears from the condition of such person that he requires further treatment, he shall be remanded to the care and custody of the Department of Health for further treatment. 88-407. Transferring of patients . The Department of

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Health may transfer alcoholics from one institution created or used by the Department of Health for the purposes of this Chapter to another as it deems necessary and proper for the alcoholics' care and treatment; provided, however, that this Section shall not authorize the transfer of any patient to the Milledgeville State Hospital or any other institution for the treatment of mental illness operated by the Department of Health. 88-408. Hospitalization ordered by courts having jurisdiction of misdemeanor cases . The judge of any court of this State having jurisdiction of misdemeanor cases may, upon finding a person guilty of any violation of the law, which violation is a misdemeanor, resulting from such person's chronic and habitual use of alcohol, order any such person over eighteen (18) years of age to be placed in the care of the Department of Health for hospitalization, care, and treatment for a period as determined by the court and until discharged by the Department of Health, in lieu of the imposition of a sentence; provided, however, that the Department of Health shall have advised the court that such person can be admitted for treatment. Review of such orders of the court may be had in the same manner as now or hereafter provided for review of any other judgments of such court. 88-409. Voluntary patients . The Department of Health may receive as a patient for treatment any alcoholic who shall voluntarily apply to be received by the Department of Health for treatment and may retain said patient until discharged by the Department of Health, and treat and restrain such person in the same manner as if hospitalized by order of court provided, however, that such person must be released within fifteen (15) days after receipt in writing of notice from such person of his intention or desire to leave. 88-410. Convalescence and discharge . Any person placed in the care of the Department of Health for hospitalization, notwithstanding the terms of any order of hospitalization, may be placed on convalescent status for such time and under such conditions as the Department of Health shall judge best. Persons placed in the care of the Department of Health for hospitalization may be discharged by the Department

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of Health pursuant to its regulations, notwithstanding the terms of any order of hospitalization by any court. 88-411. Rights as citizens of persons ordered hospitalized not affected . No person who is placed in the care of the Department of Health by an order of hospitalization for treatment under the provisions of this Chapter, either through voluntary application or involuntary procedure, shall forfeit or be abridged thereby of any of his civil rights. The record of any individual ordered to the Department of Health for treatment, guidance, and rehabilitation shall be confidential and the contents thereof shall not be divulged except on order of a court of competent jurisdiction. 88-412. Providing alcoholic beverages to persons ordered to Department of Health for hospitalization . Any person who knowingly gives, sells, delivers, or otherwise provides any alcoholic beverage, regardless of the minuteness of quantity, to any patient of the Department of Health in a State clinic, hospital, or other facility, or in a private institution, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished as provided by law; provided, however, that the staff of such State clinic, hospital, or facility, or private hospital may administer alcohol in the course of treatment in strict accordance with the prescription of a physician of such institution. CHAPTER 88-5 HOSPITALIZATION OF THE MENTALLY ILL 88-501. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Mentally ill person shall mean a person who is afflicted with a psychiatric disorder which substantially impairs his mental health; and because of such psychiatric disorder requires care, treatment, training, or detention in the interest of the welfare of such person or the welfare of others of the community in which such person resides and

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shall include, but not be limited to, any mental retardation, alcoholism, or drug addiction when due to or accompanied by mental illness or mental disease, or, in the case of any mental retardation, when the mentally retarded person is incapable thereby of making a satisfactory adjustment outside of a psychiatric hospital; (b) Department or Department of Health shall mean the Department of Public Health and includes its duly authorized agent or agents; (c) Psychiatric hospital shall mean any State owned or State operated hospital or school for the diagnosis, care, treatment, training, or detention of persons who are mentally ill, any facility operated or utilized by the United States Veterans Administration or other Federal agency, and any other hospital approved for the purposes of this Chapter by the Department; (d) Patient shall mean any mentally ill person, or any person who is in or under the supervision and control of any psychiatric hospital, or who, because of his mental illness, is under the supervision and control of any court of ordinary of this State; (e) Superintendent shall mean the chief administrative officer of any psychiatric hospital, or a physician designated and appointed as a deputy, agent, or representative of such superintendent and shall include his successor or successors; (f) Physician shall mean a doctor of medicine who is licensed to practice in this State under the provisions of the Georgia Medical Practice Act (Georgia Code Chapter 84-9); or who is employed as a physician by the United States Veterans Administration or other Federal agency; (g) Resident shall mean a person who is a legal resident of the State of Georgia; (h) Chief Officer shall mean any person who is the chief administrative officer or administrator of any hospital, sanitarium, institution, agency, or instrumentality

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maintained or provided by the United States Veterans Administration or by the State of Georgia for war veterans, or any agency or instrumentality thereof wherein mental illnesses are treated; provided that wherever the term chief officer is used, in this Chapter, or is used in any court order, it shall include his successor or successors. All words shall include plural and singular as the context demands. 88-502. Authority to receive voluntary patients . The superintendent of any psychiatric hospital may receive for observation and diagnosis any individual eighteen (18) years of age, or more, making application therefor, and any individual under eighteen (18) years of age for whom such application is made by his parent or guardian. If found to be a mentally ill person, such person may be given care and treatment at such hospital, and such mentally ill person may be detained by such hospital for such period and under such conditions as may be authorized by law. 88-503. Discharge of voluntary patients . The superintendent of the psychiatric hospital shall discharge any voluntary patient who has recovered from his mental illness or whose hospitalization he determines to be no longer advisable. He may also discharge any voluntary patient, if to do so would, in his judgment, contribute to the most effective use of the hospital in the care and treatment of mentally ill persons; provided, however, that in no event shall any such patient be discharged if, in the judgment of the superintendent of such hospital, such discharge would be unsafe for the patient or others. 88-504. Right of voluntary patients to discharge on application . (a) A voluntary patient who requests his discharge in writing, or whose discharge is requested in writing by his legal gurdian, parent, spouse, attorney, or adult next of kin shall be discharged within fifteen (15) days of receipt of such written request by the superintendent of the psychiatric hospital except that (1) if the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge may be

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conditioned upon the agreement of the patient thereto; and (2) if the patient, by reason of being less than the required age, was admitted on the application of another person, his discharge prior to becoming eighteen (18) years of age may be conditioned upon the consent thereto of his parent or guardian; and (3) if in his opinion the discharge of the parent would be unsafe for the patient or others the superintendent shall not approve the request for discharge and shall within three (3) days, Saturdays, Sundays and holidays excepted, after fifteen (15) days from the receipt of the request for discharge, file with the court of ordinary of the county of the patient's residence a certificate stating that in his opinion the discharge of the patient would be unsafe for the patient and others and setting forth the facts upon which such opinion is based, a copy of such certification being given to the patient in person and a copy being sent by registered mail to the patient's legal guardian or his attorney, parent, spouse, or adult next of kin. Such certification shall be deemed to be a certification of a physician and application for the involuntary hospitalization of the patient as provided for in Subsection (a) of Section 88-506 of this Chapter, and proceedings shall be had thereon as provided in the remaining Subsection of Section 88-506. The patient shall remain at the same hospital or other psychiatric hospital as designated by the ordinary pending disposition of the proceedings as provided in Section 88-506 hereof. (b) Notwithstanding any other provisions of this Chapter, proceedings for the involuntary hospitalization of an individual received by a psychiatric hospital as a voluntary patient shall not be commenced unless the discharge of the voluntary patient is first requested as provided in Subsection (a) hereof. 88-505. Reception of involuntary patients . (a) The Department shall receive any resident whose hospitalization is ordered pursuant to the provisions of Section 88-506 hereof. (b) Any hospital approved by the Department for the purpose of this Chapter may receive any individual whose hospitalization on account of mental illness is ordered pursuant

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to the provisions of Section 88-506 hereof; provided, however, that neither the State of Georgia nor any department, agency, or instrumentality thereof, nor any county, nor any court of ordinary shall be obligated by this Chapter for the payment, in whole or in part, of any cost or expense in connection with the care and treatment of such individual by such hospital. 88-506. Hospitalization upon court order; judicial procedure . (a) Upon the written application of any person, on oath, stating that he believes another person is mentally ill and in need of hospitalization, such application being accompanied by a certificate of a physician stating that he has examined the allegedly mentally ill person in person not more than ten (10) days prior to the date of such application, and is of the opinion that he is mentally ill and should be hospitalized, the court of ordinary of the county in which the allegedly mentally ill person legally resides shall take jurisdiction. Such written application shall contain information as to the names and addresses of the three nearest adult relatives, spouse, and guardian, if any, of the allegedly mentally ill person. In case of an allegedly mentally ill person who is a transient, or whose residence cannot be ascertained, or is hospitalized or confined to an institution in a county other than that of his residence, the court of ordinary of the county in which found may exercise jurisdiction under this section, upon the written approval of the judge of the superior court of such county upon satisfactory showing being made that the exercise of jurisdiction therein is in the interest of the public welfare. (b) Ten (10) days written notice of the examination hearing on the application shall be given by the court of ordinary to the alleged patient or his attorney or guardian ad litem and to the three nearest adult relatives of such person residing within the State, one of such adult relatives being the spouse of the patient, if any, if such spouse resides in the State. Such notice may be waived in writing by such persons but may be waived in writing on behalf of the alleged patient only by his attorney or guardian ad litem. (c) The court of ordinary may at any time during the

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proceedings order the sheriff of such county to take the alleged patient in custody, if deemed necessary for the protection of the alleged patient, or others, and provided that an affidavit is submitted by a physician that said patient is violent or for other reasons is liable to do physical harm to himself or others. (d) The ordinary shall issue a commission directed to three reputable persons, two of whom shall be practicing medical physicians in good standing, said physicians to be residents of the county, if that number reside therein, and the county attorney, or some attorney of the county appointed by said county attorney (or, in the case of disqualification of the county attorney, an attorney appointed by the ordinary of the county), or the solicitor of any city court located in said county, and, if no county attorney or solicitor of said city court, the solicitor general of the circuit or some attorney of the county appointed by him. The commission shall be sworn to examine the allegedly mentally ill person according to the best of their ability and to report to the court their findings as to the mental condition of said person and as to his need for hospitalization. The ordinary may issue subpoenas for witnesses to appear before the examining committee and on their failure to appear, the ordinary may take the same steps to compel attendance as if the proceedings were before his court. Provided, however, that in the event the allegedly mentally ill person shall be financially unable to employ counsel to represent said person in said hearing, then the ordinary shall appoint an attorney to represent said person. The attorney so appointed shall be compensated in the same manner and in the same amount as the members of the commission, but he shall not be a member of the commission. (e) Such examination hearing shall be held at the office of the ordinary of the county in which application was made, provided that it may be held at the home of the alleged patient, or at any other suitable place, with the written approval of the judge of the court of ordinary of the county in which application is made. (f) Said examining committee shall file its written report

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with the court within five (5) days after completion of the examination hearing. If said examining committee's report is not unanimous to the effect that it finds the alleged patient to be mentally ill and in need of hospitalization, the court of ordinary shall, without taking further action, terminate the proceedings and dismiss the application. (g) If the examining committee's unanimous report is to the effect that it finds the alleged patient mentally ill and in need of hospitalization, the court of ordinary shall enter an order requiring said patient to be hospitalized as directed by the Department. (h) If a patient ordered to be hospitalized pursuant to the provisions of this Section is eligible for hospital care or treatment by a hospital approved by the Department for the purposes of this Chapter, the ordinary, upon receipt of a certificate from such hospital, stating that facilities are available and that the patient is eligible for care and treatment therein, may order him to be placed in the custody of such approved hospital for hospitalization. Provided, however, that nothing herein contained shall be construed so as to prohibit the ordinary from ordering a person hospitalized in such approved hospital where such person, his guardian, his attorney, his estate, or his adult relatives agree to assume all costs of care incident to his hospitalization. (i) If the proceeding is instituted in a county other than the county of the patient's residence, where known, a copy of the application shall be forthwith sent to the court of ordinary of the patient's residence, by registered mail with return receipt requested, and no action shall be taken thereunder until the lapse of five days after receipt of notice by the ordinary of residence of alleged patient, who shall post a copy of said application on bulletin board at courthouse of the patient's residence. When such proceedings are concluded, a certified copy of same shall be sent to the court of ordinary of the county of the patient's residence who shall file the same of record. (j) The patient or his attorney or next friend or guardian ad litem or any of his three adult relatives above described

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or the applicant under Subsection (a) hereof, if dissatisfied with the order of the court of ordinary, may, within four (4) days, Saturdays, Sundays, and holidays excepted, after the order, upon paying all costs and giving bond and security for all future costs and damages, or making pauper affidavit that he is unable to pay costs or furnish bond due to financial condition, enter an appeal, in the same manner as other appeals from the court of ordinary are made, to the superior court of the county in which the proceedings have been held where the issue shall be submitted to a jury, selected as in other cases, with further rights of review as now or hereinafter provided by law. (k) All persons confined to the county jail or any facility operated in conjunction therewith pursuant to this Code shall be examined, within twenty-four hours after such person has been placed in confinement, by the county physician or a physician licensed to practice medicine who is in the active practice of medicine and who maintains a permanent office. (l) It shall be the duty of the ordinary in whose office the petition or application for the appointment of a guardian or for involuntary hospitalization has been presented and filed to have such person examined. (m) In the event the ordinary does not cause such person to be examined as required, it shall be the duty of the sheriff of the county or other person in charge of the prisoners at said jail or facility to notify the Solicitor General of the Judicial Circuit in which county such jail or facility is located of such failure. (n) The Solicitor General shall notify the next grand jury impaneled in such county of the failure of the ordinary to discharge the duty imposed on him by this Act. 88-507. Hospitalization by an agency of the United States . (a) If a patient ordered to be hospitalized pursuant to the previous Section is eligible for hospital care or treatment by the United States Veterans Administration, or any hospital maintained by the State of Georgia for war veterans, the

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ordinary, upon receipt of a certificate from such hospital showing that facilities are available and that the patient is eligible for diagnosis, care, or treatment therein, may order him to be placed in the custody of such agency for hospitalization. When any such patient is admitted pursuant to the order of such ordinary to any such hospital or institution within or without the State, he shall be subject to the rules and regulations of such agency. The chief officer of any hospital or institution operated by such agency and in which the individual is so hospitalized, shall with respect to such individual be vested with the same powers as the superintendents of psychiatric hospitals or the Department within this State with respect to detention, custody, transfer, furlough, or discharge of such patient, and shall be responsible for giving notice of discharge of a patient to the court of ordinary, if any, which ordered him hospitalized. Jurisdiction is retained in the appropriate courts of this State at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of his hospitalization, and to order his release and every order of hospitalization issued pursuant to this Section is so conditioned. (b) An order of a court of competent jurisdiction of another state, territory, or possession, or of the District of Columbia authorizing hospitalization of a patient by any agency of the United States shall have the same force and effect as to the patient while in this State as in the jurisdiction in which is situated the court entering the order; and the courts of the State or District issuing the order shall be deemed to have retained jurisdiction of the patient so hospitalized, for the purpose of inquiring into his mental condition and of determining the necessity for continuance of his hospitalization, as is provided in Subsection (a) of this Section with respect to patients ordered hospitalized by the courts of this State. Consent is hereby given to the application of the law of the state or district in which is located the court issuing the order for hospitalization with respect to the authority of the chief officer of any hospital or institution operated in this State by the United States Veterans Administration or other Federal agency to retain

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custody, transfer, furlough, or discharge the patient hospitalized; provided, however, that the provisions of this Subsection shall apply only to hospitalization in any hospital or institution operated in this State by the United States Veterans Administration or other Federal agency. 88-508. Transportation; temporary detention . (a) Whenever a patient is about to be hospitalized pursuant to an order of court entered under Subsection 88-506 (g) of this Chapter the ordinary shall arrange for the patient's transportation to the hospital designated by the Department with suitable attendants and by such means as may be suitable for his mental condition. Whenever practicable, the patient to be hospitalized shall be permitted to be accompanied by one or more of his friends or relatives; provided, however, that in no event shall a patient be sent beyond the borders of this State without his consent unless such order of hospitalization is to a facility maintained by United States Veterans Administration. (b) A patient taken into custody under Subsection 88-506 (c) of this Chapter or ordered to be hospitalized pursuant to Subsection 88-506 (g) of this Chapter may be detained in his home or any other suitable facility under such reasonable conditions, as the ordinary may prescribe, but he shall not, except because of and during an emergency, be detained in a nonmedical facility used for the detention of individuals charged with or convicted of penal offenses. The ordinary may take such reasonable measures, including provisions for medical and hospital care, as may be necessary to assure proper care of a patient temporarily detained pursuant to this Subsection. (c) The patient shall be under the jurisdiction of the court of ordinary from the commencement of proceedings pursuant to Subsection 88-506 (a) hereof until the patient is accepted by a psychiatric hospital or until proceedings are dismissed. The sheriff of the county shall have no duty, responsibility, or liability in the procedure except those duties, responsibilities, and liabilities resulting as a matter of course upon the execution of those functions specifically designated by the court of ordinary to the sheriff and his deputies.

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88-509. Medical examination of newly admitted patients . Every patient admitted pursuant to the provisions of this Chapter shall be examined by the staff of the hospital to which he is admitted as soon as practicable after his admission. 88-510. Transfer of patients . (a) The Department may transfer or authorize the transfer of a patient from one psychiatric hospital to another if the Department determines that it would be consistent with the medical needs of the patient to do so. Whenever a patient is transferred, written notice thereof shall be given to the ordinary of the county from which the patient was ordered hospitalized and to his legal guardian, attorney, parents, or spouse, or if none be known, his nearest known adult relative or friend, if they reside in this State. In all such transfers, due consideration shall be given to the relationship of the patient to his family, legal guardian, or friends so as to maintain such relationship and encourage visits beneficial to the patient. (b) Upon receipt of a certificate of an agency of the United States Veterans Administration or the State of Georgia that facilities are available for the care or treatment of any individual ordered hospitalized pursuant to law in any hospital for care or treatment of the mentally ill and that such individual is eligible for care or treatment in a hospital or institution of such agency, the Department may cause his transfer to such agency of the United States or of the State of Georgia for hospitalization. Upon effecting any such transfer, the court ordering hospitalization, the legal guardian, attorney, spouse, or parents, or if none be known, his nearest known adult relative or friend shall be notified thereof immediately by the Department. No person shall be transferred to an agency of the United States Veterans Administration if he be confined pursuant to conviction of any felony or misdemeanor, or if he has been acquitted of the charge solely on the basis of non compos mentis, unless prior to transfer, the court originally ordering confinement of such person shall enter an order for such transfer after appropriate motion and hearing. Any person transferred as provided in this Section to any agency of the United States Veterans Administration or of the State of Georgia shall be

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deemed to be hospitalized by such agency pursuant to the original order of hospitalization. 88-511. Discharge . The superintendent of a hospital shall as frequently as practicable, but not less often than every six months, examine or cause to be examined every patient and, whenever he determines that the conditions justifying the hospitalization no longer exist, discharge the patient and immediately make a report thereof to the Department and to the court of ordinary which ordered the patient hospitalized. 88-512. Convalescent status; rehospitalization . (a) The superintendent of a psychiatric hospital may place an improved patient on convalescent status when he believes that such action is in the best interest of the patient. Placement on convalescent status shall include provisions for continuing responsibility to and by the hospital, including a plan of treatment on an out-patient status, and not less frequently than annually thereafter, the superintendent of the hospital shall review the facts relating to the hospitalization of the patient on convalescent status and, if he determines that in view of the condition of the patient hospitalization is no longer necessary, he shall discharge the patient and make a report thereof to the Department and to the court of ordinary which ordered the patient hospitalized. (b) Prior to such discharge the superintendent of the hospital from which the patient is given convalescent status may at any time rehospitalize the patient. If there is reason to believe that it is to the best interests of the patient to be rehospitalized, the Department or the superintendent of the hospital may so recommend, and the court of ordinary shall issue an order for the immediate rehospitalization of the patient. 88-513. Current examination of involuntary patient; procedure to obtain discharge . (a) After the lapse of three (3) months following the date on which a patient enters psychiatric hospital as required by court order and not more frequently than every six (6) months thereafter, the patient

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or his legal guardian, attorney, spouse, parent, or adult next of kin may request the superintendent in writing to cause a current examination by one or more physicians to be made as to the patient's mental condition and the results of such examination reported to such superintendent. If the request is timely, the superintendent shall cause such current examination and report to be made. The patient or his legal guardian, attorney, parent, spouse, or adult next of kin shall have the right to have present and taking part in such examination any duly qualified physician or physicians provided and paid by such patient, but such physicians shall furnish the superintendent a written report of their findings and conclusions. If the superintendent finds upon examining such reports that the patient is no longer mentally ill, he shall discharge the patient and notify immediately the court of ordinary which ordered his involuntary hospitalization. And the court will thereupon enter its order discharging such patient from provisions of this Act. If the superintendent finds that the patient continues to be mentally ill, he shall not discharge the patient upon such request. Nothing contained herein shall be construed to impair or infringe upon the right of a patient, his legal guardian or his attorney from having an examination of such patient at reasonable times, at no expense to the State, by one or more physicians or psychologists authorized by law to practice their profession in this State. Such examination may be conducted to the exclusion of all personnel of the institution in which the patient is confined. (b) If the patient is dissatisfied with the findings of the superintendent that he continues to be mentally ill, and at least one of the physicians, including a physician provided and paid by such patient, making the current examination of the patient's mental condition reports that the patient is no longer mentally ill, the patient may, through himself, his attorney, guardian, spouse, or adult next of kin, petition in writing the court of ordinary of the county of his hospitalization or the court of ordinary which ordered the patient hospitalized for an order directing the superintendent to discharge him, and he shall attach thereto a copy of the report of such physician. The court of ordinary shall cause a copy

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of such petition and report to be served upon the superintendent and an entry of such service made upon the original thereof. Thereafter, upon notice to the parties a hearing shall be set according to the procedures in Section 88-506, and the court of ordinary shall enter its order either denying or granting such petition, with further rights of appeal and review as provided in Subsection 88-506 (j) of this Chapter. 88-514. Right to humane care and treatment . Every patient shall be entitled to humane care and treatment and, to the extent that facilities, equipment, and personnel are available, to medical care and treatment in accordance with the highest standards accepted in medical practice. 88-515. Mechanical restraints . Mechanical restraints shall not be applied to a patient unless it is determined by the superintendent of the hospital or his designee to be required by the medical needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the clinical record of the patient and each such entry on the clinical record shall be signed by the superintendent of the hospital or his designee. 88-516. Right to communication and visitation; exercise of civil rights . (a) Subject to the general rules and regulations of the hospital and except to the extent that the superintendent determines that it is necessary for the medical welfare of the patient to impose restrictions, every patient shall be entitled: (1) to communicate by sealed mail or otherwise with persons, including official agencies, inside or outside the hospital; (2) to receive visitors; and (3) to exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote, unless he has been determined by the court of ordinary pursuant to Georgia Code Chapter 49-6 to be mentally ill to the extent that he is incapable of managing his estate and has not been restored to legal capacity pursuant to Georgia Code Section 49-605. (b) Notwithstanding any limitation authorized under this section on the right of communication, every patient shall

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be entitled to communicate by sealed mail with the Department, the superintendent, an attorney or his next of kin and with the court, if any, which ordered his hospitalization and such patient shall have the right to confer with an attorney at reasonable times. (c) Any limitations imposed by the superintendent on the exercise of these rights by the patient and the reasons for such limitations shall be made a part of the clinical record of the patient. 88-517. Writ of habeas corpus . Any individual hospitalized pursuant to this Chapter shall be entitled to the writ of habeas corpus under proper petition by himself or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which he is hospitalized. 88-518. Disclosure of information and records . Records, documents, and information in the possession of a psychiatric hospital concerning any individual prior to the time he is admitted to such hospital, whether voluntarily or by court order, and concerning any patient during the period of his care and treatment, and which are not made a part of any court record, shall not be disclosed except to a court with contempt powers on its order or in response to its subpoena duces tecum, to an officer, physician, or employee of the hospital requiring the same for the performance of his duties or a physician or licensed registered nurse in the employ of the Department or a county department of health who requires such information in follow-up work and aftercare for the benefit of the patient and the patient's family, unless a written request therefor is made to the superintendent of the hospital and the superintendent finds that adequate reason has been shown for the disclosure of such records, documents, or information. 88-519. Additional powers of Department . In addition to the other powers provided by this chapter, the Department shall have the authority to prescribe the forms of applications, records, medical certificates, and any other forms required or used under the provisions of this Chapter and the information required to be contained therein, to require

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such reports from the superintendent of any psychiatric hospital as it may find necessary to the performance of its duties or functions, to visit each hospital regularly to review the hospitalization procedures applied to all patients, to determine the care and treatment being given any and all patients, to investigate complaints and make reports and recommendations relative to same, and make effective such procedures and orders as may be appropriate to carry out the provisions of this Chapter. Provided, however, that the requirements of this Section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Veterans Administration or other Federal agency. 88-520. Expenses of hearings; how paid . The ordinary shall draw his warrant upon the treasury of his county for such sum or sums as shall be actually necessary or requisite to defray the expense of the hearing, transportation, and temporary detention and the services of the guardian ad litem representing said patient as provided for in Section 88-506 hereof and for conveying such patient from such county to the hospital. The sum to be paid to the members of the examining committee shall not exceed ten dollars ($10) and actual expenses to each member. The total costs to be paid to the ordinary for such hearing shall be the sum of twenty-five dollars ($25). In the event the application is dismissed as provided in Section 88-506 (f) the cost of the ordinary shall be ten dollars ($10). Provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the patient, his estate, or person or persons legally obligated or responsible for the support of such person shall be able or sufficient to defray such expenses. The cost on appeal to the superior court shall be the same as provided for in other appeals from the court of ordinary. 88-521. Procedure upon discovery that individual is a non-resident . If, at any time after an individual is ordered to be taken into custody pursuant to the provisions of Section 88-506 hereof, or application is made thereunder for his involuntary hospitalization, or during the period such individual

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is receiving care or treatment pursuant to such order, it is discovered that the individual involved is not a resident as defined in Section 88-501 hereof, the court before which the matter is pending or the superintendent of the hospital having charge of such patient, shall seek his transfer to the custody of authorities of the state of his prior residence or to a publicly owned or publicly operated psychiatric hospital in the state of his prior residence; provided, that nothing contained in this Section shall prevent the voluntary hospitalization of such individual under this Chapter for which due payment is made by such individual or others on his behalf or prevent the transfer, custody, care, or treatment of such individual in accordance with the terms of a reciprocal agreement between the State of Georgia and any other state, the District of Columbia, or territory or possession of the United States. This Section shall not apply to persons confined to any facility operated by or under the control of the United States Veterans Administration or other Federal agency. CHAPTER 88-6 MENTAL HEALTH 88-601. Powers and duties of Department of Health in mental health . The Department of Health shall have administrative responsibility for and supervision of the State program for mental health. The Department of Health shall: (a) exercise general supervision and control of the State's program for mental health; (b) direct, supervise, and control the medical and physical care, treatment, and mental rehabilitation of patients in the institutions under the control, management, or supervision of the Department of Health; (c) exercise all other powers and duties commensurate with the purposes of this Chapter, including but not limited to the prevention of mental illness, the treatment, care, custody, diagnosis, and the rehabilitation of mentally ill persons either hospitalized in institutions under the control,

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management, or supervision of the Department of Health or voluntarily subject to such institutions or other programs administered by the Department of Health, together with the duties and powers hereinafter set forth and such other duties and powers as may be deemed necessary to effectuate the purposes of this Chapter; and (d) adopt and promulgate such rules and regulations as are necessary and proper to carry out the purposes of this Chapter. 88-602. Establishment and operation of facilities for treatment over the State of Georgia . The Department of Health, or its duly authorized agent or agents, shall have the power to establish facilities provided funds are available therefor for the treatment of the mentally ill over the State of Georgia. Such facilities shall be operated, supervised, and staffed as directed by the Department of Health. The Department of Health, or its duly authorized agent or agents, shall have authority to negotiate with and contract for services in the field of mental health with public or private hospitals, medical schools, training institutions, appropriate departments or agencies of the State, county, or municipal governments, or any person, partnership, corporation, public or private, for services in the field of mental health, personnel training in the field of mental health, and other purposes set forth under this Chapter provided that the other contracting party be and remain a nonprofit institution. The Department of Health shall prescribe the procedure for admission to, treatment in, and discharge from treatment centers established pursuant to this Section. 88-603. Training of professional and technical personnel . The Department of Health, or its duly authorized agent or agents, shall be authorized and is directed to establish and maintain an adequate program for training the professional, semi-professional, and technical personnel necessary to maintain and operate programs, facilities, and institutions authorized by law in the field of mental health.

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CHAPTER 88-7 TUBERCULOSIS HOSPITALIZATION 88-701. Contagious tuberculosis; definition; declaration of policy . Contagious tuberculosis as used in this law is tuberculosis in form where tubercle bacilli are being discharged whether continuously or at irregular intervals. Such contagious tuberculosis shall have the same meaning as infectious tuberculosis and communicable tuberculosis and is hereby declared to be dangerous to the public health. 88-702. Misdemeanors upon hospital grounds . It shall be a misdemeanor, punishable as provided now or hereafter by law, for any patient or person found upon the premises of any hospital operated by the Department of Health for the treatment of tuberculosis to: possess or sell any malt, beer, wine, or other alcoholic liquors or dangerous drugs; sell or furnish any of the same to any patient or patients of said hospital; be intoxicated upon the premises of said hospital; trespass upon the premises or lands of said hospital after due notice has been given; escape, if committed by a court order; aid or abet any committed patient or patients to escape; possess, sell, give, or furnish any dangerous drugs, as now or hereafter defined by Georgia laws, except upon order of a staff physician employed by said institution. 88-703. Enforcement of rules and regulations by county boards of health . The county boards of health or their duly authorized agents shall enforce rules and regulations adopted by the Department of Health for the protection of public health, in their respective limits, and shall require such isolation as is deemed necessary of any person who has contagious tuberculosis and who endangers public health by violating the rules and regulations promulgated by the Department of Health to protect the public against contagious tuberculosis. 88-704. Conduct of diseased person likely to expose others; petition for commitment . When it is brought to the attention of any county board of health or the Department of Health that any person known to have or suspected of having

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contagious tuberculosis is violating the rules, regulations, or orders promulgated by the Department of Health, and is thereby conducting himself so as to expose other persons to danger of infection, after having been directed by the Department of Health or county board of health to comply with such rules, regulations, or orders, the county board of health or Department of Health shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides, or if such person be a nonresident or has no fixed place of abode, then in the county wherein such person may be found. Strictness of pleading shall not be required and a general allegation that the public health requires commitment of the person named therein including the name of the disease shall be sufficient. 88-705. Hearing on petition by superior court; order; physical examination; court costs . Immediately upon petition being filed pursuant to Section 88-704 hereof, the judge of the superior court shall set the matter down for a hearing either during term time or in vacation, which time of hearing shall not be less than five (5) days nor more than fifteen (15) days subsequent to filing. Where prayed for in the petition, the judge shall also provide as a part of such order for the examination of such person named in said petition by a licensed physician, which shall include sputum examinations by a laboratory approved by the Department of Health and a recent chest X-ray picture of good diagnostic quality interpreted by a physician licensed to practice under the Georgia Medical Practice Act (Georgia Code Chapter 84-9). Such order shall require the person or persons named in said order to make such examination. Any X-ray picture and report, or any written report as to sputum examination, shall be admissible in evidence without the necessity of the personal testimony of the person or persons making such examination and report. All court costs incurred in proceedings under this law, including examinations required by order of court, but excluding any examinations procured by the person named in the petition, shall be borne by the county wherein the proceedings are brought. 88-706. Procedure where there is danger of diseased person

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absconding . Where danger exists that the person named in the petition may abscond or conceal himself, or where the danger to public health is imminent, the court may, as a part of the order hereinbefore referred to, direct the sheriff or his deputies to take such person into custody pending hearing and confine him in such suitable quarters as will not endanger other persons. 88-707. Service of copy of petition and order; contempt for failure to comply . A copy of the petition and order shall be served on the person named in such petition, and any failure of such person to comply with said order or the notice by the persons appointed therein to make said examinations shall be enforceable by attachment for contempt. 88-708. Report of persons making examination; service of copies . The person or persons appointed by said order to make the examination shall file a report thereof, in triplicate, in the court wherein the proceeding as pending. The clerk of the superior court shall forthwith make service of one copy on the agency instituting the proceeding and one copy on the party named as defendant therein, which services shall be personal or by certified or registered mail, addressee only. 88-709. Order based upon hearing; commitment of patient to hospital; costs of transportation . Upon the hearing set in the order, the court, after considering the petition, the report of the examination, if any, and such other evidence as may be produced by the parties, shall pass an order either dismissing the petition or committing the defendant to the custody of the sheriff of said county or his deputies to be delivered to the Superintendent of the Battey State Hospital or such other hospital as may be approved and supported by the Department of Health for the care of tubercular patients. The costs of transporting such person to said hospital shall be paid out of county funds. 88-710. Review of commitment order . Such order shall be subject to review at the instance of either party by direct bill of exceptions.

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88-711. Confinement of patients during contagious period . Upon commitment the patient shall be confined in Battey State Hospital or such other hospital as may be approved and supported by the Department of Health for the care of tubercular patients until such time as the superintendent thereof determines that the patient no longer has contagious tuberculosis or that his discharge will not endanger public health; provided, however, that short emergency leaves in the event of death or critical illness in the family or short therapeutic leaves may be granted under conditions which would not adversely affect the public health and in accordance with rules and regulations established by the Department of Health. 88-712. Procedure to secure discharge; examination; hearing; review; limitation on frequency of applications . Anytime after commitment the patient, or any friend or relative having reason to believe that such patient no longer has contagious tuberculosis or that his discharge will not endanger public health, may institute proceedings by petition in the superior court of the county wherein the confinement exists, whereupon the judge of said court shall set the matter down for hearing before him within fifteen (15) days requiring the person or persons to whose care the patient was committed, or their duly authorized agents, to show cause on a day certain why the patient should not be discharged. The judge shall also require that the patient be allowed the right to be examined prior to the hearing by a licensed physician of his own choice, if so desired, at his own personal expense. Thereafter all proceedings shall be conducted the same as on proceedings for commitment with the right of appeal by either party by direct bill of exceptions; provided, however, such petition for discharge shall not be brought or renewed more often than once every six months. 88-713. No commitment for diseased person who obeys rules and regulations . No person having contagious tuberculosis who, in his home or other place, obeys the rules and regulations of the Department of Health and county boards of health for the control of contagious tuberculosis or who voluntarily accepts care in a tubercular hospital, his home,

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or other place and obeys the rules and regulations of the Department of Health for the control of contagious tuberculosis shall be committed as hereinbefore prescribed. 88-714. Taking into custody and return of committed person leaving hospital without authority . Any person committed on court order who leaves a hospital operated by the Department of Health for the treatment of tuberculosis to which he has been committed by court order, without having been discharged by the superintendent or other officer in charge, shall be taken into custody and returned thereto by the sheriff of any county where such person may be found, upon affidavit being filed with said sheriff by the superintendent of the hospital, or duly authorized officer in charge thereof, to which said person had been committed. CHAPTER 88-8 ARTICLES OF BEDDING SANITATION 88-801. Definitions . Unless the context clearly disclosed a different meaning, the following words, phrases and terms as used in this Chapter shall have the following meanings: (a) The words articles of bedding mean any of the following type of goods which are intended for use by any human being for sleeping purposes: any mattress, mattress pad, mattress protector, upholstered spring, comforter, quilted pad, quilt, cushion or pillow which is stuffed or filled in whole or part with concealed material and which is not smaller than twelve inches in its greatest dimensions. (b) The word manufacturer means a person who either by himself or through employees or agents, makes any article of bedding in whole or in part, or who does the upholstery or covering of any unit thereof, using either new or previously used material. (c) The word person means: any individual, corporation, partnership or association. (d) The words new material means: any material

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which has not been used in the manufacture of another article or used for any other purpose. (e) The words previously used material means: any material which has been used in the manufacture of another article and subsequently torn, shredded, picked apart, or otherwise disintegrated, including jute and shearings. (f) The words renovator and reupholsterer shall mean: any person who repairs, makes over, recovers, restores, or renews any article of bedding for the owner for a consideration. (g) The word sell or sold shall, in the corresponding tense, include: sell, offer to sell, barter, trade, rent, or possess with intent to sell, deliver or consign in sale, or dispose of in any other commercial manner. (h) The word sweeps or oily-sweeps as used in the cotton waste trade shall be construed to mean mill floor sweepings and shall be classed as previously used material. (i) The word felt shall mean: material which has been carded in layers by a garnett machine. All words shall include plural and singular as the context demands. 88-802. Department of Health to enforce Chapter . The Department of Health is hereby authorized and empowered, through its duly authorized representatives, to enforce all of the provisions of this Chapter. 88-803. Sale or manufacture in violation of Chapter; Rules and Regulations; Revocation of Certificate of Registration . It is the intention of this Chapter to prevent both the manufacture and sale in this state of articles of bedding unless manufactured and sold in conformity with its provisions. The Department of Health may make and enforce reasonable rules and regulations for the enforcement of this Chapter, and may suspend, revoke and void the certificate of registration of any person convicted of violating the provisions

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of this Chapter. Any person, a non-resident of this State, who has been issued a certificate of registration and who fails or refuses to enter an appearance in any court of record in this State to answer charge or charges of violation within twenty-five days after service upon him of a notice by registered mail so to do, may have his certificate of registration preemptorily revoked by the Department of Health. The articles of bedding manufactured or sold by such person shall not thereafter be sold in this State until such person has paid a special inspection fee of one hundred dollars and the Department of Health has determined that such person is complying with the provisions of this Chapter; whereupon the Department of Health shall reinstate or reissue the Certificate of Registration to such person. 88-804. Certificates of Registration . No person, except for his own use, shall make, reupholster, or renovate articles of bedding, as heretofore defined, for sale in the State of Georgia without first securing a numbered certificate of registration from the Department of Health and paying the fee established for said certificate of registration as hereinafter set forth. The payment and charge for this certificate of registration shall constitute an inspection charge for the purpose of enforcing this Chapter. Said certificate of registration shall expire one year from date of issue or until voided by a violation of this Chapter, whichever event occurs first in time. (A) Manufacturers of Articles of Bedding $100.00 (B) Renovators and Reupholsterers of Articles of Bedding $ 25.00 88-805. Exemptions for blind persons and agencies of state and local governments . Notwithstanding anything contained in this Chapter, a plant or place of business owned solely by blind persons, in which place of business not more than one seeing assistant is employed in the manufacture, renovation or reupholstering of articles of bedding, and state or local governmental agencies manufacturing article of bedding for any governmental use in this State shall not be required to pay any fee for a certificate of registration

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as herein provided, but shall be required to conform to all other provisions of this Chapter. 88-806. Approval of sterilizing process . Every person applying for a certificate of registration hereunder shall furnish a detailed drawing and description of any sterilizing apparatus and process to be used, which apparatus and process shall meet with the approval of the Department of Health before the applicant shall be entitled to a certificate of registration. 88-807. Used material to be sterilized . No person subject to this Chapter shall use any previously used material which, since last used, was not sterilized by a process approved by the Department of Health. 88-808. Used articles of bedding to be sterilized . No person shall sell a used article of bedding unless sterilized, since last used, by a process approved by the Department of Health; provided that nothing in this Chapter shall be construed as prohibiting public sales under process of law or sales by an executor or an administrator of an estate. 88-809. Indentification of articles of bedding . Any person who receives articles of bedding for renovation, reupholstering or storage shall keep attached thereto, from the time he receives it, a tag on which is legibly written the date of receipt and the name and address of the owner. 88-810. Tags and Details on Tags . No person shall manufacture, renovate, reupholster or sell any article of bedding to which there is not securely sewed a cloth-backed tag at least six square inches upon which there shall be stamped or printed with ink in the English language: (a) the name of the material or materials used to fill such articles of bedding; (b) the name and address of the manufacturer, renovator, upholsterer or vendor of the article of bedding; (c) the manufacturer's, upholsterer's or renovator's Certificate

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of Registration number issued by the Department of Health; and (d) the words Made of New Materials if such mattress contains no previously used material; or the words Made of Previously Used Material if such mattress contains any material classified as Previously Used Material, or the words Second Hand on any mattress which has been previously used but not remade. The words so stamped shall be in letters at least one-eighth of an inch high and the tag shall contain nothing of a misleading nature and shall be sewed to the outside cover of every article of bedding being manufactured, renovated or reupholstered before the filling material has been placed therein, and no person, other than a purchaser for his own use, shall remove from articles of bedding or deface or alter the tag required thereunder. 88-811. Inspection of premises . The Department of Health is hereby authorized and empowered to inspect every place where articles of bedding are manufactured, renovated, reupholstered or sold or where material used in the manufacture, renovating or reupholstering is mixed, worked, sold or stored. 88-812. Opening and inspection of mattresses; Power to seize and hold as evidence . When a duly authorized representative of the Department of Health has reasonable cause to believe that an article of bedding is not tagged or filled as required hereunder, he shall have authority to open a seam of such article of bedding for the purpose of examining the filling and shall likewise have authority and power to examine any purchase records or invoices necessary to determine the kind of material used in such article of bedding. He shall have power to seize and hold for evidence any article of bedding or material made, possessed, or offered for sale contrary to the provisions of this Chapter. 88-813. Invoices of materials . The Department of Health shall have power to require any person supplying material to manufacturer, renovator or reupholsterer to furnish such

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manufacturer, renovator or reupholsterer an itemized invoice of all materials so supplied, which shall be retained by such manufacturer, renovator or reupholsterer, for one year subject to inspection by the Department of Health. 88-814. Disposition of fees . Fees collected by the Department of Health under the provisions of this Chapter shall be deposited in the general fund of the State Treasurer. 88-815. Possession prima facie evidence . The possession of one or more articles covered by this Chapter, when found in any store, warehouse, or place of business other than a private home, hotel, or other place where such articles are ordinarily used, shall constitute prima facie evidence that the article or articles so possessed are possessed with intent to sell or process the same for sale. 88-816. Severability of provisions of this Chapter . If any of the sections or provisions of this Chapter are held to be unconstitutional, the same shall not affect the remaining sections or provisions hereof. 88-817. Violations . Any person who violates the provisions of this Chapter shall, upon conviction thereof, be adjudged guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Each article of bedding manufactured, renovated or reupholstered contrary to the provisions of this Chapter shall be a separate and distinct violation and offense. CHAPTER 88-9 AIR QUALITY CONTROL 88-901. Air quality control . The Department of Public Health and county boards of health are empowered to conduct studies and research to determine factors responsible for air pollution; to determine physiological effects of air pollutants on health and safety; and to render advice and make recommendations in connection with the foregoing. The Department of Public Health may develop and publish

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recommended standards of quality for air which reflect relationship between intensity and composition of air pollution and health and disease and determine the maximum allowance standards of emission of exhaust contaminants from all sources consistent with the public health and safety, so as to make recommendations to the General Assembly. CHAPTER 88-10 FOOD SERVICE ESTABLISHMENTS 88-1001. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) the term food service establishment means and includes establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes but is not limited to restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns, lunch rooms; places manufacturing, wholesaling, or retailing sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishment; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called. (b) the term person or persons means any individual, firm, partnership, corporation, trustee or association, or combination thereof. 88-1002. Permit required . It shall be unlawful for any person to operate a food service establishment as herein defined without having first obtained a valid permit therefor. Such permits shall be issued by the county board of health, or its duly authorized representative, subject to supervision and direction by the Department of Health, but where the county board of health is not functioning, such permit shall be issued by the Department of Health. Such

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permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. Provided, however, that nothing contained herein shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments. 88-1003. Permits . The Department of Health, or county boards of health acting as agents of the Department of Health, shall have the power and authority to issue permits to operate food service establishments and to suspend or revoke such permits in accordance with the rules and regulations adopted and promulgated as herein provided; provided, however, that when, in the judgment of the Department of Health or the county board of health, acting as agent of the former, it is necessary and proper that such application for a permit be denied or that the permit previously granted be suspended or revoked, the applicant or holder thereof shall be afforded notice and hearing as provided in Chapter 88-3. In the event that such application is finally denied, suspended, or revoked, the applicant or holder of the permit shall be notified in writing, specifically stating any and all reasons why the application has been denied or the permit has been suspended or revoked. 88-1004. Powers and duties of the Department of Health and county boards of health . For the purpose of protecting the public health, the Department of Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this Chapter, including the establishment of reasonable standards of sanitation for food service establishments and the examination and condemnation of unwholesome food therein. County boards of health are empowered to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the Department of Health. Provided, however, that non-profit schools and institutions serving family-style meals, shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the

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dispensing of milk in the kitchens and dining halls of such schools and institutions, provided such shcool or institution produces the milk on the school farm passing the Georgia Health Department and local health department sanitary requirements. 88-1005. Food Service Advisory Council; members; meetings; compensation . There shall be established a Food Service Advisory Council, the members of which shall be appointed by the Governor. The Council shall advise the Department of Health relative to rules and regulations to be adopted and promulgated by the latter. The Council shall consist of five members, two of whom shall be the operators of food service establishments, having their principal food service establishment located in a county having a population of less than 20,000 according to the U. S. Census of 1960 or any subsequent census; one member who shall be the operator of a food service establishment having his principal food service establishment located in a county having a population of 20,000 or more but less than 50,000, according to the U. S. Census of 1960 or any subsequent census; and two members who shall be the operators of food service establishments having their principal food service establishments located in a county having a population of 50,000 or more according to the U. S. Census of 1960 or any subsequent census. The persons now serving shall serve out the remainder of their respective terms, and until their successors are duly appointed and qualified. Thereafter, all appointments shall be made for a term of four years until their successors are duly appointed and qualified. Vacancies in the membership of said Council shall be filled in the same manner as the original appointments, and the person so appointed shall serve out the remainder of the term for which appointed and until his successor is duly appointed and qualified. The Council shall select one of its members to serve as chairman and one member to serve as vice-chairman. The Council shall meet at the call of the Director of the Department of Health at such times as he may deem necessary and proper or as may be requested in writing by three members of such Council at a time and place to be fixed by the Director; provided, however, that such time shall be within ten (10) days following

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the receipt of such request. Members of the Council shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State councils. The Council shall meet at least as frequently as semi-annually or at the call of the Chairmen and minutes of the meetings of the Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes. 88-1006. Enforcement . The Department of Health, and the county boards of health, acting as duly authorized agents of the Department of Health, are hereby empowered to enforce compliance with the provisions of this Chapter and rules, regulations, and standards adopted and promulgated hereunder, and their duly authorized representatives are empowered to enter upon and inspect the premises of any food service establishment as provided in Chapter 88-3 of this Title. 88-1007. Review by Department of Health; appeal to superior court . Any person aggrieved by any final order or determination of any county board of health denying, suspending, or revoking any permit hereinbefore referred to may secure review thereof by the Department of Health by appeal in the manner prescribed in Chapter 88-3. Any person aggrieved by any final order or determination made by the Department of Health, whether originally or on appeal may secure review thereof by appeal to the superior court in the manner prescribed in Chapter 88-3. 88-1008. Misdemeanor . Any person violating any provision of this Chapter or any rule or regulation promulgated hereunder by the Department of Health or by any county board of health shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. CHAPTER 88-11 TOURIST COURTS 88-1101 . For the purpose of this Act, tourist court is hereby defined as any facility consisting of two or more

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rooms or dwelling units providing lodging and other accommodations for tourists and travelers and includes tourist courts, tourist cottages, tourist homes, trailer parks, trailer courts, motels, motor hotels, hotels and any similar place by whatever name called and any food, beverage, laundry, recreational or other facilities or establishments operated in conjunction therewith. Tourist court defined. 88-1102. Permit required . It shall be unlawful for any person, firm, or corporation to operate a tourist court as here defined without having first obtained a valid permit therefor. Such permits shall be issued by the county board of health, or its duly authorized representative, subject to supervision and direction by the Department of Health, but where the county board of health is not functioning, such permit shall be issued by the Department of Health. Such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. 88-1103. Issuance, suspension, and revocation of permits . The county boards of health may issue permits to operate tourist courts and may suspend or revoke permits where the health, sanitation, and safety of the public requires such action; provided, however, that when, in the judgment of such board or its duly authorized agents, it is necessary and proper that such application for a permit be denied or that a permit previously granted be suspended or revoked, the applicant or holder of the permit shall be notified thereof in writing and shall be afforded an opportunity for hearing as provided in Chapter 88-3. In the event that such application is finally denied or such permit finally suspended or revoked the applicant or holder thereof shall be notified in writing, specifically stating the reasons why the application or permit has been suspended, revoked, or denied. 88-1104. Review appeal . Any person substantially affected by any final order of the county board of health denying, suspending, revoking, or refusing to renew any permit hereunder provided, may secure review thereof by appeal to the Department of Health as provided in Chapter 88-3 hereof.

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88-1105. Rules and regulations . The Department of Health and county boards of health shall have the power to make and promulgate rules and regulations to insure the protection of the public health by prescribing reasonable standards for health, sanitation, and safety of tourist courts as pertains to the location, drainage, and maintenance of grounds; size, ventilation, and maintenance of sleeping rooms, toilet and wash rooms, laundry rooms where provided; installation and safety of all exposed electrical wiring and equipment; heating appliances, equipment, and installation; water supply, plumbing fixtures, and installations; sewage disposal; garbage and refuse disposal; control of vermin; accident prevention; and the spacing of trailer coaches and lighting of trailer parks. County boards of health are empowered to adopt and promulgate supplementary rules and regulations consistent with those adopted and promulgated by the Department of Health. 88-1106. Enforcement of rules and regulations; inspections . The Department of Health and the county boards of health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of the Chapter and rules and regulations adopted and promulgated hereunder, and in connection therewith to enter upon and inspect the premises at any reasonable time and in a reasonable manner, as provided in Chapter 88-3 of this Title. 88-1107. Operation without permit . Any person, firm, or corporation operating a tourist court without a valid permit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. CHAPTER 88-12 CONTROL OF PREVENTABLE DISEASES 88-1201. Power to conduct research and studies . The Department of Public Health and county boards of health are empowered to conduct studies, research, and training appropriate to the prevention of diseases and accidents and the

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use and control of toxic materials, and the prevention of environmental conditions which, if permitted to develop or continue, would likely endanger the health of individuals or communities. 88-1202. Notification of disease . The Department of Public Health is empowered to declare certain diseases and injuries to be notifiable diseases and require the reporting of same to the county board of health and the Department of Public Health in a manner and at such times as may be prescribed, supplying essential data as deemed necessary and appropriate for the prevention of diseases and accidents. 88-1203. Power to require immunizations and other preventive measures . The Department of Public Health and all county boards of health are empowered to require, by appropriate rules and regulations, persons located within their respective jurisdictions to submit to vaccination against contagious or infectious disease where the particular disease may occur whether or not the disease may be an active threat at the moment. Further, the Department of Public Health may require such measures to be taken to prevent infectious matter present in the person or environment or the infected individuals from being conveyed to other persons. Provided, however, in the absence of an epidemic or immediate threat thereof, this Section shall not apply to any person who shall object thereto in writing on the grounds that such immunization and other preventive measures conflict with the religious tents and practices of a well recognized religious denomination, whose teachings include reliance on prayer or spiritual means alone for healing, of which he is an adherent or member. 88-1204. Isolation; segregation; quarantine . The Department of Public Health and all county boards of health may, from time to time, require the isolation or segregation of persons with communicable disease or conditions likely to endanger the health of others and require quarantine or surveillance of carriers of disease and persons exposed to, or suspected of being infected with, infectious disease during such period until they are found to be free of the infectious agent or disease in question.

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88-1205. Importing and selling animals and birds . In addition to its other powers in the control of preventable diseases, the Department of Public Health may by rules and regulations and orders provide for the licensing, registration, supervision, and investigation of all firms or persons importing, purchasing, breeding, or selling any birds or animals as pets, or any birds or animals which are customarily kept as pets, and may require all such firms to comply with reporting and record keeping requirements and marking, banding, or otherwise identifying such birds or animals. The Department of Public Health is further empowered to prescribe rules and regulations governing the shipment, transportation, or carriage of such birds or animals and require such other control measures deemed necessary to prevent infectious matter present in birds, arthropods, and animals from being conveyed to persons unless the responsibility of such control is by law delegated to some other agency. 88-1206. Occupational health . The Department of Public Health and the county boards of health are empowered to conduct studies and research pertaining to the operation and maintenance of industrial, commercial, business, or other facilities where people congregate or work for the purpose of safeguarding the health of the employees and the public generally. The Department of Public Health may issue such orders and directives in any particular instance as shall be necessary to abate or minimize any practice or any operation or condition that constitutes or may be reasonably deemed to constitute a hazard to the health and safety of the employees and the public generally. Administrative hearings and reviews and enforcement of such orders and directives shall be governed by the provisions of Chapter 88-3 of this Title. 88-1207. Duties of person in charge of facility . In carrying out the provisions of this Chapter it shall be the duty of the person in charge of any industrial, commercial, business, or other facility where people work, live, or congregate, upon reasonable notice and at reasonable times, to grant entry of duly authorized agents of the Department of Public Health and of any county board of health.

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CHAPTER 88-13 RADIATION CONTROL 88-1301. Title . This Chapter shall be known and may be cited as the Georgia Radiation Control Act. 88-1302. Declaration of policy . It is the policy of the State of Georgia, in furtherance of its responsibility to protect the public health and safety: (a) to institute and maintain a program to permit development and utilization of sources of ionizing radiation for purposes consistent with the health and safety of the public; and (b) to prevent any associated harmful effects of ionizing radiation upon the public through the institution and maintenance of a regulatory program for all sources of ionizing, radiation, providing for: (1) compatibility with the standards and regulatory programs of the federal government for by-product, source, and special nuclear materials; (2) a single, effective system of regulation within the State; and (3) a system consonant insofar as possible with those of other states. 88-1303. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Ionizing radiation means gamma rays and x-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves, or visible, infrared, or ultraviolet light. (b) Radiation machine means any device designed to produce or that produces ionizing radiation or nuclear particles when the associated control devices of the machine are operated. (c) Radioactive material means any solid, liquid, or gas that emits ionizing radiation spontaneously. (d) Permissible ionizing radiation exposure means an

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amount of ionizing radiation for an individual that may be established in standards adopted by the Department of Public Health. (e) Person means any individual, corporation, partnership, association, trust, estate, public or private institution, agency, political subdivision of this State, any other state, or political subdivision or agency thereof. (f) Department means the Department of Public Health. (g) LicenseGeneral and Specific: (1) General License means a license, effective pursuant to rules and regulations promulgated by the Department, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices, radiation machines or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. (2) Specific license means a license issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices, or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. (h) By-product material means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material. (i) Source material means (1) uranium, thorium, or any other material which the Department declares to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such; or (2) ores containing one or more of the foregoing materials, in such concentration as the Department declares to be source material after the United States Atomic Energy Commission, or any successor thereto, has determined the material in such concentration to be source material.

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(j) Special nuclear material means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the Department declares to be special nuclear material after the United States Atomic Energy Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material. 88-1304. Designation of State radiation control agency . The Department is hereby designated the State agency to administer a statewide radiation program, consistent with provisions of this Chapter. 88-1305. Radiation Control Council . There shall be established within the Department a Radiation Control Council, hereinafter called the Council, responsible to and reporting to the State Board of Health, which Council shall have the duty of advising the Department on matters pertaining to ionizing radiation and standards, rules and regulations to be adopted, modified, promulgated or repealed by the Department. No standards, rules or regulations shall be adopted, modified, promulgated or repealed by the Board of Health except after consultation with and advice by the Council. The Council shall consist of five (5) members appointed by the Governor as follows. The Governor shall appoint one member from two persons nominated by the governing body of The Medical Association of Georgia. The Governor shall appoint one member from two persons nominated by the governing body of the Georgia Dental Association. The Governor shall appoint one member from two persons nominated by the governing body of the Georgia Radiological Society. The Governor shall appoint one member from two persons having recognized knowledge in the field of ionizing radiation and its biological effects nominated by the governing body of the Associated Industries of Georgia. The Governor shall appoint one person from the State at large having recognized knowledge in the field of ionizing radiation and its biological effects. The terms of office of the five (5) members first appointed shall be as follows: The member nominated by the Medical Association of Georgia shall be

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appointed for a term of one (1) year, the members nominated by the Georgia Dental Association and the Georgia Radiological Society shall be appointed for a term of two (2) years, and the other two (2) members shall be appointed for a term of three (3) years, and the successors shall be nominated and appointed in full terms of three (3) years each. When on business of the Council, members shall be entitled to receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State boards. The Council shall meet at least as frequently as semi-annually or at the call of the Chairman and minutes of the meetings of the Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes. 88-1306. Power and duties of the Department . For the protection of the public health and safety, the Department is empowered to: (a) develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use of ionizing radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for regulation of by-product, source, and special nuclear materials; (b) advise, consult, and cooperate with other public agencies and with affected groups and industries; (c) encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of ionizing radiation, the measurement of ionizing radiation, the effect upon public health and safety of exposure to ionizing radiation, and related problems; (d) adopt, promulgate, amend, and repeal such rules, regulations and standards which may provide for licensing or registration relating to the manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation machines

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as may be necessary to carry out the provisions of this Chapter; provided, that prior to adoption of any regulation or standard, or amendment or repeal thereof, the Department shall afford interested parties an opportunity, at a public hearing, conducted as provided in Chapter 88-3 of this Title, to submit data or views orally or in writing. The recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration in such standards relative to permissible dosage of ionizing radiation; (e) issue, modify, or revoke orders in connection with proceedings under this Chapter, prohibiting or abating the discharge of ionizing radiation and radioactive material or waste into the ground, air, or waters of the State; (f) require the submission of plans, specifications, and reports for new construction and material alterations on (1) the design and protective shielding of installations for radioactive material and radiation machines; and (2) systers for the disposal of radioactive waste materials, for the determination of any ionizing hazard and may render opinions, approve, or disapprove such plans and specifications; (g) require all sources of ionizing radiation to be shielded, transported, handled, used, stored, or disposed of in such a manner to provide compliance with the provisions of this Chapter and rules, regulations and standards adopted thereunder. (h) collect and disseminate information relating to the control of sources of ionizing radiation, including but not limited to: (1) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; (2) maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under the provisions of this Chapter, and regulations thereunder, and any administrative or judicial action pertaining thereto; (i) require, on forms prescribed and furnished by it, registration, periodic re-registration, or licensing of persons

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to use, manufacture, produce, transport, transfe,r receive, acquire, own, or possess radiation machines and other sources of ionizing radiation other than by-product, source, and special nuclear material; (j) exempt certain sources of ionizing radiation or kinds of uses or users from the licensing or registration requirements set forth in this Chapter when the Department determines that the exemption of such sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public; (k) promulgate rules and regulations pursuant to this Chapter which may provide for recognition of other state and federal licenses as the Department shall deem desirable, subject to such registration requirements as it may prescribe; and exercise all incidental powers necessary to carry out the provisions of this Chapter. 88-1307. Licensing of by-product, source, and special nuclear materials as sources of ionizing radiation . (a) The Governor, on behalf of this State, is authorized to enter into agreements with the Federal government providing for discontinuance of certain of the responsibilities of the Federal government with respect to sources of ionizing radiation and the assumption thereof by this State. (b) Upon the signing of the contract as provided in Subsection (a) above, the Department shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess by-product, source, or special nuclear materials or devices, insallations, or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Each application for specific license shall be in writing on forms prescribed and furnished by the Department and shall state, and be accompanied by, such information or documents, including, but not limited to plans, specifications, and reports for new construction or material alterations as the Department may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and

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safety. The Department may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the Department may deem necessary. No license issued under the authority of this Chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revisions, or modification by rules, regulations, or orders issued in accordance with the provisions of this Chapter. (c) Any person who, on the effective date of an agreement under Subsection (a) above, possesses a license issued by the Federal government shall be deemed to possess the same pursuant to a license issued under this Chapter, which shall expire either ninety (90) days after receipt from the Department of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier. 88-1308. Inspections, agreements, and training programs . (a) The Department is authorized to enter upon any public or private property at all reasonable times for the purpose of determining compliance with the provisions of this Chapter and rules, regulations and standards adopted thereunder. (b) The Department is authorized to require any person possessing or using a source of ionizing radiation to, at the request of any employee, furnish to each such employee for whom personnel monitoring is required, a copy of such employee's personal exposure record annually and upon termination of employment and at any time such employee has received excessive exposure. (c) The Department is authorized to institute training programs for the purpose of qualifying personnel to carry out the provisions of this Chapter and may make said personnel available for participation in any programs of the Federal government, other states, or interstate agencies in furtherance of the purposes of this Chapter.

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88-1309. Records . (a) The Department is authorized to require each person who possesses or uses a source of ionizing radiation: (1) to maintain appropriate records relating to its receipt, storage, use, transfer, or disposal and maintain such other records as the Department may require, subject to such exemptions as may be provided by rules and regulations; and (2) to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring may be required by the Department, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this Subsection shall be submitted to the Department or its duly authorized agents upon request. (b) The Department is authorized to require that any person possessing or using a source of ionizing radiation to at the request of any employee, furnish to each such employee for whom personnel monitoring is required a copy of such employee's personal exposure record annually, and upon termination of employment and at any time such employee has received excessive exposure. 88-1310. Administrative procedures and judicial review . (a) The Department may refuse to grant a license as provided in Section 88-1307 to any applicant who does not possess the requirements or qualifications which the Department may prescribe in rules and regulations. The Department may suspend, revoke, or amend any license in the event the person to whom such license was granted violates any of the rules and regulations of the Department, or ceases, or fails to have the reasonable facilities prescribed by the Department; provided, that before any order is entered denying an application for a license or suspending, revoking, or amending a license previously granted, the applicant or person to whom such license was granted shall be given notice and granted a hearing as provided in Chapter 88-3 of this Title. (b) Whenever the Department in its opinion finds that an emergency exists requiring immediate action to protect the public health and safety, the Department may, without

Page 574

notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this Chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but on application to the Department shall be afforded a hearing within ten (10) days. On the basis of such hearing, the emergency order shall be continued, modified, or revoked within thirty (30) days after such hearing, as the Department may deem appropriate under the evidence. (c) Any applicant or person to whom a license was granted who shall be aggrieved by any order of the Department or its duly authorized agent denying any such application or suspending, revoking, or amending such license may appeal directly to the superior court as provided in Chapter 88-3 of this Title. 88-1311. Impounding of materials . (a) The Department shall have the authority in the event of an emergency to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this Chapter or any rules or regulations issued thereunder. (b) The Department may release such sources of ionizing radiation to the owner thereof upon terms and conditions in accordance with the provisions of this Chapter and rules and regulations adopted thereunder or may bring an action in the appropriate superior court for an order condemning such sources of ionizing radiation and providing for their destruction or other disposition so as to protect the public health and safety. 88-1312. Prohibited uses . It shall be unlawful for any person to use, manufacture, produce, transport, receive, acquire, own or possess any source of ionizing radiation required to be licensed or registered hereunder, unless licensed by or registered with the Department in accordance with the provisions of this Chapter and rules and regulations adopted and promulgated thereunder.

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88-1313. Penalties . Any person who violates the provisions of Section 88-1312 of this Chapter, or who hinders, obstructs, or otherwise interferes with any representative of the Department in the discharge of his official duties in making inspections as provided in Section 88-1308 of this Chapter, or in impounding materials as provided in Section 88-1311 hereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. CHAPTER 88-14 PRACTICE OF MIDWIFERY 88-1401. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) the term midwife means any person not licensed under the laws of this State to practice obstetrics who is regularly engaged in attending women in childbirth, or who holds herself out as such, whether for consideration or otherwise. (b) the term practice of midwifery means and includes any act or practice of attending women in childbirth when carried on by a midwife as defined herein, whether for a consideration or otherwise. (c) the term normal childbirth means delivery, at or close to term, of a pregnant woman whose physical examination by a physician reveals no abnormalities and who does not have signs or symptoms of hemorrhage, toxemia, infection, abnormal position and/or presentation, or prolonged labor. 88-1402. Issuance of certificates . No person shall practice midwifery without first having received from the Department of Health a certificate of authority as hereinafter provided, and registering her name, address, and occupation with the county board of health and the local registrar of vital statistics in the county and district in which she lives.

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88-1403. Application for certificates . Persons desiring to enter into or continue the practice of midwifery shall make written application to the Department of Health through the county board of health in the county of their residence. All applicants for permits to practice midwifery shall be of good character, of sound mind, and free of tuberculosis, venereal diseases, and other communicable diseases in the infectious stage, and shall be protected against smallpox. 88-1404. Educational training requirements . In order to become eligible for a certificate of authority to practice midwifery, applicants shall attend classes and satisfactorily complete courses of instructions therein to be prescribed by the Department of Health, and shall pass an examination covering such courses. Such applicants shall also pass such physical examinations, or, in the alternative, provide such evidence with regard to their personal health as the Department of Health may require. 88-1405. Certificates; issuance, revocation, and suspension . The Department of Health, or any county board of health designated by the Department of Health, may issue, or refuse to issue, or having issued, may suspend or revoke certificates of authority to practice midwifery under and in accordance with this Chapter, and under and in accordance with such rules and regulations as may be issued and promulgated hereunder. Certificates issued hereunder shall be renewable annually at such time and in such manner as prescribed by the Department of Health. Suspension and revocation of certificates shall be subject to the administrative procedures contained in Chapter 88-3 of this Title. 88-1406. Rules and regulations . The Department of Health shall have the authority and power to make and promulgate such rules and regulations as may appear necessary and proper to carry out the purposes of this Chapter including, but not limited to, minimum educational and physical requirements for midwives, the practice of midwifery, procedures and techniques to be employed, and ethics to be observed. The several county boards of health shall have the authority and power to adopt and promulgate supplementary

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rules and regulations consistent with those adopted and promulgated by the Department of Health. 88-1407. Restrictions upon holders of certificates . The certificates issued under this Chapter shall not confer upon any person the right to practice medicine; to prescribe or administer drugs; to undertake charge of abnormal cases of confinement, or of any disease in connection with confinement; or to assume any name, title, or designation implying that such person is authorized by law to undertake charge of any such cases, or to practice medicine, or to administer drugs. 88-1408. Attendance at normal childbirth only . It shall be unlawful for any person holding a certificate as a midwife to attend any except cases of normal childbirth, as defined herein, or to perform any internal examinations or manipulations of any kind. In all cases in which the child is not delivered spontaneously within a reasonable time, the midwife shall notify a qualified physician immediately, and make no effort to deliver the child except under direction and supervision of such physician. 88-1409. Enforcement of rules and regulations . The Department of Health and county boards of health and their duly authorized agents are hereby authorized and empowered to enforce compliance with the provisions of this Chapter and rules and regulations adopted and promulgated hereunder, all as provided in Chapter 88-3 of this Title. 88-1410. Violation of this Chapter a public nuisance . The violation of this Chapter or any rules and regulations made and promulgated hereunder is hereby declared to be a public nuisance subject to abatement as provided in Section 88-302 of this Title. CHAPTER 88-15 CONTROL OF RABIES 88-1501. Responsibility for the control of rabies . Primary responsibility for the control of rabies within each county is

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hereby declared to rest upon each county board of health. Such boards, in addition to their other powers, are hereby empowered to adopt and promulgate rules and regulations for the prevention and control of said disease. 88-1502. Powers of Department of Health . The Department of Health may declare any county or any area therein or any group of counties or any areas therein where rabies exists to be an infected area, or areas, and may provide for immunization and such other measures as shall be indicated for the prevention and control of said disease. 88-1503. Licensing, regulation of animals by local authorities . The governing authorities of each county and municipality are authorized, in the control of rabies, to require regulation or licensing of animals. 88-1504. Duty of persons to notify . It shall be the duty of any person bitten by any animal reasonably suspected of being rabid immediately to notify the appropriate county board of health. It shall be the duty of the owner, custodian, or person having possession and knowledge of any animal which has bitten any person or animal, or of any animal which exhibits any signs of rabies, to notify the appropriate county board of health and to confine such animal in accordance with rules and regulations of the county board of health. 88-1505. Inoculation of canines against rabies . The county boards of health are empowered to adopt and promulgate rules and regulations requiring canines to be inoculated against rabies; to prescribe the intervals and means of inoculation; the fees to be paid in county-sponsored clinics; and all procedures applicable thereto. Whenever used in this Chapter the term inoculation against rabies shall mean the administering of antirabies vaccine approved by the Department of Health and administered by a licensed veterinarian. 88-1506. Distribution of tags, certificates . The Department of Health shall prepare and distribute, free of charge, forms for use in certifying to inoculation and numbered tags

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for distribution in accordance with policies and procedures approved by the Director. 88-1507. Violation of this Chapter a misdemeanor . Any person who violates any provision of this Chapter, or any rule or regulation adopted pursuant thereto, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided by law. CHAPTER 88-16 CONTROL OF VENEREAL DISEASE 88-1601. Certain diseases declared contagious . Syphilis, gonorrhea, and chancroid, hereinafter designated as venereal diseases, are hereby declared to be contagious, infectious, communicable, and dangerous to the public health. 88-1602. Report to health authorities . Any physician or other person who makes a diagnosis of or treats a case of venereal disease, and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is discovered a case of venereal disease shall make report of such case to the health authorities, in such form and manner as the Department of Health shall direct. 88-1603. Laboratories conducting tests . All laboratories conducting tests for venereal diseases shall comply with the rules, regulations, and reporting requirements therefor as prescribed by the Department of Health. 88-1604. Examination and treatment . The authorized agent or agents of the Department of Health and county boards of health are hereby directed and empowered, when in their judgment it is necessary to protect the public health, to make examination of persons infected or suspected of being infected with venereal diseases, to require persons infected with venereal disease to report for treatment to a physician licensed to practice medicine under the Georgia Medical Practice Act (Georgia Code Chapter 84-9), and to continue treatment until cured, or to submit to treatment

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provided at public expense, and to isolate persons infected or reasonably suspected of being infected with venereal disease. Law enforcement authorities of the jurisdiction wherein any such person so infected, or suspected to be infected, is located shall offer such assistance, including restraint and arrest, as shall be necessary to assure examination and treatment in accordance with the provisions of this Chapter. 88-1605. Prophylactic treatment at childbirth . It shall be the duty of any person who shall be in attendance on any childbirth to apply to the child such prophylactic treatment as may be prescribed by the Department of Health to prevent blindness from gonococcus infection, and to otherwise comply with such rules, regulations, and reporting requirements as shall be prescribed by the Department of Health. 88-1606. Serologic tests for pregnant women . The Department of Health may require every woman becoming pregnant to submit a standard serologic test, as defined by the Department of Health, and may require any person attending or giving prenatal care to such woman to take or cause to be taken a blood specimen for use in such test. Such specimens shall be submitted for laboratory test in the manner prescribed by the Department of Health, and all laboratories conducting such tests shall comply with the rules, regulations, and reporting requirements therefor as prescribed by the Department of Health. 88-1607. Violation of this Chapter a misdemeanor . Any person who shall violate any provision of this Chapter, or any rule or regulation promulgated hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law. CHAPTER 88-17 VITAL RECORDS 88-1701. Object and purpose of Chapter . The object and purpose of this Chapter is to provide a complete and comprehensive

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vital records law for the State of Georgia. 88-1702. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Vital records means records of birth, death, fetal death, marriage, divorce, annulments of marriage, adoptions, legitimations, and public health and medical data incidental thereto. (b) System of vital records includes the collection, registration, preservation, amendment, and certification of vital records, and activities related thereto. (c) Filing means the presentation of a certificate, report, or other record provided for in this Chapter of a birth, death, fetal death, adoption, marriage, divorce, or annulment of marriage for registration by the Department of Health. (d) Registration means the acceptance by the Department and the incorporation in its official records of certificates, reports, or other records provided for in this Chapter of births, deaths, fetal deaths, adoptions, marriages, divorces, or annulments of marriage. (e) Live birth means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. (f) Fetal death means death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of

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the umbilical cord, or definite movement of voluntary muscles. (g) Dead body means lifeless human body, or such parts of the human body, or the bones thereof from the state of which it reasonably may be concluded that death recently occurred. (h) Final disposition means the burial, interment, cremation, or other disposition of a dead body or dead fetus. (i) Physician means a doctor of medicine who is licensed to practice in this State under the provisions of the Georgia Medical Practice Act (Georgia Code Chapter 84-9). (j) Osteopath means one who has been legally authorized to practice osteopathy in this State under the provisions of Georgia Code Chapter 84-12. (k) Institution means any establishment, public or private, which provides medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more not closely related individuals, or to which persons are committed by law. (l) Local registrar means the person appointed by the Director to collect and transmit to the Department of Public Health certificates of birth, death, fetal death, and any other reports required by this Chapter. (m) Local custodian means the person designated by the Director to maintain and certify the local records of birth, death, and fetal death. (n) Director means the Director of the Department of Public Health or a person appointed by him to carry out the provisions of this Chapter. (o) Department or Department of Health means Department of Public Health. 88-1703. Powers and duties of the Department . The Department

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shall have administrative responsibility for direction and supervision of the statewide system of vital records. The Department shall: (1) administer and enforce this Chapter and the-rules and regulations issued hereunder and issue instruction for the uniform and efficient administration of the statewide system of vital records; (2) be custodian of its vital records; (3) supervise local registrars and local custodians of vital records in relation to their duties as defined in this Chapter; (4) prescribe and distribute such forms as are required by this Chapter and the rules and regulations issued hereunder; (5) prepare reports of vital records of this State and such other reports as may be required; (6) permanently preserve the certificates in a systematic manner and maintain comprehensive indices of all births, deaths, marriages, divorces, and annulments of marriages registered; (7) appoint local custodians of vital records who may be the ordinary, employee of the county board of health, or other qualified person; and (8) perform such other duties as may be required by law. 88-1704. Registration districts . The Department shall from time to time establish registration districts throughout the State. It may consolidate or sub-divide such districts to facilitate registration. 88-1705. Appointment of local registrars and deputies . The Director shall appoint local registrars for such registration districts as are established by the Department. Local registrars shall meet the qualifications fixed by the Department and shall perform such duties as are required by this Chapter and the regulations of the Department. A local registrar, subject to approval of the Director, may appoint a deputy or deputies. 88-1706. Duties of local registrars and local custodians . (a) Local registrars shall collect and receive vital records, review them for accuracy and completeness, and keep and submit vital records as may be required by the Department. (b) Local custodians shall file, record, and preserve copies of vital records and issue certified copies provided for by law.

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88-1707. Compensation of local registrars and local custodians . (a) The Director shall certify to the treasurer of the county monthly the number of birth, death, and fetal death certificates, with respect to his county, field by each local registrar, with the names of local registrars and the amount due. Upon such certification, any fees due hereunder shall be paid by the treasurer out of the general funds of the county. (b) Each local registrar shall receive from the county the sum of fifty cents ($.50) for each complete certificate of birth, death, or fetal death filed by him and transmitted to the Department in accordance with the rules and regulations issued hereunder. In counties where the local registrar of vital records is an employee of the county board of health, fees payable under this Subsection shall be paid to the county board of health and by it remitted to the county treasurer monthly. (c) The local custodian of vital records shall be paid a fee of twenty-five cents ($.25) for each birth, death, and fetal death certificate properly recorded and indexed by him, said fee to be paid from county funds by the county treasurer. In counties where the local custodian of vital records is an employee of the county board of health, fees payable under this Subsection shall be paid to the county board of health and by it remitted to the county treasurer monthly. 88-1708. Forms of certificates . The Department, in order to promote and maintain uniformity in the system of vital records, shall prescribe all forms of certificates, reports, and other returns as required by this Chapter or by the regulations adopted hereunder. 88-1709. Birth registration . A certificate of birth for each live birth which occurs in this State shall be filed with the registrar of the district in which the birth occurs within ten (10) days after such birth and filed in accordance with this Section; provided, that when a birth occurs on a moving conveyance a birth certificate shall be filed in the district in which the child was first removed from the conveyance.

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(b) When a birth occurs in an institution, the person in charge of such institution or his designated representative shall obtain the personal data, prepare the certificate, secure the signatures required for the certificate, and file it with the registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within five (5) days after the birth. (c) When a birth occurs outside an institution the certificate shall be prepared and filed by one of the following in the indicated order of priority: (1) the physician or midwife in attendance at or immediately after birth, or in the absence of such physician or midwife, (2) any other person in attendance at or immediately after the birth, or in the absence of such a person, (3) the father, the mother, or in the absence of the father and in inability of the mother, the person in charge of the premises where the birth occurred. (d) (1) If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificte as the father of the child unless paternity has been determined otherwise by the superior court having jurisdiction, in which case, the name of the father as determined by the court shall be entered. (2) If the mother of a child is not married to the natural father at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the person to be named as father unless a final determination of paternity has been made by the court having jurisdiction, in which case the name of the father as determined by the court shall be entered. Where there is no consent of the putative father, the surname of the child shall be the legal surname of the mother. (3) In the case of a child born out of wedlock, a certificate may be filed directly with the Department. 88-1710. Infants of unknown parentage; foundling registration . (a) Whoever assumes the custody of a living infant of unknown parentage shall report on a form provided by the Department to the local registrar of the county in which such child was found, the following information: (1) the

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date and place of finding; (2) sex, race, and approximate age of such child; (3) name and address of the persons or institutions with whom such child has been placed for care; (4) name given to the child by the custodian; and (5) other data required by the Department. (b) The place where such child was found shall be entered as the place of birth, and the date of birth shall be determined by approximation. (c) A report registered under this Section shall constitute the certificate of birth for such infant. (d) If such a child is identified and a certificate of birth is found or obtained, any report registered under this Section shall be sealed and filed and may be opened only by order of a superior court or as provided by regulation of the Department. 88-1711. Delayed registration of birth . (a) When the birth of a person born in this State has not been registered, a certificate may be filed in accordance with the regulations of the Department. Such certificates shall be registered subject to such evidentiary requirements as may by regulation be prescribed to substantiate the alleged facts of birth. (b) Certificates of birth filed after the close of the registration year for current births shall be filed by the delayed procedure established by the Department. (c) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the Director finds reason to question the validity or adequacy of the certificate or the documentary evidence, the Director shall not register the delayed certificate and shall advise the applicant in writing of the reasons for this action. In the event the deficiencies are not corrected, the registration officer shall advise the applicant of his right of appeal to the superior court. 88-1712. Judicial procedure to establish facts of birth . (a) If a delayed certificate of birth is rejected under the

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provision of Section 88-1711, a petition may be filed with the superior court in the county of residence for an order establishing a record of the date and place of birth and the parentage of the person whose birth is to be registered. (b) Such petition shall be made on a form furnished by the Department and shall allege: (1) that the person for whom the delayed certificate of birth is sought was born in this State, (2) that no record of birth of such person can be found in the office of the State or local custodian of birth records, (3) that diligent efforts by the petitioner have failed to obtain the evidence required in accordance with the regulations pursuant to Section 88-1711, and (4) that the Department has refused to register a delayed certificate of birth, and (5) such other allegations as may be required. (c) The petition shall be accompanied by a statement of the registration official made in accordance with Section 88-1711 and all documentary evidence which was submitted to the registration official in support of such registration. (d) The superior court shall issue rule nisi fixing a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth five (5) days' notice of said hearing. Such official, or his authorized representative, may appear and testify in the proceeding. (e) If the superior court, sitting in chambers, in term or vacation without a jury, from the evidence presented, finds that the person for whom a delayed certificate of birth is sought was born in this State, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order on the form prescribed and furnished by the Department to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by Section 88-1711, and the date of the court's action. (f) The clerk of such shall forward the petition and order to the Director not later than the tenth (10th) day of

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the calendar month following the month in which said petition and order were entered. Such order shall be registered by the Director and shall constitute the record of birth from which copies may be issued in accordance with Section 88-1724 of this Chapter. 88-1713. Court reports of adoption . (a) After each adoption decreed by any superior court in this State, the court shall require the preparation of a certificate of adoption on a form furnished by the Department. The form shall provide information necessary to establish a new certificate of birth of the person adopted; and such order of adoption shall be certified by the clerk of the court. (b) Information necessary to prepare the adoption report shall be furnished with the petition for adoption by each petitioner for adoption or his attorney. The Department of Public Welfare or other persons concerned shall supply the Department with such additional information in their possession as may be necessary to complete the certificate. (c) Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a certificate thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to properly amend or restore the original birth record. (d) Not later than the fifteenth (15th) day of each month the clerk of the superior court shall forward to the Director certificates of adoption, annulments of adoption, or amendments thereof entered in the preceding month, together with such related reports as shall be required. (e) When the Director shall receive a certificate of adoption, or annulment of adoption, or amendment thereof from a court for a person born outside this State, such record shall be forwarded to the appropriate registration authority in the state of birth. 88-1714. New certificates of birth following adoption, legitimation and paternity determination . (a) The Department

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shall establish a new certificate of birth for a person born in this State upon receiving the following: (1) an adoption report as provided in Section 88-1713 or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth, except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person and (2) a request that a new certificate be established and such evidence as required by regulation proving that such person has been legitimated or that a court of competent jurisdiction has determined the paternity of such a person. (b) When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth; thereafter, the original certificate and the evidence of adoption, paternity, or legitimation shall be sealed and filed and not be subject to inspection except upon order of the superior court or as provided for by regulation. (c) If no certificate of birth is on file for the person for whom a new certificate is to be established under this Section, a delayed certificate of birth shall be filed as provided in Section 88-1711 or Section 88-1712 of this Chapter before a new certificate of birth is established, except that when the date and place of birth have been established in the adoption proceedings a delayed certificate shall not be required. (d) When a new certificate of birth is established by the Department, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this State shall be forwarded to the Director, as he shall direct. 88-1715. Death registration . (a) A Death certificate for each death which occurs in the State shall be filed with the registrar of the district in which the death occurred or the body was found within seventy-two (72) hours after such death and prior to final disposition or removal of the body

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from the State and shall be filed by such registrar if it has been completed in accordance with this Section; provided, (1) that if the place of death is unknown, a death certificate shall be filed in the registration district in which the dead body is found within seventy-two (72) hours after occurrence and (2) that if death occurs in a moving conveyance, a death certificate shall be filed in the registration district in which the dead body was first removed from such conveyance and pronounced dead by a qualified person. (b) The funeral director or person acting as such who first assumes custody of a dead body shall obtain the personal data, prepare the certificate, secure the signatures required by the certificate, and file it with the registrar. He shall obtain the personal data from the next of kin or the best qualified person or source available. He shall obtain medical certification of the cause of death. (c) The medical certification portion of the death certificate shall be completed and signed within forty-eight (48) hours after death by the physician or osteopath in charge of the patient's care for the illness or condition which resulted in death except when inquiry is required by the Post-Mortem Examinations Act. (d) When death occurred without medical attendance as set forth in subsection (c) above or when inquiry is required by the Post-Mortem Examinations Act, the proper person shall investigate the cause of death and shall complete and sign the medical certification portion of the death certificate within a reasonable time after being notified of death. 88-1716. Fetal death registration; requirements . (a) A fetal death certificate for each fetal death which occurs in this State shall be filed with the local registrar of the registration district in which the delivery occurred within seventy-two (72) hours after such delivery and shall be filed with such registrar if it has been completed in accordance with this Section; provided, (1) that if the place of fetal death is unknown, a fetal death certificate shall be filed in the registration district in which a dead fetus was found within seventy-two (72) hours after such occurrence and

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(2) that if a fetal death occurs on a moving conveyance, a fetal death certificate shall be filed in the registration district in which the fetus was removed from such conveyance. (b) The funeral director, or person acting as such, or in the absence of a funeral director, a representative of the hospital or institution who first assumes custody of a fetus shall file the fetal death certificate. In the absence of such a person, the physician, midwife, or other person in attendance at or after the delivery shall file the certificate of fetal death. The person filing the certificate of fetal death shall obtain the personal data from the next of kin or the best qualified person or source available and the medical certification of the cause of death. (c) The medical certification portion of the fetal death report shall be completed and signed within twenty-four (24) hours after delivery by the physician or osteopath in attendance at or after delivery except when inquiry or investigation is required by the Post-Mortem Examinations Act. (d) When a fetal death occurs without medical attendance at or after the delivery or when inquiry or investigation is required by the Post-Mortem Examinations Act, the coroner or other proper persons shall investigate the cause of the fetal death and shall complete and sign the medical certificate portion of the fetal death report within twenty-four (24) hours after taking charge of the case. 88-1717. Permits . (a) The funeral director or person acting as such who first assumes custody of a dead body or fetus shall obtain a burial-transit permit prior to the final disposition or removal from the State of the body or fetus within seventy-two (72) hours after death or at least twenty-four (24) hours before removal from the State. (b) Such burial-transit permit shall be issued by the registrar of the district where a satisfactorily completed certificate of death or fetal death is filed. (c) A burial-transit permit issued under the law of another

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state which accompanies a dead body or fetus brought into this State shall be authority for final disposition of the body or fetus in this State. (d) Burial-transit permits shall not be required where disposition of fetal remains is within the hospital of occurrence and a registry of such events is maintained by the hospital. (e) A permit for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. Such permit shall be issued by the local registrar of the district in which the cemetery where the body was originally interred is located to a licensed funeral director, embalmer, or to the person acting as such upon application filed in accordance with the rules and regulations promulgated hereunder. (f) The Department shall prescribe all regulations necessary to regulate the disposal, transportation, interment, and disinterment of dead human bodies to the end that requirements of vital registration are met and the protection of the public health promoted. 88-1718. Extension of time . The Department may, by regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this Chapter, provide for the extension of the periods for the filing of certificates or reports. 88-1719. Compulsory registration of marriages . (a) A record of each marriage performed in this State shall be filed with the Department as provided in this Section. (b) The ordinary of each county shall forward to the Director for registration, by the tenth (10th) of each month, the State original of each application for marriage license together with the State original of the marriage license returned for filing. All necessary forms will be furnished by the Department.

Page 593

(c) The ordinary shall keep the county original of the application and license for the county records from which he may issue certified copies. (d) The ordinary shall be entitled to a filing fee of one dollar ($1.00) to be paid by the applicant upon application for the marriage license. 88-1720. Compulsory registration of divorces and annulments of marriages . (a) The clerk of the superior court shall forward to the Director a record of each divorce or annulment of marriage decreed by the superior court within the first ten (10) days of the calendar month following the term of court. In counties where the superior court is in continuous session, reports shall be forwarded to the Department by the tenth (10th) of each month. Reports shall be made on forms prescribed by the Department. (b) The information necessary to prepare the report shall be furnished with the petition to the clerk of the superior court by the legal representative of the petitioner on the forms prescribed and provided by the Department. 88-1721. Correction and amendment of records . (a) A certificate or record registered under this Chapter may be amended in accordance with this Chapter and rules and regulations promulgated hereunder to protect the integrity and accuracy of vital records, which regulations shall specify the minimum evidence required for a change in any such certificate or record. (b) A certificate that is amended under this Section shall be marked Amended except as provided in Subsection (d) of this Section. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The Department shall prescribe the conditions under which omissions or errors on birth certificates may be corrected within one (1) year after the date of birth without the certificate being considered as amended. (c) Upon receipt of a certified copy of a court order

Page 594

changing the name of a person born in this State and upon request of such person or his parents, guardian, or legal representative, the Director shall amend the certificate to reflect the new name. (d) Upon receipt of a certified copy of an order to legitimate a child, or a certified copy of an adjudication of paternity, or an affidavit signed by the natural parents whose marriage had legitimated a child, the Director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked Amended. (e) An order from the superior court shall be required to change the year of birth, to correct a delayed birth certificate, or to remove the name of a father from a birth certificate on file. 88-1722. Preservation of records . The Department is responsible for the preservation and maintenance of birth, death, fetal death, marriage, divorce, and annulment of marriage records. To preserve the original documents, it is authorized to prepare typewritten, photographic, or other reproductions of original records and files in its office. Such reproductions, when certified by it, shall be accepted as the original record. 88-1723. Disclosure of records . (a) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration by the Department, it shall be unlawful for any person to permit inspection of, or disclose information contained in vital records, or to copy or issue a copy of all or part of any such record except as authorized by regulation or when so ordered by a superior court; provided, however, that the provisions of this Subsection shall not apply to records of marriages, divorces, and annulments of marriages filed in the office of the ordinary or the superior court as the case may be. (b) The Department may authorize the disclosure of data contained in vital records for research purposes.

Page 595

(c) Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by regulation or upon the order of a superior court. (d) Appeals from decisions of the custodian of local records refusing to disclose information or to permit inspection of or copying of records under the authority of this Section and the regulations issued hereunder shall be made to the Department, whose decision shall be binding upon the local custodian of permanent records. The decision of the Department shall be subject to review as provided in Chapter 88-3 of this Title. (e) Provided, however, the restrictions in this Section shall not prohibit the official organ or newspaper of a county from publishing the names and addresses of births and deaths. Provided, further, that such official organ or newspaper shall not publish the name and address of any illegitimate child's birth or its mother when shown on such records. 88-1724. Copies of data from vital records . In accordance with Section 88-1723 and Subsection 88-1724 (b), and the regulations adopted pursuant thereto, (a) The Department or local custodians of vital records shall, upon request, issue a certified copy of any certificate or record in their custody or any part thereof. Each copy issued shall show the date of registration and copies issued from records marked Delayed or Amended shall be similarly marked and show the effective date. Certified copies may not be issued by local registrars or their deputies. (b) Full certified copies of birth certificates shall be issued only to the following: (1) the person whose record of birth is registered; (2) either parent of the person whose record of birth is registered; (3) the legal representative of the person whose record of birth is registered; (4) the superior court upon its order; and (5) any governmental agency, state or federal, provided such certificate shall be needed for official purposes. (c) A certified copy of a certificate or any part thereof

Page 596

issued in accordance with Subsection (a) hereof shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts therein stated, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. (d) The National Vital Statistics Division may be furnished such copies or data as it may require for national statistics, provided that the data shall not be used for other than statistical purposes by the National Vital Statistics Division unless so authorized by the Department. (e) Federal, State, local, and county public or private agencies may, upon request, be furnished copies or data for statistical or verification purposes upon such terms or conditions as may be prescribed by the Department. (f) No person shall prepare or issue any certificate which purports to contain information required by the provisions of this Chapter, except as authorized herein. 88-1725. Fees for copies and searches . (a) The Department shall prescribe the fees to be paid for copies of certificates or records and for certified copies of certificates or records but in no event shall the fee for said certificates, records and certification exceed the total sum of one dollar ($1.00). (b) Fees collected by the Department under this Section shall be deposited in the general funds of the State Treasurer. (c) Fees for copies and searches by local custodians of vital records shall be paid to him. In counties where the local custodian of vital records is an employee of the county board of health, said fees shall be payable to the county board of health, and by it remitted to the county treasurer monthly. 88-1726. Persons required to keep records . (a) Every

Page 597

person in charge of an institution shall keep a record of personal particulars and data concerning each person admitted or confined to such institution. This record shall include such information as is required by the standard certificate of birth, death, and fetal death forms issued under the provisions of this Chapter. The record shall be made at the time of admission from information provided by the person admitted, but when it cannot be so obtained, the same shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (b) When a dead body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the deceased, date of death, name and address of the person to whom the body is released, date of removal from the institution, or, if final disposition is by the institution, the date, place, and manner of disposition shall be recorded. (c) A funeral director, embalmer, or other person who removes from the place of death, or transports, or is in charge of final disposition of a dead body or fetus in addition to filing any certificate or other form required by this Chapter shall keep a record which shall identify the body, and such information pertaining to his receipt, removal, and delivery of such body as may be prescribed by regulations. 88-1727. Penalties; violation of Vital Records Law . (a) Any person who wilfully or knowingly makes any false statement in a report, record, or certificate required to be filed under this Chapter, or in an application for an amendment thereof, or who wilfully or knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate or amendment thereof; or (b) Any person who, without lawful authority and with the intent to deceive, makes, alters, or amends, or mutilates any report, record, or certificate required to be filed under this Chapter or a certified copy of such report, record, or certificate; or

Page 598

(c) Any person who wilfully or knowingly uses or attempts to use or furnish to another for use for any purpose of deception any certificate, record, report, or certified copy thereof so made, altered, amended, or mutilated; or (d) Any person who with intent to defraud wilfully uses or attempts to use any certificate of birth or certified copy of any record of birth knowing that such certificate was issued upon a record which was false, in whole or in part, or shall relate to the birth of another person; or (e) Any person who transports or accepts for transportation, disinterment, or other disposition a dead body without an accompanying permit as provided in this Chapter; or (f) Any person who refuses to provide information required by this Chapter; or (g) Any person who wilfully neglects or violates any of the provisions of this Chapter or refuses to perform any of the duties imposed upon him by this Chapter shall be guilty of a misdemeanor and upon conviction thereof be punished as provided by law. CHAPTER 88-18 HOSPITAL AUTHORITIES 88-1801. Short title of Chapter . This Chapter may be referred to as the Hospital Authorities Law. 88-1802. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Authority or hospital authority means any public corporation created by Section 88-1803 of this Chapter. (b) Governing body means the elected or duly appointed

Page 599

officials constituting the governing body of cities or counties. (c) Area of operations means the area within the cities and counties activating authorities. (d) The word project includes hospitals, sanitariums, dormitories, clinics and housing accommodations, nursing homes, rehabilitation facilities, or other public buildings for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. (e) Participating units or Participating subdivisions means any two (2) or more counties, or any two (2) or more municipalities, or any county or municipality, or combination thereof, acting together for the creation of an authority. (f) Resolution means the resolution or ordinance to be adopted by governing bodies pursuant to which authorities are established. (g) Department means the Department of Public Health. 88-1803. Creation of hospital authorities . There is hereby created in and for each county and municipal corporation of the State a public body corporate and politic to be known as the Hospital Authority of such county or city, which shall consist of a board of not less than five nor more than nine members to be appointed by the governing body of the county or municipal corporation of the area of operation for staggered terms as specified by resolution of the governing body. No authority created hereunder shall transact any business or exercise any powers hereunder until the governing body of the area of operation shall, by proper resolution, declare that there is need for an authority to function in such county or municipal corporation. A copy of said resolution adopted by the governing body shall be filed with the Department; likewise, copies of any resolution adopted by

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the governing body providing for filling vacancies in the membership of the authority or making any changes in membership. The members of the hospital authorities now in existence shall serve out the remainder of their terms as provided for by resolutions of the governing body, or until a vacancy occurs for any other reason, in which event the appointment of new members and the filling of vacancies shall be in accordance with the provisions hereof. Appointments to fill vacancies on the board of any hospital authority activated on or after March 15, 1964, either for an unexpired or full term as fixed in the original resolution or ordinance creating the same, shall be made as follows: (1) The governing body of the area of operation shall submit a list of three (3) eligible persons to the board of the hospital authority. (2) The board at its next regular meeting shall select one of the three (3) persons named in said list. Appointments to fill vacancies either for an unexpired or full term on the board of all hospital authorities in existence prior to March 15, 1964, shall be made as follows: (1) Prior to May 1, 1964, the board of such hospital authority shall by resolution elect to have vacancies filled on such board pursuant to the provisions of this Chapter or in the same manner as such appointments were filled prior to the approval of this Act or its otherwise becoming law. (2) After said resolution has been formally adopted by the board, it shall be filed with the governing authority of all participating unit or units of such authority and all appointments to fill vacancies thereafter shall be governed by the terms of such resolution unless changed by local legislation or constitutional amendment. Any two (2) or more counties or any two (2) or more municipalities or any county or municipality, or combination thereof, by a like resolution or ordinance of their respective governing body may authorize the exercise of the powers herein provided for by an authority. The membership of

Page 601

such authority affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less that five nor more than fifteen members, the terms and distribution of members between the participating units to be provided for by the resolutions adopted by the governing bodies of the participating units. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participating units from time to time. Nothing herein is intended to invalidate any of the acts of existing boards of authorities. Hospital authorities shall be granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by hospital authorities as provided for under the provisions of this Title. 88-1804. Members; organization; compensation; rules and regulations . The members of a hospital authority shall be residents of the participating units comprising the authority. The members shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary and treasurer, who need not be a member. The members shall receive no compensation for their services, either as a member or as an employee of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. Such authority shall have perpetual existence as hereinafter provided. 88-1805. Functions and powers . Every authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Chapter, including, but without limiting the generality of the foregoing, the power; to sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to exercise the powers of the authority; to acquire by purchase, lease or otherwise and

Page 602

operate hospital projects and to provide construction, reconstruction, improvement, alteration, and repair of any such project and to lease and rent for any number of years any lands, buildings, structures, or facilities in any existing or hereafter established hospital project; to establish rates and charges for the use of the services of the authority; to accept gifts, grants, or devises of any property; to acquire by the exercise of the right of eminent domain any property essential to the purposes of the authority; to sell or lease within twenty (20) years after the completion of construction of properties or facilities operated by the hospital authority where grants of financial assistance have been received from Federal or State governments, after such action has been first approved in writing by the Department; to exchange, transfer, assign, pledge, mortgage, or dispose of any real or personal property or interest therein: to mortgage, pledge, assign any revenue, incomes, tolls, charges, or fees received by the authority, provided such certificates shall not extend beyond a period of thirty (30) years from the date of issuance; and to receive from the governing body of the county proceeds and monies resulting from the issuance and sale of county bonds or other county obligations. Hospital authorities are expected to make plans for unmet needs of their respective communities. 88-1806. Rates and charges . No authority shall operate or construct any project for profit; and it shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts sufficient together with all other funds of the authority to pay principal and interest on certificates and obligations of the authority, to provide for maintenance and operation of the project, and to create and maintain a reserve sufficient to meet principal and interest payments due on any certificates in any one year after the issuance thereof; and it may provide reasonable reserves for the improvement, replacement, or expansion of the facilities or services of the authority. 88-1807. Revenue anticipation certificates; issuance; types; security . Every authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue anticipation certificates for the purpose of paying

Page 603

all or any part of the cost of the acquisition, construction, alteration, repair, modernization, and other charges incident thereto in connection with any facilities or project as herein defined, and to pay off or re-finance any outstanding debt or obligation of any nature owed by such authority, and shall likewise have power to issue refunding certificates. Such authorities may issue such types of certificates as may be determined by the authority, including certificates on which principal and interest are payable: (a) exclusively from incomes 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; or (c) from revenues of the authority generally. Any such certificate may be additionally secured by the hypothecation of any revenues received from participating units or subdivisions and by mortgage of the project or any part thereof constituting real or personal property of the authority, except as prohibited by law. 88-1808. Same; personal liability of members; not a debt of political subdivision; exemption from taxation . Neither the members of an authority nor any person executing certificates on behalf of an authority shall be personally liable thereon by reason of the issuance thereof. The certificates and other obligations of an authority shall not be, and shall so state on the face thereof, a debt of the city, the county, the State of Georgia, nor any political subdivision thereof, nor of any combination of subdivisions acting jointly as hereunder provided. Certificates of any 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. 88-1809. Same; authorization series; maturity; interest . Certificates of an authority shall be authorized by its resolution

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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 six per centum (6%) 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 certificates 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. 88-1810. Same; validation . Certificates of an authority shall be confirmed and validated in accordance with the procedure of Georgia Code Chapter 87-8, and when validated the judgment of validation shall be final and conclusive with respect to such certificates and against the authority issuing the same. In the event that the payments to be made by any city or county, under contract entered into between such authority and such subdivision, are pledged to the security or payment of revenue certificates sought to be validated, such hospital authority, as an integral part of such validation proceedings, shall have the right of action, suit, countersuit, or equitable bill against such contracting subdivision or subdivisions for a declaratory adjudication of the validity and binding effect of such contract, the actual controversy therein being whether or not such contract is in all respects valid and binding upon such subdivision or subdivisions. Such subdivision or subdivisions shall be made a party or parties to the action, and it shall be incumbent on such subdivisions to defend against an adjudication of the validity of such contract or be forever bound. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published by the clerk of the superior court in which such validation proceeding is pending. Any citizen resident in any subdivision which is a party to such contract may intervene in the validation proceedings at or before the time set for the validation hearing by order

Page 605

of the superior court and assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of the subdivision and all citizens, residents, and property owners thereof. An adjudication as to the validity of such contract, unexcepted to within the time provided for exceptions in Georgia Code Chapter 87-8, shall be conclusive and binding upon such subdivision or subdivisions and the resident citizens and property owners thereof. 88-1811. Same, procedure to enforce rights of holders; default; appointment of trustees . Obligations of an authority evidenced by certificates and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the authority; and the authority may in such instruments provide for pledging of all or any part of its gross or net fees, tolls, charges, revenues, and incomes and mortgaging of all or any part of its real or personal property and covenant against pledging any or all of its income, revenues, tolls, charges, or fees; and may further provide for the disposition of proceeds realized from the sale of any mutilated certificates and necessary provisions as to payment and redemption of such certificates. Undertakings of an authority may likewise prescribe the procedure by which 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 an 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 as security 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, mortgage, and deed to secure debt may contain such provisions as may be deemed necessary or desirable by the authority not inconsistent with law.

Page 606

88-1812. Authority without power to tax; levy of tax by counties; cities, and towns . An authority shall have no power to tax, but upon the adoption of the resolution by the governing body or bodies of participating units or subdivisions as herein provided and the execution of a contract for the use of facilities or services of the authority by political subdivisions or participating units as hereinafter authorized, provision shall be made annually by such participating units or political subdivisions contracting with an authority for the payment for the services or facilities of the authority used by the participating units or subdivisions or the residents thereof out of general funds of the participating units or subdivisions or out of tax revenues realized for the purpose of providing medical care or hospitalization for the indigent sick. For the purpose of providing such tax revenues, there is hereby authorized to be levied an ad valorem tax not exceeding five mills, exclusive of all other taxes which may be levied by counties or by cities or towns which have executed contracts with hospital authorities, from which revenues, when realized, there shall be appropriated annually sums sufficient to pay for the cost of the use of the services and facilities of authorities by participating subdivisions or the residents thereof pursuant to the contract between such participating units and subdivisions and an authority; provided, however, that in addition to the aforesaid five mill levy, counties, cities, or towns which have executed contracts with hospital authorities are hereby authorized to levy annually an additional ad valorem tax not exceeding two mills exclusive of all other taxes, from which additional revenues, when realized, there shall be appropriated sums to be used exclusively to pay for the cost of acquiring, constructing, equipping, altering, modernizing, or repairing by authorities of any project as defined in this Chapter, pursuant to the contract between such participating subdivisions and an authority, such cost including but not being limited to the principal and interest, and sinking fund and reserve requirements, or revenue certificates or bonds issued by authorities to acquire, construct, equip, alter, modernize, or repair such projects; provided, further, the foregoing authorization to levy up to two mills additional tax to be used exclusively for acquiring, constructing, equipping, altering, modernizing, or repairing projects is not

Page 607

intended and shall not be construed as a limitation, reduction, or restriction with respect to the levy and use of the aforesaid five mill tax first provided in this Section. 88-1813. Contracts with political subdivisions . (a) For the purpose of using such facilities any city or county is hereby authorized by action of its governing body to enter into contracts with an authority for such periods of time not exceeding thirty years as shall be necessary to provide for the continued maintenance and use of the facilities of an authority; sums due and payable under such contract shall be determined from year to year during the period of such contract and no sums shall be paid for the services in excess of the amounts necessary to provide for the maintenance and operation of projects of authorities and such sums as shall be necessary to provide adequate and necessary facilities for medical care and hospitalization of the indigent sick, including reasonable reserve necessary for expansion and necessary for the payment of the cost of facilities of the projects; provided, that any such contract may obligate a city or county or any combination thereof to pay for such services a fixed and definite minimum sum each year based or calculated upon the anticipated cost of such services including the cost and expense of making the facilities of the authority available for the furnishing and performance of such services. The contracts herein authorized to be entered into between cities or counties or any combination thereof with authorities may provide for the conveyance or lease of any existing hospital facilities or projects as herein defined to an authority created by any such cities or counties for a nominal consideration only; provided, that such conveyance shall contain a clause providing that upon dissolution of the authority said hospital facilities or projects shall revert to the city or county conveying the same to the authority and providing further that no property so conveyed may be mortgaged or in any way given as security for an indebtedness of the authority; this limitation, however, is not to be construed as limiting the right of the authority to pledge or hypothecate revenues which may be realized by the authority from the operation of any property so conveyed to the authority.

Page 608

(b) When, in accordance with the provisions of this Chapter, any county shall activate a hospital authority for such county and such authority shall acquire or construct or shall make preparations to acquire or construct a hospital in said county, any municipality in said county shall be authorized to contract with said hospital authority for the care in said hospital of indigent sick or injured persons who are residents of said municipality either on a per patient per day basis or for a fixed amount of money payable at such time as said contracting parties may agree upon and any such contract may be, at the election of such municipality, binding upon it for a period of not exceeding thirty (30) years. Such contract and the amount to be received by said hospital authority therefrom may be pledged by said hospital authority as security for the payment of the principal and interest of any bonds or revenue anticipation certificates which it may issue in order to acquire or construct said hospital. 88-1814. Manner of operation of property . Any property conveyed or leased to an authority by cities or counties shall be operated by the authority to which the same is conveyed together with other facilities of the authority in accordance with and under the provisions of this Chapter and the resolution of the governing body or bodies or participating units. 88-1815. Hypothecation or mortgaging of hospital facilities . Should an authority acquire, by purchase, existing hospital facilities of political subdivisions and pay the reasonable value therefor, nothing in this Chapter shall be construed to prevent the hypothecation or mortgaging of such facilities as security for the repayment of any indebtedness which may be legally incurred by such authority. 88-1816. General obligations; payment . Obligations of authorities other than certificates shall be payable from general funds of an authority and shall at no time be a charge against any special fund allocated to the payment of certificates except upon payment of current annual maturities and reserves hereinbefore required to be created. Such obligations, except certificates, shall be payable each year. 88-1817. Dissolution; disposition of property . By joint

Page 609

action of the board of trustees of an authority and the governing bodies of participating units, authorities created under and pursuant to the terms of this Chapter may be dissolved, provided that no such dissolution shall in any way impair the rights of third persons or the contracts of the authority with such third persons. Disposition to be made of the property of the authority upon dissolution shall be covered in any resolution adopted by the participating units and the board of trustees of the authority. At no time, however, shall any authority upon dissolution convey any of its property except as may be otherwise authorized by law to any private person, individual, association, or corporation. 88-1818. Annual report by trustees; budget . The board of trustees of each authority created hereunder shall file an annual report on forms prescribed by the Department with the governing body or bodies of political subdivisions or participating units of the activities of the authority for the year and shall annually consider and adopt as a part of such report a budget, which budget shall be filed with the annual report. The board of trustees may hold a public hearing on the budget and representatives of any governing body within the area of operation of the authority or any other person having an interest in such budget shall be admitted to such hearing with the right to be heard with respect to any matter covered by the report of the board of trustees or by the budget. 88-1819. Construction of Chapter . This Chapter, being necessary for the welfare of the citizens of the State, shall be liberally construed to effect the purposes hereof and insofar as the provisions of this Chapter may be inconsistent with the provisions of any other law, whether by charter of any political subdivision of the State or otherwise, this Chapter shall be controlling. 88-1820. Investment of surplus monies . The several hospital authorities created by and under this Chapter are hereby authorized and empowered to invest all monies, or any part thereof received by them through the issuance and sale of revenue certificates of the authorities, or from contributions or gifts received by the authorities which cannot

Page 610

be immediately used for the purpose for which received, in any security or securities which are legal investments for sinking fund purposes; provided, however, that such investments in such securities will at all times be held for, and when sold, used for the purposes for which the money was originally received and no other. 88-1821. Annual Audit . The several hospital authorities created by and under this Chapter shall conduct an annual audit of the financial affairs, books, and records of such authority, said audit to be at the end of each fiscal year for the preceding year. Each hospital authority shall obtain either a certified public accountant or a firm of certified public accountants to conduct such audit. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted accounting principles and shall submit a complete and final report and audit to such authority not later than ninety (90) days after the close of the fiscal year. All audits provided for herein shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, profit and loss statement and statement of receipts and disbursements. 88-1822. Publication of Audits . All final audits as provided for above shall be reproduced in sufficient number and copies shall be submitted to and filed with the Secretary of State and the State Budget Officer. A copy of said audit shall also be filed with the clerk of the superior court in the county where any hospital is operated by a hospital authority and in the office of the clerk of the superior court of any county that is a participating unit of the authority. Provided, however, in the event any hospital is operated by a municipal hospital authority, the audit required herein to be filed with the office of the clerk of the superior court shall be filed in the office of city clerk, clerk of council, clerk of the board of aldermen or by whatever name known in lieu of being filed with the clerk of the superior court. 88-1823. Failure to conduct audit . In the event any hospital authority shall fail or refuse to provide for an annual audit and have such audit prepared and filed as herein set forth, any taxpayer of any participating unit of such authority

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or the governing authority of such unit may petition the superior court of the county wherein the authority operates a hospital to require said authority to have such audit prepared and filed as herein provided. The judge of said court shall set a time for the hearing on such petition and after notice to the authority shall hear and determine said petition. In the event it is determined that the authority has failed to comply with the provisions herein relative to the preparation and filing of said audit, the judge shall pass such orders as are necessary to effectuate compliance with said provision. In the event the authority fails to have an audit prepared and filed as required by said court order, the members of said authority shall be subject to contempt proceedings by the court as provided by law. CHAPTER 88-19 REGULATIONS OF HOSPITALS AND RELATED INSTITUTIONS 88-1901. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) the term institution means any building, facility, or place in which is provided two (2) or more beds and other facilities and services that are used for persons received for either examination, diagnosis, treatment, surgery, maternity care, nursing care, or personal care for periods continuing for twenty-four (24) hours or longer and which are classified by the Department of Health, as provided for herein, as either a hospital, nursing home, or personal care home. (b) the term permit, when issued to an institution, signifies that its facilities and operations comply with the rules and regulations of the Department of Health. (c) the term provisional permit, when issued to an institution, means a permit issued on a conditional basis for one of the following reasons:

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(1) to allow a newly established institution a reasonable but limited period of time to demonstrate that its operational procedures equals standards specified by the rules and regulations of the Department of Health; or (2) to allow an existing institution a reasonable length of time to comply with rules and regulations, provided said institution shall present a plan of improvement acceptable to the Department of Health. 88-1902. Department of Health; power and authority . The Department of Health shall have the power and authority to make and promulgate reasonable rules and regulations for the protection of the health and lives of patients of institutions, as herein defined. 88-1903. Same; adoption of rules and regulations . The Department of Health, after consultation with the Hospital Advisory Council, shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building, equipment, facilities, and institutional services which institutions as defined herein shall have and use in order to properly care for their patients. 88-1904. Same; Classification of institutions . The Department of Health shall classify institutions as herein defined and make and promulgate rules and regulations that apply to such institutions according to the type of services rendered. 88-1905. Permits to operate required; application; issue . Any person or persons responsible for the operation of any institution as defined or classified pursuant to this Chapter, or who may hereafter propose to establish and operate such an institution, shall submit an application to the Department of Health for a permit to operate said institution, such application to be made on forms prescribed by the Department of Health. No institution shall be operated in Georgia without such a permit, which shall be displayed in a conspicuous place within the building. Failure or refusal to file an application for a permit as required herein shall constitute

Page 613

a violation of this Chapter and shall be dealt with as provided for in Chapter 88-3 of this Title. Following inspection and classification of the institution for which a permit is applied, the Department of Health may issue a permit or a provisional permit, or refuse to issue a permit or a provisional permit. Permits issued shall remain in force and effect until revoked or suspended; provisional permits issued shall remain in force and effect for such limited period of time as may be specified by the Department of Health. 88-1906. Same; denial, refusal, revocation of permit . The Department of Health may refuse to grant a permit as provided for in Section 88-1905 hereof for the operation of any institution that does not fulfill the reasonable minimum requirements which the Department of Health may prescribe by rules and regulations and may revoke a permit which has been issued if the institution concerned violates any of said rules and regulations; provided, however, that before any order is entered refusing a permit applied for or revoking a permit previously granted, the applicant or permit holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 88-3 of this Title. All appeals from such orders and all rights of enforcement by injunction shall be governed by said Chapter 88-3. 88-1907. Same; offices of physicians and federal institutions excluded . The provisions of this Chapter shall not apply to the offices of physicians or others practicing the healing arts unless the facilities and services described in Subsection 88-1901 (a) hereof are provided therein, nor shall the provisions of this Chapter apply to institutions operated exclusively by the Federal Government or by any of its agencies. CHAPTER 88-20 EYE BANKS 88-2001. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them:

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(a) the term eye bank means a non-profit facility which is maintained and operated for the extraction, removal, care, storage, preservation, and use of human eyes or parts thereof for purposes of sight preservation or restoration, or for medical education, or instructions pertaining to sight preservation or restoration, which facilities are operated by and under the supervision of persons who are at the same time operating a hospital for the care of human beings or a medical school for instruction in the medical care of human beings. (b) the term person or persons means any individual, firm, partnership, corporation, trustee, association, or combination thereof. 88-2002. Persons who may operate an eye bank . Any person or persons operating a hospital for the care of human beings or a medical school for instruction in the medical care of human beings, acting alone or in conjunction with other charitable organizations, may establish and maintain an eye bank in such hospital or medical school for the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for purposes of sight preservation or restoration or medical education or instruction pertaining to sight preservation or restoration upon such hospital or medical school being approved for the establishment of an eye bank by the Department of Health. Upon the establishment of any eye bank as herein authorized such persons may then begin the extraction, removal, care, preservation, storage, and use of human eyes or parts thereof for any of the herein purposes for which eye banks may be established. Persons who operate the same shall have the right to receive gifts, donations, and bequests for the purposes as stated herein for the operation of an eye bank. 88-2003. Who may donate eyes or parts thereof . Any person of legal age and of sound mind may donate such person's eyes or any part thereof, or the spouse, but, if there be no spouse surviving, then all of the immediate next of kin of the deceased may donate the deceased eyes or any part thereof to any eye bank established in accordance with the provisions of this Chapter and provided such person receives

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no remuneration or other thing of value for such disposition, and provided such donation is for the purposes for which eye banks may be established under this Chapter. 88-2004. Method of donation and revocation thereof . (a) Donation of eyes or parts thereof shall be made effective by filing with the parties maintaining the donee eye bank a written instrument showing the donor's intention to make such donation and designating the donee eye bank, which statement shall be signed by the donor in the presence of two (2) witnesses who shall witness to the fact that the same was signed by the donor in the presence of the witness. (b) Any donor may revoke any donation of such person's eyes or parts thereof at any time by delivering prior to donor's death to the parties maintaining the donee eye bank a written instrument showing the intention to revoke such donation executed in the same manner as the instrument making the original donation. It shall be the duty of the parties maintaining said donee eye bank to acknowledge receipt of said revocation instrument from said donor within a period of ten (10) days following the receipt thereof. 88-2005. Persons authorized to extract eyes; compensation therefor; non liability of such persons; and non liability of persons having custody or control of deceased donor's body . (a) Upon the death of any donor the parties holding donor's unrevoked instrument of donation and maintaining and operating the donee eye bank may authorize any physician to extract and remove such donated eyes or parts thereof for said eye bank in accordance with sound medical practices. (b) The person or persons extracting and removing said donated eyes or parts thereof shall receive no compensation for such services other than those established, approved, and paid by the persons maintaining and operating said eye bank. (c) Neither persons maintaining and operating eye banks, nor their agents, nor persons having custody or control of

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deceased donor's body shall be liable criminally or civilly to any person or any person's estate for the removal of eyes or parts thereof donated and removed in accordance with the provisions of this Chapter. 88-2006. Donor and donor's estate relieved of liability . In no event shall any donor or donor's estate incur any liability or be liable for any expense connected with or resulting from the donation, extraction, removal, care, preservation, storage, or use of such donor's eyes or parts thereof. 88-2007. Powers of the Department of Health . The Department of Health is hereby empowered to approve or disapprove the establishment of an eye bank by any group desiring to establish same in accordance with rules and regulations adopted by the Department of Health; to exercise such control, inspection, and supervision of established eye banks as the Department of Health determines to be proper; and to terminate for good cause the approval of any person or persons to maintain and operate an eye bank. 88-2008. No provisions of this Chapter shall affect existing laws . No provisions of this Chapter shall affect, interfere with, or change presently existing methods of the medical or scientific operation, treatment, examination, or instructions pertaining to the eyes of human beings as the same is now carried on in the hospitals or medical schools of this State. 88-2009. Unlawful acts and misdemeanors . (a) It shall be unlawful and punishable as a misdemeanor for any person to sell either said person's eyes or parts thereof or the eyes or any parts thereof of another person or to receive any remuneration for the giving of a human eye or any part thereof. (b) It shall be unlawful and punishable as a misdemeanor for the person or persons operating and maintaining any eye bank to sell any donated eye or donated part thereof or to knowingly extract, remove, or take possession of any human eye or part thereof for which any person received compensation or remuneration.

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(c) It shall be unlawful and punishable as a misdemeanor for any person or persons removing donated eyes or parts thereof to receive any compensation established, approved, and paid by the person or persons operating the donee eye bank and authorizing the extraction or removal of such eyes or parts thereof. (d) It shall be unlawful and punishable as a misdemeanor for any person or persons to establish or operate any eye bank without approval of the Department of Health, or otherwise not in accordance with the provisions of this Chapter. CHAPTER 88-21 GRANTS FOR MEDICAL FACILITIES 88-2101. Grants-in-aid authorized . The State of Georgia is hereby authorized to make grants to any county, municipality, or any combination of the same, or any hospital authority to assist in the construction of publicly owned and publicly operated medical facilities and auxiliary medical facilities as hereinafter defined with the amount of the grant to be determined in accordance with Section 88-2103 and 88-2104 hereof. 88-2102. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Hospital authority means any hospital authority created under the Hospital Authorities Law, Chapter 88-18 of this Title. (b) Medical facilities means general hospitals, psychiatric hospitals, nurse training facilities, tuberculosis hospitals, and public health centers. (c) Auxiliary medical facilities means diagnostic and treatment facilities, nursing homes, chronic illness hospitals, and rehabilitation centers.

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(d) Construction project means any medical facility or auxiliary medical facility construction program as evidenced by the approval of a project under Title VI, Public Health Service Act, as now or hereafter amended. (e) Publicly owned means that a county, municipality, or hospital authority, or any combination thereof, must hold title or have a long-term lease acceptable to the Department of Health to the property on which the construction is proposed. (f) Publicly operated means operated by a county, municipality, or hospital authority, or any combination thereof. (g) The terms hospital, psychiatric hospital, nurse training facilities, public health center, rehabilitation facility, nursing home, chronic illness hospital, construction, and cost of construction have the same meanings as respectively ascribed to them in Title VI of the Public Health Service Act, as now or hereafter amended. 88-2103. Grants for medical facilities . (a) Grants made pursuant to this Chapter for medical facilities shall be in an amount equal to one-third ([UNK]) of the allowable cost of construction of such medical facilities; provided that such grant shall not exceed five hundred thousand dollars ($500,000) to each construction project. (b) In the event that State funds appropriated or otherwise made available during a given fiscal year for medical facilities construction are not sufficient to match available Federal funds, then the Department of Health shall be empowered to reduce the percentage of contribution by the State below the one-third ([UNK]) percentage in order to obtain the optimum amount of construction with funds available. (c) The aggregate of Federal and State funds granted to publicly owned and publicly operated construction projects shall be sixty-six and two-thirds percent (66[UNK]%) unless State funds are inadequate to obtain optimum construction; then the Department of Health is authorized to establish an aggregate less than sixty-six and two-thirds percent

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(66[UNK]%). 88-2104. Grants for auxiliary medical facilities . In the event that State funds are appropriated or otherwise made available for publicly owned and publicly operated auxiliary medical facilities, then the Department of Health shall have the right to establish the percentage of State grant-in-aid contribution so as to obtain the optimum amount of construction with funds available. The Department of Health may establish a matching formula for auxiliary medical facilities which is different from the matching formula for medical facilities. 88-2105. Matching formula; priority; use of earnings; approval of Federal grant . (a) The Department of Health shall establish the matching formula by fiscal year and any change in matching formula shall apply in the same manner to each construction project approved during that fiscal year. (b) Grants made pursuant to this Chapter shall be in accordance with the priority system as approved by the Department of Health and the Surgeon General of the U. S. Public Health Service. (c) No part of the net earnings of publicly owned and operated medical facilities and auxiliary medical facilities constructed with the assistance of a grant under this Chapter shall inure to the benefit of any private corporation or individual. (d) Any grant made pursuant to this Chapter shall be contingent on the approval for that project of a Federal grant approved by the Surgeon General of the U. S. Public Health Service, under the provisions of Title VI of the Public Health Service Act, as now or hereafter amended. 88-2106. Appropriations authorized; amount . In order to assist the several counties, municipalities, or any combination of the same or any hospital authorities created under the Hospital Authorities Law, such funds as are appropriated for each fiscal year for the construction of publicly

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owned and operated medical facilities and auxiliary medical facilities shall be expended in accordance with the provisions of this Chapter. 88-2107. Department of Health to administer funds . The Department of Health is to be the sole agency for the administration of State funds pursuant to the intent of this Chapter. Administration of said funds will be done in direct conjunction with the administration of Federal funds under Title VI of the Public Health Service Act, as now or hereafter amended. 88-2108. Federal standards and regulations followed . The establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Title VI of the Public Health Service Act, as now or hereafter amended, and the Federal regulations prescribed thereunder. 88-2109. Procedure to be followed for projects . For each project of construction pursuant to this Chapter, there shall be submitted to the Department of Health an application for State funds. (a) Upon approving an application under this Section, the Department of Health shall submit a budget request to the State Budget Bureau, based upon such application, and, upon approval by the Budget Bureau, the same shall constitute an obligation of the State of Georgia. (b) Payments to the sponsor of a construction project shall be made in installments as construction progresses at intervals to be determined at the discretion of the Department of Health, and said Department shall have the right to inspect and audit records and accounts of the sponsor as a condition precedent to making payments. (c) If any publicly owned and operated medical facilities and auxiliary medical facilities for which funds have been paid under this Section shall be leased to any corporation, person, organization, or body, except one eligible to receive grant under the provisions of this Chapter, or shall be sold

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or used for any purpose contrary to the provisions under which the grant was made, at any time within twenty (20) years after completion of construction, and such change in lease, sale, or use is not approved by the Department of Health, the Department of Health may bring an equitable proceeding for writ of injunction against any person, firm, corporation, or organization operating in violation of this Chapter. The proceedings shall be filed in the county in which such persons reside, or, in the case of a firm or corporation, where said firm or corporation maintains its principal office and unless it be made to appear that such person, firm, or corporation which has leased said medical facilities or auxiliary medical facilities would have been eligible to accept the grant-in-aid from the State of Georgia in the first instance and said lease has been approved by the Department of Health or said sale or use has been approved by the Department of Health, the writ of injunction shall issue and such person, firm, or corporation perpetually enjoined throughout the State from operating in violation of the provisions set out above. It shall not be necessary in order to obtain the equitable relief herein provided for that the Department of Health show that the person, firm, or corporation is ineligible and to prove there is no adequate remedy at law. In addition, the Department of Health shall be entitled to sue and recover from the transferor and transferee of any facility specified above such per centum of the then value of such facility as to the State grant bore toward the total construction cost of that facility as determined by agreement of the parties or by action brought in court in the due process of law. CHAPTER 88-22 HOSPITAL ADVISORY COUNCIL 88-2201. Council authorized . There shall be established an Advisory Council for Construction, Licensure, and Indigent Care, hereinafter called, Advisory Council, to advise with the Department of Health relative to policies, procedures, rules, regulations, and standards adopted and promulgated by said Department of Health pursuant to the provisions of an Act of February 1, 1946 (Ga. Laws 1946, p. 34),

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p. 34), and an Act of March 13, 1957 (Ga. Laws 1957, p. 470), as amended, and to perform such other functions as may be placed upon it by law. 88-2202. Function of Advisory Council . The function of the Advisory Council is to serve as an effective and useful resource in the improvement of patient care in community medical facilities throughout the State by review, study, and consideration of any matters pertaining to policies, procedures, rules, regulations, and standards regarding programs within the scope of Advisory Council activities. Formal action by the Advisory Council on any matter shall constitute a recommendation to the Department of Health and the Department of Public Welfare. 88-2203. Appointment of Members . The membership of said Advisory Council shall consist of three members appointed by the Governor from the State-at-large representing consumers of hospital services; three physicians appointed by the Medical Association of Georgia; two hospital administrators appointed by the Georgia Hospital Association; one hospital trustee appointed by the Georgia Association of Hospital Governing Boards; one dentist appointed by the Georgia Dental Association; one nurse appointed by the Georgia State Nurses' Association; one pharmacist appointed by the Georgia Pharmaceutical Association; one nursing home administrator appointed by the Georgia Association of Nursing Homes; and one county commissioner appointed by the Association of County Commissioners of Georgia. If any of the above associations fail or cease to function, then the Governor shall appoint representatives from such group or groups. The present members of the Hospital Advisory Council shall continue to serve until their terms have expired, and until their successors are duly appointed and qualified. When such appointments are first made, four of the non-ex-officio members of said Advisory Council shall be appointed to terms of two years each, five for three years each, and five for four years each, to be determined by lot. After the expiration of the first appointments, all appointments shall be made for terms of four years. Vacancies in the membership of said Advisory Council shall be filled in the same

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manner as the original appointments. 88-2204. Ex-officio members . The ex-officio members of the Advisory Council shall be the Attorney General, the Director of the Department of Public Welfare, the Director of the Vocational Rehabilitation Division of the State Department of Education, and the Director of the Department of Health. The term of an ex-officio member shall expire with his term of office, and his successor in office shall succeed him as a member of said Advisory Council. An ex-officio member may designate a deputy to serve in his place as a member of the Advisory Council, and he shall be subject to the same duties and responsibilities as would be imposed upon the ex-officio member. 88-2205. Officers, meetings, and by-laws . The Advisory Council shall select one of its members to serve as chairman and one of its members to serve as vice-chairman. The Advisory Council shall meet at the call of the chairman or upon written request of any eight members, and eight members shall constitute a quorum for the transaction of business. The Advisory Council is authorized to adopt such by-laws, rules, and regulations as it may deem necessary for the proper conduct of its proceedings in carrying out its duties. The Director of the Department of Health shall furnish the necessary clerical assistance from among the employees of the Department of Health as may be required by the Advisory Council. The Advisory Council shall meet at least as frequently as semi-annually or at the call of the Chairman and minutes of the meetings of the Advisory Council shall be included in the minutes of the meeting of the Board of Health next occurring after the preparation of such minutes. 88-2206. Compensation of members . Members of the Advisory Council shall receive per diem and expenses as shall be set and approved by the Budget Bureau conformably to rates and allowances set for members of other State boards, committees, and councils except ex-officio members who shall receive only expenses.

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CHAPTER 88-23 HOSPITAL CARE FOR THE INDIGENT 88-2301. Program established; administration by Department of Health; purpose of law . In order to promote and preserve the health of the people of this State there is hereby established a Hospital Care for the Indigent program to be administered by the Department of Health. The purpose of this program is to assist counties in the purchase of hospital care for persons who are ill or injured, and who can be helped by treatment in a hospital, and who are financially unable to meet the full cost of hospital care from their own resources or from the resources of those upon whom they are legally dependent. The purchase of such hospital care shall be limited to the non profit basic cost of hospital care needed for the treatment of the ill or injured, as deemed necessary and ordered by the physician in charge of the case in accordance with the provisions of this Chapter and the rules, regulations, and standards adopted and promulgated hereunder. 88-2302. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (a) Department or Department of Health means the Department of Public Health. (b) Program means the Hospital Care for the Indigent program. (c) Participating hospital means a publicly or privately owned hospital holding a valid permit issued pursuant to Chapter 88-20 and having a physician as chief of staff, and providing further that the governing authority of the hospital has elected to participate in the program in accordance with the provisions of this Chapter. (d) Physician means a doctor of medicine duly licensed to practice medicine in Georgia in accordance with the

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Georgia Medical Practice Act (Georgia Code Chapter 84-9). (e) Indigent person means any person who is ill or injured and who from his own resources or from the resources of those upon whom he is legally dependent is financially unable to meet the full cost of hospital care as prescribed or ordered by a physician. (f) Resident means any person who is in the State of Georgia for other than temporary or transitory purposes and who has lived continuously in this State for a period of not less than six months. (g) Participating county means a county, the governing authority of which, by appropriate action, has agreed to participate in the program and is current with its prorata share of funds necessary for the hospital care for its ill or injured indigent as herein defined and in accordance with the provisions of this Chapter. 88-2303. Financing program . Until such time as a specific appropriation may be made to the Department for the purpose of carrying out the provisions of this Chapter, the Budget Bureau is hereby authorized to make an allotment to the Department in such amounts as the Bureau may deem necessary and proper for such purpose in accordance with the provisions of Georgia Code Section 40-408. 88-2304. Expenditures by Department; amount to counties . State funds appropriated to the Department for the purpose of carrying out the provisions of this Chapter shall be expended by the Department so as to provide for the administration of this Chapter as it deems necessary and proper and to assist counties in providing hospital care for indigent residents. The Department shall establish a graduated matching formula for the disbursement of State funds to assist counties as provided herein; provided, the State share of any participating county budget shall not exceed one dollar ($1.00) per capita based on the latest official decennial population count of the United States Census Bureau. The Department may establish an amount of State funds of the total State and county participating budget to provide hospital care for indigent resident patients

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who may be hospitalized outside of the county of residency; provided, however, that any unexpended State funds budgeted to provide hospital care for the indigent patient who may be hospitalized outside the county of residency may be reallocated by the Department according to the matching formula. 88-2305. Budgets estimating needs to be submitted by counties . After the implementation of this Chapter the governing authority of the participating county shall on or before the first day of April of each year submit to the Department a Hospital Care for the Indigent budget containing an estimate and supporting data setting forth the amount of moneys needed to provide hospital care for the indigent residents for said county. 88-2306. Credit to counties for expenditures . Upon certification, approved by the Department, any participating county may receive credit for direct expenditures made during the period covered by the budget by the county to a hospital or hospitals when such expenditures can be shown to have been made for the care of indigent residents as herein defined. 88-2307. Rules and regulations . The Department, after consultation with the Hospital Advisory Council, shall adopt and promulgate such rules and regulations as it deems necessary to carry out the provisions of this Chapter. 88-2308. Qualification of persons under program; waiver of residence requirements in emergencies . A person to qualify for assistance under this program must be an indigent resident of this State and must be a person for whom hospital care is not available under any other program. The six-months' residency requirements may be waived; provided a physician certifies that the illness or injury constitutes an emergency which requires immediate hospital care. 88-2309. Qualification of counties for assistance . To qualify a county for assistance under this program the

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governing authority of said county shall have certified that: (a) the county elects to participate in the program; (b) a local budget providing the funds required by the graduated matching formula has been approved; (c) a local administrative agency or officer has been appointed; and (d) a screening committee or agency has been appointed to make determinations and certifications relative to indigency of persons applying for assistance as provided for in this Chapter. 88-2310. Agreements between Department and other governmental agencies or private organizations . The Department is authorized and empowered to enter into agreements with other State departments, boards, and agencies of the United States Government, local governmental agencies, and voluntary organizations to obtain funds for hospital care that may be available for needy persons, and the Department is authorized to receive and administer any funds by such agreements in conformity with the provisions of this Chapter; provided, that the authority granted in this Chapter shall not prevent the State Department of Public Welfare from complying with the provisions of a Social Security Act Governing Medical Care (U.S.C.A. 14701, et seq.). 88-2311. Gifts and donations . The Department is authorized and empowered to accept and expend any and all gifts and donations that may be available to it for the purposes of this Chapter. 88-2312. Chapter as supplementary to other programs . This Chapter shall not be construed as replacing Federal, State, or local programs for the indigent but may supplement such programs for hospital care of the indigent.

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CHAPTER 88-24 RIGHTS OF CERTAIN STATE EMPLOYEES 88-2401. Compensation of employees contracting tuberculosis; termination upon death . Any employee of any State institution, agency, or department charged with the care, treatment, or diagnosis of persons infected with tuberculosis who contracts tuberculosis while employed by such institution, agency, or department may be carried on the payroll of such institution, agency, or department at one-half of his total compensation or one-hundred fifty dollars ($150) per month, whichever is less, for the duration of his disability due to tuberculosis, not to exceed three-hundred fifty (350) weeks. In the event of death of the employee, while receiving compensation under the provisions of this Section, such compensation shall immediately cease. 88-2402. Physical examination to show freedom from disease at time of beginning employment . Before any employee of any institution, agency, or department of State is eligible to receive compensation under the provisions of Section 88-2401, he must undergo a physical examination at the beginning of or during the course of his employment, which examination must show said person to be free of tuberculosis at that time. 88-2403. Free physical examination for employees . All physical examinations pursuant to Section 88-2402 shall be provided free of charge by the institution, agency, or department employing the person. 88-2404. Periodic physical examinations of persons receiving compensation; return to work upon recovery . Any institution, agency, or department having employees qualifying for compensation under the provisions of Section 88-2401 may require periodic physical examinations of such employees to determine if each such employee has recovered sufficiently to resume his duties without danger of spreading the infection. If employee is found to be recovered sufficiently,

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he must forthwith return to his duties. In the event of failure so to do, he must be removed from the payroll of the institution, agency, or department. 88-2405. No compensation when employee exercises benefits of retirement system . If an employee of any State institution, agency, or department elects to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, at the time it is ascertained that he has contracted tuberculosis, the compensation authorized under Section 88-2401 shall not be paid. 88-2406. Contributions to retirement system where employee not eligible to retire . In the event the employee is not eligible, or does not elect to retire under the provisions of the Employees' Retirement System of Georgia, if eligible, after contracting tuberculosis, the institution, agency, or department of the State by which he is employed shall continue to make contributions to the Employees' Retirement System of Georgia, based on the employee's total or reduced compensation, for the duration of his illness, not to exceed a maximum of three-hundred fifty (350) weeks. The employee may elect to continue his contributions to the Employees' retirement System of Georgia based on his total compensation or on the reduced compensation received from the institution, agency, or department; provided, however, that retirement credits and benefits of an employee receiving compensation under provisions of Section 2401 shall be based upon the compensation elected and contributed on by the employee. 88-2407. Rights of employees under merit system . Any employee of any State institution, agency, or department, who qualifies under the provisions of Section 88-2401, shall be given credit for all salary adjustments and the same eligibility for step increases to which he would have been entitled under the Merit System of Personnel Administration had he not contracted tuberculosis and had he remained on the job full time in the same capacity and with the same status as he had previously attained.

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88-2408. Election between retirement system benefits and those of this Section 88-2401 . If an employee of any State institution, agency, or department has, before the effective date hereof, retired under the provisions of the Employees' Retirement System of Georgia after it has been ascertained that he has contracted tuberculosis as a result of such employment, in accordance with provisions of Section 40-2505, Subsections (3) (c) and (4) (e), he may elect the benefits of Section 88-2401 provided he waives any further payments from the Employees' Retirement System of Georgia during the term of his eligibility under Section 88-2401. 88-2409. Rules and regulations of employing authority; exclusion of non-exposed personnel from provisions of Section 88-2401 . The superintendent or director having the legal authority to appoint employees of any institution, agency, or department of the State affected by Section 88-2401 is authorized to make and promulgate rules and regulations, not inconsistent with the provisions of Section 88-2401 through 88-2408, to effectuate and carry out the intent and purpose of this Chapter. The superintendent or director having the legal authority to appoint employees of any institution, agency, or department may exclude from the provisions of Section 88-2401 the employees of divisions or units of the institution, agency, or department who, in the opinion of the superintendent or director, have no occupational exposure to tuberculosis. 88-2410. Employees of certain institutions specifically covered by Chapter . It is hereby declared to be the specific intent of Section 88-2401 that the employees of the Milledgeville State Hospital, Battey State Hospital, and Tattnall State Prison be covered by the provisions of Section 88-2401 through 88-2409, subject to rules and regulations pursuant to Section 88-2409. The above language shall not be construed to exclude the employees of any other institution, agency, or department of State charged with the care, treatment, or diagnosis of persons infected with tuberculosis, who have an occupational exposure to tuberculosis.

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CHAPTER 88-25 MENTAL RETARDATION 88-2501. Mental retardation recognized as health problem . Mental retardation is hereby recognized as a public health problem affecting the general welfare and economy of the State, and further the mentally retarded individual is recognized as one who may be improved or rehabilitated physically and mentally through care, training, schooling, and treatment. Adequate facilities and programs, including specialized services to meet his needs, are declared to be in the best interest of the mentally retarded individual and essential to the public health and welfare. 88-2502. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter ascribed to them: (a) Mental retardation means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior. (b) Mentally retarded individual means any person suffering from mental retardation. (c) Department or Department of Health means the Department of Public Health. (d) Institution means any State owned or State operated hospital, school, or institution for the diagnosis, care, treatment, training, detention, or rehabilitation of the mentally retarded individuals. (e) Superintendent means the chief administrative officer of any institution or a physician designated or appointed as a deputy, agent, or representative of the superintendent and shall include his successor or successors. (f) Physician means a doctor of medicine licensed to

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practice in this State under the provisions of Georgia Medical Practice Act (Georgia Code Chapter 84-9). 88-2503. Authority to receive mentally retarded individuals on a voluntary admission; who may apply . The superintendent may receive for observation and diagnosis any resident of Georgia for whom application is made by his father, mother, or guardian or, when neither parent nor the guardian is available and capable, by an adult next of kin, supplying such data as the superintendent may require, and, if found to be a mentally retarded individual, such individual may be admitted to the institution for care, treatment, training, and rehabilitation for such period and under such conditions as may be authorized by law. Should the institution at any time not be able to accommodate all who should be admitted thereto under this Section, preference in admission shall be given to children and women of child bearing age. 88-2504. Discharge of mentally retarded individuals admitted voluntarily . The superintendent of any institution shall discharge any mentally retarded individual admitted voluntarily whose hospitalization, care, and treatment he deems to be no longer advisable. He may also discharge any mentally retarded individual admitted voluntarily if to do so would, in his judgment, contribute to the most effective use of the institution in the hospitalization, care, and treatment of mentally retarded individuals; provided, however, that in no event shall any such individual be discharged if in the judgment of the superintendent of such institution such discharge would be harmful to the mentally retarded individual or others. 88-2505. Right of mentally retarded individual on voluntary admission to discharge on application . A mentally retarded individual admitted voluntarily whose discharge is requested in writing by his parent, guardian, or adult next of kin who signed the application shall be discharged within fifteen (15) days of receipt of such written request by the superintendent, except, if in the superintendent's opinion, the discharge of the individual would be unsafe, he shall file with the court of ordinary of the individual's residence,

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a certificate stating that in his opinion the discharge of the mentally retarded individual would be unsafe for the individual and others and setting forth the facts upon which such opinion is based, a copy being sent by registered mail to the individual's parent, legal guardian, or adult next of kin. Such certification shall be deemed to be a certificate of a physician and an application for an involuntary order to the care of the Department of said individual as provided for in Subsection 88-2507 (a) of this Chapter, and proceedings shall be had thereon as provided in the remaining Subsections of Section 88-2507. The individual shall remain at the same institution as designated by the ordinary pending disposition of the proceeding. 88-2506. Reception of mentally retarded individuals on court order . The Department may receive any mentally retarded individual who is a resident of Georgia on court order pursuant to the provisions of Section 88-2507 hereof or on court order of any juvenile court or superior court of this State as provided for by law; provided, however, that the Department has advised the court that adequate facilities are available for said individual. 88-2507. Judicial procedure for order to care of Department . (a) Upon the written application of any responsible person, on oath, stating that he believes a resident of Georgia to be a mentally retarded individual and in need of care, training, treatment, hospitalization, or rehabilitation and further believes that the father, mother, or guardian of said individual has failed to secure proper care, training, treatment, hospitalization, or rehabilitation for him, the court of ordinary of the county in which the allegedly mentally retarded individual is found shall take jurisdiction. (b) The court of ordinary may at any time during the proceedings take the allegedly mentally retarded individual into custody if deemed necessary for the protection of said individual, and, the Court of Ordinary may appoint an attorney or guardian ad litem to serve on the examining committee for the protection of all legal rights of the retarded

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individual. An individual taken into custody pursuant to this Sub-section or ordered to be hospitalized pursuant to Sub-section 88-2507 (e) hereof may be detained in any suitable home or any other suitable facility under such reasonable conditions as the court may prescribe. (c) The court of ordinary shall appoint two (2) physicians to examine said individual and report to the court their findings as to the mental condition of said individual and his need of being ordered to the care of the Department of Health. The judge of the court of ordinary may issue subpoenas for witnesses to appear before the two (2) physicians and, on their faliure to appear, the judge may take the same steps to compel attendance as if the proceedings were before his court. (d) The two (2) physicians shall file their written report with the court within five (5) days after their appointment. If said report is not unanimous to the effect that it finds the allegedly mentally retarded individual to be a mentally retarded individual and in need of being ordered to the care of the Department, the court of ordinary shall, without taking further action, dismiss the application and terminate the proceedings. (e) If the physicians' report is unanimous to the effect that it finds said individual to be a mentally retarded individual and in need of being ordered to the care of the Department, and the Department has advised the court that such individual can be accepted, the judge of the court of ordinary shall enter an order directed to the Department requiring it to receive said individual. 88-2508. Expenses of proceedings; how paid . The clerk of the court of ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the proceeding provided for in Section 88-2507 of this Chapter and for conveying the mentally retarded individual from such county to the Department of Health. The sum to be paid to the appointed physicians and attorney or guardian ad litem shall not exceed ten dollars ($10) and

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actual expenses. The total cost to be paid to the judge of the court of ordinary for such proceeding shall be the sum of twenty-five dollars ($25). In the event the application is dismissed, the cost to be paid to the judge of the court of ordinary shall be ten dollars ($10), provided, however, that no money shall be drawn from the county treasury for the purposes herein set forth when the mentally retarded individual, his estate, or person or persons responsible or legally obligated for the support of such individual shall be able or sufficient to defray such expenses. 88-2509. Leave and discharge . The superintendent of any institution shall, as frequently as practicable, examine or cause to be examined, every individual in his institution and, whenever he determines any individual to be no longer in need of hospitalization, may discharge him, pursuant to the rules and regulations of the Department, or whenever he determines that conditions are favorable to the continued rehabilitation of said individual may place him on leave for such time and under such conditions as the superintendent may prescribe. 88-2510. Transfer of mentally retarded individuals . (a) The Department may transfer or authorize the transfer of a mentally retarded individual from one institution for the mentally retarded to another institution for the mentally retarded if the Department determines it would be consistent with the training, treatment, hospitalization, or rehabilitation needs of such individual to do so. (b) On recommendation of the superintendent of any institution for the mentally retarded and with the approval of the court having jurisdiction of the case, the Department of Health may transfer any mentally retarded individual to any State owned and State operated psychiatric hospital or other psychiatric hospital subject to the supervision and administrative control of the Department. The transfer shall be made upon the order of the Department or its duly authorized agent or agents and without any additional formal court order.

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88-2511. Authority of Department to prescribe and furnish forms . In addition to the other powers provided by this Chapter, the Department shall have the authority to prescribe and supply the forms of application, records, reports, medical certificates, and any other forms required or used under the provisions of the previous sections of this Chapter. 88-2512. Allegedly mentally retarded individuals in State institutions . The relative, guardian, or friend of any inmate of any State institution shall have the right and power to appeal to the court placing said inmate in said institution for an order directing an examination of said inmate in the form and manner as prescribed in Section 88-2507 of this Chapter. Thereafter the provisions of said Section 88-2507 shall apply; provided, however, the provisions of said Section shall apply only to those who in the first instance might have been ordered to the Department for treatment as mentally retarded individuals. 88-2513. Adjudication of mental retardation by any court where prisoner is on trial for misdemeanor . (a) When the judge of any court where a prisoner is on trial for a misdemeanor shall have cause to believe that such prisoner is a mentally retarded individual, he may appoint two (2) physicians to examine said prisoner and to ascertain whether or not said prisoner is in reality a mentally retarded individual. (b) The two (2) physicians shall file their written report with the court within five (5) days after their appointment. If said report is not unanimous to the effect that it finds the allegedly mentally retarded prisoner to be a mentally retarded prisoner, there shall be no adjudication of mental retardation. (c) If the physicians' report is unanimous to the effect that it finds said prisoner to be a mentally retarded prisoner and in need of care, treatment, or training by the Department, and the Department has advised the court that such prisoner can be accepted, the judge of the court before which the matter is pending shall enter an order directed to the

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Department requiring said individual to be placed in its care. 88-2514. Guardian appointed; when . In the event the Department is unable to accept a mentally retarded individual for hospitalization and suitable and competent guardian for said individual shall be found, the court of ordinary may appoint such person guardian both of the estate and of the person of the one so found to be a mentally retarded individual. CHAPTER 88-26 WATER SUPPLY QUALITY CONTROL 88-2601. Declaration of Policy; Policy of Law; Board of Health designated as Agency to administer Program . As a guide to the interpretation and application of this Chapter, it is hereby declared to be the policy of the State of Georgia that the public and community water supplies of the State shall be utilized prudently to the maximum benefit of the people and their use and need for such water and that the quality of such water is a major factor involving the health and welfare of all people in the State of Georgia. To achieve this end, the Government of the State shall assume responsibility for the quality of said water, and the establishment and maintenance of a water quality control program adequate for present needs and designed to care for the future needs of the State, provided that nothing contained herein shall be construed to waive the immunity of the State for any purpose. This requires that an agency of the State be charged with this duty and that it have the authority to require the use of reasonable methods, that is, those methods which are not only scientifically possible but also economically feasible and physically attainable from a practicable standpoint to insure adequate water of the highest quality for water supply systems. It is the intent of this Act to provide administrative facilities and procedure within the executive branch of the government for determining policy requirements and standards governing the sources, distribution,

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purification, treatment and storage of water for public or community water supply systems. Because of substantial and scientifically significant variations in the characteristics, usage, and effect upon public interest of the differences in surface and underground waters of the State, a uniform requirement or requirements will not necessarily apply to all waters of a segment or segments thereof. It is the intent of this Act to confer discretionary administrative authority upon the Board of Health of the State of Georgia to take these and related circumstances into consideration in its decisions and actions in determining, under the conditions prevailing in specific cases, those procedures to best protect the public interests. The Board of Health of the State of Georgia is hereby designated as the State agency to administer the provisions of this Chapter consistent with the above stated policy. 88-2602. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: (1) Department means the Department of Public Health of the State of Georgia. (2) Board means the Board of Health of the State of Georgia. (3) Director means the Director of the Department of Public Health of the State of Georgia. (4) Waters or Waters of the State means and includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and all other bodies of surface or underground water, natural or artificial, of this State; (5) Person or Persons means any individual, firm, partnership, corporation, county, municipality, State or other entity.

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88-2603. Powers and duties of the Board of Health; agents and employees . In addition to the powers and duties now vested in and imposed upon the Board by existing laws, the said Board shall have the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this Chapter, and all rules, regulations and orders promulgated thereunder; (2) To establish standards of quality for water that will be distributed in water supply systems; (3) To establish such policies, requirements or standards governing the source, distribution, purification, treatment and storage of water for public or community water supply systems as it deems necessary for the reasonable and proper use thereof in conformity with the intent of this Chapter; (4) To encourage, participate in or conduct studies, investigations, research and demonstrations relating to the quality and purity of waters for public or community water supply systems of the State as it deems advisable and necessary; (5) To issue certificates covering the operation of public or community water supply systems stipulating in each certificate the conditions under which such certificates was issued and to deny, revoke, modify or amend certificates, such denial, revocation, modification or amendment to be made for good cause and after hearing upon at least twenty (20) days notice to the person or persons operating such public or community water supply systems; (6) To make investigations and inspections to insure compliance with this Chapter, rules and regulations issued pursuant thereto and any orders which the Board may adopt or issue; (7) To advise, consult, and cooperate with other agencies of the State, and political subdivisions thereof and, with the approval of the Governor to negotiate and enter into agreements with the governments of other States and the

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United States and their several agencies on water quality matters insofar as said agreements relate to water for public and community water supply systems; (8) To collect and disseminate information relating to quality of the water being furnished by the public and community water supply systems of the State; (9) To adopt promulgate rules and regulations applicable throughout the State governing the installation, use and operation of systems, methods and means for furnishing water to public or community water supply systems as may be determined necessary and such additional rules and regulations governing the procedures of the Board with respect to: (a) the holding of hearings; (b) the filing of reports; (c) the issuance of certificates and orders; (d) and all other matters relating to procedure; and (e) to adopt, amend, modify or revoke any rule or regulation. All such rules and regulations herein authorized shall be consistent with the intent, purposes and provisions of this Chapter. (10) To issue an order or orders directing any particular person or persons to secure within the time specified herein, such operating results as are reasonable and practicable for furnishing water for public or community water supply systems. Such order or orders to be entered only after an opportunity to be heard has been afforded to the person or persons with at least twenty (20) days notice to such person or persons of the time, place and purpose thereof. No order shall become effective in less than twenty (20) days after same has been served on the person or persons affected by mailing a copy thereof to such person or persons at the address given when such person or persons applied for the certificate as provided in this Chapter or at the principal office and place of business in this State of such person or persons. (11) To exercise all incidental powers necessary to carry out the purposes of this Chapter. The above and foregoing powers may be exercised and duties performed by the Board through such duly authorized

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agents and employees as it deems necessary and proper. 88-2604. Board of Health authorized to adopt by-laws, rules and regulations . The Board is authorized to adopt such by-laws, rules and regulations as it deems necessary for the proper conduct of their proceedings in carrying out the duties imposed upon them by this Chapter. 88-2605. Prohibited acts relating to water for water supply systems . It shall be unlawful for any person to erect, construct, enlarge, extend, open, reopen, or operate any public or community water supply system, including storage, distribution, purification treatment facilities or works, without having first secured from the Board approval of: the source of water supply; the means and methods of treating, purifying and storing said water; plans and specifications for the construction of facilities or works; and the operation thereof. 88-2606. Certificates of approval of operation of water supply systems; provisional certificates . (a) Any person or persons in this State using the waters in this State, in the operation of any public or community water supply system, may apply in writing to the Board for a certificate of approval covering the operation of the public or community water supply system involved. Pending the final approval or disapproval of the Board, the applicant shall be issued a provisional certificate. All applications shall be accompanied by such pertinent information as may be required by the Board in rules and regulations adopted and promulgated hereunder such as certified copies of maps, plans and specifications in scope and detail satisfactory to the Board and other relevant information. When such application and pertinent information have been reviewed, found satisfactory and given final approval by the Board, a certificate shall be issued by the said Board. (b) A certificate properly issued by the Board shall remain in effect until amended or revoked. Such amendment or revocation can be made only after determination by the Board or its duly authorized agent that conditions have changed or will change significantly and only after reasonable

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notice has been given in writing to the certificate holder. 88-2607. Information to be furnished by holders of certificates and provisional certificates . (a) Any holder of a provisional certificate whose application is pending final consideration shall upon request of the Board provide such additional information as may be necessary to enable such Board to properly pass upon its application. (b) Any holder of a certificate shall on request of the Board furnish such information reasonably necessary and pertinent as may be required by the Board in the discharge of its duties under this Chapter. 88-2608. Inspections and investigations by agents of the Board . Any agent of the Board shall be permitted access at all reasonable times in or upon any private or public property for the purpose of inspecting and investigating conditions, processes, methods of treatment, and records relating to the furnishing of water to the public, and affecting the quality of such waters of the State; provided, that no person shall be required to disclose any secret formulae, processes, or methods used in any manufacturing operations carried on by him or under his direction or any confidential information concerning business activities carried on by him or under his supervision. 88-2609. Information obtained by Board not admissible in evidence in private actions . Information directly affecting any person obtained by the Board, its agents, director, or employees of the Department of Public Health from studies, surveys, investigations, reports or from other sources as provided in this Chapter shall not be admissible in evidence in any actions at law or equity involving private rights or riparian owners other than the State. 88-2610. Certificate as no defense in civil action; no presumption created by findings of the Board . The fact that any person has held a certificate issued under this Chapter shall not constitute a defense in any action at law or equity involving private rights. A determination by the Board

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that a violation or violations of any of the prohibitions contained in this Chapter, whether or not a proceeding or action may be brought by the State, shall not create by reason thereof any presumptions of law or findings of fact inuring to or for the benefit of persons or riparian owners other than the State. This Chapter is not intended to in any way create, enlarge or abridge existing rights of riparian owners or others. 88-2611. Appeal to superior court; procedure; hearing denovo without jury . Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of the Board directed to such person shall have the right to appeal to the Superior Court of Fulton County or to the superior court of the county of his residence or principal place of business within the State. Such appeal shall be by petition which shall be filed in the Clerk's office of such Court within twenty (20) days after the final order or action of the Board; provided, however, that the enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing Court. Upon the filing of such petition, the petitioner shall serve a copy thereof on the director in a manner prescribed by law for the service of process. The judge shall hear the proceeding de novo, and shall thereupon determine all matters of law and fact without a jury and render his decision approving, setting aside or modifying the order or action appealed from. 88-2612. Attorney General to represent Board or Director in legal actions . It shall be the duty of the Attorney General to represent the Board or the Director or designate some member of his staff to represent them in all actions in connection with this Chapter. 88-2613. Hearing officers appointed by Board; qualifications . The Board is authorized to appoint one or more hearing officers who shall hold hearings on charges of violations of this Chapter or rules and regulations issued pursuant

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hereto and make findings of fact, prepare such orders as may appear necessary and proper and return them to the Board for consideration and action. To qualify as a hearing officer, a person must have been admitted to practice law before the highest court of this State. 88-2614. Emergency orders by Board; immediate effect; hearing . Whenever the Board finds that an emergency exists requiring immediate action to protect the public health, it may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the provisions of Section 88-2611 of this Chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but shall be afforded a hearing as soon as possible. On the basis of such hearing the Board shall continue such order in effect, revoke it or modify it. 88-2615. Application by Director for injunction to prevent public health hazard . Whenever in the judgment of the Director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an immediate public health hazard he may make application to the superior court of the county in which the act or practice has been or is about to be engaged in, for an order enjoining such act or practice, or for an order enforcing compliance with such provisions, and upon a showing by the Director that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 88-2616. Penalty for violation of provisions of Chapter 88-26 or any rule or regulation adopted pursuant thereto . Any person violating any provision of this Chapter or any rule or regulation adopted and promulgated hereunder or failing, neglecting or refusing to comply with any final order of the Board, or a court, lawfully issued as herein provided, shall be guilty of a misdemeanor, and upon conviction, be liable to punishment therefor as provided by law.

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Each day of continued violation after conviction shall constitute a separate offense. 88-2617. Chapter as supplementary to prior laws . The provisions of this Chapter are intended to supplement existing laws and no part thereof shall be construed to repeal any existing laws affecting the powers and duties of the Board of Health or the Department of Public Health, nor repeal any existing laws for the protection of fish, shellfish and game or any provisions of the law governing the pollution of lakes and streams of the State. 88-2618. Board designated as State agency to receive financial aid from Federal Government and other sources . The Board is hereby designated as the State agency to receive and administer financial aid from the Federal Government or other public or non-profit sources for purposes of water quality control or any other purposes relating to the furnishing of water to public or community water supply systems. CHAPTER 88-27 MISCELLANEOUS 88-2701. Board for distribution of unclaimed dead bodies . Professors and demonstrators of anatomy and the deans of medical and dental colleges incorporated under the laws of this State are a Board for the distribution and delivery of dead bodies, hereinafter described, to and among such institutions as are entitled thereto. The Board shall have power to establish rules and regulations for its government and to appoint and remove its officers, and shall keep minutes of its transactions. Records shall be kept, under its direction, of all bodies received and distributed, and of the persons or institutions to whom the same may be distributed, which shall be open at all times to the inspection of members of said Board, and of any solicitor general, or solicitor of any city of county court. 88-2702. Delivery of certain bodies . All public officers of this State and their assistants and all officers and their deputies of every county, city, town, or other municipality

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and of every prison, chain gang, morgue, public hospital, sanatorium or sanitarium (except the Milledgeville State Hospital, which institution shall have authority to perform autopsies on the dead bodies of persons dying as patients in said institution, all in the discretion of the superintendent and medical staff of said institution), having control over any dead human body, not dead from contagious or infectious disease, and required to be buried at public expense, are required to notify the Board of distribution, or such person as may from time to time be designated in writing by said Board, or its duly authorized officer, whenever any such body comes into their possession or control, and shall, without fee or reward, deliver such body and suffer the Board and its duly authorized agents who may comply with the provisions of this Chapter, to remove such body, to be used only within this State, solely for the advancement of medical science; provided, that no such notice shall be given, nor shall any such body be delivered, if any person, claiming to be and satisfying the authorities in charge of said body that he or she is of any degree of kin, or is related by marriage to, or socially or otherwise connected with and interested in the deceased, shall claim the said body for burial, but it shall be at once surrendered to such person for interment, or shall be buried at public expense at the request of such claimant if a relative by blood or a connection by marriage and financially unable to supply such body with burial. 88-2703. Travelers dying suddenly . Such notice shall not be given or such body be delivered if the deceased person was a traveler who died suddenly, in which case said body shall be buried. 88-2704. How long retained . Such body shall in each and every instance be held and kept by the person or persons having charge or control of it at least twenty-four (24) hours after death, before delivery to said board or its agent, during which period notice of the death of such person shall be posted at the courthouse door of the county in which said body is held. 88-2705. Distribution . Said Board, or its duly authorized

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agent, may take such bodies so delivered, and shall upon receiving them, distribute them to and among the aforesaid schools or colleges, for lectures and demonstrations by such schools or collegesthe number assigned to each to be based upon the number of bona fide students in each dissecting or operative surgery class, which number of students shall be reported by the schools or colleges to the Board at such times as it may direct; provided, that said schools or colleges, upon receiving them and before any use is made of them, and without unnecessary mutilation or dissecting, shall cause them to be properly embalmed and carefully preserved and kept for a period of sixty (60) days from the day of their receiption and shall deliver them properly prepared for burial to any persons mentioned and described in this Chapter who shall claim such bodies for burial within or before the expiration of said period of sixty (60) days, and satisfy the officers of said school or college that they are such persons as are under said Chapter entitled to said bodies. If at the expiration of sixty (60) days said bodies have not been claimed for burial, in the manner and by the person or persons herein described, said bodies shall then be used for the purposes specified by said schools or colleges; provided, further, that when said bodies have been so used and are no longer needed or serviceable for the objects herein mentioned, they shall be decently interred by said schools or colleges. 88-2706. Carriage of bodies . The said Board may employ a carrier or carriers for the conveyance of said bodies, which shall be well enclosed in suitable incasements and carefully deposited free from public observation. Said carrier or carriers shall obtain receipts by name, or if the person is unknown, by a description for each body delivered by him, and shall deposit said receipts with the secretary of said Board, who shall record and preserve the same. 88-2707. Bond required of medical school or college . No school or college shall be allowed or permitted to receive any such body or bodies until a bond shall have been given to the Governor and his successors in office, by or in behalf of such school or college by its authorized officers, to be approved by the clerk of the superior court of the county

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in which said school or college is situated, and to be filed in the office of said clerk, which bond shall be in the sum of five thousand dollars ($5,000) conditioned that said body or bodies, which the said school or college shall receive thereafter, shall be used only in the manner specified and solely for the promotion of medical science in this State. Suits thereon shall be in the name of the Governor, the recovery to a be a part of the State treasury. 88-2708. Expenses, how borne . Neither the State, county, municipality, nor officers thereof shall be at any expense by reason of delivery or distribution of bodies; but all expenses thereof shall be borne by those receiving the body as prescribed by the Board. 88-2709. Illegal traffic in human bodies . Whoever shall sell or buy such body as is required by law to be delivered to the Board for the distribution and delivery of dead bodies, or any other dead human body, or in any way traffic in the same, or shall transmit or convey, or procure the transmission or conveyance of same to be done, such body, or any other dead human body, to any place outside of this State for purposes of sale or dissection, shall be punished by imprisonment and labor in the penitentiary not less than one (1) nor more than ten (10) years. 88-2710. Illegal removal of dead body from grave . Whoever shall remove the dead body of a human being from any grave or other place of interment or from any vault, tomb, sepulchre, or from any other place for the purpose of selling or dissecting the same, or from mere wantonness, shall be punished by imprisonment and labor in the penitentiary not less than one (1) nor more than ten (10) years; and any person who shall receive or purchase any dead human body, knowing it to have been so disinterred or removed from any tomb, vault, or sepulcher, or such other place, for the purpose aforesaid, shall receive the punishment as provided in Section 88-2709 hereof. 88-2711. Omission to perform duties as to dead bodies . Any person having duties enjoined upon him by the provisions of Sections 88-2701 to 88-2706, relating to and distribution

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of dead bodies, who shall refuse or omit to perform the same, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. 88-2712. Disinterring by coroner without good grounds . If any person makes affidavit to facts to authorize the coroner to disinter a body, or the coroner does so of his own motion and it is done without good grounds or from malice or mischief, the person so swearing or the coroner so officiating shall be guilty of a misdemeanor. In such cases all circumstances shall go to the coroner's jury, and if they believe there were reasonable grounds for the disinterment at the time it took place, it is their duty to acquit. 88-2713. Approved disinfectant. Embalming defined . An approved disinfectant fluid shall contain not less than five (5) percent formaldehyde gas. The term embalming shall require the injection by a licensed embalmer of not less than ten (10) percent of the weight for bodies of persons dead of communicable diseases, such as smallpox and diphtheria, injected arterially in addition to cavity injection; and in all other cases not less than six (6) percent of the body weight injected arterially in addition to cavity injection. 88-2714. Conflict with authority of Commissioner of Agriculture . Nothing in this law shall repeal or be construed to conflict with any power and authority now vested in the Commissioner of Agriculture, by the laws of the State of Georgia. 88-2715. Abandoning or leaving patients on grounds of psychiatric hospital . It shall be unlawful for any person to abandon or leave any patient on the grounds of any State owned or State operated psychiatric hospital without the permission of the superintendent of said hospital. Any person who shall violate the provisions of this section shall be guilty of a trespass and shall be punished as for a misdemeanor. 88-2716. Loitering or trespassing, driving or riding, on ground of psychiatric hospital . It shall be unlawful for any

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person to loiter about or trespass on the property of any State owned or State operated psychiatric hospital or to drive or ride over the grounds or roads of said hospital property with horses, automobiles, bicycles, motorcycles, or other vehicles, except in accordance with such rules and regulations as may be posted under the authority of the Department of Public Health. Any person who shall violate the provisions of this section shall be guilty of a trespass and shall be punished as for a misdemeanor. CHAPTER 88-99 CRIMES 88-9901. Violation for false representation . Any person who shall make, utter, execute, or submit to the Department of Public Health or to any county board of health any oral or written representation, knowing the same to be false, for the purpose of obtaining anything of value, including any service, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided by law. 88-9902. Violation for impersonation . Any person who shall impersonate or otherwise falsely hold himself out to any other person as an agent of the Department of Public Health or of any county board of health shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided by law. Section 2. The following sections in the Georgia Code of 1933 are hereby repealed, but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or reenacted: 1. Section 35-201 relating to the authorities of the Board of Trustees and the Board of Control of Eleemosynary Institutions with respect to Milledgeville State Hospital. 2. Section 35-206 relating to the discharge of harmless idiots on certain terms and conditions. 3. Section 35-214 relating to subsequent examinations of officers.

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4. Sections 35-215, 35-216, 35-217, and 35-218 relating to the opening of competitive examinations for assistant physicians to women, the conduct of such examinations, their suspension, and the conditions of employment for assistant physicians. 5. Sections 35-219 and 35-220 relating to the appointment, duties, and powers of a marshal at Milledgeville State Hospital. 6. Section 35-225 relating to the division of Milledgeville State Hospital into apartments. 7. Section 35-226 relating to the preferring of Georgia inmates. 8. Sections 35-230 and 35-231 relating to the admission and classification of pay patients at Milledgeville State Hospital. 9. Section 35-235 relating to the discharge of paupers from Milledgeville State Hospital and how they are to be clad. 10. Section 35-238 relating to the temporary disposition of patients. 11. Section 49-611 relating to the confinement of a ward and liability for injuries inflicted by a ward. 12. Section 49-614 relating to the appointment of guardians without trial when the patient is in Milledgeville State Hospital. 13. Section 49-615 relating to the rules governing the appointment of guardians for persons committed to the Milledgeville State Hospital. 14. Section 49-618 relating to other provisions governing guardians of minors applying to guardians appointed under this Chapter. 15. Sections 32-1801 and 32-1802 relating to immunization and quarantine. The following Sections in the Georgia Code of 1933 which have been amended subsequent thereto are hereby repealed,

Page 652

but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised or reenacted: 16. Sections 35-236 and 35-237 as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 321), and as further amended by an Act approved March 3, 1955 (Ga. L. 1955, p. 347), and an Act approved March 9, 1956 (Ga. L. 1956, p. 585) relating to demand for a trial of lunacy by a patient at Milledgeville State Hospital. 17. Section 49-613 as amended by an Act approved February 5, 1952 (Ga. L. 1952, p. 24) relating to the method of payment of the expenses of lunacy proceedings. The following Chapters of the Georgia Code of 1933 and amendments thereto, if any, as indicated are hereby repealed, but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised or reenacted: 18. Chapter 88-1 as amended by an Act approved March 18, 1933 (Ga. L. 1933, p. 7), and as further amended by an Act approved March 27, 1937 (Ga. L. 1937, p. 370), and an Act approved March 2, 1943 (Ga. L. 1943, p. 196), and an Act approved March 20, 1943 (Ga. L. 1943, p. 210), and an Act approved March 27, 1947 (Ga. L. 1947, p. 1170), and an Act approved February 17, 1950 (Ga. L. 1950, p. 344), and an Act approved February 21, 1951 (Ga. L. 1951, p. 478), and an Act approved March 7, 1957 (Ga. L. 1957, p. 209), and an Act approved March 13, 1957 (Ga. L. 1957, p. 615), and an Act approved March 17, 1959 (Ga. L. 1959, p. 374), relating to creation of a Department of Public Health. 19. Chapter 88-2 as amended by an Act approved March 24, 1941 (Ga. L. 1941, p. 317), and as further amended by an Act approved March 20, 1943 (Ga. L. 1943, p. 265), and an Act approved March 20, 1943 (Ga. L. 1943, p. 371), and an Act approved February 17, 1950 (Ga. L. 1950, p. 346), and an Act approved March 17, 1959 (Ga. L. 1959, p. 373) relating to county boards of health. 20. Ga. L. 1917, p. 106 not published in the Georgia Code of 1933 and Chapter 88-3 of said Code as amended by an Act approved March 18, 1933 (Ga. L. 1933, p. 7), and as

Page 653

further amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 329), and an Act approved March 20, 1943 (Ga. L. 1943, p. 371) relating to sanitary districts and district health commissioners. 21. Chapter 88-4 relating to contagious diseases and quarantine. 22. Chapter 88-5 relating to venereal diseases. 23. Chapter 88-6 relating to transportation of dead bodies. 24. Chapter 88-7 relating to distribution of unclaimed dead bodies. 25. Chapter 88-9 relating to correspondence of inmates of private insane asylums. 26. Chapter 88-10 relating to private hospitals and sanitariums. 27. Chapter 32-18 relating to regulations by county and municipal boards of health and isolation and quarantine in infectious cases. 28. Chapter 35-3 as amended by an Act approved March 7, 1957 (Ga. L. 1957, p. 306), and as further amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1101), and an Act approved April 5, 1961 (Ga. L. 1961, p. 465) relating to the management and control of the Georgia Training School for Mental Defectives, the commitment and guardianship of mental defectives, the establishment of a facility for Negro children and the change of name to Gracewood State School and Hospital. 29. Chapter 88-99 as amended by an Act approved March 6, 1941 (Ga. L. 1941, p. 333) relating to certain crimes. The following Acts enacted subsequent to the Georgia Code of 1933 and the amendments as shown to said Acts are hereby repealed, but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised or reenacted: 30. An Act approved February 15, 1950 (Ga. L. 1950, p. 190) relating to rules of the State Board of Health.

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31. An Act approved February 15, 1950 (Ga. L. 1950, p. 222) relating to impersonating health officers. 32. An Act approved February 21, 1951 (Ga. L. 1951, p. 806) as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 403) and as further amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 366), and an Act approved March 7, 1960 (Ga. L. 1960, p. 205) relating to the Georgia Commission on Alcoholism and its transfer to the State Department of Public Health. 33. An Act approved March 27, 1947 (Ga. L. 1947, p. 1174) as amended and codified as Section 49-610.1 through 49-610.7 inclusive of the Georgia Code relating to proceedings for restoration of capacity. 34. An Act approved March 27, 1947 (Ga. L. 1947, p. 306) and codified as Ga. Code Sections 49-620, 49-621 and 49-622, relating to the payment of wages of an employee adjudicated insane to his wife by his employer. 35. Section 3 of an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 524) relating to contributions of funds for upkeep of persons committed to Milledgeville State Hospital. 36. Section 1 of an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 308) relating to periodic examination of inmates to determine return to sanity. 37. An Act approved March 9, 1956 (Ga. L. 1956, p. 728) relating to transfer of persons at the Georgia Training School for Mental Defectives. 38. An Act approved March 9, 1956 (Ga. L. 1956, p. 585) as amended relating to the addition of Code Sections 49-610.8 and 49-610.9 providing for judgments as determination of sanity and notice to ordinary of release from State Hospital and subsequent order by ordinary. 39. An Act approved February 18, 1959 (Ga. L. 1959, p. 74) relating to the power of designated employees of Milledgeville State Hospital to make arrests. 40. An Act approved March 7, 1960 (Ga. L. 1960, p. 794) relating to control of Milledgeville State Hospital.

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41. An Act approved March 17, 1960 (Ga. L. 1960, 837) relating to the observation, treatment, hospitalization, diagnosis and care of mentally ill patients both voluntarily and involuntarily on court order. 42. An Act approved March 26, 1958 (Ga. L. 1958, p. 711) relating to the establishment of a division of mental health. 43. An Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 348) as amended by an Act approved March 7, 1957 (Ga. L. 1957, p. 271) relating to contagious tuberculosis. 44. An Act approved March 30, 1937 (Ga. L. 1937, p. 719) relating to the manufacture of mattresses, bedding, and upholstered furniture. 45. An Act approved March 6, 1961 (Ga. L. 1961, p. 109) relating to aid to counties and municipalities under the Federal Water Pollution Control Act. 46. An Act approved March 25, 1958 (Ga. L. 1958, p. 371) relating to prescribing standards of sanitation for food service establishments. 47. An Act approved February 21, 1951 (Ga. L. 1951, p. 578) relating to governing of sanitation and use of eating and drinking utensils. 48. An Act approved March 29, 1937 (Ga. L. 1937, p. 624) as amended by an Act approved March 9, 1945 (Ga. L. 1945, p. 482) relating to regulation of tourist courts, barbecue stands, and other similar places. 49. An Act approved March 30, 1937 (Ga. L. 1937, p. 625) relating to regulation of tourist courts, barbecue stands, and other similar places. 50. An Act approved February 12, 1938 (Ga. L. 1937-38, p. 353) relating to regulation of tourist camps, road houses, and other similar places. 51. An Act approved March 18, 1943 (Ga. L. 1943, p. 466) relating to regulation of tourist homes, road houses, and other similar places. 52. An Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec.

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Sess., p. 475) relating to regulation of tourist courts and requiring permits therefor. 53. An Act approved February 23, 1955 (Ga. L. 1955, p. 252) relating to midwives. 54. An Act approved March 9, 1945 (Ga. L. 1945, p. 448) relating to the control of rabies. 55. An Act approved March 18, 1943 (Ga. L. 1943, p. 599) relating to serologic tests. 56. An Act approved March 8, 1945 (Ga. L. 1945, p. 236) as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 208), and as further amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 140), and an Act approved February 21, 1955 (Ga. L. 1955, p. 208) and an Act approved March 17, 1959 (Ga. L. 1959, p. 304) and an Act approved March 7, 1961 (Ga. L. 1961, p. 120) and an Act approved March 17, 1960 (Ga. L. 1960, p. 1130) relating to a complete and comprehensive vital statistics law for the State of Georgia. 57. An Act approved March 30, 1943 (Ga. L. 1943, p. 424) as amended by an Act approved February 9, 1949 (Ga. L. 1949, p. 384) and as further amended by an Act approved March 14, 1956 (Ga. L. 1956, p. 791) relating to registration of births and deaths. 58. An Act approved February 12, 1952 (Ga. L. 1952, p. 103) and as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 534) relating to registration of marriages, divorces, and annulments of marriage. 59. An Act approved March 27, 1941 (Ga. L. 1941, p. 241) as amended by an Act approved March 8, 1945 (Ga. L. 1945, p. 349), as further amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 1138), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1141) and an Act approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 103), and an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 450) and an Act approved March 9, 1955 (Ga. L. 1955, p. 618), and an Act approved February 26, 1957 (Ga. L. 1957, p. 116), and an Act approved March 13, 1957 (Ga. L. 1957, p. 485) relating to hospital authorities.

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60. An Act approved February 1, 1946 (Ga. L. 1946, p. 343) as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 322), and as further amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 884), and an Act approved April 5, 1961 (Ga. L. 1961, p. 398) relating to Hospital Advisory Council for Construction, Licensure, and Indigent Care and regulation of hospitals and like institutions. 61. An Act approved April 7, 1961 (Ga. L. 1961, p. 582) relating to eye banks. 62. An Act approved February 7, 1949 (Ga. L. 1949, p. 263) as amended by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 241) and as further amended by an Act approved March 4, 1955 (Ga. L. 1955, p. 410) relating to grants to hospitals and public health centers. 63. An Act approved March 13, 1957 (Ga. L. 1957, p. 470) as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 884) relating to hospital care for the indigent. 64. An Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., pp. 513, 516) relating to State employees contracting tuberculosis in the line of duty. 65. An Act approved March 30, 1937 (Ga. L. 1937, p. 587) relating to the control of cancer. 66. An Act approved February 2, 1949 (Ga. L. 1949, p. 278) relating to cerebral palsy. The following sections, with amendments as indicated, of the Georgia Code of 1933 and the following Acts, enacted subsequent to the Georgia Code of 1933, are hereby repealed, and there is substituted in lieu thereof the sections as shown. In no case or event shall any prior Acts or laws previously repealed be hereby restored, revised or enacted. 67. Section 49-601 of the Georgia Code of 1933 relating to the appointment of guardians for insane and certain other persons. Substituted in lieu thereof: 49-601. For whom guardians may be appointed . The ordinaries of the several counties may appoint guardians for persons who are mentally ill, mentally retarded, or mentally incompetent to the extent that they are incapable of managing their estates.

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68. Section 49-604 of the Georgia Code of 1933, as amended by an Act approved January 26, 1950 (Ga. L. 1950, p. 14) relating to the examination of capacity to manage estates of insane and certain other persons. Substituted in lieu thereof: 49-604. Procedure for appointment of a guardian . Guardians for persons who are mentally ill, mentally retarded, or mentally incompetent, to the extent that they are incapable of managing their estates may be appointed by the several ordinaries as follows: (a) In the case of a person with respect to whom a written application for hospitalization is filed pursuant to Georgia Code Section 88-506, upon the additional allegation in said petition and in the certificate of a physician required by Subsection 88-506 (a) that said person is mentally ill to the extent that he is incapable of managing his estate, and upon like finding being returned unanimously by the examining committee appointed pursuant to Subsection 88-506 (d); provided that no additional cost shall be assessed because of the additional allegation, finding, and order herein provided; (b) In the case of a person who has been involuntarily hospitalized for a period of 30 days or more in a psychiatric hospital as defined in Subsection 88-506 (c) and remains subject to such hospitalization, upon the written application of any person on oath to the court of ordinary of the county of the hospitalized person's residence at the time of his admission to the psychiatric hospital, stating that the applicant believes such hospitalized person to be mentally ill to the extent that he is incapable of managing his estate, such application being accompanied by a certificate of a physician stating that he has examined the hospitalized person in person on a date not more than ten (10) days prior to the application and is of the opinion that such hospitalized person is mentally ill to the extent that he is incapable of managing his estate, said court of ordinary shall take jurisdiction. Ten (10) days written notice of the application shall be given by the court of ordinary as provided in Subsection 88-506 (b). The court of ordinary shall direct an order to the superintendent as defined in Subsection 88-501 (e) of the psychiatric

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hospital in which the hospitalized person is involuntarily hospitalized directing him to examine or cause to be examined the hospitalized person in person and to return to the court on or before a day certain his written certificate of opinion as to whether or not such hospitalized person is mentally ill to the extent that he is incapable of managing his estate. If such superintendent's opinion is to the effect that the hospitalized person is not mentally ill to the extent that he is incapable of managing his estate, the court of ordinary shall dismiss the application forthwith. If such superintendent's opinion is to the effect that the hospitalized person is mentally ill to the extent that he is incapable of managing his estate, the court of ordinary shall enter an order appointing a guardian of the person or property or both of such hospitalized person. The persons named in Subsection 88-506 (j) shall have the rights of appeal as provided in said Subsection from the order of the court of ordinary denying said application or appointing a guardian. Costs of the hearing shall be governed by the applicable provisions of Section 88-520 provided that such superintendent shall not receive a fee for the certificate required herein; (c) In the case of a person for whom another person desires the appointment of a guardian but not an order of hospitalization, upon application pursuant to Subsection 88-506 (a) and upon allegation that the person is mentally incompetent, resulting from mental illness or other causes, and is incapable of managing his estate, with physician's certificate to like effect being attached to such application, the court of ordinary of the county in which the allegedly mentally incompetent person is found shall take jurisdiction. Thereafter, the provisions of Section 88-506 shall govern the procedure for appointment of a guardian of the person or property or both of such person and appeal therefrom except that the court of ordinary shall not order the allegedly mentally incompetent persons hospitalized. Guardians of persons mentally incompetent due to illness or other causes are authorized to arrange for a suitable place for their custody, care, treatment, or hospitalization in a humane manner, or to place them in the care of the Department of Health, if such a course shall be necessary in the interest of the welfare

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of such person or the welfare of others of the community in which such person resides. 69. Section 49-605 of the Georgia Code of 1933, as amended by an Act approved February 15, 1952 (Ga. L. 1952, p. 165) relating to the return of the lunacy commission and the appointment of a guardian. Substituted in lieu thereof: 49-605. Notice to ordinary of discharge from psychiatric hospital; subsequent order by ordinary; procedure for termination of guardianship when ward is not hospitalized or if ward is restored to mental health to the extent he can manage his estate but remains hospitalized. (a) In the case of a person involuntarily hospitalized in a psychiatric hospital as defined in Subsection 88-501 (c) for whom a guardian has been appointed, within thirty (30) days from the date of receipt of a copy of notice of discharge as provided in Section 88-511 or Subsection 88-512(a) or Subsection 88-513(a) or (b) by the court of ordinary which appointed such guardian, said court of ordinary shall enter an order declaring such person no longer mentally ill to the extent that he is incapable of managing his estate, and the guardian of such person shall forthwith deliver over to such person his property, money and effects. (b) Any person who has been restored to mental health to the extent that he is capable of managing his estate after having had a guardian appointed for his person or property may, personally or by attorney, petition the ordinary of the county in Georgia where such person legally resides, setting forth the facts and praying for a judgment terminating the guardianship. Such petition may be brought even though such person is still subject to an order of hospitalization in any psychiatric hospital within the control of the Department of Health. Such petition shall be accompanied by a certificate of a physician stating that he has examined such person in person and is of the opinion that such person is no longer mentally ill to the extent that he is incapable of managing his estate. Thereafter, upon notice to the guardian and the three (3) nearest adult relatives of such person residing within the State as defined in Subsection 88-506(b),

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a hearing shall be set on the issue of whether such person is no longer mentally ill to the extent that he is incapable of managing his estate according to the procedures in Section 88-506, and the court of ordinary shall enter its order either denying or granting such petition, with further rights of appeal from the order of the court of ordinary as provided in Subsection 88-506(j) and with costs as provided in Section 88-520. 70. Section 49-606 of the Georgia Code of 1933 relating to the appeal to the superior court after the order of the court of ordinary appointing a guardian. Substituted in lieu thereof: 49-606. Validity of prior guardianships and hospitalization orders . No guardianship or hospitalization in a psychiatric hospital as defined in Subsection 88-501(c), lawful before the date of enactment of this Chapter, shall be deemed unlawful because of the enactment of this Chapter and any such guardianship or hospitalization order shall continue subject to the provisions for discharge from hospitalization pursuant to Chapter 88-5 and subject to provisions for termination of guardianship as provided in Section 49-605. It is the intent of this Section that from the enactment of this Title all orders respecting the hospitalization or guardianship of the mentally ill shall be governed by the provisions of Georgia Code Chapter 88-5, or this Chapter respectively, but that no new proceedings need be instituted for the continuation of guardianship or hospitalization pursuant to laws existing prior to the enactment of this Title. 71. Section 49-607 of the Georgia Code of 1933 relating to the requisites for the filing of a second application for guardianship. Substituted in lieu thereof: 49-607. Second application: requisites . When one (1) application for guardianship pursuant to Section 49-604 hereof shall have failed upon the merits, the court of ordinary shall not take jurisdiction of a second application for the appointment of a guardian pursuant to Section 49-604, unless the application shall be verified by at least three (3) respectable disinterested neighbors, in addition to the oath of the applicant.

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72. Section 49-608 of the Georgia Code of 1933 relating to witnesses before the lunacy commission. Substituted in lieu thereof: 49-608. Other provisions same as for guardians of minors . All the provisions in this Chapter 49-6 as now or hereafter enacted, as to the settlements of guardians of minors, their resignations, letters of dismission, and distribution of the estates of deceased wards shall apply to guardians appointed under this Chapter 49-6 as now or hereinafter enacted. Section 3. There is hereby enacted a section of the Georgia Code, said section to read as follows: 73. 49-609. Wages of involuntarily hospitalized man; payment to wife; exemption from garnishment; proof by wife; release of employer . It shall be lawful upon the involuntary hospitalization pursuant to Code Chapter 88-5 of any person employed by any person, firm, partnership, governmental unit, or public or private corporation doing business in this State, hereinafter called employer, who may have wages due him by said employer and who may have a wife with whom he was living at the time of the order of involuntary hospitalization pursuant to Georgia Code Chapter 88-5 to pay so much of said wages as exceed any amount due said employer to said wife, and said funds to the amount of any amount due said employee after the order of involuntary hospitalization shall be exempt from any and all process of garnishment. Such employer is hereby required to pay over said funds on the demand of said wife upon satisfactory proof that she is the wife of said person involuntarily hospitalized and was living with him at the time of the order of involuntary hospitalization. Said employer paying over said funds as aforesaid shall be protected and released from all claims whatever against said funds by any guardian of said involuntary hospitalized employee or the creditors of said employee or other claims that may be brought against said funds. Section 4. The following Acts enacted subsequent to the Georgia Code of 1933 are hereby repealed and there is substituted in lieu thereof the following new sections, as shown,

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in the Georgia Code. In no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or enacted. 74. An Act approved March 24, 1933 (Ga. L. 1933, p. 178) relating to lunacy commission in certain counties and its compensation. Substituted in lieu thereof: 49-610. Examining Committee in certain counties . In any county where there shall be no physician and no attorney in the county the committee provided for in Section 49-604 and Section 88-506(d) may be a committee of six reputable persons, one of whom shall be a physician licensed to practice medicine under the Georgia Medical Practice Act (Georgia Code Chapter 84-9) and the remaining five (5) shall be qualified jurors of the county not related to any person at interest in said cause, shall be appointed. Said committee shall make an examination and make a report of its findings in the same manner provided in Section 49-604 and Section 88-506(d). Thereafter the provisions of Section 49-604 shall be followed. If no physician is available, an examining committee of six (6) reputable persons who are residents of the county and qualified jurors thereof shall be appointed and shall have the powers and duties as the examining committee in Section 49-604 and Section 88-506(d). 75. 49-611. Compensation; how paid . The ordinary shall draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of the hearing provided for in Section 49-610 in the same sum or sums as provided for in Chapter 88-5, Section 88-520 except that the members qualified as jurors of the county shall be paid the same as paid for traverse jury duty in the county of hearing. Section 5. Section 49-619 of the Georgia Code of 1933 relating to bonds for titles by guardians for insane persons is hereby repealed, but in no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or reenacted. Section 6. Section 32-911 of the Georgia Code of 1933 as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 206, 207) and an Act approved March 14, 1957 (Ga. L.

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1957, pp. 455, 456) relating to immunization of pupils of public schools is hereby repealed and there is substituted in lieu thereof: Section 32-911. Immunization of pupils of public schools . The board of education of each county or other local school system may make such rules and regulations as in its judgment shall be deemed requisite to insure vaccination and immunization of the pupils in their respective schools for the control of contagious disease and may require all pupils to be so treated as a prerequisite to admission to their respective schools. Provided, however, that in the absence of an epidemic or immediate threat thereof, this Section shall not apply to any pupil whose parent or guardian objects thereto in writing on the grounds that such immunization conflicts with the religious tenets and practices of a well recognized religious denomination, whose teachings include reliance on prayer or spiritual means alone for healing, of which he is an adherent or member. In no case or event shall any prior Acts or laws previously repealed be hereby restored, revised, or reenacted. Section 7. 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 8. Except as to the provisions relating to the appointment of the members of the Board of Health this Act shall become effective on July 1, 1964. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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AID TO PERMANENTLY DISABLED ACT AMENDED. No. 940 (House Bill No. 732). An Act to amend an Act entitled, An Act to establish a program of assistance to the totally and permanently disabled and to define eligibility requirements and other terms and to provide for the administration of said program by the State and county departments of public welfare., approved February 4, 1952 (Ga. L. 1952, p. 15), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 368), an Act approved March 6, 1962 (Ga. L. 1962, p. 592), and by an Act approved April 12, 1963 (Ga. L. 1963, p. 581), so as to change the provisions relating to eligibility for assistance; 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 establish a program of assistance to the totally and permanently disabled and to define eligibility requirements and other terms and to provide for the administration of said program by the State and county departments of public welfare., approved February 4, 1952 (Ga. L. 1952, p. 15), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 368), an Act approved March 6, 1962 (Ga. L. 1962, p. 592), and by an Act approved April 12, 1963 (Ga. L. 1963, p. 581), is hereby amended by striking subsection (c) of section 2 in its entirety and inserting in lieu thereof a new subsection (c) of section 2 to read as follows: `(c) Has not sufficient income or other resources to provide a subsistence compatible with decency and health.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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STATE HOSPITAL AUTHORITY ACT AMENDED. No. 941 (House Bill No. 741). An Act to amend an Act known as the State Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and an Act approved January 30, 1946 (Ga. L. 1946, p. 56), an Act approved February 1, 1951 (Ga. L. 1951, p. 22), and an Act approved January 28, 1960 (Ga. L. 1960, p. 48), to increase the amount of bonds the authority may issue to a sum not to exceed the total sum of thirty five million dollars and to extend the maximum maturity date from thirty years to forty years; 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 Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 6, 1941 (Ga. L. 1941, p. 250), and an Act approved January 30, 1946 (Ga. L. 1946, p. 56), an Act approved February 1, 1951 (Ga. L. 1951, p. 22), and an Act approved January 28, 1960 (Ga. L. 1960, p. 48), is hereby amended by striking from section 5 the following: in a sum not to exceed the total sum of twenty million dollars, and substituting in lieu thereof the following: in a sum not to exceed the total sum of thirty five million dollars, and also by striking from section 5 the following: shall mature at such time or times not exceeding thirty years from their date or dates and substituting in lieu thereof the following: shall 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. Revenue bonds .The authority, or the authority created under the Act of the General Assembly of 1941, approved February 6th, 1941, appearing on pp. 250-253 inclusive, of the Acts of 1941, or any authority which has or which may in the future succeed to the powers, duties

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and liabilities vested in the authority created in the Act here sought to be amended 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 addition to those which have already been issued by said authority, in a sum not to exceed the total sum of thirty five million dollars, of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects under or for any department or agency of the State of Georgia. 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 payable semi-annually, shall 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. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although

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at the date of such bonds such persons may not have been so authorized or shall not have held such office. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registation of any coupon bond as to principal alone and also as to both principal and interest. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the authority. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and shall be disbursed upon requisition or order of the chairman of the authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or projects, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed (the amount required for the purpose for which such bonds are issued), the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the

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happenings of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects at any one institution. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 944 (House Bill No. 844). An Act to amend an Act creating the Teachers Retirement System of Georgia, Ga. L. 1943, p. 640, as subsequently amended, so as to provide a limitation upon reestablishment of membership after having withdrawn contributions; to provide the Board of Trustees with authority to allow creditable service for military service rendered after attendance at an educational institution under specified conditions; to provide for return of contributions sixty days after last compensation; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Teachers Retirement System of Georgia, Ga. L. 1943, p. 640, as subsequently amended, particularly by Ga. L. 1947, p. 1494, 1952, p. 254, 1953, (Jan.-Feb. Sess.) p. 270, 1953, (Nov.-Dec. Sess.) p. 394, 1959, p. 319, 1960, p. 1116, 1961, p. 388, is hereby further amended by striking the comma after the word

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time in the fifth sentence of sub-section (4) of section 3 and inserting the words after January 1, 1961, so that said sub-section, when amended, shall read: (4) The membership of any member shall terminate if he dies, retires under this retirement system, or withdraws his contributions, or if in a period of three consecutive years after becoming a member he renders less than one year of service, or if after he becomes a member he is employed by an employer operating a local retirement fund. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than two years but not more than three years, such member may be reinstated to membership if he shall pay a sum equal to 12 1/2 per cent of his salary for his last year of service. If any member who has not withdrawn his contributions to the retirement system has a break in service of more than three years but not more than four years, such member may be reinstated to membership if he shall pay a sum equal to 25 per cent. of his salary for his last year of service. All interest credits shall cease after any such break in service, but shall begin again on the date of the payment of the sum provided above. Any member having withdrawn his contributions, not more than one time after January 1, 1961, may, after five years active service as a contributing member, re-establish such membership service as represented by the withdrawn contributions upon his payment back into the fund, a sum equal to the amount withdrawn plus three and one-half per cent. interest for each year or portion thereof from the time withdrawn. Notwithstanding the foregoing, the board of trustees may continue the membership of a member while in the armed forces of the United States or other emergency wartime service of the United States approved in advance by the board of trustees, or if he ceases to be a member by reason of illness preventing him from rendering service for as much as one year in a period of three consecutive years, or if the failure of such teacher to render service for the required time is due to absence on maternity leave. The membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of a child or children by said teacher. All members whose membership prior hereto

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has terminated due to such cause are hereby declared to be reinstated and entitled to all the prior service credits and other rights as though this law were in effect at the date of such withdrawal from service. No benefit under the retirement system other than the payment of the contributions of such a teacher with allowable interest credits shall become payable to him or on his account while he is not in service as a teacher and no contribution, shall be made to his system by the State or other employer by reason of his service during any such time, except as herein otherwise provided. A leave of absence shall be limited to not more than three years for each child adopted. Anything in this Chapter to the contrary notwithstanding the provisions of this paragraph with reference to break in service, reinstatement of membership and payment of funds into the retirement system, shall apply to any member who has retired and has lost prior service credits prior to the enactment of the law approved February 27, 1953 and each such retirant shall be allowed the prior service credits under the conditions set forth in this paragraph and the retirement allowance shall be adjusted in accordance therewith. Reestablishment of membership. Section 2. Said Act is further amended, particularly subsection (7) of section 5, by inserting after the word request, in the first sentence, the words sixty days from the date he is paid his last compensation as a teacher, so that said subsection (7) of section 5, when amended shall read: (7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request, sixty days from the date he is paid his last compensation as a teacher, with no interest credits thereon if he has less than five years of membership service or with three-quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than 15 years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has 15 years or more membership service. If a member dies, the amount of his accumulated contributions, with interest credits thereon,

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according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise, to the member's estate. Return of contributions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 945 (House Bill No. 846). An Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, so as to exempt from the taxes imposed by said Act sugar used as food for honey bees kept for the commercial production of honey, beeswax and honey bees; to exempt the sale of cattle, hogs, sheep, horses, poultry and bees when sold for breeding purposes; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby further amended by adding to section 3(c) 2 thereof the following subparagraphs, to be designated subparagraphs (r) and (s): (r) Sugar used as food for honey bees kept for the commercial production of honey, beeswax and honey bees, provided the Commissioner's prior approval is obtained. Exempt transactions. (s) The tax levied by this Act shall not apply to the

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sale of cattle, hogs, sheep, horses, poultry or bees when sold for breeding purposes. Section 2. The provisions of this Act shall become effective March 1, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. USE OF CORPORAL PUNISHMENT IN SCHOOLS. No. 948 (House Bill No. 1005). An Act authorizing area, county, and independent boards of education to adopt policies relating to the use of corporal punishment; to provide for the supervised use of corporal punishment by principals and teachers in area, county and independent school systems where authorized by the board of education of such system; and to limit the liability of principals and teachers administering corporal punishment in accordance with the provisions of this Act; to repeal conflicting laws; and for other purposes. Whereas, the relationship between teacher and pupil in the public school systems of Georgia requires that the teachers be in loco parentis to pupils during such time as the pupils are under their care and supervision, and Whereas, such in loco parentis relationship between teacher and pupil may in some instances make corporal punishment desirable in order for the teacher to effectively assert parental authority and maintain proper control and discipline over his pupils. Be it enacted by the General Assembly of Georgia: Section 1. All area, county and independent boards of education shall be authorized to determine and adopt policies

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and regulations relating to the use of corporal punishment by school principals and teachers employed by such area, county and independent boards. Authorized. Section 2. Where so authorized by an area, county or independent board of education, any principal or teacher employed by the board, in order to maintain proper control and discipline over pupils placed under his care and supervision, may, in the exercise of his sound discretion, administer corporal punishment on any such pupil or pupils, provided, however, that such corporal punishment shall not be excessive or unduly severe, and provided further that corporal punishment shall be administered only in the presence of one other principal or teacher employed by the area, county or independent board so authorizing corporal punishment hereunder. Use, etc. Section 3. No principal or teacher who shall administer corporal punishment to a pupil or pupils unders his care and supervision in conformity with the policies and regulations of the area, county or independent board of education employing him and in accordance also with the provisions of this Act, shall, where the corporal punishment is administered in good faith and is not excessive or unduly severe, be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment. Civil and criminal liability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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WORKMEN'S COMPENSATIONEMPLOYEES OF SCHOOL BOARDS IN COUNTIES HAVING LESS 300,000 POPULATION. Code 114-101 Amended. No. 952 (House Bill No. 1046). An Act to amend Code section 114-101 relating to the definition of the term employer and employee for purposes of Workmen's Compensation, as amended, so as to authorize boards of education in counties having a population of less than 300,000, according to the United States decennial census of 1960 or any future United States decennial census, to provide Workmen's Compensation coverage for its employees; 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 114-101 relating to the definition of the term employer and employee for purposes of Workmen's Compensation, as amended, is hereby amended by adding at the end of said Code section a new paragraph to read as follows: In all counties having a population of less than 300,000, according to the United States decennial census of 1960 or any future United States decennial census, the county boards of education of such counties are hereby authorized to provide Workmen's Compensation insurance coverage on the employees of any such county boards of education. Before any board of education can provide any such insurance coverage, it shall adopt an appropriate resolution, at any public meeting of the board, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution any such board of education shall be deemed to be an employer within the meaning of the laws relating to and governing Workmen's Compensation in Georgia.,

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so that when so amended said Code section 114-101 shall read as follows: 114-101. `Employer' and `employee' defined .`Employer' shall include the State of Georgia and all departments thereof, each county within the State, any municipal corporation within the State and any political division thereof, any individual, firm, association or corporation engaged in any business operated for gain or profit, except as hereinafter provided, and the receiver or trustee of the same, any electric membership corporation organized under Chapter 34A of the Code of Georgia or other cooperative corporation engaged in rural electrification, including electric refrigeration cooperatives, any telephone cooperative organized under Chapter 104-3, or other cooperative or nonprofit corporation engaged in furnishing telephone service, and the legal representative of a deceased employer, using the service of another for pay. If the employer is insured, this term shall include his insurer as far as applicable. `Employee' shall include every person in the service of another under any contract of hire or apprenticeship, written or implied, except one whose employment is not in the usual course of the trade, business, occupation or profession of the employer and, except as hereinafter provided, minors are included even though working in violation of any child labor law or other similar statute: Provided, that nothing herein contained shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, when the employee is dead, include also his legal representatives, dependents and other persons to whom compensation may be payable, pursuant to the provisions of this law. All firemen and policemen whose compensation is paid by the State or any county or municipality, regardless of the method of appointment or employment, are hereby specifically included herein. In every county in the State of Georgia having a population of 300,000 or more according to the present or any future United States census, the term `employee' shall include all political divisions of the State of Georgia, including school districts and any other area whose management

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and operation for educational purposes is under the control and direction of the county board of education of such county. In all counties having a population of less than 300,000, according to the United States decennial census of 1960 or any future United States decennial census, the county boards of education of such counties are hereby authorized to provide Workmen's Compensation insurance coverage on the employees of any such county boards of education. Before any board of education can provide any such insurance coverage, it shall adopt an appropriate resolution, at any public meeting of the board, setting forth the procedure for furnishing and maintaining such insurance coverage. From the date of the adoption of such resolution any such board of education shall be deemed to be an employer within the meaning of the laws relating to and governing Workmen's Compensation in Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. BOND OF STATE SUPERINTENDENT OF SCHOOLS. Code 32-503 Amended. No. 953 (House Bill No. 1067). An Act to amend Code section 32-503, relating to the bond and oath of the State Superintendent of Schools, so as to increase the bond; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 32-503, relating to the bond and oath of the State Superintendent of Schools, is hereby amended by striking from the first sentence of Code section

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32-503 the figure 10,000 and inserting in lieu thereof the figure 50,000 so that when so amended Code section 32-503 shall read as follows: 32-503 . Upon entering upon the discharge of his official duties, the State Superintendent of Schools shall give bond in the penal sum of $50,000 to the State, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended, and that he will faithfully perform the duties enjoined upon him by law. He shall take and subscribe an oath to diligently and faithfully discharge the duties of his office. The bond, with certified indorsement thereon, shall be filed with the Secretary of State, and the premium charged for said bond shall be paid out of the treasury of the State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA ART COMMISSION. No. 954 (House Bill No. 1076). An Act to create the Georgia Art Commission; to provide for purposes; to provide for the composition of the Commission; to provide for appointments, terms, qualification and disqualification of members; to provide for definitions; to provide for an annual report; to repeal an Act creating an Art Commission for the State of Georgia, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 356); to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. It is the purpose of this Act to create a Georgia Art Commission composed of capable, representative members from the field of art and aesthetics to advise the State on art and aesthetic matters, including but not limited to, painting, sculptures, murals, tablets, and monuments which are the property of the State, the design and visual appearance of State buildings and grounds, and the appearance of highways and parks as they contribute to the Visual Image of Georgia, and to advise the State on ways and means to promote the development of the arts in Georgia. Intent. Section 2. There is hereby created the Georgia Art Commission to be composed of ten members, all of whom shall be appointed by the Governor. One member shall be appointed from the Georgia Council of the American Institute of Architects from a list of three nominees from the governing body of such organization; one member from the Georgia Chapter of the American Society of Landscape Architects from a list of three nominees from the governing body of such organization; one member from the Association of Georgia Artists from a list of three nominees from the governing body of such organization; one member from the Association of Georgia Designer-Craftsmen from a list of three nominees from the governing body of such organization; one member from the Department of Art of the University of Georgia or other art unit of the University System of Georgia which grants a degree in art; one member from major art museums in Georgia selected from nominees submitted by such museums; and one member from the Department of Landscape Architecture of the University of Georgia; one member from a privately supported institution of higher learning offering an accredited program in the visual arts, selected from nominees submitted by such institutions; and two members from the State at large. The members of the Commission shall be persons who, by virtue of their experience and training, are capable of making professional judgments in the field of the arts. Created, members, etc.

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Section 3. The first members shall be appointed by the Governor so that the terms of five of the members expire December 31, 1966, and so that the terms of the other four members expire December 31, 1968. The members appointed initially shall assume office on May 1, 1964. The organizations who are to furnish lists of nominees shall do so on or before April 1, 1964. Successors to these and to future members shall be appointed by the Governor during the month of December of the year in which terms expire and such members shall have five year terms and shall take office on the first day of January following their appointment. The organizations furnishing lists of nominees shall do so on or before the first day of November of the year of the expiration of terms. Terms, etc. Section 4. Any member of the Commission who shall be employed by the State to execute a work of art or structure of any kind requiring submission to the Commission, or who shall take part in a competition for such work of art or structure shall be disqualified from voting thereon. In the event a vacancy occurs on the Commission, the Governor shall appoint a person to serve the unexpired term and such person shall be appointed from the category in which the vacancy occurs. The members of the Commission shall elect a Chairman and such other officers as deemed advisable and shall adopt procedures for the operation of the Commission. The members of the Commission shall receive no compensation for their services but shall be reimbursed for actual expenses incurred by them while attending meetings of the Commission and while traveling to and from such meetings. Chairman, etc. Section 5. The Commission shall advise the Governor and other State officials concerning works of art becoming the property of the State whether by gift, purchase or otherwise, and shall render advice on the location, disposition and evaluation of works of art. It shall review any or all of the presently owned works of art and make recommendations as to the relocation, removal, restoration, evaluation and disposition of such works of art. It shall make recommendations relative to encouraging and promoting the arts and art organizations in Georgia. It shall devote regular

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attention to the Visual Image of Georgia as it appears to the public, and make recommendations for protecting, preserving and improving the Visual Image of Georgia for the mutual benefit of the citizens of this State and its visitors. Duties. Section 6. As used in this Act the term works of art shall apply to all paintings, mural decorations, stained glass, sculptures, tablets, and monuments of permanent character intended for ornament or commemoration. As used in this Act the term Visual Image of Georgia shall mean the appearance of the visual assets of Georgia, its public parks, its roads and highways, its vistas, and its historic and geographic places. Definitions. Section 7. The Commission shall prepare and present an annual report to the Governor, to the members of the General Assembly, and to such others as it deems advisable, of its proceedings and actions, which report shall contain the recommendations of the Commission relative to the status of art objects owned by the State, ways and means in which the State can promote the arts in Georgia, the protection and promotion of the natural and man-made beauty of Georgia, and the improvement of the Visual Image of Georgia. The Commission shall also propose a budget which it feels will enable it to perform its duties and functions hereunder and will provide for the implementation of the recommendations contained in the annual report. Annual reports, etc. Section 8. The Commission is hereby authorized to receive and accept gifts, grants, donations and bequests for the purpose of carrying out the provisions of this Act. Until such time as the General Assembly provides additional appropriations for the Commission, the Governor is authorized to provide funds for the Commission from whatever funds are available. Gifts. Section 9. An Act creating an Art Commission for the State of Georgia, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 356), is repealed effective at the time the initial members of the Commission created herein

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assume office and the Art Commission created under the aforesaid Act shall stand abolished at that time. 1953 Act repealed. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GENERAL APPROPRIATIONS ACT AMENDEDPROGRAM FOR MENTALLY RETARDED BLIND CHILDREN. No. 955 (House Bill No. 1081). An Act to amend an Act known as the General Appropriations Act, approved April 2, 1963 (Ga. L. 1963, p. 224), so as to provide that the Board of Education, with the approval of the Budget Bureau, may use a certain amount of educational funds for the purpose of establishing a program for mentally retarded, educable, blind children; 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 2, 1963 (Ga. L. 1963, p. 224), is hereby amended by adding in section 18 after the following: 1963-64 $184,175,500.00 1964-65 $194,601,000.00, a new paragraph to read as follows: Provided, however, that the State Board of Education, with the approval of the Budget Bureau, may use an amount of the above appropriation not to exceed $25,000.00 per annum for the purpose of establishing a program for mentally retarded, educable, blind children under rules and regulations to be established by the Board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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ACT CREATING EMERITUS OFFICES AMENDED. No. 956 (House Bill No. 1083). An Act to amend an Act creating Emeritus offices for certain State officials, approved March 7, 1957 (Ga. L. 1957, p. 206), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 602), so as to provide that any person becoming such a State official after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed to any Emeritus position under said 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. An Act creating Emeritus offices for certain State officials, approved March 7, 1957 (Ga. L. 1957, p. 206), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 602), is hereby amended by adding at the end of section 1 a new paragraph to read as follows: The provisions of this or any other law to the contrary notwithstanding, any person becoming State Treasurer after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed State Treasurer Emeritus; any person becoming State School Superintendent after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed State School Superintendent Emeritus; any person becoming Comptroller General after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Comptroller General Emeritus; any person becoming Secretary of State after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Secretary of State Emeritus; any person becoming Attorney General after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Attorney General Emeritus; any person becoming Commissioner of Labor after April 1, 1964, shall be

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a member of the Employees' Retirement System and shall not be eligible to be appointed Commissioner of Labor Emeritus; any person becoming Commissioner of Agriculture after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Commissioner of Agriculture Emeritus; any person becoming a Public Service Commissioner after April 1, 1964, shall be a member of the Employees' Retirement System and shall not be eligible to be appointed Public Service Commissioner Emeritus. The prohibition against appointment to any of said Emeritus positions shall not apply to any person holding any of said State offices on April 1, 1964. Not applicable to future officers. Provided, however, that the provisions of this Act, and of any amendatory Acts thereto, shall not be applicable to any judge of the superior court or any judge of the superior courts emeritus. Section 2. This Act shall become effective April 1, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 AMENDEDPAY AND ALLOWANCES. No. 963 (House Bill No. 1123). An Act to amend the Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, so as to clarify certain allowances for members of the militia ordered into active service in the state; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Military Forces Reorganization Act of 1955, approved February 2, 1955 (Ga. L. 1955, p. 10), as amended, is hereby amended by striking from subsections a., b., and c. of section 75 the following: quarters allowance and substituting in lieu thereof the following: allowances, so that when so amended, subsections a., b., and c. shall read as follows: Section 75. Pay and Allowances . a. Each member of the militia ordered into the active service of the State pursuant to Sections 7 and 10 of this Act shall receive for each day of such duty the same pay and allowances received by members of the appropriate force of the armed forces of the United States of corresponding grade, rating and length of service. b. Pay and allowances for each day of special duty provided for in subsection b, section 32 of this Act shall be the same as the pay and allowances prescribed for members of the appropriate force of the armed forces of the United States of corresponding grade, rating and length of service. c. In addition to the pay and allowances provided for members of the militia under the provisions of subsections a and b of this section, such members shall also receive necessary travel expenses, where authorized. Section 2. All laws and parts of laws in conflict with this are hereby repealed. Approved March 18, 1964.

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ACT PROVIDING FOR SYSTEM OF JUNIOR COLLEGES AMENDED. No. 967 (House Bill No. 1180). An Act to amend an Act providing for a system of junior colleges in this State approved February 20, 1958 (Ga. L. 1958, p. 47), so as to repeal section 4 of said Act requiring approval by the Board of Regents prior to the establishment of a junior college or colleges; to repeal section 5 of said law, and to substitute in lieu thereof a new section to provide for the payment by the Board of Regents to any local operating authority which shall have established and commenced construction of a junior college under the provisions of the Act prior to January 1, 1964, for each full-time equivalent student, the sum of $300.00 per year; to repeal section 7 of said Act and to substitute in lieu thereof a new section providing that the sums to be paid under said Act shall be the only direct financial contribution which the State shall make toward the establishment and maintenance of any junior college under the terms of this Act; to repeal in its entirety section 8A of said Act; to provide that the provisions of this Act shall not repeal nor amend the provisions of Georgia Laws 1956, page 100, granting the right of eminent domain to certain educational systems for public school purposes and public education programs which are now or may be hereafter authorized by law; to provide for the renumbering of sections of Georgia Laws of 1958, page 47, as amended by this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a system of junior colleges in this State, approved February 20, 1958 (Ga. L. 1958, p. 47), is hereby amended by striking section 4 of said Act, which reads as follows: Section 4. Prior to the establishment of a junior college or colleges under the terms of this Act, the local operating authority shall receive the approval of the Board of

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Regents. The Board of Regents shall have complete authority to approve or disapprove the establishment of a junior college or colleges under the terms of this Act, and shall have authority to prescribe all the minimum standards which shall prevail in the establishment and operation of such institution or institutions. If any junior college or colleges shall have been established by a local operating authority prior to the approval of this Act, such junior college or colleges may be operated under the provisions of this Act upon the approval of such operation by the Board of Regents., Repealed. in its entirety. Section 2. Said Act is further amended by striking section 5 of said Act in its entirety and substituting in lieu thereof a new section to read as follows: Section 5. There shall be paid to every local operating authority which shall have established a junior college or colleges under the provisions of this Act, and upon which construction has commenced prior to January 1, 1964, and which is not operated as a unit of the University System of Georgia under the Board of Regents, the sum of $300.00 per nine-month academic year for each full-time equivalent student as determined by the Board of Regents annually for teaching, instruction and maintenance purposes. Payment from State. Section 3. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section to read as follows: Section 7. The sum provided for in section 4 of this Act shall be the only direct financial contribution which the State shall make toward the establishment, maintenance, and operation of any junior college or colleges established under the terms of this Act. Intent. Section 4. Said Act is further amended by striking section 8A of said Act, which reads as follows: Section 8A. The Board of Regents may cease operation of any school established under this Act at any time

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said board desires and thereafter no funds shall be payable to the local operating authority., Repealed. in its entirety. Section 5. Said Act is further amended by adding a new section as renumbered hereinafter, Section 8 as follows: Section 8. Nothing contained in this Act shall repeal nor amend any of the provisions of the Act authorizing and empowering County Boards of Education and certain independent and public school systems to condemn private property for school purposes, and for any public educational program which is now or may be hereafter authorized by law, approved February 16, 1956 (Ga. L. 1956, p. 100). Intent. Section 6. After the approval of this amendment, certain sections of the Act providing for a system of junior colleges (Ga. L. 1958, p. 47), shall be renumbered as follows: Section 5 of the original Act shall become section 4; section 6 of the original Act shall become section 5; section 7 of the original Act shall become section 6; section 8 of the original Act shall become section 7. Sections, renumbered. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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STATE AND COUNTY OFFICERSREMOVAL UPON FINAL CONVICTION OF FELONY. Code 89-505 Enacted. No. 977 (Senate Bill No. 4). An Act to amend Code Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, so as to provide a procedure for removing any State or county officer from office upon final conviction of a felony; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 89-5 of the Code of Georgia, relating to vacancies and resignations of public officers, is hereby amended by adding thereto a new section to be known as 89-505 and to read as follows: 89-505 . Upon final conviction of a felony, the office of any State or county officer shall be vacated instanter without further action. Said vacancy shall be filled in the manner provided by law for filling vacancies in such office caused by death or resignation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. BANKS AND BANKINGINVESTIGATION FEE. Code 13-904 Amended. No. 978 (Senate Bill No. 71). An Act to amend Code section 13-904, relating to applications for bank charters, as amended by an Act approved February 21, 1955 (Ga. L. 1955, p. 201), so as to change the fee paid by applicants; 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 13-904, relating to applications for bank charters, as amended by an Act approved February 21, 1955 (Ga. L. 1955, p. 201), is hereby amended by striking the figure $250 as it appears in the last paragraph and inserting in lieu thereof the figure $350.00, so that when so amended said Code section shall read as follows: 13-904. Information to be furnished Superintendent by applicants : When such application has been referred to the Superintendent of Banks he shall call upon the applicants for a statement, showing: (1) The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each. (2) The names of the stockholders who shall be directors for the first year of the incorporation of said bank. (3) How and when it is proposed that the capital stock shall be paid in. (4) When it is proposed that such bank shall commence business. (5) Such other information as may be desired by the Superintendent of Banks. Which statement it shall be the duty of said applicants to furnish upon request of said Superintendent. Such statement shall be accompanied by an examination and investigation fee of $350.00 to be paid by the applicants: Provided, that this fee shall not apply to applications for renewal of charters. The Superintendent shall conduct no examination or investigation and shall issue no certificate of approval or disapproval unless such fee is paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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SENATORIAL DISTRICTSDIVISION LINE BETWEEN 26TH AND 27TH DISTRICTS. Code 47-102 Amended. No. 979 (Senate Bill No. 172). An Act to amend Code section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct., p. 7), so as to change the division line in Bibb County between the 26th and 27th Senatorial Districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct., p. 7), is hereby amended by striking in their entirety those paragraphs describing the 26th and 27th Senatorial Districts and substituting in lieu thereof the following: 26. That portion of Bibb County, more particularly described as follows: All that portion of Bibb County lying east and north of a line commencing at a point on the center line of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston County Line; thence extending northeasterly along the center line of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the center lines of Broadway and Edgewood Avenue; thence extending northwesterly along the center line of Edgewood Avenue to the center line of Linden Avenue; thence extending northeasterly along the center line of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the center line of Frank's Alley; thence extending northeasterly along the center line of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the center line of Northwest Boundary Street; thence extending northeasterly along the

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center line of Northwest Boundary Street and along an extension thereof northeasterly across Riverside Drive and Riverside Cemetery to the center of the Ocmulgee River; thence extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the center line of North Forest Avenue; thence extending southwesterly along said extension of said North Forest Avenue and then along the center line of North Forest Avenue to the center line of Riverside Drive; thence extending northwesterly along the center line of Riverside Drive to the center line of Ingleside Avenue; thence extending southwesterly and then westerly along the center line of Ingleside Avenue to the center line of Ridge Avenue; thence extending northwesterly along the center line of Ridge Avenue to the center line of Tyrone Boulevard; thence extending southwesterly along the center line of Tyrone Boulevard to the center line of Vineville Avenue; thence extending northwesterly along the center line of Vineville Avenue and then along the center line of Forsyth Road to the Bibb-Monroe County Line. 27. That portion of Bibb County, more particularly described as follows: All that portion of Bibb County lying west and south of a line commencing at a point on the center line of Houston Road (U. S. Highway 41) at the Bibb-Peach-Houston County Line; thence extending northeasterly along the center line of Houston Road, then of Houston Avenue and then of Broadway to the intersection of the center lines of Broadway and Edgewood Avenue; thence extending northwesterly along the center line of Edgewood Avenue to the center line of Linden Avenue; thence extending northeasterly along the center line of Linden Avenue and along an extension thereof northeasterly across the Central of Georgia Railroad right-of-way to the center line Frank's Alley; thence extending northeasterly along the center line of Frank's Alley and then along an extension thereof northeasterly across Hardeman Avenue to the center line of Northwest Boundary Street; thence extending northeasterly along the center line of Northwest Boundary Street and along an extension thereof northeasterly across Riverside

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Drive and Riverside Cemetery to the center of the Ocmulgee River; thence extending along the center of said Ocmulgee River in a generally northerly direction to a point on an extension northeasterly of the center line of North Forest Avenue; thence extending southwesterly along said extension of said North Forest Avenue and then along the center line of North Forest Avenue to the center line of Riverside Drive; thence extending northwesterly along the center line of Riverside Drive to the center line of Ingleside Avenue; thence extending southwesterly and then westerly along the center line of Ingleside Avenue to the center line of Ridge Avenue; thence extending northwesterly along the center line of Ridge Avenue to the center line of Tyrone Boulevard; thence extending southwesterly along the center line of Tyrone Boulevard to the center line of Vineville Avenue; thence extending northwesterly along the center line of Vineville Avenue and then along the center line of Forsyth Road to the Bibb-Monroe County Line. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. SUPERVISOR OF PURCHASESCONSTRUCTION OR PUBLIC WORKS CONTRACTS. No. 980 (Senate Bill No. 176). An Act to amend an Act entitled An Act to amend Chapter 40-19 of the 1933 Code known as the chapter creating the Supervisor of Purchases within the Executive Department by amending Section 40-1901 changing the amount of salary therein and by amending Section 40-1902 of said chapter known as duties of Supervisor of Purchases by striking said section in its entirety and inserting in lieu thereof other sections; prescribing the duties and authority of the Supervisor of Purchases, prohibiting any interference with the printing of the reports

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of the Supreme Court and the Court of Appeals as defined in 90-2 of the 1933 Code of Georgia, creating a State Purchasing Board prescribing its duties and powers, requiring departments, institutions and agencies of the State to furnish estimates and inventories of supplies, materials and equipment needed to the Supervisor of Purchases as and when requested to do so; requiring compilation and consolidation of estimates and inventories by the Supervisor of Purchases; authorizing the purchase by contract under sealed bids after proper advertisement of supplies, materials and equipment needed by the different departments, boards and institutions of State; providing the ways in which contracts shall be advertised and let; authorizing the requirement of bonds or certified checks to accompany bids by the seller; prescribing the manner in which bids shall be opened; requiring the Supervisor of Purchases to certify source of supplies and the contract price to the different institutions, agents and departments of State; requiring requisitions to be made by the departments of State upon the Supervisor of Purchases for needed supplies, materials and equipment; authorizing the purchase of perishable goods, technical instruments and minor supplies by the different departments, institutions and agencies of State; and providing the manner in which said purchase shall be made; providing for the purchase in open market of necessary emergency supplies, materials and equipment; making contracts entered into other than as herein provided void; providing for the use of Georgia products when and where practicable; providing for the adoption, modification or abrogation of rules and regulations to execute the terms of this Act; making it unlawful for interested parties, employees, assistants or members of the State Purchasing Board to give or accept anything of value to induce or prevent a contract under this Act; to fix penalties for violations of this Act; to authorize the Supervisor of Purchases to appoint clerical help, assistants and employees and fix their salaries; requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available; to provide a saving clause;

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and to provide for the repeal of all laws in conflict with this Act, and for other purposes., approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, so as to provide that certain construction or public works contracts entered into by the various branches and agencies of the state government shall be conducted and negotiated by the Supervisor of Purchases; to provide the procedure connected therewith; to provide for certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend Chapter 40-19 of the 1933 Code known as the chapter creating the Supervisor of Purchases within the Executive Department by amending section 40-1901 changing the amount of salary therein and by amending section 40-1902 of said chapter known as duties of Supervisor of Purchases by striking said section in its entirety and inserting in lieu thereof other sections; prescribing the duties and authority of the Supervisor of Purchases, prohibiting any interference with the printing of the reports of the Supreme Court and the Court of Appeals as defined in 90-2 of the 1933 Code of Georgia, creating a State Purchasing Board prescribing its duties and powers, requiring departments, institutions, and agencies of the State to furnish estimates and inventories of supplies, materials and equipment needed to the Supervisor of Purchases as and when requested to do so; requiring compilation and consolidation of estimates and inventories by the Supervisor of Purchases; authorizing the purchase by contract under sealed bids after proper advertisement of supplies, materials and equipment needed by the different departments, boards and institutions of State; providing the ways in which contracts shall be advertised and let; authorizing the requirement of bonds or certified checks to accompany bids by the seller; prescribing the manner in which bids shall be opened; requiring the Supervisor of Purchases to certify source of supplies and the contract price to the different institutions, agents and departments of State; requiring requisition to be made by the Departments of State upon the Supervisor of Purchases for needed supplies, materials and equipment; authorizing

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the purchase of perishable goods, technical instruments and minor supplies by the different departments, institutions and agencies of State; and providing the manner in which said purchase shall be made; providing for the purchase in open market of necessary emergency supplies, materials and equipment; making contracts entered into other than as herein provided void; providing for the use of Georgia products when and where practicable; providing for the adoption, modification or abrogation of rules and regulations to execute the terms of this Act; making it unlawful for interested parties, employees, assistants or members of the State Purchasing Board to give or accept anything of value to induce or prevent a contract under this Act; to fix penalties for violations of this Act; to authorize the Supervisor of Purchases to appoint clerical help, assistants and employees and fix their salaries; requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available; to provide a saving clause; and to provide for the repeal of all laws in conflict with this Act, and for other purposes., approved March 29, 1937 (Ga. L. 1937, p. 503), as amended, is hereby amended by adding between sections 13 and 14 a new section to be numbered section 13A and to read as follows: Section 13A. Notwithstanding any other provision of this Act, or any other Act or any other Act or Code section dealing with the subject matter contained herein to the contrary, all construction or public works contracts, exceeding a total expenditure of $500.00, of any department, board, bureau, commission, office or agency of the state government, except as herein provided, shall be conducted and negotiated by the Supervisor of Purchases in accordance with the provisions of this Act. All advertising costs incurred in connection with said contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which said contract is negotiated. The Supervisor of Purchases is hereby authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon him by this Section. Nothing contained in this Section

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shall apply to nor affect the State Highway Department, the several public authorities of this state, including the Stone Mountain Memorial Association, and the Board of Regents of the University System of Georgia, the expenditure of money credited to the account of this State in the Unemployment Trust Fund by the Secretary of the United States of America pursuant to section 903 of the Social Security Act and appropriated as provided in section 9 of the Employment Security Law, as amended. Provided that any contract presently in existence shall not be affected by this section and such contract may continue to be utilized. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. PRACTICE AND PROCEDUREEXCEPTIONS TO REPORTS OF AUDITORS. Code 10-301 Amended. No. 981 (Senate Bill No. 178). An Act to amend Code section 10-301, relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, so as to provide for the manner of having the time for filing such exceptions extended; to provide for the procedure connected therewith; to provide that said exceptions need not set out therein portions of the record in the case nor the evidence reported by the auditor; to provide that it shall not be necessary that the grounds of such exceptions be complete in themselves; to provide that it shall be sufficient if such exceptions shall point out by title and paragraph number such part of the pleadings excepted to; to provide for the content of the exceptions as relates to designation of parts of the auditor's report and parts of the evidence as are necessary to an understanding of the errors complained

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of; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 10-301, relating to the time for filing exceptions to reports of auditors and to the content of such exceptions, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 10-301 to read as follows: 10-301. Time for filing; specification of errors .Within 20 days after the report is filed and such notice given, either party may file exceptions, to be separately classified as `exceptions of law' and `exceptions of fact'. (a) The trial judge may, in his discretion, on application of any party and without notice to the other party or parties, grant and issue an order extending the time for filing exceptions to an auditor's report. Such extensions shall be freely granted in cases involving complicated facts or accounts, or complicated issues of law, or lengthy records, so as to allow adequate time for preparation of exceptions thereto. All applications or petitions for such extensions of time must be made before the expiration of the period of time for filing exceptions as originally prescribed or as extended by previous order of the court. The order granting any such extension of time shall be promptly filed with the clerk of the trial court who shall promptly give notice thereof to all other parties involved in the case. (b) Exceptions to auditors' reports need not set out therein portions of the record in the original case nor of the auditor's report, nor of the evidence reported by the auditor. It shall not be necessary that the grounds of any such exceptions be complete in themselves. It shall be sufficient, for purposes of this section, if such exceptions shall point out by title and paragraph number such part of the pleadings, by page number such part of the auditor's report and such parts of the evidence reported by the auditor as are necessary to an understanding of the errors complained of.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA STATE SCHOLARSHIP COMMISSION. No. 982 (Senate Bill No. 190). An Act to create the Georgia State Scholarship Commission; to authorize and empower the Commission to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to pursue a program of study in the paramedical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine; to prescribe the terms and conditions for the granting of such scholarships; to prescribe the membership and officers of the Commission; to provide the appointment or election of said members and officers and their terms of office; to provide for an Executive Director and prescribe his authority and duties; to provide for the filling of vacancies on the Commission; to provide for meetings of the Commission and establish a quorum requirement for the transaction of business; to prescribe the duties of the Commission; to authorize the appointment of subcommittees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees and for the Executive Director; to authorize and empower the Commission to formulate proper and necessary rules and regulations to carry out the scholarship program, to determine eligibility for scholarships, to determine the amount of such scholarships, to establish the method of payment of scholarship funds to the recipients, to establish terms and conditions for renewal of scholarships, and to prepare and submit to the Governor and General Assembly an annual report of the activities of the Commission; to provide for the making of contracts between

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the Commission and the recipients of scholarships; 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. Creation of State Scholarship Commission There is hereby created a Commission to be known as the Georgia State Scholarship Commission, which is authorized and empowered to grant scholarships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other professional and educational fields of study as approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine. Section 2. Terms and Conditions of Scholarships The terms and conditions governing the scholarships shall be prescribed and formulated by the State Scholarship Commission, but shall include the condition that each recipient, upon completion of his course of study, shall repay his scholarship as follows: (1) by practicing his profession in a community in Georgia in need of personnel in the field in which he was trained, for one year for each year the scholarship is financed; or (2) when approved by the Commission, in cash with interest at the rate of (4%) per cent per annum, said interest to accrue from the date each payment is made. Section 3. Members of the Commission The State Scholarship Commission, hereby created, shall be composed of eleven (11) members, one (1) from each Congressional District and one (1) from the state at large, to be appointed by the Governor and confirmed by the Senate. Six (6) members of the Commission shall constitute a quorum for the transaction of business. Section 4. Terms of members of the Commission For the initial appointments hereunder, four (4) members shall be appointed for terms of five (5) years each; four (4) members shall be appointed for terms of six (6) years each;

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and three (3) members shall be appointed for terms of seven (7) years each. Thereafter, all appointments shall be for seven (7) years each. Section 5. Officers of the Commission The officers of the Commission shall consist of a Chairman, Vice Chairman and Executive Director. The Chairman and Vice Chairman shall be elected by the Commission from its membership. Members of the Commission shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be whosoever is serving as the Executive Secretary of the Board of Regents of the University System of Georgia. He shall execute and file with the Commission a surety bond in the sum of twenty-five thousand ($25,000.00) dollars payable to the State of Georgia and conditioned upon the faithful performance of his duties. The premium on such bond shall be paid out of funds of the Commission. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full, complete and permanent minutes and records of all proceedings and actions of the Commission and subcommittees. He shall be authorized and empowered to operate and carry out the objectives and details of the program. He shall serve without further remuneration. He shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act. Section 6. Vacancies in office Vacancies for any cause shall be filled by the Governor for the remainder of the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim. Section 7. Meetings The Commission shall meet at least once in each fiscal year and may meet at such other times as the Chairman may designate by giving at least five (5) days notice.

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Section 8. Duties of the Commission In accordance with the provisions of this Act, the Commission shall formulate all rules and regulations necessary for the efficient and effective conduct of the scholarship program; prepare and supervise the issuance of public information concerning the provisions of this Act; prescribe the form and regulate the submission of applications for scholarships; conduct any conferences and interviews with applicants which may be appropriate or necessary; determine the eligibility of applicants; provide for and conduct, or cause to be conducted, all examinations of applicants; select the best qualified applicants; allow or disallow all applications for scholarships, or renewal of scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and to manage, operate and control all funds appropriated for this purpose. It shall be the further duty of the Commission to approve the community or site of employment selected by recipients who wish to repay their scholarships in services after the need for such services has been established by a full investigation by the Commission. (a) Eligibility for Scholarship An applicant may be eligible for the award of a scholarship when the following conditions are met: (1) that he is a bona fide resident of Georgia; (2) that he is a person of good moral character; (3) that he has successfully completed the program of instruction prerequisite for admission to the program of study provided for in this Act and has been accepted for admission to an educational institution approved by the Commission; (4) that his financial resources are such that, in the absence of scholarship aid, he will be unable to pursue the program of study which he desires;

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(5) that he has superior capacity to profit by the course of study for which he seeks aid. In determining an applicant's superior capacity to profit by the course of study he desires, the Commission shall consider his previous scholastic record; the results of examinations conducted under the provisions of this Act; and the results of interviews and such other tests or examinations which the Commission may deem advisable. In establishing an applicant's financial need, the Commission shall conduct a thorough and complete investigation of the financial resources of the applicant and his family. (b) Amount of Scholarship The amount of each scholarship grant shall be made in accordance with the average cost of the program of study at accredited and recognized institutions. (c) Payment of Scholarship Grants .The method of payment of funds to each recipient of a scholarship grant shall be in accordance with rules formulated by the Commission governing the grants for each type of scholarship. (d) Renewal of Scholarships Each scholarship is renewable annually for the number of years required to complete the course of study in which the recipient is engaged. The Commission shall grant such an annual renewal only upon the recipient's application and upon the Commission's finding that (1) the recipient has completed successfully the work of the preceding year and presents evidence that he is a student in good standing; (2) he remains a resident of Georgia; and (3) his financial situation continues to warrant the award of a scholarship under the standards set forth in this Act. (e) Annual report of the Commission The Commission shall make an annual report to the Governor and General Assembly on the activities of the State Scholarship Commission. This report shall include the names of the recipients of the scholarships, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget

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requesting the funds necessary for the operation of the Commission. The report shall also include an accounting of repayments of scholarships, whether by services or in cash at four (4%) per cent interest. Section 9. Contracts Each applicant, before being granted a scholarship, shall enter into a contract with the State Scholarship Commission agreeing to the terms and conditions upon which the scholarship shall be granted to him which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney General of the State of Georgia and shall be signed by the Chairman of the Commission, countersigned by the Executive Director and shall be signed by the applicant. For the purposes of this Act, the disabilities of minority age of all applicants granted scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract as though the said applicant were at least twenty-one (21) years of age. The Commission is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the Commission on any contract. The Commission shall have authority to cancel any contract made between it and any recipient of a scholarship upon cause deemed sufficient by the Commission. Section 10. (a) For budgetary and appropriation purposes the Commission shall specify the various classifications of purposes for which scholarships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated that the appropriation to the Commission shall be in an amount for each such classification. Budget and Appropriation. (b) Payment of funds to Commission All payments of funds appropriated for scholarships hereunder shall be made by requisition of the Commission signed by the Executive

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Director directed to the State Budget Officer who shall thereupon issue a warrant on the Treasury of the State of Georgia for the amount fixed in the requisition and payable to the Executive Director as designated thereon, which said warrant upon presentation shall be paid by the Treasurer of the State of Georgia out of any funds appropriated by the General Assembly for the purposes provided for in this Act. (c) Deposit and Expenditure of funds by the Commission All funds made available to the Commission by Act of the General Assembly for the payment of scholarships to recipients, and for the purpose of defraying expenses of the Commission and the salaries of the Executive Director and employees shall be paid over and received by the Treasurer of the Commission and by him deposited in some solvent bank within the State of Georgia, selected by the Commission, and such funds may be drawn and expended by check or warrant signed by the Chairman and attested by the Executive Director. Section 11. Georgia State Scholarship Commission, when appointed The members of the Georgia State Scholarship Commission created by this Act shall be appointed by the Governor on or before December 1, 1964, and they shall assume the duties of their office on January 1, 1965. Section 12. Effective date The provisions of this Act shall not become effective unless a Constitutional Amendment creating the Georgia State Scholarship Commission is ratified by the people at the General Election in 1964. In the event such amendment is ratified, the members of the Commission shall be appointed as provided in said Act, and such Commission and the Act creating such Commission shall become effective on July 1, 1965. Provided, however, the Governor shall appoint the Commission created by such Act on or before July 1, 1965. Section 13. Repealer All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST. No. 983 (Senate Bill No. 191). An Act to require the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes; to require such digest to be re-established from time to time; to provide a method and manner for establishing such digest; to provide for submission of certain information to the State Auditor by the State Revenue Commissioner; to authorize use of certain personnel and firms for the purposes of this Act; to provide for minimum qualifications and standards for employment and use of such personnel and firms; to provide for annual submission of certain digest information to the State Board of Education, and to others; to provide for arbitration of disputes arising under provisions of this Act, and for selection, oath, qualifications and compensation of arbitrators, and finality of their decision; to provide for payment of costs of arbitration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The State Auditor shall establish, no later than February 1, 1965 and each year thereafter, an equalized adjusted school property tax digest for each county in the State and for the State as a whole for the preceding calendar year, excluding therefrom all real and personal property exempted from taxation for school purposes, in the following manner: Duty to establish. (a) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for shcool purposes and exclusive of public utility property shown on the county public utility property tax digest. Procedure. (b) Divide the sum of the locally assessed valuation of

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the county property tax assessment digest by the ratio of assessed value to true value of such property established by the State Auditor in accordance with provisions of subparagraph (e) of this section. (c) Determine the sum of the assessed valuation of the county public utility property tax digest certified to the State Revenue Commissioner for the preceding calendar year and divide said sum by the equalization ratio for such year established by the State Revenue Commissioner for the purpose of assessing public utility properties throughout the State. (d) The total of the sums obtained through the calculations prescribed in subparagraphs (b) and (c) of this section shall be known as the equalized adjusted school property tax digest of the county for the preceding calendar year, and the sum of the equalized adjusted school property tax digest of all counties of the State combined shall be known as the equalized adjusted school property tax digest for the State as a whole. (e) Establish, no later than January 15, 1965, and thereafter as provided herein, for each county in the State, the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding public utility property, by establishing the ratio of assess value to sales price for a representative number of parcels of real property, title to which was transferred during a preceding period of time to be determined by the State Auditor, and the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The State Auditor is authorized to supplement realty sales price data available in any county with such other creditable realty value data as may be available or obtainable by the State Auditor, to include actual appraisals of real properties located in the county, and is authorized to use such value data along with realty sales price data in establishing the average ratio of assessed value to true value applicable to such county property and the equalized adjusted school property tax digest of the county. To the extent that the number of usable sales transactions

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available for study by the State Auditor in any county is not, in the opinion of the State Auditor, sufficient in and of itself to provide a sound basis for establishment of a correct average ratio of assessed value to true value applicable to such county property, the State Auditor shall obtain and use such other value data, including appraisals, as may be necessary to enable him to establish a correct average ratio of assessed value to true value for taxable property located in the county. Section 2. The sum of the locally assessed valuation of the county property tax assessment digest of each county for the preceding calendar year, the sum of the assessed valuation of the county public utility property tax digest of each county for the preceding calendar year, and the equalization ratio for the several counties established by the State Revenue Commissioner for the purpose of assessing public utility properties throughout the State for the preceding calendar year shall, from time to time and for the purposes of subparagraphs (a), (b) and (c) of section 1 of this Act be certified to the State Auditor by the State Revenue Commissioner upon request of the State Auditor. Certification by State Revenue Commissioner. Section 3. The average ratio of assessed value to true value of county property to be established by the State Auditor for the purposes of subparagraph (e) of section 1 of this Act shall be established through the use of personnel or property appraisal firms qualified to perform such services and in accordance with generally accepted scientific procedures used uniformly throughout the State so as to assure uniformity of criteria for valuation of properties throughout the State. The State Auditor is authorized to employ or contract with such personnel and property appraisal firms for performance of the services required by this Act. In order to be qualified to perform services required by this Act, such personnel or appraisal firm shall be required to meet the minimum qualifications and standards established by the State Revenue Commissioner for firms submitting bids on property re-valuation and equalization programs conducted pursuant to provisions of an Act providing Aid to Counties for Property Valuation Programs. (Ga. L. 1963, p. 419 et seq.). Use of appraisal firms.

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Section 4. The average ratio of assessed value to true value determined as provided above for each county shall be used as provided for in this Act until such time as the State Auditor shall, in his discretion, direct that a new ratio be determined for a particular county, provided, however, that a new ratio shall be determined for every county in the State at least once every five years after January 15, 1965. The State Revenue Commissioner shall, when examining the various county digests submitted to him under the provisions of Code section 92-7002, advise the State Auditor of any digest which reflects an increase or decrease of 5% or more over the previous year's digest. Whereupon it shall be the duty of the State Auditor, in accordance with the procedures prescribed herein, to determine a new ratio for such county. Use of ratio, etc. Section 5. The State Auditor shall, on or before February 1, 1965 and each year thereafter, furnish to the State Board of Education the sum of the equalized adjusted school property tax digest of each county in the State for the preceding calendar year, and the sum of the equalized adjusted school property tax digest for the State as a whole, determined in accordance with provisions of this Act. As to those counties which have more than one school system located therein, the State Auditor shall furnish the State Board of Education a breakdown of the county equalized adjusted school property tax digest showing the amount thereof applicable to property located within each of the school systems located within the county. The State Auditor shall, at the same time, furnish the governing authority of each county and each municipality having an independent shcool system, and the local board of education of each county and each independent school system, the sum of the equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the equalized adjusted school property tax digest for the State as a whole. Provided further that in counties that have more than one school system, the sum of the equalized adjusted school property tax digest for each system in said county shall be furnished each system. Use by State Board of Education, etc. Section 6. The governing authority of the several counties

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of the several municipalities having independent school systems, and the local board of education of each county or area school district and the independent school system shall, if feeling themselves or their constituents or patrons aggrieved, have a right, upon request made within thirty (30) days after receipt of such digest information, to refer the question of correctness of the sum of the equalized adjusted school property tax digest of the county or independent school system area to a board of arbitrators consisting of three members, one to be chosen by the State Auditor, one to be chosen by the governing authority or local board of education requesting such arbitration, and one to be chosen within 15 days thereafter by the other two members of the board. In the event the two arbitrators cannot agree to the third man, the judge of the judicial circuit where the county is located, shall appoint said third man upon petition of either party with notice to opposite party. Said board of arbitrators or a majority thereof shall, within thirty (30) days after appointment of the full board, render their decision upon the correctness of the sum of the digest in question and the extent and manner in which the sum of such digest should be corrected if correction of the same is required, and said decision shall be final. The State Auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report the same to the parties entitled to receive such information under provisions of Section 5 of this Act. The members of boards of arbitration shall take and subscribe to an oath before the State Auditor to faithfully and impartially perform the duties required of them in connection with the controversy concerning the correctness of the sum of the digest in question, and to render their decision thereon within the time required. The members of the board of arbitration shall be paid a sum not to exceed $100 per day for services rendered. All costs of arbitration of matters arising under provisions of this Act shall be shared and paid equally by the State Auditor and by the governing authority or local board of education requesting such arbitration. Arbitration, etc. Section 7. The provisions of this Act shall become effective immediately.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL. No. 984 (Senate Bill No. 198). An Act creating the Georgia Educational Improvement Council and providing for appointment of members thereof; to provide for terms of members; to provide for ex-officio members; to define the purpose and function of the Council; to provide for organization and meetings of the Council; to provide for office space, and for employment of staff and consultants needed from funds made available to the Council; to provide for payment of per diem and reimbursement for expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. To assure continued Statewide interest in a motivational force for the continued improvement of educational opportunities in Georgia, there is hereby created the Georgia Educational Improvement Council which shall be composed of twelve (12) members, two (2) of whom shall not have voting rights. The members are as follows: The Chairman of the State Board of Education, the Chairman of the State Board of Regents, the Chairman of the Education Committee of the House of Representatives, the Chairman of the Educational Matters Committee of the Senate, the State Superintendent of Schools, the Chancellor of the University System of Georgia, and six influential and respected citizens from the State at large who have demonstrated knowledge of and interest in the educational opportunities of and the long-range educational problems confronting the State of Georgia and its citizens, to be appointed by the Governor for a four year term, except that initially two persons shall be appointed for one (1) year

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terms, two persons for two (2) year terms, one person for a three (3) year term, and one person for a four (4) year term, each of said initial terms to date from July 1, 1964. Council members appointed from the public at large shall hold office for the term of their appointment and until their successors are appointed and qualify, and shall be eligible for reappointment. The State Superintendent of Schools and the Chancellor of the University System of Georgia shall have no voting rights. Created. Section 2. It shall be the purpose and function of the Council to study the constantly changing long-range educational needs in Georgia at all levels of education in Georgia and to advise, assist and cooperate closely with the Governor, the General Assembly, the State Board of Education, the State Board of Regents, and other appropriate agencies, both public and private, in developing plans and programs for meeting these educational needs, and the public educational institutions and agencies in Georgia and such public educational bodies shall cooperate and work with the Council and provide the Council, upon request, such information and assistance as may be practicable and helpful to the Council in performing its purpose and function. Purpose, etc. Section 3. The Council shall hold its first meeting as soon as practicable after formation and upon the call of the temporary chairman to be appointed by the Governor, and shall, at its first meeting elect a chairman, and proceed to organize itself in such manner as shall best be conducive to the accomplishment of its purpose and function. The Council shall meet at such regular times as it shall prescribe and upon call of the chairman or upon request to the chairman of a majority of the members of the Council. Officers, meetings, etc. Section 4. The Governor shall provide the Council with such office space as may be necessary for the Council to perform its purposes and functions and the Council shall be authorized to employ such staff and consultants as may be reasonably necessary to carry out the purposes and functions of the Council from such funds as may be made available to the Council. Appointive members of the Council, and the members of the Council from the General Assembly,

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shall be entitled to receive per diem of twenty ($20.00) dollars for every day traveling to and from and in attendance at meetings or functions of the Council, plus reimbursement for actual expenses necessarily incurred therewith. The other members of the Council shall not be entitled to receive per diem but shall be entitled to receive reimbursement for actual expenses necessarily incurred in connection with attendance at meetings or functions of the Council. Provided, nevertheless, that the funds for the Georgia Educational Improvement Council shall be such only as are appropriated by separate line item by the General Assembly of Georgia based upon a budget request of such Council. In the event that any member of the Council is an officer or employee of any other branch of State Government he shall be compensated from the funds appropriated for the operation of that branch of which he is an employee or member. When such member is so compensated out of funds other than those appropriated to the Council, the Department or Agency paying such compensation shall notify the Budget Director and the State Treasurer and the appropriation of said Council shall be reduced in a like amount. Office space, per diem, etc. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. TIME FOR FILING PETITION FOR CHANGE OF PERMANENT ALIMONY. No. 985 (Senate Bill No. 275). An Act to amend an Act authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 94), so as to provide the time within which petitions may be filed; 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 authorizing the judgment of a court providing permanent alimony to be revised upon petition by the wife or husband alleging a change in the husband's income and financial status, approved March 9, 1955 (Ga. L. 1955, p. 630), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 94), is hereby amended by striking from section 1 the following, No petition may be filed under this Act within a period of two years from the date of the filing of a previous petition under this Act., and inserting in lieu thereof the following, No petition may be filed by the wife under this Act within a period of two years from the date of the filing of a previous petition by the wife under this Act. No petition may be filed by the husband under this Act within a period of two years from the date of the filing of a previous petition by the husband under this Act., so that when so amended section 1 shall read as follows: Section 1. The judgment of a court providing permanent alimony for the support of a wife or child or children, or both, shall be subject to revision upon petition filed by either the husband or the wife showing a change in the income and financial status of the husband. Such petition shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. Such petition shall be filed in the same county in which the original judgment was granted. No petition may be filed by the wife under this Act within a period of two years from the date of the filing of a previous petition by the wife under this Act. No petition may be filed by the husband under this Act within a period of two years from the date of the filing of a previous petition by the husband under this Act. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded, may modify and revise the previous judgment so as to provide for the wife or child or children, or both, in accordance with the changed income and financial status of the husband, if such a change in the income and financial status of the husband is satisfactorily proved, so as to warrant such modification and revision. In the hearing upon a petition filed as provided herein,

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testimony may be given and evidence introduced relative to the income and financial status of the wife. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. REVENUEDISTRIBUTION OF INTANGIBLE PROPERTY TAX. No. 986 (Senate Bill No. 280). An Act to amend an Act entitled An Act to classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the superior court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part or application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes., approved December 27, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 156), as amended, so as to provide that the distribution of the revenue derived from the taxation of intangible personal property

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shall be distributed on the basis of the previous taxable year's millage rate; 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 classify property for taxation; to levy taxes on certain classes of intangible personal property; to provide that no taxes shall be levied on these particular classes of intangible personal property other than those levied by this Act; to provide for the return, ascertainment, assessment and collection of these taxes and the distribution of the proceeds; to provide for exemptions; to provide penalties for the violation of this Act; to provide the purposes for which the proceeds may be spent; to require bonds in injunction suits; to require certain persons to furnish information to aid in the enforcement of this Act; to authorize proceedings in the superior court to obtain information for the enforcement of this Act; to conditionally commute taxes levied but not collected prior to 1938; to provide that the failure to return any bond or note shall be a complete defense to any suit on the same; to provide limitations upon proceedings to collect taxes levied prior to 1938 against intangible property; to make appropriations for administration; to declare that if any part or application of the Act shall be adjudged to be invalid such judgment shall not affect the remainder of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes., approved December 27, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 156), as amended, is hereby amended by adding at the end of section 11 the following paragraph: Provided further, commencing with the tax year 1964 and for each year thereafter, the millage rates used in the distributions of revenue under the provisions of this section shall be based upon the immediately preceding year's millage rate of each participating taxing authority as provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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GEORGIA SCIENCE AND TECHNOLOGY COMMISSION. No. 987 (Senate Bill No. 283). An Act to create the Georgia Science and Technology Commission; to provide for the members thereof; to provide for terms, compensation, duties and powers; to provide for officers; to provide for personnel; to provide for committees; to provide for funds; to repeal the Resolution creating the Georgia Nuclear Advisory Commission approved February 15, 1957 (Ga. L. 1957, p. 60), so as to abolish said Georgia Nuclear Advisory Commission; to provide for an effective date; to repeal conflicting laws; and for other purposes. Whereas, the State of Georgia is in a period of impressive industrial development and enjoys opportunities for unprecedented achievements in the immediate future; and Whereas, it is readily apparent that Georgia must play a greater role in the national program of space exploration and other areas of science and technology; and Whereas, it is essential that the Governor, members of the General Assembly, and others must be continuously informed of progress and opportunities in such fields in order to promote the advancement of science and technology in the State; Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Georgia Science and Technology Commission. The Commission shall be composed of not less than thirty (30) nor more than forty (40) members, all of whom shall be appointed by the Governor. As far as practical, the members shall be science graduates at accredited institutions. Initially, fourteen (14) members of the Commission shall be appointed for two (2) year terms; fourteen (14) for four (4) year terms; and the remainder for six (6) year terms. Thereafter, successors

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shall be appointed by the Governor for six (6) year terms. Members shall be eligible to succeed themselves. The Commission shall select from its membership an Executive Committee of not more than nine (9) members which shall have the authority to act for the Commission. The Governor shall be an ex officio member of the Commission and of the Executive Committee. Created, members, etc. Section 2. The Commission shall elect its own chairman and such other officers as it deems advisable, who shall serve for terms of two (2) years. The Commission shall adopt procedures for its operation and shall meet at least once each quarter on a day to be determined by the Commission. It shall meet at other times on the call of the chairman and under such other procedures as the Commission shall prescribe. The Commission is hereby authorized to appoint committees and provide for the functions of such committees. Chairman, meetings, etc. Section 3. The Commission is hereby directed to create a scientific advisory committee to be composed of not more than twenty (20) outstanding scientists from academic and industrial fields, who will be appointed by the Commission. These members need not be residents of the State of Georgia but shall be of national stature. This committee shall make recommendations to the Commission relative to policies and emphasis in science programs. The Commission and the committee shall meet in joint session at least once a year and at such times and for such purposes as the Commission deems desirable. Duties. Section 4. The Commission shall appoint a director who shall be the administrative head of the staff of the Commission and shall carry out the policies of the Commission. He shall be a scientist of recognized ability and shall have had experience as a research administrator. His compensation shall be fixed by the Commission and he shall serve at the pleasure of the Commission. The director shall employ the personnel necessary to carry out the duties and functions of the Commission. He shall fix the compensation of staff personnel subject to the approval of the Commission. Director, staff, etc.

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Section 5. The Commission shall review and evaluate the status of the scientific and technological resources and capabilities of the State of Georgia. It shall advise the Governor, the General Assembly and public agencies and institutions relative to scientific research and development matters, particularly as such matters affect the entire State. The Commission shall provide information, planning, evaluation, and recommendations for action to the Governor, the General Assembly, other agencies of the State, and private agencies within the State. Duties. Section 6. The members of the Commission may receive a per diem of $20 for each day traveling to and from and in attendance at meetings of the Commission, plus actual expenses incurred in connection therewith. The funds necessary to carry out the provisions of this Act will come from funds appropriated to the Commission by the General Assembly. The Commission may also receive funds contributed by foundations, private firms, individuals, and other non-State-government sources. Per diem, etc. Section 7. The Commission is authorized to employ technical, scientific, and administrative personnel on a part time or full time basis. The Commission shall, wherever possible, use the services of existing State agencies, but where such agencies cannot or will not serve, the Commission may utilize the services of other institutions and firms. Personnel. Section 8. The Resolution creating the Georgia Nuclear Advisory Commission, approved February 15, 1957 (Ga. L. 1957, p. 60), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished. 1957 Resolution repealed. Section 9. This Act shall become effective on April 1, 1964. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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JUDGE OF SUPERIOR COURTS EMERITUS ACT AMENDED. No. 990 (Senate Bill No. 319). An Act to amend an Act providing for the creation of office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946, (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 283), an Act approved February 17, 1950 (Ga. L. 1950, p. 341), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957 (Ga. L. 1957, p. 82), an Act approved March 13, 1957 (Ga. L. 1957, p. 486), an Act approved March 25, 1958 (Ga. L. 1958, p. 318) and an Act approved March 17, 1959 (Ga. L. 1959, p. 301), so as to extend the time in which a judge, in order to be eligible to receive the benefits provided by said Act, may begin making the contributions required by said Act; to provide that any judge desiring to qualify under this Act shall, as a prerequisite, pay into the fund an amount equal to the payments he would have made from the date of beginning of his service as a judge to the date of qualification under this Act, plus six per cent (6%) interest per annum on said amount; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the creation of office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. L. 1945, p. 362), as amended, particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 228), an Act approved February 16, 1950 (Ga. L. 1950, p. 283), an Act approved February 17, 1950 (Ga. L. 1950, p. 341), an Act approved February 15, 1952 (Ga. L. 1952, p. 293), an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 108), an Act approved February 28, 1956 (Ga. L. 1956, p. 380), an Act approved February 21, 1957

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(Ga. L. 1957, p. 82), an Act approved March 13, 1957 (Ga. L. 1957, p. 486), an Act approved March 25, 1958 (Ga. L. 1958, p. 318) and an Act approved March 17, 1959 (Ga. L. 1959, p. 301), is hereby amended by changing the date December 31, 1959 where it appears in section 9 of said Act to December 31, 1964, so that when amended said section 9 shall read as follows: Section 9. All judges of the superior courts of the State of Georgia who qualify under this Act shall be eligible to participate in said fund. Provided, however, that in order to be eligible to receive the benefits provided by this Act, a judge of the superior court must begin making the contributions required by this Act by December 31, 1964, or within ninety (90) days after taking office as judge of the superior court, whichever date shall be later. Any judge who shall fail to have made the contributions required by this Act within the time required by this section shall be forever barred from participating in the fund. Time of electing coverage, etc. Any judge who desires to qualify under this Act to participate in said fund shall, as a prerequisite to such participation, pay into the fund a sum of money equal to the contributions required by this Act from the date of the beginning of his service as judge until the date said sum of money is paid into the fund. In addition to said sum of money such person shall at the same time pay into the fund an amount of money equivalent to six per cent (6%) simple interest on said sum of money for each year from the beginning of his service as a judge until the date of paying the contributions into the fund. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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SEIZURE, ETC. OF CONTRABAND USED IN MANUFACTURE OF LIQUORS. Code 58-210 Enacted. No. 991 (Senate Bill No. 320). An Act to amend Code Chapter 58-2, relating to the manufacture, transportation and possession of certain intoxicating liquors, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 96), so as to declare certain raw materials and substances contraband; to provide for the seizure and destruction thereof; to provide for delivery to public schools; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 58-2, relating to the manufacture, transportation and possession of certain intoxicating liquors, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 96), is hereby amended by adding a new Code section to be known as Code section 58-210 to read as follows: 58-210 . Any raw materials or substances, including but not being limited to sugar of any grade or type, intended for use in the unlawful distilling or manufacturing of any alcoholic, spiritous, vinous or malt beverage are declared to be contraband, and no corporation, firm or individual shall have any property right in or to the same, and whenever any such raw materials or substances so used or about to be used shall be found or discovered, whether in transit, in storage, or at a site of such unlawful distillation or manufacture, by any sheriff, deputy sheriff, revenue agent or any other law enforcement officer, the same are declared forfeited and shall be subject to the following dispositions, or any of them: Seizure. (1) Such raw materials or substances, whenever found or discovered at a site of unlawful distillation or manufacture as described herein, may be summarily destroyed and

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rendered useless by any of the officers herein named without any formal order of the court or, in the event any such raw materials or substances shall be fit for human consumption, the same may be delivered to the public schools of the county in which seized for use thereby. Destruction, etc. (2) Such raw materials or substances, whenever found or discovered in transit or in storage, by any of the officers named herein, shall be seized by said officer and the procedures of notice, condemnation and sale, provided in Code section 58-207, applicable to vehicles and conveyances, shall be followed. Condemnation, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. CERTIFICATION OF ACCOUNTANTSFEES. Code 84-205, 84-211, 84-215 Amended. No. 993 (Senate Bill No. 341). An Act to amend Code Chapter 84-2, relating to certification of accountants, as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 85), an Act approved March 19, 1943 (Ga. L. 1943, p. 363), an Act approved February 14, 1950 (Ga. L. 1950, p. 163), and an Act approved March 21, 1958 (Ga. L. 1958, p. 216), so as to change the application fee for certification as a certified public accountant; to change the annual registration fee; to change the annual registration fee for nonresidents; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-2, relating to certification of accountants, as amended by an Act approved March

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28, 1935 (Ga. L. 1935, p. 85), an Act approved March 19, 1943 (Ga. L. 1943, p. 363), an Act approved February 14, 1950 (Ga. L. 1950, p. 163), and an Act approved March 21, 1958 (Ga. L. 1958, p. 216), is hereby amended by striking from the first and fourth sentences of Code section 84-205, relating to applications and fees for certification as certified public accountants, the figures 25 and 5, respectively, and inserting in lieu thereof the figures 35 and 10, respectively, so that when so amended Code section 84-205 shall read as follows: 84-205. Applications for certification as certified public accountants; fees; regulations; funds allocated to Board .Each applicant shall pay with his application a fee of $35. The application shall be on a form provided by the Board. The fee shall entitle the applicant to the examination and if found qualified and certified, to a registration card, which shall expire on December 31 of the year in which same is issued. Each certified public accountant shall annually renew his registration card by the payment of a fee of $10 and complying with such regulations as may be prescribed by the Board, not inconsistent with this Chapter. All fees and moneys received by the Board shall be paid to the State Treasurer as otherwise provided by law, and same are hereby allocated to said Board, for the purpose of paying the expenses of the Board and the expense incurred in the administration of this Chapter. Section 2. Said Code Chapter is further amended by striking from the first sentence of Code section 84-211, relating to the registration fee of nonresident accountants, the figure 5 and inserting in lieu thereof the figure 10 so that when so amended Code section 84-211 shall read as follows: 84-211. Registration of nonresident accountants; fee .The holder of a valid and unrevoked certificate as a certified public accountant, or its equivalent, issued under the authority of any State or political subdivision of the State, or any foreign Country, who is not a resident of the State of Georgia, may practice accountancy in this State by registering with the Board on or before January 1 of each year, and

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paying a fee of $10. Upon the payment of such fee the Board shall issue a certificate of such registration. Section 3. Said Code Chapter is further amended by striking from the third sentence of the second paragraph of Code section 84-215, relating to registration and fees of accountants, the figure 5 and inserting in lieu thereof the figure 10 so that when so amended Code section 84-215 shall read as follows: 84-215. Registration of accountants; fees; employees of certified accountants .Within six months after this law (84-201, 84-207, 84-215 to 84-217, 84-9902) takes effect, any person, or authorized representative of a corporation or firm, who shall be engaged in the practice of public accounting and who maintains an office for such purpose in the State of Georgia on the date of enactment of this law, shall apply for registration with the State Board of Accountancy, and upon the production of satisfactory evidence that such person, or authorized representative of a corporation or firm was so engaged on said date, the Board shall register such applicant. Any person otherwise qualified to make such application for registration who is a member of the armed forces of the United States on the date this law becomes effective may make such application within six months after the date of his honorable discharge from such service. Such registration shall be conclusive evidence of the right of such person, corporation or firm to engage in the practice of public accounting in the State of Georgia, but shall not be construed in any way as indicating that the State Board of Accountancy has approved the educational and professional experience and qualifications of the registrant. No person, firm, copartnership, association or corporation after the date of enactment of this law, except as hereinbefore provided, shall engage in or use the style or title of public accountant unless the State Board of Accountancy has approved the qualifications of the registrant. Each such registered public accountant shall pay a registration fee of $10 and shall annually thereafter on or before

Page 726

July 1 of each year renew his registration by the payment of a fee of $10. Nothing contained in this Chapter shall be construed to prohibit the employment by a certified public accountant or registered accountant permitted to engage in the practice of public accounting in the State of Georgia, of persons who have neither received certificates admitting them to practice as certified public accountants nor been registered as an accountant, assistant accountant or clerks: Provided, that such employees work under the control and supervision of certified public accountants or registered public accountants, and do not certify to any one the accuracy or verification of audits or statements: and Provided further, that such employees do not hold themselves out as engaged in the practice of public accounting. Section 4. This Act shall become effective January 1, 1965. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. ALLOCATION OF FUNDS TO ESTABLISH DENTAL COLLEGE RECOMMENDED. No. 224 (House Resolution No. 493). A Resolution. Recommending the allocation of funds to the Board of Regents to be used for the initial planning, staffing, alteration, construction, and operation of a dental college in conjunction with the Medical College of Georgia, located at Augusta, Georgia; and for other purposes. Whereas, the subcommittee on Hygiene and Sanitation No. 2 was created pursuant to House Resolution No. 433-912

Page 727

(AM) creating the Hygiene and Sanitation Committee in order to study the needs of a dental college in the State of Georgia, including the type of school, location, cost, and time-table of completion; and Whereas, said Committee has diligently studied the above stated problems; and Whereas, the subcommittee has found that there is an inadequate number of personnel trained in the profession of dentistry to meet present needs of the people of Georgia and that the number of students now receiving dental training will be insufficient to meet future needs and provide adequate dental care for the projected population of the State; and Whereas, the subcommittee after studying the existing facilities at the Medical College of Georgia in Augusta, and after having interviewed various officials of said college, have determined that said proposed dental college should be established in conjunction with the Medical College of Georgia; Now, therefore, be it resolved by the General Assembly of Georgia that the report of the Committee be and the same is hereby adopted. Be it further resolved that it be and is hereby recommended that when the Board of Regents finds the need of establishing a dental college in the State of Georgia the Appropriations Committee allocate to the Board of Regents sufficient sums of money to be used for the initial planning, staffing, alteration, construction, and operation of a dental college in conjunction with the Medical College of Georgia, located at Augusta, Georgia. Approved March 18, 1964.

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AREA REDEVELOPMENT FINANCE ACT. No. 997 (House Bill No. 340). An Act to create an Area Redevelopment Finance Administrator; to provide for a short title; to declare the purposes of this Act; to provide for the appointment of a Finance Administrator; to provide for the duties of the Administrator; to provide for assistance to certain redevelopment areas; 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 Area Redevelopment Finance Act. Short title. Section 2. It is hereby declared that there exist in the state certain geographic areas of substantial and persistent unemployment and under-employment causing hardship to many individuals and their families; that the federal government, acting under the federal Area Redevelopment Act (Public Law 87-27), has designated these geographic areas within the state as redevelopment areas and has instituted a program of financial assistance to communities, area organizations, industries, enterprises, and individuals in such redevelopment areas, thereby assisting such areas in establishing stable and diversified local economies and enhancing the domestic prosperity; and that under the provisions of this Area Redevelopment Finance Act the powers and facilities of the state government will assist such redevelopment areas so as to insure that the maximum benefits of federal financial assistance will be available to such areas. Finding. Section 3. In order to carry out the provisions of this act, there is hereby established within the Commerce Department an Area Redevelopment Finance Administrator (hereafter referred to as Finance Administrator) to be appointed by the Governor. The Finance Administrator is hereby directed to carry out the provisions of this act. Created. Section 4. (a) The Finance Administrator is authorized to purchase evidences of indebtedness and to make loans

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to aid in financing any project within a redevelopment area for industrial or commercial usage approved pursuant to federal law and qualifying for federal area redevelopment assistance. Such financial assistance shall not be extended to assist establishments relocating from one area of the state to another. Duties. (b) Financial assistance under this section shall be on such terms as the Finance Administrator determines, subject, however, to the following restrictions and limitations, among others: (1) Such assistance shall be extended only to applicants, both private and public, which have been approved for such assistance by the Commerce Department; (2) The project for which financial assistance is sought is reasonably calculated to provide more than a temporary alleviation of unemployment or under-employment within the redevelopment area wherein such project is, or will be, located; (3) No evidences of indebtedness shall be purchased and no loans shall be made unless it is determined that there is a reasonable assurance of repayment; (4) Such assistance shall not exceed 5% of the aggregate cost to the applicant of the particular project; (5) Any financial assistance extended under this section in connection with a particular project may be repayable after federal (or other nonfederal) loans made in connection with such project have been repaid in full; and (6) If any financial assistance extended under this section is secured, its security may be subordinate to the lien or liens securing federal (or other nonfederal) loans made in connection with the same project. Section 5. In performing his duties under this Act, the Finance Administrator is, among other things, authorized to:

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(a) Cooperate with political subdivisions, communities, and area development organizations, industries, enterprises, and individuals in their efforts to promote the expansion of industrial and commercial activities in redevelopment areas; Same. (b) Under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as he shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with loans made or evidences of indebtedness purchased under this act, and collect or compromise all obligations assigned to or held by him in connection with such loans or evidences of indebtedness until such time as such obligations may be referred to the Attorney General of this state for suit or collection; (c) Deal with, complete, renovate, improve, modernize, insure, rent, or sell for cash or credit, upon such terms and conditions and for such consideration as he shall deem to be reasonable, any real or personal property conveyed to, or otherwise acquired, by him in connection with loans made or evidences of indebtedness purchased under this act; and (d) Establish such rules, regulations and procedures as he may deem appropriate in carrying out the provisions of this act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964.

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LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY AMENDED. No. 998 (House Bill No. 523). An Act to amend an Act creating the Lake Lanier Islands Development Authority, approved March 9, 1962 (Ga. L. 1962, p. 736), so as to change the membership of the Authority; to change the method of appointing members; to prohibit the transaction of any business by the Authority with any member thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Lake Lanier Islands Development Authority, approved March 9, 1962 (Ga. L. 1962, p. 736), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Authority shall consist of nine (9) members as follows: The Secretary of State, the Director of the State Game and Fish Commission, the Director of the Department of Industry and Trade of the State of Georgia, the Director of the State Parks Department, the President of the Upper Chattahoochee Development Association, and four additional members to be appointed by the Governor, two of whom shall be members in good standing of the Upper Chattahoochee Development Association. The first four appointees so named shall be appointed for terms of one, two, three and four years, as designated by the Governor, and all appointments thereafter shall be made for terms of four years. Members, etc. The state officials, the President of the Upper Chattahoochee Development Association, and the members appointed by the Governor shall immediately enter upon their duties without further act or formality. The members of the Authority shall elect one of their members as chairman and another as vice-chairman. They

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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, etc. The Authority may make such bylaws for its government as is deemed necessary, but is under no duty to do so. By-laws. Any five members of the Authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the Authority by this Act. No vacancy on the Authority shall impair the right of 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 Authority shall receive reasonable compensation, to be determined by the members of the Authority, for their services. Compensation. Section 2. Said Act is further amended by adding between sections 18 and 19 a new section to be numbered section 18A and to read as follows: Section 18A. The Authority shall not be authorized to transact any business pertaining to the Authority or any of its purposes with any member of the Authority, or any company or corporation in which any member of the Authority maintains an interest, or with any member in his immediate family, or any business associate of any Authority member. Contracts, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964.

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COMPENSATION OF TAX COLLECTORS AND TAX COMMISSIONERS IN CERTAIN COUNTIES. Code 92-5301 Amended. No. 999 (House Bill No. 880). An Act to amend an Act entitled An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes., approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, 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 provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes., approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, is hereby amended by adding at the end of section 3 a new paragraph to read as follows: Provided, however, in those counties having a population of not less than 55,000 and not more than 73,000, according to the 1960 United States Decennial Census or any such future census, where the tax collector or tax commissioner is on a salary, the commissions provided for herein shall be

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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. Where applicable, etc. Section 2. The provisions of this Act shall become effective December 31, 1964. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964. STATE BOARD OF CORRECTIONSREHABILITATION OF PRISONERS. Code 77-319 Amended. No. 1001 (House Bill No. 1107). An Act to amend an Act providing for the rehabilitation of prisoners approved February 23, 1956 (Ga. L. 1956, pp. 161, 178), otherwise known as Code section 77-319, so as to allow the co-operation of the divisions of Vocational Education and Vocational Rehabilitation of the State Board of Education in the rehabilitation of State prisoners; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the rehabilitation of prisoners, approved February 23, 1956 (Ga. L. 1956, pp. 161, 178), otherwise known as Code section 77-319 is hereby amended by striking paragraph (a) of section 23 and substituting in lieu thereof the following: The State Board of Corrections, in co-operation with the divisions of Vocational Education and Vocational Rehabilitation of the State Department of Education, shall be authorized to institute a program of rehabilitation which shall

Page 735

include academic, industrial, mechanical, agricultural and vocational training., so that as amended section 23 shall read as follows: (a) The State Board of Corrections, in co-operation with the divisions of Vocational Education and Vocational Rehabilitation of the State Department of Education, shall be authorized to institute a program of rehabilitation which shall include academic, industrial, mechanical, agricultural and vocational training. (b) The State Board of Corrections, in institutions under its control, shall give the prisoners opportunity for reasonable educational and recreational activities where practical, and shall afford opportunity for religious activities to such prisoners as may desire to attend the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION. No. 1002 (House Bill No. 1089). An Act to create the Georgia Higher Education Assistance Corporation; to provide for purposes; to provide for definitions; to provide for a Board of Directors; to provide for powers and duties; to provide for loans and interest thereon; to provide for repayment of loans; to provide for loan applications; to provide for contributions and deduction from taxes thereof; to provide for tax exemptions; to provide for examination and reports; to provide for dissolution; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 736

Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a non-profit corporation which shall be known as the Georgia Higher Education Assistance Corporation. Created. Section 2. The purposes of such Corporation shall be to improve the higher educational opportunities of persons who are residents of this State and who are attending or plan to attend colleges in this State or elsewhere by guaranteeing a loan of funds to such persons to assist them in meeting their expenses of higher education all in accordance with the provisions of this Act and pursuant to the Constitution of this State. Purpose. Section 3. As used in this Act the following terms shall have the following meanings: 1. Corporation shall mean the Georgia Higher Education Assistance Corporation. 2. Board shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation. Definitions. 3. College shall mean any institution of higher education either within or without the State of Georgia, recognized and approved as such by the Board of Regents of the University System, which provides a course of study leading to the granting of a post-secondary degree or diploma. Section 4. (a) The Corporation shall be governed, and all of its corporate powers exercised, by a Board of Directors which shall consist of eleven members as follows: the Chairman of the Board of Regents; the Chancellor of the University System, the State Auditor, and eight members to be appointed by the Governor. Initially, the Governor shall appoint four members to serve for terms of three years and four members to serve for terms of six years. Thereafter, all members shall be appointed for six year terms. All members shall serve until their sucessors are appointed and qualified. All appointive members shall be at least thirty years of age, citizens of the United States, and residents of

Page 737

Georgia for at least two years. All such members shall take office July 1, 1965 and successors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. The Board shall elect from its own members each year a Chairman and a Vice-Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms. In the event of a vacancy on the Board, the Governor shall appoint a person to serve the unexpired term. Members of the Board shall receive no compensation for their services but shall reimbursed for the expenses incurred by them in the performance of their duties under this Act. Directors, etc. (b) The Board shall provide for the holding of regular and special meetings. A majority of the directors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the bylaws of the Corporation, the act of a majority of the directors present at any meeting shall be deemed the act of the Board. Quorum, etc. (c) The Board shall adopt bylaws for the Corporation and may appoint such officers and employees as it deems advisable and may fix their compensation and prescribe their duties. By laws. (d) The Board may elect an executive committee of not less than five members who in intervals between meetings of the Board may transact such business of the Corporation as the Board may, from time to time, authorize. Unless otherwise provided by the bylaws of the Corporation, a majority of the whole of such committee attending shall constitute a quorum for the transaction of any business and the act of a majority of the members of the executive committee present at any meeting thereof shall be the act of such committee. Provided further any State employee serving on this Corporation shall receive no compensation but shall receive reimbursements for actual expenses expended. Executive committee. Section 5. The Board shall have the following powers: (1). To guarantee the loan of money upon such terms and conditions as the Board may prescribe within the limits

Page 738

contained in this Act to persons who are residents of this State and who are attending or plan to attend colleges in this State or elsewhere to assist them in meeting their expenses of higher education. Provided, however, that no loan to any such person shall be guaranteed in excess of the following amounts: Powers. $750.00 for the freshman year; $750.00 for the sophomore year; $1,000.00 for the junior year; $1,200.00 for the senior year; $1,200.00 for each graduate year; and a total of not to exceed $6,100.00. Students who are attending or plan to attend college on a part-time basis shall be eligible for guaranteed loans hereunder. The Board shall establish minimum qualifications for a person to be termed a part-time student for the purposes hereof. The Board shall have the power to procure a policy or policies of group life insurance to insure the repayment of loans guaranteed by the Corporation in the event of a death of an individual for whom a loan is guaranteed hereunder. (2). To take, hold and administer, on behalf of the Corporation and for any of its purposes, real property, personal property and monies, or any interest therein and the income therefrom, either absolutely or in trust, for any purposes of the Corporation. The Board may acquire property or monies for such purpose by purchase or lease and by the acceptance of gifts, grants, bequests, devises or loans. Provided, however, no obligation of the Corporation shall be a debt of the State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation. (3). To enter into contracts with the colleges upon such terms as may be agreed upon between the Corporation and any such college so as to provide for the administration by such colleges of any loan guaranteed by the Corporation, including applications therefor and repayment thereof.

Page 739

(4). To sue and be sued in the name of the Corporation. (5). To adopt rules and regulations not inconsistent with law governing the application for and administration and repayment of loans guaranteed by the Corporation. (6). To perform such other acts as may be necessary or appropriate to carry out effectively the objectives and purposes of the Corporation as provided in this Act. Any group life insurance policies issued hereunder shall be issued on competitive bids under rules and regulations established by the Corporation. Provided the cost of insurance premiums incurred shall be a part of the principal of the loan of the individual insured. Section 6. The loans provided herein may be made by commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Loans. Section 7. No loan guaranteed by the Corporation shall bear interest at a rate in excess of six percent per annum, nor shall the Corporation guarantee any loan which bears interest at a rate higher than the then prevailing rate of interest up to a maximum of six percent per annum which the lender charges to other persons for similar type loans which are not guaranteed by the Corporation. All of the interest payable on loans guaranteed by the Corporation shall be paid, on behalf of and for the account of the borrower, by the Corporation during the period during which the borrower is regularly pursuing the college program for which such loan was made but not to exceed six years from the date such loan was originally made. Upon the borrower's completion of such college program, or upon the earlier termination thereof prior to completion, or upon the expiration of such six year period, whichever occurs first, such interest thereafter occurring on such loan, up to a maximum of three percent per annum thereof, shall be paid by the borrower directly, and any such interest in excess of said three percent per annum thereof shall be paid by the Corporation on behalf of and for the account of the borrower. Same.

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Section 8. The terms and conditions of any loan guaranteed by the Corporation shall not require the borrower to begin the repayment of his loan and any interest which he may be obliged to pay thereon, earlier than one year following his completion or other termination of the college program for which such loan was made, or three months after he becomes regularly employed, or self-employed, following such completion or other termination of his college program, or upon the expiration of seven years from the date such loan was originally made, whichever occurs first. Such borrower shall not be required to repay in full any such loan or any interest thereon earlier than within four years following his completion or other termination of his college program where the principal amount of the loan does not exceed the sum of $1,200.00, or six years where such principal amount of $1,200.00 or more but less than $3,000.00, or eight years where such principal amount is $3,000.00 or more but less than $5,000.00, or twelve years where such principal amount is $5,000.00 or more. Same repayment. Section 9. Any person otherwise qualifying for a loan guaranteed by the Corporation shall not be disqualified by reason of being under the age of twenty-one years and for the purpose of applying for, receiving and repaying such a loan any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age with respect thereto. Qualifications. Section 10. All contributions made to the Corporation shall be deductible for State income tax purposes. Contributions. Section 11. The property, income, obligations and activities of the Corporation shall be exempt from all State taxation of any type and from all municipal, county or other political subdivision taxation of any type. Tax exemption. Section 12. The Corporation shall be subject to examination of the superintendent of banks, but shall not be deemed to be a banking organization nor required to pay a fee for any such examination. The Corporation shall make an annual report of its condition to the Governor and to the members

Page 741

of the General Assembly on or before September First of each year. Audits, etc. Section 13. The Corporation and its corporate existence shall continue until termination by law upon a finding by the General Assembly that there no longer exists any need for such Corporation; provided, however, that no such law shall take effect so long as the Corporation shall have obligations outstanding. Upon the dissolution of the Corporation, all the property and monies of such Corporation shall become the property and monies of the State. Intent. Section 14. This Act shall become effective July 1, 1965 only in the event the Constitutional amendment authorizing such a loan program as provided herein shall be ratified at the November 1964 General Election. In the event of such ratification, appointment of the Board of Directors may be made prior to July 1, 1965. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964. LEGAL INVESTMENTS OF MUNICIPALITIES, COUNTIES, ETC. No. 1005 (Senate Bill No. 167). An Act to provide for additional investments for municipalities, counties, school districts, and other local governmental units; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing body of a municipality, county, school district, or other local governmental unit or political subdivision, in addition to all other legal investments, may invest and reinvest money subject to its control and jurisdiction in:

Page 742

(a) Obligations of the United States and of its agencies and instrumentalities; Investments. (b) Bonds or certificates of indebtedness of this state and of its agencies and instrumentalities; provided, however, that the provisions of this Act shall not impair the power of a municipality, county, school district or other local governmental unit or political subdivision to hold funds in deposit accounts with banking institutions as otherwise authorized by law. Section 2. The governing body may delegate the investment authority provided by section 1 of this Act to the treasurer or other financial officer charged with custody of the funds of the local government, who shall thereafter assume full responsibility for such investment transactions until the delegation of authority terminates or is revoked. Delegation of authority. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1964. LAND CONVEYANCE TO HOUSTON COUNTY AUTHORIZED. No. 232 (House Resolution No. 494-1220). A Resolution. Authorizing the conveyance of a certain tract of land located in Houston County to Houston County; and for other purposes. Whereas, there has been constructed a new state patrol barracks in Perry, Georgia; and Whereas, that tract of land upon which the old state patrol barracks were located is no longer of any use to the State of Georgia; and

Page 743

Whereas, that tract of land upon which the old barracks were located is more particularly described as follows: That certain city lot in the City of Perry, Houston County, Georgia, fronting 141.7 feet on Carroll Street and running back even width 210.5 feet to Commerce Street. Said lot bounded on the north by Commerce Street, on the east by Amanda Toomer land and other property whose owner is unknown, on the south by Carroll Street, and on the west by Marion Street. Said lot being fully shown by plat of same surveyed by Rhodes Sewell, County Surveyor of Houston County, on September 24, 1940, recorded in map book 1, page 222, clerk's office of Houston Superior Court.; and Whereas, said tract was originally donated to the State of Georgia by Houston County with a stipulation that should the property therein conveyed cease to be used for state patrol purposes, the title thereto would revert back to Houston County; and Whereas, the tract of land upon which the new state patrol barracks are located was donated to the State of Georgia by Houston County and is more particularly described as follows: That certain tract or parcel of land situate, lying and being in the City of Perry, Houston County, Georgia, and in Clearview Park Subdivision therein, same comprising 2.78 acres and being shown and designated as tract No. 1 on plat of survey prepared by Milton Bechham, Surveyor, on June 10, 1963, a copy of said plat being of record in map book eight, page 189, clerk's office, Houston Superior Court. For shape, metes, bounds, courses and distances thereof are hereby referred to and made a part of this description. Said tract is bounded on the north by lands

Page 744

of Andrew and Smith; on the east by the right-of-way of Interstate Highway No. 75; on the south by lands of Andrew and Smith; and said tract is bounded on the west by a street known as Faye Circle and in addition, land of Andrew and Smith.; and Whereas, Houston County has contributed of the cost of constructing said barracks, in addition to the donation of the above described tract of land. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey to Houston County that tract upon which the old state patrol barracks were located, and which is more particularly described above, for and in the consideration of $10.00 and the benefits flowing to the State of Georgia. Approved March 25, 1964. SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT AMENDEDMEMBERS. No. 233 (Senate Resolution No. 152). A Resolution. To amend a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes, approved February 12, 1963 (Ga. L. 1963, p. 486), so as to increase the membership of said Committee; and for other purposes. Be it resolved by the General Assembly of Georgia that a Resolution creating the Senate Committee on Economy, Reorganization and Efficiency in State Government; and for other purposes, approved February 12, 1963 (Ga. L. 1963, p. 486), is hereby amended by striking that paragraph which reads as follows:

Page 745

Said Committee, as hereby created, shall consist and be composed of ten (10) members of the Senate, with the President and the President Pro Tem. of the Senate as ex-officio members., and substituting in lieu thereof a new paragraph to read as follows: Said Committee, as hereby created, shall consist and be composed of eleven (11) members of the Senate, with the President and the President Pro Tem. of the Senate as ex-officio members. Be it further resolved that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1964. LAND CONVEYANCE TO EMANUEL COUNTY AUTHORIZED. No. 234 (Senate Resolution No. 171). A Resolution. Authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes. Whereas, there is presently under construction a new divisional, state patrol headquarters in Emanuel County; and Whereas, the present divisional, state patrol headquarters located in Emanuel County will no longer be needed by the State of Georgia after the completion of the new facilities; and Whereas, that tract of land upon which the present headquarters is located is more particularly described as follows:

Page 746

All that tract or parcel of land lying and being in the 53rd District G. M. of Emanuel County, Georgia, containing 0.541 acres, more or less, bounded north by lands of Mrs. L. R. Cain, formerly Mrs. W. J. Henson; east by right of way of Federal Highway No. 1; south and west by other lands of L. R. Lindsey. Said lot of land herein conveyed fronting one hundred twenty-five (125) feet on the said right of way of said highway beginning at a stake on the south corner of said Mrs. L. R. Cain land running south along said right of way to a stake corner, thence S. 89 degs. 15[UNK] W. 150 feet to a stake corner, thence N. 0 degs. 45[UNK] E. 189.3 ft. to a stake corner on land line of said Mrs. L. R. Cain, thence N. 66 degs. 02[UNK] W. 162 feet to said point of beginning, as shown by survey made by J. W. Brooks, Surveyor, June, 1940.; and Whereas, the land for the new divisional, state patrol headquarters was furnished to the State of Georgia by Emanuel County at the approximate cost to Emanuel County of $5,000.00; and Whereas, one-half of the total construction cost of the new divisional headquarters is to be paid by Emanuel County, which shall amount to an additional cost to Emanuel County of approximately $20,000.00. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of the State of Georgia is hereby authorized to convey to Emanuel County the above described tract of land for and in consideration of the sum of $10.00 and the benefits flowing to the State of Georgia. Approved March 25, 1964.

Page 747

LEASE OF LAND IN BIBB COUNTY AUTHORIZED. No. 235 (Senate Resolution No. 197). A Resolution. Authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by the City of Macon to be used as a site for construction of an armory for the Georgia Air National Guard, with one hundred (100) percent Federal funds; and for other purposes. Whereas, by quit-claim deed on the 22nd day of January, 1964, the City of Macon through its mayor and council conveyed to the State for and in consideration of the sum of $1.00 and other valuable consideration certain real property located in Bibb County, more fully described hereafter, to be used as a site for construction of an armory for the Georgia Air National Guard; and Whereas, the Government of the United States proposes to construct said armory on said property, utilizing one hundred (100) percent Federal monies on condition that the State of Georgia lease said property for a term of years; and Whereas, said property is more particularly described as follows: Beginning at an iron pin at the intersection of the south right-of-way of Third Avenue with the west right-of-way of West Street, said iron pin being S 1 degree 28 minutes E, 2858.2 feet from a concrete monument marking the northernmost point of the Macon Municipal Airport property, thence S, 0 degrees and 38 minutes W, 714.5 feet along the west right-of-way of West Street to an iron pin; thence N 89 degrees 22 minutes and 30 seconds W, 380.4 feet along the north right-of-way of Sixth Avenue to an iron pin; thence N, 0 degrees and 32 minutes E, 728.4 feet along the east right-of-way of Officers Row to an iron pin on the south right-of-way of Third Avenue;

Page 748

thence S 84 degrees and 08 minutes E, 149.9 feet along the chord of a curve of 822.77 foot radius to an iron pin at the point of curve; thence S 89 degrees 21 minutes E, 232.3 feet along the south right-of-way of Third Avenue to the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized to execute a lease of the above described real estate to the United States Government upon such terms and conditions as may be determined by the Governor, said conditions to be inter alia, but not limited to, the following: (a) Term of years with right of renewal for a total minimum of fifty (50) years. (b) A rental consideration of $1.00 and the benefits which will accrue to the State by virtue of the execution of the lease; namely, the construction of an armory to be used by the Georgia Air National Guard as a communications facility. Approved March 25, 1964. LAND CONVEYANCE TO CITY OF MACON AUTHORIZED. No. 236 (Senate Resolution No. 198). A Resolution. Authorizing the conveyance of certain State property located in Bibb County, Georgia; and for other purposes. Whereas, the City of Macon, by quit-claim deed on April 20, 1963, conveyed a certain tract or parcel of land to the State of Georgia; and Whereas, said tract or parcel of land is more fully described as follows:

Page 749

Commencing at a point which is 35 feet north 0 32[UNK] east of the center line of the right-of-way of Seventh Avenue in said Cochran Field, or Macon Municipal Airport, and which point is also south 89 22[UNK] 30[UNK] east of the center line of the right-of-way of the street known as Officers' Row located in said Cochran Field, or Macon Municipal Airport, and from said point running north 0 32[UNK] east a distance of 669.4 feet to a point on the southern right-of-way of a street known as Fourth Avenue, and thence running south 89 24[UNK] east a distance of 381.1 feet, more or less, to a point on the west right-of-way of a street known as West Street, thence south 0 38[UNK] west a distance of 669.5 feet to a point on the northern right-of-way on the street known as Seventh Avenue, thence north 89 22[UNK] 30[UNK] west to the point of beginning, said parcel of land consisting of 5.85 acres.; and Whereas, the military department of the State of Georgia had a need for certain additional real estate adjacent to the property conveyed by the City of Macon to the State of Georgia by the quit-claim deed dated April 20, 1963; and Whereas, the City of Macon executed another quit-claim deed dated January 22, 1964, which conveyed the additional adjacent real estate needed by the military department and, in addition, reconveyed a part or portion of the tract or parcel of land originally conveyed to the State by the quit-claim deed dated April 20, 1963; and Whereas, said tract or parcel of land is more fully described as follows: Beginning at an iron pin at the intersection of the south right-of-way of Third Avenue with the west right-of-way of West Street, said iron pin being S 1 degree 28 minutes E, 2858.2 feet from a concrete monument marking the northernmost point of the Macon Municipal Airport property, thence S, 0 degrees and 38 minutes W, 714.5 feet along the west right-of-way of West Street to an iron pin; thence N 89 degrees 22 minutes and 30 seconds W, 380.4 feet along the north right-of-way of Sixth Avenue

Page 750

to an iron pin; thence N, 0 degrees and 32 minutes E, 728.4 feet along the east right-of-way of Officers Row to an iron pin on the south right-of-way of Third Avenue, thence S 84 degrees and 08 minutes E, 149.9 feet along the chord of a curve of 822.77 foot radius to a iron pin at the point of curve; thence S 89 degrees 21 minutes E, 232.3 feet along the south right-of-way of Third Avenue to the point of beginning. Said parcel contains 6.27 acres, more or less.; and Whereas, the City of Macon conveyed the additional adjacent real estate with the understanding that the consideration therefor would be the conveyance by the State to the City of Macon of a part or portion of the real estate originally conveyed to the State by the City of Macon in the quit-claim deed dated April 20, 1963; and Whereas, the tract or parcel of land which the State has agreed to reconvey to the City of Macon is more fully described as follows: Commencing at a point which is 35 feet north 0 32[UNK] east of the center line of the right-of-way of Seventh Avenue in said Cochran Field, or Macon Municipal Airport, and which point is also south 89 22[UNK] 30[UNK] east of the center line of the right-of-way of the street known as Officer's Row located in said Cochran Field or Macon Municipal Airport, and from said point running north 0 32[UNK] east a distance of 210[UNK] to a point on the northern right-of-way of the street known as Sixth Avenue, thence running south 89 22[UNK] 30[UNK] east a distance of 380.4 feet, more or less, to a point on the west right-of-way of a street known as West Street, thence south 0 38[UNK] west a distance of 210[UNK] to a point on the northern right-of-way of the street known as Seventh Avenue, thence north 89 22[UNK] 30[UNK] west a distance of 380.4[UNK] to the point of beginning. Said parcel of land being that block bounded on the south by Seventh Avenue, on the west by Officer's Row, on the north by and including all of the right-of-way of Sixth Avenue, on the east by West Street, and located at Macon Municipal Airport, Cochran Field, Macon, Georgia.; and

Page 751

Whereas, the additional adjacent tract or parcel of land conveyed by the City of Macon to the State of Georgia, for which the military department had a need, is a larger tract or parcel of land and worth as much if not more than the above described tract or parcel of land which the State has agreed to reconvey to the City of Macon. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of Georgia is hereby authorized to execute the appropriate instruments on behalf of the State to reconvey the above described tract or parcel of land to the City of Macon for and in consideration of the City of Macon conveying to the State an additional tract or parcel of land which was needed by the military department of the State of Georgia. Approved March 25, 1964. CONTRIBUTION OF BRICKS FROM OLD SOLDIERS HOME. No. 242 (House Resolution No. 409-929). A Resolution. Relative to the contribution of the bricks from the Old Soldiers Home to the Georgia Division, United Daughters of the Confederacy; and for other purposes. Whereas, the Georgia Division, United Daughters of the Confederacy, has for many years been of great aid and benefit to the preservation of the history of Georgia relative to the Confederacy; and Whereas, the United Daughters of the Confederacy contributed time, labor and funds to the Old Soldiers Home, which is being demolished, and it would be fitting and proper that the bricks therefrom be contributed to the United Daughters of the Confederacy as a token of their untiring contributions to said Home;

Page 752

Now, therefore, be it resolved by the General Assembly of Georgia, that the proper State Authorities are hereby directed to contribute the bricks from the Old Soldiers Home to the Georgia Division of the United Daughters of the Confederacy. Approved March 26, 1964. CONVEYANCE OF LAND TO LOWNDES COUNTY AUTHORIZED. No. 243 (House Resolution No. 419-968). A Resolution. Authorizing the conveyance of certain State property located in Lowndes County; and for other purposes. Whereas, in the year 1949, Lowndes County deeded to the State of Georgia a tract of land for and in consideration of the sum of $10.00 and other good and valuable consideration, said conveyance being recorded in Lowndes County in Book 6Q, page 213, on May 26, 1949; and Whereas, this tract of land was deeded to the State to be used for facilities for the Georgia National Guard and military purposes; and Whereas, the State of Georgia is now using other land located in Lowndes County which was deeded by that County to the State for $10.00 and other good and valuable consideration to be used by the State for the Georgia National Guard and military purposes, thereby making this tract vacant and no longer any use to the State; and Whereas, the State has agreed to reconvey the tract of land back to Lowndes County for and in consideration of the sum of $10.00 and the moral obligation of the State, as the State no longer has any use for the land; and

Page 753

Whereas, said tract or parcel of land is more particularly described as follows: All that tract or parcel of land situate, lying, and being in land lot no. 107, in the 11th land district of Lowndes County, Georgia, lying east of the corporate limits of the City of Valdosta, and soon to be within said incorporate limits; described as being on the north side of the Valdosta-Waycross paved highway at a point 2,215 feet west of the point where the north side of said highway intersects the east original land lot line of said lot 107, which point is 500 feet west of the southeast corner of the tract of land deeded by the City of Valdosta to Lowndes County; and from said beginning point running westerly along the north side of said highway ninety (90) feet; thence north 24 degrees 14 minutes west one hundred fifty-five (155) feet; thence westerly parallel with said highway one hundred ten (110) feet; thence north 24 degrees 14 minutes west three hundred forty-five (345) feet; thence easterly parallel with said highway two hundred (200) feet; and thence south 24 degrees 14 minutes east five hundred (500) feet to the point of beginning. 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 tract or parcel of land to Lowndes County for and in consideration of the sum of $10.00 and the moral obligation of the State of Georgia to recognize the principal of right and justice. Approved March 26, 1964.

Page 754

CONVEYANCE OF LAND TO LAURENS COUNTY BOARD OF EDUCATION AUTHORIZED. No. 244 (House Resolution No. 497-1220). A Resolution. Authorizing the conveyance of certain property in Laurens County to the Laurens County Board of Education; and for other purposes. Whereas, a school building was constructed in Laurens County, which school is known as the Brewton School, and which school was constructed by the State School Building Authority; and Whereas, such property was conveyed to the State School Building Authority by the Laurens County Board of Education; and Whereas, by deed dated August 10, 1961, the State School Building Authority conveyed such property to the State Board of Education, such property being described in said deed as follows: All that tract or parcel of land situate, lying and being in Georgia, Laurens County, and being parcel B and parcel C as shown on plat of survey by Winchester Gostin dated September 3, 1957, recorded in deed book 157, page 548, in the office of the clerk of Laurens Superior Court. Said tract contains 13.9 acres, more or less, and is bounded as follows: On the northeast by a public road to Brewton, Georgia; on the northeast and southeast by property now or formerly in the S. A. Beall estate; on the south by property now or formerly owned by Millard F. Beall, Sr., Mrs. J. F. Graham and Mrs. Pearl R. Beall; on the southwest by property now or formerly owned by E. L. Bracewell; on the northwest and southwest by property now or formerly owned by F. A. Brantley. The purpose and extent of this deed is to convey to party of the second part all of the property acquired by

Page 755

State School Building Authority by deed from the Laurens County Board of Education dated January 4, 1955, recorded in deed book 135, page 119, clerk's office, superior court, Laurens County, and all of the property acquired by State School Building Authority from Millard F. Beall, Sr., Mrs. J. F. Graham and Mrs. Pearl R. Beall by deed dated March 3, 1958, recorded in deed book 161, page 101, clerk's office, superior court, Laurens County; except, however, there is excluded from the foregoing the property conveyed by quit-claim deed dated March 3, 1958 from State School Building Authority to Millard F. Beall, Sr., Mrs. J. F. Graham and Mrs. Pearl R. Beall.; and Whereas, said school has never been utilized and the Laurens County Board of Education is having to pay $800.00 a year for insurance premiums on the building; and Whereas, the State Board of Education has no need or use for said property; Now, therefore, be it resolved by the General Assembly of Georgia that the hereinbefore described property is hereby declared surplus and the State Board of Education, acting for and on behalf of the State of Georgia, is hereby authorized to convey the same to the Laurens County Board of Education for, and in consideration of, the sum of $10.00 and the benefits flowing to the State of Georgia. Approved March 26, 1964. CONVEYANCE OF LAND TO MARVIN PEED AUTHORIZED. No. 245 (House Resolution No. 503-1245). A Resolution. Authorizing the conveyance of certain property in Taylor County; and for other purposes. Whereas, by deed dated May 7, 1957, which deed was

Page 756

recorded in deed book 9, page 32, in the office of the clerk of the superior court of Taylor County, Jack Peed and Marvin Peed deeded to the State of Georgia certain property in Taylor County to be used by the State Agriculture Department for the installation of scales to be used in connection with the performance of the duties of the said department; and Whereas, after the installation of said scales, it was determined that the Agriculture Department had no need for part of the aforesaid property; and Whereas, it is agreeable with the Commissioner of Agriculture that the property not needed be conveyed to Marvin Peed, one of the grantors of the original property to the State; Now, therefore, be it resolved by the General Assembly of Georgia that the hereinafter described property is hereby declared to be surplus and the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the same to Marvin Peed for, and in consideration of, the sum of $10.00 and the moral obligation of the State. Said property is as follows: All that certain lot, tract or parcel of land situate, lying and being in Butler, Taylor County, Georgia, and being part of land lot no. 242, thirteenth district, commencing at a point on the northwest corner of a parcel of land owned by Marvin Peed; and thence south seventy-one degrees (71) east along a line paralleling Cedar Street to the point of beginning on said line three (3) feet west of the western brick wall of a brick office; and thence from said line south nineteen degrees (19) west a distance of seven (7) feet to a point three (3) feet beyond a northerly extension of the southern brick wall of said office; thence south seventy-one degrees (71) east a distance of sixteen (16) feet to a point; thence north nineteen degrees (19) east a distance of seven (7) feet to a point three (3) feet east of the eastern brick wall of said office; thence south seventy-one degrees (71) east along said original line paralleling Cedar Street to a point on

Page 757

said line sixty (60) feet north of the northeastern corner of said property; thence south nineteen degrees (19) west a distance of twenty-five (25) feet; thence north seventy-one degrees (71) west a distance of seventy (70) feet to a point; thence north nineteen degrees (19) east a distance of twenty-five (25) feet to the point of beginning. For further description of said property, reference is hereby made to a survey made by B. W. Hinton, Jr., Surveyor, Georgia License No. 1487, dated January 27, 1964. Approved March 26, 1964. PEACE OFFICERS' ANNUITY AND BENEFIT FUNDMEMBERSHIP QUALIFICATIONS. No. 1008 (House Bill No. 792). 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, so as to authorize membership in the Fund by certain persons who no longer served as peace officers at the time of the creation of said Fund; 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 creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended, is hereby amended by adding a new section to be known as section 13A to read as follows: Section 13A. Any other provisions of this Act to the contrary notwithstanding, any person who was a peace officer prior to the creation of the Fund and who was totally blinded in line of duty as a peace officer prior to the creation of the Fund and who has been unable to serve as a peace officer since the aforesaid injury, is hereby authorized to

Page 758

become a member of the Fund, regardless of whether such person is now or hereafter a peace officer, and shall pay into the Fund the amount which he would have paid in the event he had joined the Fund upon its creation and had continued as a member of said Fund since that time, which amount shall be determined by the Board, and upon such payment shall be authorized to receive the maximum benefits under the disability provisions of this Act without the necessity of complying with any time limitations contained in such disability provisions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. SOLICITORS' GENERAL RETIREMENT FUND ACT AMENDEDPENALTY FOR DELINQUENT CONTRIBUTIONS. No. 1009 (House Bill No. 802). An Act to amend an Act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 163), so as to provide for penalty interest upon delinquent payments into said fund; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Solicitor General Emeritus and the Solicitors' General Retirement Fund of Georgia, approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 163), is hereby further amended by striking from section X of said Act the word bi-annually and substituting in lieu thereof the word semiannually, and by inserting after the first sentence a new sentence to read:

Page 759

Should the payments not be made by February 15th of the succeeding year, the sum due shall incur a penalty of six per cent interest per annum computed on the principal amount from February 15th until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, should the sum due not be paid by February 15th of the succeeding year, such sum due shall be increased by ten percent thereof plus six percent interest per annum, computed on the sum due plus the ten percent thereof, from February 15th until the date of actual payment of the entire amount. So that section X of said Act, when amended, shall read: Section X. The payments to the retirement fund created by this Act shall be made to the Treasurer of the State of Georgia for each calendar year, quarterly or semiannually during the year, or in one lump sum to be paid not later than February 15th of the succeeding year, on a basis of five per cent of the salary or fees of the solicitor-general during the calendar year for which such payments are made. Should the payments not be made by February 15th of the succeeding year, the sum due shall incur a penalty of six per cent interest per annum computed on the principal amount from February 15th until actually paid. Beginning with the payments to be made covering the calendar year 1964, and for each calendar year thereafter, should the sum due not be paid by February 15th of the succeeding year, such sum due shall be increased by ten percent thereof plus six percent interest per annum, computed on the sum due plus the ten percent thereof, from February 15th until the date of actual payment of the entire amount. All payments shall be accompanied by an affidavit from the solicitor-general as to the correctness of the amount of salary or fees received by him during the period covered by such payments. Provided, however, such payments made to the Treasurer shall not exceed in any calendar year the sum of five per cent on nine thousand dollars. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964.

Page 760

TRUST ESTATESMAXIMUM INVESTMENTS IN COMMON TRUST FUNDS. No. 1010 (House Bill No. 806). An Act to amend an Act to authorize the establishment and the maintenance of common trust funds, approved March 20, 1943 (Ga. L. 1943, p. 442), as amended, particularly by an Act approved March 25, 1947 (Ga. L. 1947, p. 478), an Act approved February 21, 1951 (Ga. L. 1951, p. 526), and an Act approved March 28, 1961 (Ga. L. 1961, p. 220), so as to strike, remove and delete that portion of said Act relating to the maximum amount of monies of any one estate which shall be invested in one or more common trust funds; to prescribe the effect of striking, removing and deleting the aforesaid provision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to authorize the establishment and the maintenance of common trust funds, approved March 20, 1943 (Ga. L. 1943, p. 442), as amended, particularly by an Act approved March 25, 1947 (Ga. L. 1947, p. 478), an Act approved February 21, 1951 (Ga. L. 1951, p. 526), and an Act approved March 28, 1961 (Ga. L. 1961, p. 220), is hereby amended by striking, removing and deleting section 7, which reads as follows: Section 7. The amount of monies of any one estate which shall be invested in any one or more such common trust funds as may be maintained by a trust institution shall not exceed $300,000.00, or such smaller amount as may from time to time be prescribed for such investment in such funds by the Board of Governors of the Federal Reserve System or other competent Federal authority, whichever amount shall be less. In the event the foregoing sentence be held unconstitutional, then the amount of monies of any one estate which shall be invested in any one or more such common trust funds as may be maintained by a trust institution shall not exceed $300,000.00. In applying this limitation, if two or more trusts are created

Page 761

by the same settler or settlers, and as much as onehalf of the income or principal, or both, of each trust is payable or applicable to the use of the same person or persons, such trusts shall be considered as one and said limit shall apply. Repealed. in its entirety. Section 2. The effect of this amendment shall be to strike, remove and delete from the Act to authorize the establishment and maintenance of common trust funds, approved March 20, 1943 (Ga. L. 1943, p. 442), as amended, particularly by an Act approved March 25, 1947 (Ga. L. 1947, p. 478), an Act approved February 21, 1951 (Ga. L. 1951, p. 526), and an Act approved March 28, 1961 (Ga. L. 1961, p. 220), all limitations as to the amount of monies of any one estate which shall be invested in any one or more common trust funds, as provided by said Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. STATE BOARD OF ACCOUNTANCYVETERANS CREDIT. No. 1014 (House Bill No. 909). An Act to amend an Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, approved March 24, 1960 (Ga. L. 1960, p. 1172), so as to provide that the additional points shall not be available to those applicants taking examination under the State Board of Accountancy; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 762

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for additional points for certain applicants taking examinations given by any examining board or commission whose records are maintained by the Joint-Secretary, State Examining Boards, approved March 24, 1960 (Ga. Laws 1960, p. 1172), is hereby amended by adding between the words created, and whose records in the first paragraph of section 1 of said Act the words except the State Board of Accountancy, so that when so amended the first paragraph of Section 1 shall read as follows: Section 1. Any applicant, as hereinafter provided, taking an examination given by any examining board or commission which now exists, or which may hereafter be created, except the State Board of Accountancy, whose records are maintained by the Joint Secretary, State Examining Boards, under the supervision of the Secretary of State, shall receive points as provided hereinafter. No credit to veterans. Section 2. The provisions of this Act shall become effective immediately upon approval by the Governor or at such other time as it might become law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964.

Page 763

PRACTICE AND PROCEDURESTATUTE OF LIMITATIONS ON ACTIONS FOR LOSS OF CONSORTIUM. Code 3-1004 Amended. No. 1016 (House Bill No. 919). An Act to amend Code section 3-1004, relating to the limitation of actions for injuries to the person, so as to provide that actions for injuries to the person involving loss of consortium shall be brought within four (4) years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 3-1004, relating to the limitation of actions for injuries to the person, is hereby amended by adding at the end of said Code section, the following: , and except actions for injuries to the person involving loss of consortium shall be brought within four (4) years after the right of action accrues, so that when so amended, said Code Section shall read as follows: 3-1004. Injuries to the person Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year, and except actions for injuries to the person involving loss of consortium shall be brought within four (4) years after the right of action accrues. Provided however no such action on which the statute has expired prior to the effective date of this Act shall be revived by this Act. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964.

Page 764

ADVERTISEMENT OF PUBLIC WORKS CONTRACTS, ETC. IN CERTAIN COUNTIES. Code 23-1703 Amended. No. 1018 (House Bill No. 976). An Act to amend an Act approved September 29, 1879, (Ga. L. 1878-79, p. 160), as amended by an Act approved December 19, 1901, (Ga. L. 1901, p. 20), Codified as Code section 23-1703 of the 1933 Code of Georgia, providing for the method and manner of giving notice of the letting of county contracts for public buildings or other public works so as to provide that in counties having a population of 250,000 or more according to the 1960 United States Census, and any future United States Census, notice of the contract to be let may be given by publishing such notice once a week for only two weeks in the newspaper wherein the sheriff's sales are advertised; 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 the same: Section 1. That from and after the passage and approval of this Act the Act approved September 29, 1879, (Ga. L. 1878-79, p. 160), as amended by an Act approved December 19, 1901 (Ga. L. 1901, p. 20), codified as Code section 23-1703 of the 1933 Code of Georgia, providing for the method and manner of giving notice of the letting of county contracts for public buildings or other public works be, and the same is hereby amended by adding to the end of Code section 23-1703 of the Code of Georgia of 1933 the following language: In counties having a population of 250,000 or more according to the 1960 United States Census or any future such census notice of the contract to be let may be given by publishing such notice once a week for only two weeks in the newspaper in the county wherein the sheriff's sales are advertised. Where applicable, procedure.

Page 765

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. PHYSICAL THERAPISTS PRACTICE ACT AMENDED. No. 1019 (House Bill No. 1015). An Act to amend an Act known as the Physical Therapists Practice Act, approved February 19, 1951 (Ga. L. 1951, p. 175), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 633), so as to provide that nothing contained in said Act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this Act, if such person does not represent himself to be a registered physical therapist, or does not use in connection with his name the words or letters R. P. T., Registered Physical Therapist, Physical Therapist or Physiotherapist or any other letters, words or insignia indicating or implying that he is a registered physical therapist; 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 known as the Physical Therapists Practice Act, approved February 19, 1951 (Ga. L. 1951, p. 175), as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 633), is hereby amended by striking Section 14 of said Act in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. Practice of Physical Therapy by Unregistered Persons, When Permitted . Nothing contained in this Act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this Act, if such person does not represent himself to be a

Page 766

registered physical therapist, or does not use in connection with his name the words or letters `R. P. T.', `Registered Physical Therapist', `Physical Therapist' or Physiotherapist' or any other letters, words or insignia indicating or implying that he is a registered physical therapist. 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 March 26, 1964. PRACTICE AND PROCEDURESERVICE OF PROCESS IN QUO WARRANTO PROCEEDINGS. Code 64-202.1 Enacted. No. 1023 (House Bill No. 1100). An Act to amend Code Chapter 64-2 relating to the writ of quo warranto as to provide for the method of service of process in any quo warranto proceeding; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 64-2, relating to the writ of quo warranto, is hereby amended by adding after Code section

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64-202 a new Code section to be known as 64-202.1 to read as follows: 64-202.1 Writ of quo warranto; service of process .The writ and process in a quo warranto proceeding shall be served on the defendant personally. Personal service within the meaning of this Code section shall be deemed to mean service by placing a copy of such writ and process in the hands of the defendant. Service of the writ and process in such proceeding upon a resident of the State of Georgia who is temporarily residing or sojourning outside the State of Georgia may be perfected in the same manner as is provided for service of process by publication as set forth in sections 9 and 10 of an Act approved February 1, 1946 (Ga. L. 1946, p. 761), relating to the rules of procedure, pleading and practice in civil actions, as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 315), and an Act approved April 9, 1963 (Ga. L. 1963, p. 384), (presently codified as Code sections 81-207.1 and 81-207.2 of the Georgia Code Annotated). When service is perfected upon any such person as provided for in the aforesaid sections, as amended, then such person shall be bound by the final decision of any such proceedings as fully as though said defendant had been personally served. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. TIME FOR MAKING APPLICATION FOR HOMESTEAD EXEMPTION IN CERTAIN COUNTIES. Code 92-220 Amended. No. 1025 (House Bill No. 1129). An Act to amend Code section 92-220 of the Code of Georgia of 1933, as amended, providing for the application of homestead exemptions so as to provide that in counties having a population of 250,000 and not more than 500,000,

Page 768

according to the 1960 United States Census or any future such census, the time for making application for homestead exemptions shall be on or before January 31st of the year in which exemption from taxation is sought; to provide the effective date of the Act; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That Code section 92-220 of the Code of Georgia of 1933, as amended, providing for the application for homestead exemptions be further amended by adding to the end thereof the following language: In counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census or any future such census, the time for filing application for homestead exemptions shall be on or before January 31 of the year in which exemption from taxation is sought. Where applicable, time. Section 2. This Act shall become effective January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1964. CRIMESINTERFERING WITH PROPERTY OF COMMUNICATION SYSTEMS. Code 26-3805 Amended. No. 1027 (House Bill No. 1150). An Act to amend Code section 26-3805, relating to injuring or interfering with the property of communication systems and the punishment therefor, so as to change such punishment; to provide for exemptions; to change the word unlawfully to wilfully; 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 26-3805, relating to injuring or interfering with the property of communication systems and the punishment therefor, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 26-3805 to read as follows: 26-3805. Injuring or interfering with property of communication system; punishment .Whoever wilfully and intentionally injures or destroys any of the poles, cables, wires, fixtures, or other apparatus, equipment or appliances belonging to a company, or a political subdivision of this State, engaged in the transmission of messages or communications, including police and fire alarm signalling systems, or wilfully and intentionally interferes in any way with the working or use of any line or system, or otherwise wilfully and intentionally obstructs, hinders, or delays the transmission of communication over such line or system shall, upon conviction for a first offense, be punished as for a misdemeanor; provided, however, that upon conviction for second offense punishment shall be by confinement in the penitentiary for not less than one year nor more than ten years; provided further that if the jury trying the case shall so recommend and the trial judge shall approve the recommendation punishment shall be as for a misdemeanor, or in case a plea of guilty be entered, the trial judge may of his own motion reduce the punishment to that provided by law for misdemeanors. Provided nothing herein shall apply to any person or firm who is in the act of executing a contract for the State of Georgia or a political subdivision of the State of Georgia after first giving the owners or their representatives or agents a reasonable notice of such contract. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964.

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HOSPITAL AUTHORITIES LAW AMENDED. No. 1030 (House Bill No. 1208). An Act to amend an Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. L. 1941, p. 241), as amended, so as to include health centers and nursing homes in the definition of the word Project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Hospital Authorities Law, approved March 27, 1941 (Ga. L. 1941, p. 241), as amended, is hereby amended by adding in lettered sentence (d) in section 2 of said Act before the word clinics the words health centers, so that when so amended such sentence shall read as follows: (d) The word `Project' shall include hospitals, sanitoriums, dormitories, health centers, nursing homes, clinics and housing accommodations or other public buildings for the use of patients and officers and employees of any institution under the supervision and control of any Hospital Authority and all utilities and facilities deemed by the Authority necessary or convenient for the efficient operation thereof. Project defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964.

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SALE OF ALCOHOLIC BEVERAGES IN CERTAIN COUNTIES AND MUNICIPALITIES. No. 1035 (House Bill No. 1147). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, so as to authorize counties where the sale of alcoholic beverages is authorized by law and which such counties have a population of 40,000 or more, according to the United States Decennial Census of 1960 or any future such decennial census, and to authorize all cities located wholly or partially within such counties, to issue licenses for the sale of distilled spirits or alcoholic beverages in that part of such cities lying within such counties; to authorize such counties and cities to prescribe rules and regulations concerning the issuance of of such licenses; to authorize such counties and cities to prescribe rules and regulations relating to and concerning the regulation of any businesses holding such licenses; to authorize wholesale distributors to sell to persons licensed under this Act; to provide for the procedure for implementing this Act; to provide for elections; to provide for future referendums; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, is hereby amended by renumbering section 31, the repealer clause, as section 32, and by inserting a new section 31 to read as follows: Section 31. (a) Anything in this Act to the contrary notwithstanding every county in the State of Georgia where the sale of distilled spirits or alcoholic beverages is authorized by law and which such counties have a population of 40,000 or more, according to the United States Decennial

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Census of 1960 or any future such decennial census, and any city or municipality in that part of such cities lying within such counties may, through proper resolution or ordinance, authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Where applicable etc. (b) Every county and city as set forth in this Section shall have the full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section, including but not being limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. Rules. (c) Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell to any person or persons licensed as provided in this section, distilled spirits at wholesale, and the persons so licensed under this section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale. Sales by wholesalers. (d) This section shall not become effective until a referendum has been held and conducted, in accordance with this section, by the governing authority of any municipality or county affected by this section. Referendum. In the event the governing authority of any municipality or county coming under the provisions of this section desires to implement and place this section in effect, then and in that event such governing authority shall conduct a special referendum election for the purpose of determining whether or not this section shall become effective. In the event a majority of those persons voting in any such referendum election vote in favor of implementing this section, then this Section shall become effective immediately. In the event a majority of those voting in any such referendum election shall vote against implementing this Section, then

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this section shall become null, void and of no force or effect in the municipality or county wherein said referendum election was conducted. In the event the governing authority of any municipality or county coming under the provisions of this section does not call for and conduct the referendum provided for above, then, upon a written petition containing the signatures of fifteen (15%) per cent of the registered and qualified voters of any municipality or county coming within the provisions of this section being filed with the appropriate governing authority, then said governing authority shall be required to hold and conduct a special referendum election for the purpose of submitting to the qualified voters of any such municipality or county the question of whether or not this section shall become effective. In the event a majority of the persons voting in such referendum vote in favor of implementing this section, then this section shall become of full force and effect immediately. If a majority of the qualified voters voting in any such referendum vote against implementing this section, then this section shall become null, void and of no force and effect as to the municipality or county holding such referendum. (e) In any municipality or county which has at any time held an election in accordance with the foregoing provisions of this section resulting in the majority of the votes being cast in favor of the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink, the governing authority of such municipality or county shall upon a petition signed by at least thirty-five (35%) per cent of the registered, qualified voters of said municipality or county proceed to call another election in the same manner as hereinbefore prescribed for the purpose of nullifying the previous election; provided, however, no such election shall be called or had within two (2) years after the date of the declaration by the governing authority of the results of the previous election held for such purposes as hereinabove provided. Future referendums.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This Act was received from the Executive Department on March 30, 1964. This Act was received by the Executive Department on March 3, 1964 after the General Assembly adjourned on February 21, 1964, and it does not bear the Governor's signature of approval.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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HANCOCK COUNTYAPPOINTMENT OF SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 363-828). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock 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: Effective at the end of the present term of the County School Superintendent of Hancock County, the Board of Education of Hancock 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 Hancock 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.

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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 provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock County. Against ratification of amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Hancock County by the Board of Education of Hancock 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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LAGRANGE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 101 (House Resolution No. 392-866). A Resolution. Proposing an amendment to the Constitution so as to create the LaGrange 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 LaGrange in Troup County to be known as the LaGrange Development Authority, which shall be an instrumentality of the City of LaGrange 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 LaGrange. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. 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. No member of the Authority shall be the mayor nor a member

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of the council of the City of LaGrange, 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 the City of LaGrange. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; Property. D. The powers of the Authority shall include, but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of LaGrange; 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 LaGrange. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) 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; (5) To issue revenue anticipation certificates or bonds for the 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

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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 as such pertain to the corporate purposes of the Authority; (6) To contract with the City of LaGrange and other political subdivisions of the State of Georgia and with private persons and corporations and to sue 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 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; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of LaGrange, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of the City of LaGrange suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, 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. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates

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and all expansions of new or existing facilities may be made through the use of such funds. (9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of LaGrange; (10) 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. (11) To designate officers to sign and act for the Authority generally or in any specific matter. (12) 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 LaGrange, the State of Georgia, nor Troup 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; Tort liability. 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 LaGrange but such compensation shall be paid from funds of the Authority; Compensation of members.

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H. The City of LaGrange is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of LaGrange, Georgia, but not to exceed two mills, 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 LaGrange 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; Funds. I. The City of LaGrange is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total receipts from business licenses for the year, 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; Same. 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 exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of LaGrange and its citizens, industry, agriculture, trade, commerce and recreation within the City of LaGrange, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of LaGrange 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.

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L. 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 LaGrange, and the scope of its operations shall be limited to the territory embraced within the City of LaGrange. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of LaGrange; Further powers. M. 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 LaGrange, State of Georgia, nor Troup County; Debts. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of LaGrange, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. 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 `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 LaGrange, 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

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or private persons, firms, corporations and/or associations for such purposes. Definitions. (2) 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 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. P. 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. 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 LaGrange 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 LaGrange Development Authority and

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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 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. TROUP COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 102 (House Resolution No. 396-888). A Resolution. Proposing an amendment to the Constitution so as to create the Troup County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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A. There is hereby created a body corporate and politic in Troup County in the State of Georgia to be known as the Troup County Development Authority, which shall be an instrumentality of Troup 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 who shall serve for a term of five years and who shall be eligible for re-appointment. The members shall be appointed by the Board of Commissioners of Roads and Revenues of Troup County. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the Board of Commissioners of Roads and Revenues of Troup County. 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. No member of the Authority shall be a member of the Board of Commissioners of Roads and Revenues of Troup 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 Troup County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Troup County: Powers.

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(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 Troup County. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) 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; (5) 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 as such pertain to the corporate purposes of the Authority; (6) To contract with Troup County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue 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 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;

Page 789

(8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Troup County, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of Troup County suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, 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. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds. (9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Board of Commissioners of Roads and Revenues of Troup County; (10) 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; (11) To designate officers to sign and act for the Authority generally or in any specific matter; (12) 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 Troup County, nor the State of Georgia; Debt.

Page 790

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; Tort liability. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the Board of Commissioners of Roads and Revenues of Troup County but such compensation shall be paid from funds of the Authority; Compensation of members. H. Troup County is authorized to levy an annual tax as may be determined by the Board of Commissioners of Roads and Revenues, but not to exceed two mills, on all taxable property within the County 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 Troup County 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; Funds. I. Troup County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total receipts from business licenses for the year, 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; Same. J. The property of the Authority shall not be subject

Page 791

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 exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Troup County and its citizens, industry, agriculture, trade, commerce and recreation within Troup County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Troup 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. 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 Troup County, and the scope of its operations shall be limited to the territory embraced within Troup County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Troup County. Further powers. M. 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 Troup County, nor State of Georgia; Debt. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Troup County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. As used herein, the following words and terms

Page 792

shall have the following meanings, unless a different meaning clearly appears from the context: Definitions. (1) 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 Troup 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. (2) 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 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. P. 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. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of

Page 793

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 Troup 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 Troup County 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 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.

Page 794

HOGANSVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 410-929). A Resolution. Proposing an amendment to the Constitution so as to create the Hogansville 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 Hogansville in Troup County to be known as the Hogansville Development Authority, which shall be an instrumentality of the City of Hogansville 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 re-appointment. The members shall be appointed by the Mayor and Council of the City of Hogansville. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. 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. No member of the Authority shall be the mayor nor a member

Page 795

of the council of the City of Hogansville, 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 the City of Hogansville. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; Property. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of Hogansville; 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 Hogansville. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) 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 debentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as scurity therefore; (5) 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,

Page 796

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 as such pertain to the corporate purposes of the Authority; (6) To contract with the City of Hogansville and other political subdivisions of the State of Georgia and with private persons and corporations and to sue 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 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; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of Hogansville, and to make long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of the City of Hogansville suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, 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. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates

Page 797

and all expansions of new or existing facilities may be made through the use of such funds; (9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of Hogansville; (10) 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; (11) To designate officers to sign and act for the Authority generally or in any specific matter. (12) 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 Hogansville, the State of Georgia, nor Troup County; Debt. 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; Tort liability. 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 Hogansville but such compensation shall be paid from funds of the Authority; Compensation of members.

Page 798

H. The City of Hogansville is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of Hogansville, Georgia, but not to exceed two mills, 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 Hogansville 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; Funds. I. The City of Hogansville is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total receipts from business licenses for the year, 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; Same. 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 exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of Hogansville and its citizens, industry, agriculture, trade, commerce and recreation within the City of Hogansville, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of Hogansville 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.

Page 799

L. 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 Hogansville, and the scope of its operations shall be limited to the territory embraced within the City of Hogansville. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Hogansville; Further powers. M. 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 Hogansville, State of Georgia, nor Troup County; Debt. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Hogansville, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. 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 `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 Hogansville, 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

Page 800

or private persons, firms, corporations and/or associations for such purposes. Definitions. (2) 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 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. P. 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. 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 Hogansville 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 Hogansville Development Authority

Page 801

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 amendement, 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 elections shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. WEST POINT DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 411-929). A Resolution. Proposing an amendment to the Constitution so as to create the West Point 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:

Page 802

A. There is hereby created a body corporate and politic in the City of West Point in Troup County to be known as the West Point Development Authority, which shall be an instrumentality of the City of West Point 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 re-appointment. The members shall be appointed by the Mayor and Council of the City of West Point. The first members shall be appointed for terms of one, two, three, four and five years, respectively, and thereafter their successors shall be appointed for terms of five years. Members shall serve until their successors are duly appointed and qualified. Vacancies shall be filled for the unexpired term by the mayor and council. 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. No member of the Authority shall be the mayor nor a member of the council of the City of West Point, 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 the City of West Point. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within the City of West Point; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts;

Page 803

(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 West Point. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) 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; (5) 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 as such pertain to the corporate purposes of the Authority; (6) To contract with the City of West Point and other political subdivisions of the State of Georgia and with private persons and corporations and to sue 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 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; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in the City of West Point, and to make

Page 804

long-range plans therefor, so as to relieve insofar as possible unemployment within its boundaries, and to that end its acquiral by purchase or gift any building or structure within the limits of the City of West Point suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, fabricating plant, or any other type of structure, 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. All of such acquisitions of property or machinery, equipment or furnishings may be made through the use of funds derived through the issuance of revenue certificates and all expansions of new or existing facilities may be made through the use of such funds; (9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the Mayor and Council of the City of West Point. (10) 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. (11) To designate officers to sign and act for the Authority generally or in any specific matter. (12) 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 West Point, the State of Georgia, nor Troup County; Debt.

Page 805

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 as work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability. 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 West Point but such compensation shall be paid from funds of the Authority; Compensation of members. H. The City of West Point is authorized to levy an annual tax as may be determined by the Mayor and Council of the City of West Point, Georgia, but not to exceed two mills, 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 West Point 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; Funds. I. The City of West Point is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty percent of its total receipts from business licenses for the year, 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; Same. J. The property of the Authority shall not be subject

Page 806

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 exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the City of West Point and its citizens, industry, agriculture, trade, commerce and recreation within the City of West Point, and making of long-range plans for such development and expansion and to authorize the use of public funds of the City of West Point 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. 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 West Point, and the scope of its operations shall be limited to the territory embraced within the City of West Point. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of West Point. Further powers. M. 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 West Point, State of Georgia, nor Troup County; Debt. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of West Point, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property.

Page 807

O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: Definitions. (1) 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 West Point, 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. (2) 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 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. P. 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. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

Page 808

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 West Point 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 West Point 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 amendent 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 electin 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.

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THOMAS COUNTYBONDS AND TAX FOR EDUCATIONAL FACILITIES BEYOND TWELFTH GRADE. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 442-1029). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Thomas County to issue general obligations bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; 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: Any other provision of the Constitution to the contrary notwithstanding, the governing authority of Thomas County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade. In order to finance such undertaking, the governing authority of Thomas County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any

Page 810

bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Thomas County, including any such property in any municipal or independent school system or district. Said governing authority is hereby authorized to incur such bonded indebtedness and to levy taxes for the purpose of discharging such bonded indebtedness regardless of whether such real property, building or facilities for education are located within the territorial limits of Thomas County, Georgia. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Thomas County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Thomas County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of 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 Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

Page 811

For ratification of amendment to the Constitution so as to authorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. Against ratification of amendment to the Constitution so as to authorize the governing authority of Thomas County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. 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. WHITFIELD COUNTYBONDS AND TAX FOR EDUCATIONAL FACILITIES BEYOND TWELFTH GRADE. Proposed Amendment to the Constitution. No. 109 (House Resolution No. 432-994). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to

Page 812

levy taxes for the payment of such bonds; 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: Any other provision of the Constitution to the contrary notwithstanding, the governing authority of Whitfield County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade. In order to finance such undertaking, the governing authority of Whitfield County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Whitfield County, including any such property in any municipal or independent school system or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Whitfield County shall have contracted with the Board of Regents

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of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Whitfield County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of 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 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 Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. Against ratification of amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. 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

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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 COUNTYZONING AND PLANNING COMMISSION. Proposed Amendment to the Constitution. No. 110 (House Resolution No. 438-1020). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unicorporated and/or incorporated areas of Cobb County; to provide various codes; 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 III, Section VII, Paragraph XXIII 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 a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County now or hereinafter existing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Paragraph to grant to the governing authorities of municipalities and counties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and

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regulations relating to building, construction, plumbing, heating, air conditioning, ventilating, and electrical installation for the unicorporated and/or incorporated areas of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the General Assembly may prescribe. The General Assembly may provide for the enforcement of the action of the Zoning and Planning Commission and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other public funds as might be available may be used for the Commission and in the administration of the aforesaid codes, rules and regulations. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein. The General Assembly is also authorized to provide for the eventual merger of the Zoning and Planning Commission, established herein with any and all other Zoning and Planning Commissions or Boards in the incorporated areas of Cobb County and to provide the procedure connected 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 authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County; to

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provide various codes; to provide for the merger of the Zoning and Planning Commission with the Zoning and Planning Commissions or Boards of incorporated areas of Cobb County; and to provide the procedure connected therewith. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County; to provide various codes; to provide for the merger of the Zoning and Planning Commission with the Zoning and Planning Commissions or Boards of incorporated areas of Cobb 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 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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THOMASTON-UPSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 458-1094). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Thomaston-Upson County Industrial Development Authority; to provide the manner in which the name of such Authority may be changed; to provide its scope and jurisdiction to include all the territory embraced within the limits of Upson County; to provide the purposes, duties, control, powers, organization, authority, funds and procedures of said Authority; to provide for the appointment of the members of said Authority; to provide for the issuing of revenue bonds under the provisions of the Revenue Bond Law (Ga. L. 1957, pp. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761 et seq., as amended), and for the validation of such bonds; to provide all bonds and other evidences of indebtedness of said Authority and the income paid therefrom shall be exempt from taxation; to repeal conflicting laws; 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: Thomaston-Upson County Industrial Development Authority. A. There is hereby created a body corporate and politic to be known as the Thomaston-Upson County Industrial Development Authority; which shall be deemed to

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be an instrumentality of the State of Georgia and a public corporation, and in that name, style and title said body may contract and be contracted with, sue and be sued, plead and be interpleaded, and complain and defend in all courts of law and equity. In the event the name of said Authority shall ever become the subject of change the same may be accomplished by an Act of the General Assembly. Created. B. The said Authority is created for the purpose of expanding and developing industry in the City of Thomaston and Upson County and for improving the general welfare of said city and county. Purpose. C. The said Authority shall consist of six (6) members, one (1) of whom shall be the Chairman of the Board of Commissioners of Roads and Revenue of Upson County, Georgia, who shall be a member by virtue of his office, one (1) of whom shall be the Mayor of the City of Thomaston, Georgia, who shall be a member by virtue of his office, two (2) of whom shall be appointed by the Board of Commissioners of Roads and Revenue of Upson County, Georgia, and two (2) of whom shall be appointed by the Mayor and Council of the City of Thomaston, Georgia. Members. (1) Initially the Board of Commissioners of Roads and Revenue of Upson County, Georgia, and the Mayor and Council of the City of Thomaston shall each appoint one (1) member for a term of one (1) year, and shall each appoint one (1) member for a term of two (2) years, and thereafter upon the expiration of a member's term shall each appoint their respective successor members for a term of two (2) years. As herein used, the term `year' shall mean calendar year commencing with the month of January and ending with the month of December. All members so appointed shall serve until their terms expire and their successors are appointed and qualified. Any vacancy on said Authority shall be filled by appointment for the remainder of the term by the governing authority who appointed the previous holder of the vacancy.

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(2) Prior to taking office the members shall subscribe to the following oath which shall be filed in the office of the Clerk of the City of Thomaston to-wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Thomaston-Upson County Industrial Development Authority, So Help Me God. (3) The members of the said Authority shall be entitled to no compensation. D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: Definitions. (1) The word Authority shall mean the Thomaston-Upson County Industrial Development Authority, created hereby. (2) The word Project shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and improvements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (3) The term cost of project shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project. E. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority;

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however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes. Quorum. F. The powers of the Authority herein created shall include, but not limited to, the power: Powers. (1) To have a 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 other political subdivisions and with private persons and corporations. (3) To acquire, hold, and dispose of real and personal property, including the stock of other corporations for its corporate purposes. (4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Upson. (5) To enter into contracts for periods of time not in excess of one hundred (100) years. (6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, real property or rights of easements 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 be the best advantage of the Authority. 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 Upson and/or the Mayor and Council of the City of Thomaston, the governing authorities of the County of Upson and the Mayor and Council of the City of Thomaston are authorized

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in their discretion to convey title to such lands, including any improvements thereon, to the Authority. (7) To encourage and promote the expansion of industry in the City of Thomaston and in the County of Upson, and to make a long range plan therefor. (8) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. (10) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and to pay the costs of any such project from the proceeds of revenue bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (11) To elect its own officers from the membership of the Authority and to authorize and empower such officers to act for the Authority generally or in any specific matter. (12) To issue revenue 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 Bond Law (Ga. L. 1957, pp. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761 et seq. as amended) as amended, and as subsequently amended, with reference to the issuance of such revenue bonds and validation of same insofar as such pertain to the corporate purposes of the Authority.

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(13) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof. (14) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the Authority. (15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing. (16) To do all things within its powers to encourage industrial growth development in Upson County, and to encourage the location of new industries in said county. (17) To exercise any power granted by the laws of the State of Georgia to public or private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state. (18) 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. (19) To receive and administer gifts, grants and donations and to administer trusts. Upson County, Georgia, and the City of Thomaston, Georgia, are hereby authorized to make such gifts, grants and donations of public monies to the Authority as their respective governing bodies shall from time to time authorize and make. (20) To do all things necessary and convenient to carry out the powers expressly conferred by this Resolution upon the Authority.

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(21) To adopt, alter or repeal its own by-laws, 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. G. 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. H. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Thomaston, the State of Georgia, nor Upson County. Debt. I. The obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as obligations and interest on the obligations of the Mayor and Council of the City of Thomaston and of Upson County. Bonds. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person or corporation to use or occupy any real estate of the Authority for a period of five 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. 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 the City of Thomaston and to Upson County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. Property. K. The books and records of the Authority shall be

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audited at the expense of the Authority, by a competent independent auditor, whenever requested by either the Board of Commissioners of Roads and Revenue of Upson County or by the Mayor and Council of the City of Thomaston, but not more often than annually and whenever such audit shall be made the minutes and records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of Upson County and with the Clerk of the City of Thomaston and shall be available for public inspection. Audits. L. The rights and powers herein conferred upon the Authority are self executing and no enabling act of the General Assembly shall be necessary. Effective date. 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 Thomaston-Upson County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. Against ratification of amendment to the Constitution so as to create the Thomaston-Upson County Industrial 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

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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. NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 112 (House Resolution No. 414-937). A Resolution. Proposing an amendment to the Constitution so as to create the Newton 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. 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 Newton County to be known as the Newton County Industrial Development Authority which shall be an instrumentality of Newton County and a public corporation and which in this amendment is hereby referred to as the `Authority'; Created.

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B. The Authority shall consist of five (5) directors, who shall be eligible for reappointment. The Commissioner of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc., shall appoint themselves or other persons as directors for terms of office concurrent with their respective terms as Commissioner of Roads and Revenues of Newton County, Mayor of the City of Covington, and President of the Covington-Newton County Chamber of Commerce, Inc. The remaining two (2) directors of the Authority shall be appointed by a majority vote of the Commissioner of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc., for terms of five (5) years each and until their successors are duly appointed and qualified. In the event the Commissioners of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc., cannot agree on the appointments of the two (2) directors of the Authority or fail to appoint the other two (2) directors for any reason, then such directors shall be appointed by a majority vote of the Board of Directors of the Covington-Newton County Chamber of Commerce, Inc., for terms of five (5) years each and until their successors are duly appointed and qualified. Vacancies for unexpired terms shall be filled by a majority vote of the Commissioners of Roads and Revenues of Newton County, the Mayor of the City of Covington, and the President of the Covington-Newton County Chamber of Commerce, Inc. A majority of the directors shall constitute a quorum and the majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members, etc. C. The directors of the Authority shall elect (1) of of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer, either of whom may, but need not be, a director of the Authority. The directors shall

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receive no compensation for their services, but shall be reimbused for their actual expenses incurred in the performance of their duties. The Authority shall make bylaws and regulations for its government and may delegate to one (1) or more of its directors or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. The Authority shall have perpetual existence as hereinafter provided. Same. D. The property obligations and the interest obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of Newton County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Bonds. E. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power: (1) to sue and be sued; (2) to adopt and amend a corporate seal; Powers. (3) to make and execute contracts and other instruments necessary to exercise the powers of the Authority, any of which contracts may be made with Newton County or may be made with any one or more municipal corporations in Newton County. Newton County and all municipal corporations therein are hereby authorized to enter into contracts with the Authority; (4) to receive and administer gifts, grants, and devises of any property and to administer trusts; (5) to acquire by purchase, gift or construction of any real or personal property desired to be acquired as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose

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of demolition to make room for such project or any part thereof; (6) to sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (7) to mortgage, pledge, or assign any revenues, income, tolls, charges or fees received by the Authority; (8) to issue bonds for the purpose of providing funds for carrying out the purpose of the Authority; (9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (10) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and the Authority may execute any trust agreement or indenture containing any provisions

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not in conflict with law for the security of such bonds, which 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 upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia in behalf of the State and Newton County and each municipal corporation therein hereby waives any right the State, Newton County or any municipal corporation therein may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Newton County, and the Superior Court of Newton County shall have jurisdiction and the requisite notices shall be published in Newton County. If no exception is filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, such decree shall be final and no appeal may be taken therefrom; (12) to do all things necessary or convenient to carry out the powers expressly conferred by this amendment. F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Newton County and nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Newton County to pay any indebtedness on the interest thereon of the Authority nor to enforce payment thereon against any property of Newton County. Debt. 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

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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. Tort liability. H. 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 exempt. from levy. I. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within Newton 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. J. 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 Newton County, and the scope of its operations shall be limited to the territory embraced within Newton County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Newton County. Further powers. K. 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 State of Georgia or Newton County. Debt. L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Newton County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property

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M. 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. 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 Newton County Industrial Development Authority. Against ratification of amendment to the Constitution so as to create the Newton 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.

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PAULDING COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 113 (House Resolution No. 456-1078). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding 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 is hereby amended by adding at the end thereof the following: The Board of Education of Paulding County shall be composed of one member from each of the five Education Districts and two members from one Education District provided for hereinafter. All members, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Paulding County, Paulding County is hereby divided into six Education Districts. Education District No. 1 shall be composed of all that territory contained within Militia District No. 1080 (Dallas). Education District No. 2 shall be composed of all that territory contained within Militia District No. 942 (Weddington) and Militia District No. 1381 (Hiram). Education District No. 3 shall be composed of all that territory contained within Militia District No. 1003

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(Acorntree), Militia District No. 1043 (California) and Militia District No. 1596 (Roxanna). Education District No. 4 shall be composed of all that territory contained within Militia District No. 951 (Cains), Militia District No. 1087 (Pumpkinvine) and Militia District No. 1218 (Umphries). Education District No. 5 shall be composed of all that terriorty contained within Militia District No. 839 (Nineteenth), Militia District No. 1443 (Tallapoosa) and Militia District No. 1553 (Union). Education District No. 6 shall be composed of all that territory contained within Militia District No. 832 (Burnt Hickory), Militia District No. 1081 (Twentieth), Militia District No. 1207 (Eutah), Militia District No. 1414 (Braswell) and Militia District No. 1554 (Racoon). At the General Election in November of 1966, the seven members of the Board shall be elected as hereinafter provided. Two members shall be elected from Education District No. 1 and one member from each of the remaining Education Districts for terms of two years each and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, members shall be elected for a term of four years at the election in which county officers are elected immediately preceding the expiration of their term of office. All members so elected shall take office on the first day of January immediately following their election. In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board.

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The Board of education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and 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 Paulding County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding 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

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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 BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 114 (House Resolution No. 450-1054). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Screven 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 is hereby amended by adding at the end thereof the following: The board of education of Screven County shall be composed of seven (7) members to be elected from the county at large by the voters of the entire county. In the event this amendment is ratified at the general election in 1964, it shall be the duty of the ordinary of Screven County to issue the call for an election for the purpose of electing the members of the board of education of Screven County created herein. Such call shall be issued within ten (10) days from the date of such ratification and the ordinary shall set the date for such election for a day not less than twenty (20) nor more than thirty (30) days from the date of issuance of the call. It shall be the duty of the ordinary to publish the date of the election and the purpose thereof once a week for two

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weeks immediately preceding the date of the election in the official organ of Screven County. Candidates for membership on the board shall qualify with the ordinary from the date of the issuance of the call up until ten (10) days prior to the date of the election. The four (4) candidates receiving the highest number of votes in such election shall be elected for terms of four (4) years, and until their successors are elected and qualified. The three (3) candidates receiving the next highest number of votes shall be elected for a term of two (2) years, and until their successors are elected and qualified. All seven (7) members will take office January 1, 1965. Successors to the three (3) members elected for two (2) year terms shall be elected at the general election in November, 1966 for terms of four (4) years and until their successors are elected and qualified. All future successors to such members shall be elected at the general election each four (4) years thereafter and shall likewise be elected for terms of four (4) years and until their successors are elected and qualified. Successors to the four (4) members elected for four (4) year terms shall be elected at the general election in November, 1968 for terms of four (4) years and until their successors are elected and qualified. All future successors to such members shall be elected at the general election each four (4) years thereafter and shall likewise be elected for terms of four (4) years and until their successors are elected and qualified. At its first meeting each year the board shall elect one of the members to serve as chairman for that year and until the election of a chairman in the subsequent year. Any member shall be eligible to succeed himself as a member of the board and also as chairman of the board. In the event a vacancy occurs on the board for any reason other than expiration of term of office the remaining members of the board shall elect a person to serve for the unexpired term. The board of education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1964 but the terms of all members

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of such board shall expire at that time and such board of education shall stand abolished. The board created herein shall be the successor to such abolished board and such board and the members thereof shall be subject to all Constitutional and statutory provisions relative to county boards of education and to county board members 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 Screven County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the board of education of Screven 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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JOHNSON COUNTYDEVELOPMENT AUTHORITY, TAX TO PROMOTE INDUSTRY AND AGRICULTURE. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 460-1103). 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 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

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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; 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 said county but there shall be no other disqualification to 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 Johnson County; Property. E. The powers of the Authority shall include but not be limited to, the power: Powers.

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(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; (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease any of its funds and propperty 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 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;

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(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; Debt. 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; Tort liability. H. The members of the Authority shall receive no compensation for their services to the Authority; Compensation of members. 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 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

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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, 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 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. 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

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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 exempt from levy. K. 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 sixty (60) days after such proclamation; 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 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 Johnson County, and the scope of its operation shall be limited to the territory embraced within said county; Same. 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 I of the Constitution of the State of Georgia. Debt. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

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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. 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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HALL COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 462-1108). A Resolution. Proposing an amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment ratified at the General Election in 1960 and found in Georgia Laws 1960, p. 1199, relating to the Board of Education of Hall County, is hereby amended by adding at the end of the aforesaid amendment of 1960 the following new paragraph: The member of the Board of Education of Hall County from the Gainesville School District elected at the General Election in 1964 shall serve for a term of two years. The member of the Board elected from the County at large at said election shall also be elected for two years. The other three members shall be elected for four years as presently provided. Thereafter, all members shall be elected for four years. Future elections shall also be held at the General Election. For the years 1965-66, a Chairman may be elected for two years rather than four as presently provided. 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

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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 the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County. Against ratification of amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of 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 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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CAMDEN COUNTYSTABILIZED TAX PROGRAM. Proposed Amendment to the Constitution. No. 117 (House Resolution No. 382-853). A Resolution. Proposing an amendment to the Constitution, so as to authorize the governing authority of Camden County, Georgia, to bind said county by contract with any corporation, partnership, firm, or individual so as to provide a stabilized property tax program 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 I of the Constitution, relating to powers, limitations, and uniformity of taxation and to exemptions therefrom, is hereby amended by adding a new paragraph at the end thereof, to read as follows: The County of Camden in the State of Georgia is hereby granted authority to bind itself by contract to a stabilized property tax program with any corporation, partnership, firm or individual. 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

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as to grant authority to Camden County, Georgia, to bind itself by contract to a stabilized property tax program. Against ratification of amendment to the Constitution so as to grant authority to Camden County, Georgia, to bind itself by contract to a stabilized property tax 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 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 and certify the result thereof to the Governor, who shall issue his proclamation thereon. CITY OF BRUNSWICKDOWNTOWN BRUNSWICK. Proposed Amendment to the Constitution. No. 118 (House Resolution No. 467-1160). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction

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and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as Downtown Brunswick; limiting such tax millage; 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. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as Downtown Brunswick in the central business district of said city, defined and described according to the well known maps and plan of said city as follows: Created. Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with the westerly line of Newcastle Street; thence running in an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along the easterly line of Newcastle Street to the southerly line of H Street; thence running in an easterly direction along the southerly line of H Street to the eastern line of Reynolds Street; thence running in a southerly direction along the easterly line of Reynolds Street to the southern life of F Street; thence running in an easterly direction along the southern line of F Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town Lot No. 281; thence in an easterly direction along the

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northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thence along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direction along the westerly line of Old Town Lot No. 236 projected westwardly to the western line of Union Street; thence running in a southerly direction along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly direction along the southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot. No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly direction along the northerly line of Old Town Lot No. 68 to the easterly line of Oglethorpe Street; thence running in a southerly direction along the easterly line of Oglethorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly direction would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern

Page 851

line of New Town Lot No. 169 to the point of beginning; B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all property located within the district or area herein defined and delineated as Downtown Brunswick, not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith. 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 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; Tax levy. C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and development of said described central business district and making of long-range plans for such economic development and improvement 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.

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D. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Brunswick, 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. E. 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 property, obligations and interest on other obligations of the City of Brunswick; Obligations of city. F. 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 district or area hereinabove defined as Downtown Brunswick; 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 and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as Downtown Brunswick, which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said district or area and 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 issue notes, obligations and

Page 853

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 Glynn County, the State and any agency, political subdivision 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 economic improvement, development and rehabilitation of the central business district and area hereinabove defined 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; G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of

Page 854

the City of Brunswick within the meaning 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 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. H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of the General Assembly, approved March 31st, 1937, known as the Revenue Certificate Law of 1937, as amended by the Act approved March 14, 1939, as referred to in Article VII, Section VII, Paragraph V, of this Constitution, but shall also include the issuance by said City of revenue bonds to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by the following Acts of the General Assembly: Georgia Laws 1949, page 973, approved February 25, 1949; Georgia Laws 1953, pages 489-491, approved March 4, 1953; and Georgia Laws 1957, page 410, approved March 13, 1957; Bonds. I. 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

Page 855

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 Brunswick, 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 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 for any and all purposes. The terms, conditions, covenants and 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 Glynn County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Georgia Laws 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Georgia Laws 1937, p. 761 et seq., as amended). In the

Page 856

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. Same. J. 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. Property exempt from levy. K. 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. Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor of the State of Georgia. 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 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. Same. N. 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

Page 857

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. Bonds. O. This amendment shall be effective notwithstanding any other provision 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 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 governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as `Downtown Brunswick' to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection

Page 858

therewith; defining the district and area to be known as `Downtown Brunswick'; limiting such tax millage; 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. Against ratification of amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as `Downtown Brunswick' to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, offstreet parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as `Downtown Brunswick'; limiting such tax millage; 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. 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 Article 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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BROOKS COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 119 (House Resolution No. 394-888). A Resolution. Proposing an amendment to the Constitution, so as to provide for the appointment of a county school superintendent by the Brooks County Board of Education; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Provided, however, after the expiration of the term of office of the present elected county school superintendent, the Brooks County Board of Education shall appoint a qualified individual, to serve at the pleasure of the Board, as the county school superintendent for the Brooks County school system. 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 county school superintendent by the Brooks County Board of Education.

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Against ratification of amendment to the Constitution so as to provide for the appointment of a county school superintendent by the Brooks County 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 adopting 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. WACO DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 120 (House Resolution No. 443-1029). A Resolution. Proposing an amendment to the Constitution so as to create the Waco 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: A. There is hereby created a body corporate and politic in the Town of Waco in Haralson County to be known

Page 861

as the Waco Development Authority, which shall be an instrumentality of the Town of Waco 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 Town of Waco. 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. The members shall elect one from among themselves to serve as chairman from year to year. 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 the Town of Waco, Georgia 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,

Page 862

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 Town of Waco and within a radius of 5 miles as measured from the center of said town 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 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

Page 863

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, Haralson County, or Town of Waco. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority. Members. 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 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 Haralson County or the Town of Waco to pay any of the said obligations of said authority. 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 within the territorial limits herein designated. (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 Town of Waco subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in the Town of Waco 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.

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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 the Town of Waco and the scope of its operations shall be limited to the territory embraced within said Town and within a radius of 5 miles as measured from the center of said town. 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 ([UNK]) 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 Waco Development Authority. Against ratification of amendment to the Constitution so as to create the Waco 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. GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 121 (House Resolution No. 416-943). A Resolution. Proposing an amendment to the Constitution so as to create the Gainesville and Hall County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Gainesville and Hall County to be known as the Gainesville and Hall County Development Authority, which shall be an instrumentality of Gainesville and Hall County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of nine members, four to be appointed by the Commissioners of Hall County,

Page 867

four to be appointed by the Commissioners of the City of Gainesville, and one to be elected by the members of the Authority for a full four-year term, who shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly of Georgia, and such additional powers as may be delegated to the Authority by the County of Hall and the City of Gainesville. Members of the Authority shall be residents of Hall County, within or without the municipality located therein. The first appointments shall be for terms of one, two, three and four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. The General Assembly shall provide for appointment of 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. C. All debentures, notes, bonds, and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation as the obligations and interest on the obligations of Gainesville and Hall County. Bonds. 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 obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property, contract rights, 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,

Page 868

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 Gainesville and Hall 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 Gainesville and Hall 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 understaking. (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 Hall County, or the City of Gainesville. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority. Members. 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 in existence or anticipated, 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 agreements 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 Gainesville or of Hall County to pay such bonds or the interest thereon nor to enforce payment thereof against any property of the City of Gainesville or Hall 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 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 Gainesville and Hall 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 Gainesville or Hall 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 Gainesville and Hall County and the scope of its operations shall be limited to the territory

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embraced within said city or county. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. The provisions of this amendment shall supersede an amendment creating the Gainesville and Hall County Development Authority ratified at the November 1962 general election and found in Georgia Laws 1961, p. 600. All actions and proceedings taken under the provisions of any law passed pursuant to the aforesaid amendment are hereby ratified and confirmed in the same manner as if the provisions contained herein had been in effect. The Authority created hereunder shall be the successor to the Authority created pursuant to the aforesaid amendment and shall succeed to all the powers of the Authority created pursuant to the aforesaid amendment and the assets and obligations of such Authority shall be the assets and obligations of the Authority created herein. 1962 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 create the Gainesville and Hall County Development Authority. Against ratification of amendment to the Constitution so as to create the Gainesville and Hall County Development Authority. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the

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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 Hall 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 the result and certify the result to the Governor, who shall, if such amendment be ratified, issue his proclamation thereon. FULTON COUNTYOFFICE OF CORONER ABOLISHED. Proposed Amendment to the Constitution. No. 122 (House Resolution No. 324-729). A Resolution. Proposing an amendment to the Constitution so as to provide for the abolition of the office of Coroner of Fulton County and the creation of the office of Medical Examiner of Fulton County and 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 I, Paragraph VI, of the Constitution is hereby amended by adding at the end thereof the following: And the General Assembly may abolish the office of Coroner of Fulton County, may create the office of Medical Examiner of Fulton County, prescribing the powers, duties and functions of such office all without respect to uniformity.

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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, the same shall have been entered upon their journals with 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 ballots admitting 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 the office of Coroner of Fulton County and create the office of Medical Examiner of Fulton County. Against ratification of the amendment to the Constitution so as to authorize the General Assembly to abolish the office of Coroner of Fulton County and to create the office of Medical Examiner of Fulton 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 of the amendment. 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, WATER, ETC. DISTRICTS. Proposed Amendment to the Constitution. No. 123 (House Resolution No. 365-828). 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 approve 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 heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption

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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. HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 124 (House Resolution No. 452-1060). A Resolution. Proposing an amendment to the Constitution so as to create the Habersham 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. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX, Paragraph I of the

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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 Habersham to be known as the Habersham County Industrial Development Authority, which shall be an instrumentality of the County of Habersham 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 as follows: three members shall be the three members of the Board of Commissioners of Roads and Revenue of Habersham County; one member shall be the President of the City of Clarksville Chamber of Commerce; one member shall be the President of the Habersham County Junior Chamber of Commerce; one member shall be the President of the City of Demorest Cornelia Chamber of Commerce; and one member shall be the President of the City of Demorest Civic Club. The terms of office of the members shall run concurrently with their respective terms as members of the Board of Commissioners of Roads and Revenue of Habersham County or as Presidents of the organizations enumerated, whichever the case may be, and their respective successors shall succeed them as members of the Authority. Five members shall constitute a quorum, and a majority of said quorum may act for the Authority in any matter, including the filling of vacancies by a majority vote appointing a new member. No vacancy, or vacancies, shall impair the power of the Authority to act, and in the event of several vacancies, then the remaining members shall constitute a quorum. The Chairman of the Board of Commissioners of Roads and Revenue of Habersham County shall act as presiding officer at meetings of the members of the Authority, and in his absence the members present shall appoint one of their number to act as presiding officer. Members, etc. 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 the County of Habersham except

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such buildings, land and equipment purchased by the Authority and found in industrial use at the time of the adoption of this amendment. Property. D. The county of Habersham by and through the authority of the Board of Commissioners of Roads and Revenue is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed one (1) mill for the purpose of establishing a fund to be set aside, transferred to, or used by said Authority for the general purposes of the Authority as herein prescribed. Funds. E. 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; (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; Powers. (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 the 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 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 County of Habersham 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

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within the limits of Habersham 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 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 of the governing body of the County of Habersham. 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;

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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. F. 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 Habersham. Debt. G. The members of the Authority shall receive no compensation for their services to the Authority. Members. H. 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 County of Habersham to pay any such bonds or the interest thereon nor to enforce payment thereof against the property of the County of Habersham. Bonds. I. The Authority may authorize additional bonds, for

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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. J. 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 County of Habersham; (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. Same. K. 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. L. 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 County of Habersham, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. M. 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 the minutes and records of the same shall be filed with the clerk of the Board of Commissioners of Roads and Revenues of Habersham County and shall be available for public inspection. Audits.

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N. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the County of Habersham 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. O. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall take office within thirty (30) days after such proclamation. Effective date. P. 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 County of Habersham 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. Further 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 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 Habersham County Industrial Development Authority. Against ratification of amendment to the Constitution

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so as to create the Habersham 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. MUSCOGEE COUNTYSCHOOL TAXES. Proposed Amendment to the Constitution. No. 125 (House Resolution No. 401-895). A Resolution. Proposing an amendment to the Constitution so as to provide that the homestead exemption shall be applicable for school purposes in Muscogee County to certain persons sixty-five (65) years of age or over; 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. Paragraph II of Section VII of Article VIII, which Paragraph II was added by an amendment relating to the merger of the independent school system of the City of Columbus and the school system of Muscogee County (Ga. L. 1947, p. 1768), and which was ratified at the general election in November, 1948, is hereby amended by striking the second paragraph of said Paragraph II, which reads as follows: The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation on such rate, as the General Assembly may provide, for the support of said school system. Property taxed for support of said school system shall not be subject to the privileges

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of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution., and inserting in lieu thereof a new second paragraph to read as follows: The said act or acts of the General Assembly shall authorize the levying of ad valorem taxes, uniform throughout said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system. Except as hereinafter provided, property taxes for support of said school system shall not be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution. The preceding sentence shall not be applicable to the homestead of an owner who is sixty-five (65) years of age or over and who does not have an income from any source exceeding thirty-six hundred ($3,600) dollars per annum. Such homestead must be actually occupied by the owner thereof and used as a residence by such owner. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the Tax Commissioner of Muscogee County giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to such exemption. The Tax Commissioner shall provide affidavit forms for this 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.

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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 provide that the homestead exemption shall be applicable for school purposes in Muscogee County to certain persons sixty-five (65) years of age or over. Against ratification of amendment to the Constitution so as to provide that the homestead exemption shall be applicable for school purposes in Muscogee County to certain persons sixty-five (65) years of age or over. 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. MADISON COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 126 (House Resolution No. 378-840). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Madison County by the people; to provide for their qualifications; to provide for their terms of office;

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to provide for educational districts; 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 the County Boards of Education is hereby amended by adding at the end thereof the following: The Board of Education of Madison County shall be composed of five members to be elected in accordance with the procedure set out hereinafter. For the purpose of electing members of the Board of Education of Madison County, said county shall be divided into five educational districts. Educational District No. 1 shall be composed of all that territory contained within Militia District Nos. 383 (Pitman) and 262 (Pocataligo). Educational District No. 2 shall be composed of all that territory contained within Militia District Nos. 438 (Mill) and 591 (Harrison). Educational District No. 3 shall be composed of all that territory contained within Militia District Nos. 205 (Brookline) and 382 (Grove Hill). Educational District No. 4 shall be composed of all that territory contained within Militia District No. 204 (Danielsville). Educational District No. 5 shall be composed of all that territory contained within Militia District Nos. 203 (Fork) and 1616 (Collins). One member from each of said educational districts shall be elected to the Board by a majority of the qualified voters voting in his respective educational district only. To be eligible to represent a district on the Board, candidates must reside within said educational district. The Board shall elect one of its members to serve as Chairman of the Board of Education of Madison County. His term of office as Chairman shall coincide with his respective term of office on the Board. Not later than ten (10) days after the ratification of this amendment, it shall be the duty of the Ordinary

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of Madison County to issue the call for an election for the purpose of electing the members of the Board of Education of Madison County herein provided for. The day of such election shall be set for a day not less than fifteen (15) nor more than thirty (30) 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 at least once immediately preceding the date thereof in the official organ of Madison County. The members elected to the Board at said election shall take office on January 1, 1965, and shall serve until December 31 of the year in which their respective terms of office shall expire. Those members of the Board elected from District Nos. 1 and 2 shall serve for a term of two years and until their successors are duly elected and qualified. Those members on the Board elected from District Nos. 3, 4, and 5 shall serve for a term of four years and until their successors are duly elected and qualified. Thereafter all successors to the members of the Board of Education of Madison County shall be elected in the General Election conducted in the year in which the respective terms of office shall expire and shall take office on January 1 of the following year and shall serve for a term of four years and until their successors are duly elected and qualified. The Board of Education of Madison County, in effect at the time of ratification of this amendment, shall be abolished effective December 31, 1964, and the terms of office of the members of said Board shall expire on said date. The Board created herein shall be the successor to such abolished Board and shall be vested with all the rights, powers, duties and authority possessed by said abolished 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

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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 the Constitution so as to provide for the election of the members of the Board of Education of Madison 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 Madison 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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DEKALB COUNTYSTREETS, SIDEWALKS, ETC. WITHIN MUNICIPALITIES. Proposed Amendment to the Constitution. No. 127 (House Resolution No. 421-976). A Resolution. To propose to the qualified voters of Georgia an amendment to Article VII, Section IV, Paragraph II, of the Constitution of Georgia of 1945 to provide that the General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located inside the corporate limits of any municipality lying wholly within said county except the City of Decatur, where the lots have been subdivided with frontages of 125 feet or less and to assess the cost thereof pro rata on a footage basis against the property provided the owners of 51% of the property abutting such improvements shall consent thereto in writing and the municipality shall request said improvements and to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Article VII, Section IV, Paragraph II of the Constitution of Georgia of 1945 be amended by adding thereto the following: The General Assembly may grant to the governing authority of DeKalb County the right to provide for the construction and maintenance of streets, sidewalks and curbing within any subdivision of the county located inside the corporate limits of any municipality lying wholly within said County except the City of Decatur, where the lots have been subdivided with frontages of 125 feet

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or less and to assess the costs thereof pro rata on a footage basis against the abutting property, provided the owners of 51% of the property abutting such improvements shall consent thereto in writing and the municipality shall request such improvements by the County and to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property. Section 2. Be it further enacted 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 and submitted to the qualified voters of Georgia for ratification or rejection at the next general election at which constitutional amendments may be voted on. 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 the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to make street, sidewalk and curbing improvements in municipalities lying wholly within said County, except the City of Decatur and to assess the cost against the abutting property creating a lien thereon with the approval in writing of the owners of 51% of the property affected and the governing authority of the municipality and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against the ratification of the amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to make street, sidewalk and curbing improvements in municipalities lying wholly within said County, except the City of Decatur and to assess the cost against the abutting property creating a lien thereon with the approval in writing of the owners of 51% of the property affected and the governing authority of the municipality. If adopted, the result shall be declared and said amendment shall become a part of Article VII, Section IV, Paragraph II of the Constitution

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of the State of Georgia, and the Governor shall make a proclamation therefor, as provided by law. Section 3. All laws and parts of laws in conflict with the Act be and the same are hereby repealed. FULTON COUNTYSTADIUM IN CITY OF ATLANTA. Proposed Amendment to the Constitution. No. 128 (House Resolution No. 451-1060). A Resolution. Proposing an amendment to Article XI of the Constitution of the State of Georgia of 1945 as to authorize Fulton County to co-operate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith, and for other purposes: Be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of the same: Section 1. Article XI of the Constitution of the State of Georgia of 1945, as amended, be further amended by adding at the end thereof the following provision: Paragraph XI: Notwithstanding any other provision of this Constitution, Fulton County is hereby authorized to co-operate with the City of Atlanta, or any authority now in existence or hereafter created, to construct a stadium and related facilities within the corporate limits of the City of Atlanta, and to that end is hereby authorized to contract with said city and any such authority for the purpose of paying up to one-third of the amount necessary to retire the principal of and the interest on any obligations issued to finance the construction of any such stadium and related facilities.

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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 Fulton County to co-operate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith. Against ratification of amendment to the Constitution so as to authorize Fulton County to co-operate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection 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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COLQUITT COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 129 (House Resolution No. 434-1007). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the 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 is hereby amended by adding at the end thereof the following: The Board of Education of Colquitt County shall be composed of one member from each of the five Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Moultrie. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Colquitt County, must have resided in Colquitt County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Colquitt County, Colquitt County is hereby divided into five Education Districts. Education District No. 1 shall be composed of all that territory contained within that part of Militia District No. 1151 (Moultrie) which is outside the corporate limits of the City of Moultrie as said corporate

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limits now exist or may hereafter exist. Education District No. 2 shall be composed of all that territory contained within Militia District No. 1759 (Funston), Militia District No. 799 (Bridge Creek), Militia District No. 1538 (Hamilton) and Militia District No. 1510 (Hartsfield). Education District No. 3 shall be composed of all that territory contained within Militia District No. 1582 (Doerun), Militia District No. 1549 (Monk), Militia District No. 1373 (Mill Creek) and Militia District No. 1482 (Thigpen). Education District No. 4 shall be composed of all that territory contained within Militia District No. 1445 (Autreyville), Militia District No. 1769 (Murphy), Militia District No. 1020 (Robinson) and Militia District No. 1684 (Lee). Education District No. 5 shall be composed of all that territory contained within Militia District No. 1665 (Norman Park), Militia District No. 1617 (Crosland), Militia District No. 1374 (Ty Ty) and Militia District No. 1184 (Warrior). At the General Election in November of 1966 the five members of the Board shall be elected for terms as hereinafter provided. The members elected from Education Districts 1, 2 and 3 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts 4 and 5 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elected for terms of four years. The members from Districts 1, 2 and 3 shall be elected at the General Election in 1970 and at the General Election each four years thereafter. The members from Districts 4 and 5 will be elected at the General Election in 1968 and at the General Election each four years thereafter. All members shall take office on the first day of January immediately following their election. In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member

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moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and 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. The Board of Education created herein shall appoint the County School Superintendent who shall serve at the pleasure of the Board. The person elected as County School Superintendent in 1964, or his successor, shall serve through December 31, 1968 and the Board shall appoint a Superintendent who shall take office January 1, 1969. The Superintendent shall serve at the pleasure of the Board. No election of a County School Superintendent by the people shall be held in 1968. The County School Superintendent appointed by the Board shall be subject to all Constitutional and 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

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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 the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the Board. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County 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.

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CITY OF THOMASTONOPERATION, ETC. OF WATER, SEWERAGE AND ELECTRIC SYSTEMS. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 361-816). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and electric system of said city as one revenue undertaking and to issue revenue bonds for the purpose of acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of said bonds and interest thereon by pledging the revenues of such combined public utility for that purpose; to provide the method and procedure for the issuance of said bonds to empower said city to contract with and indemnify users (both within and without the limits of said city) of said system; to provide the effective date of this amendment; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution incorporated in the Code of Georgia of 1933 as Section 2-6005, shall be amended by adding at the end thereof a new paragraph which shall read as follows: 3. Notwithstanding any provisions of this Constitution to the contrary the City of Thomaston and its governing authority are authorized and hereby empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said city and to maintain, repair, and operate such combined public utility as one revenue producing undertaking and to serve, with any or all the facilities of said combined utility any and all persons, firms, corporations, municipalities and political

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subdivisions (located either within or without the limits of said city) and to enter into contracts to provide such services to such persons, firms, corporations, municipalities and political subdivisions and to agree by contract to indemnify any of such users of said facility for any and all liability for damages incurred by or devolving upon said users as a result of the operation, construction, maintaining and use by said city of any facility of said combined utility and to issue from time to time interest bearing revenue anticipation obligations to be known and designated as `Public Utilities Revenue Bonds' for the purpose of acquiring, constructing, adding to, extending, improving and equipping any facility of such combined utility and to pledge for the payment of the principal of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combined public utility shall not be a debt of the City of Thomaston within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as authorized by law and maturing within thirty (30) years from their date in the years and amounts as determined by a majority vote of the governing body of the City of Thomaston and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the `Revenue Certificate Law of 1937.' The rights, powers, and authority herein conferred upon the City of Thomaston and its governing authority are self-executing and no enabling act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of 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, 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 Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City and to issue revenue bonds for acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the [Illegible Text] utility for that purpose. Against [Illegible Text] of amendment to Article VII, [Illegible Text] VII, Paragraph V of the Constitution so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City and to issue revenue bonds for acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. 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

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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. JONES COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 131 (House Resolution No. 383-853). 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 Jones County by the people; to provide for the [Illegible Text] and terms of office; to provide for the submission of this amendment for ratification or rejection; and for [Illegible Text] 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: There is hereby created a new board to be known as the Board of Education of Jones County, which shall have the same powers and duties as the present county board. The County of Jones shall compose one (1) school district and shall be confined to the control and management of the Board of Education of Jones County. The

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Board of Education of Jones County shall consist of five (5) at large members who shall be elected by the qualified voters of the entire county for terms of office of four (4) years each and until their successors are elected and qualified. The five (5) candidates receiving the highest number of votes shall be deemed elected. The board shall elect a Chairman from among its members at its first regular meeting after the beginning of each new four (4) year term. Any vacancy occurring in the membership of the Board of Education of Jones County, for any cause whatsoever, shall be filled by the majority vote of the remaining members of the Board of Education. 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 the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the Board who has not been a resident of Jones County for at least one year immediately preceding the date of his election to said Board, and unless such person is a freeholder. Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Jones County to issue the call for an election for the purpose of electing the members of the Board of Education of Jones 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 Jones County. All members elected at such election shall take office January 1, 1965, and their term of office shall expire on December 31, 1968. The successors to such members shall be elected for a term of four years and shall be elected at the same time that county officers of Jones County are elected.

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The Board of Education of Jones County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1964, and the term of office of the members of such Board shall expire on such date. 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 Jones 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 Jones 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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DUBLIN-LAURENS SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 132 (House Resolution No. 417-968). A Resolution. Proposing an amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Effective at the time and in the manner provided hereinafter, there is hereby created the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County. There is hereby created the Board of Education of the Dublin-Laurens School System. Said Board shall be composed of seven (7) members as follows: three members shall be residents of the City of Dublin; one member shall be a resident of the First Road District outside the corporate limits of the City of Dublin; one member shall be a resident of the Second Road District; one member shall be a resident of the Third Road District; and one member shall be from the County at large. All members shall be elected by the voters of the entire County. For the purposes of this provision the Road Districts shall remain as constituted at the time of the ratification of this amendment unless specifically provided otherwise by an Act of the General Assembly relative to the Dublin-Laurens School System. The terms, compensation, manner of election, time of election, powers, duties, authority, and all other matters relative to

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said Board shall be provided by law. The independent school system of the City of Dublin and the board of education thereof, and the county school system of Laurens County and the board of education thereof, shall continue to exist until July 1, 1965, on which date the Dublin-Laurens School System and the board of education thereof shall come into existence. The board shall elect the school superintendent of the Dublin-Laurens School System. The school superintendent of the independent school system of the City of Dublin and the county school superintendent of the county school system of Laurens County shall continue to serve as such and such offices shall continue to exist until July 1, 1965, upon which date the office of school superintendent of the Dublin-Laurens School System shall come into existence. The governing authority of Laurens County is hereby authorized to levy a tax for the support and maintenance of education of not more than 25 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education. The General Assembly, at the regular 1965 session, shall provide by local law for all matters relative to the Dublin-Laurens School System, the board of education thereof, and the superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education and county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Dublin-Laurens School System. Even though the merged system and the board and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1965, the

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General Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. In the event the General Assembly at the 1965 session, does not enact legislation pursuant to this amendment, the new system shall not come into existence on July 1, 1965, but shall come into existence on the first day of July immediately following the date on which legislation is enacted to implement this amendment. Until such time, the two systems to be merged and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been ratified. 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 Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County. Against ratification of amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens 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

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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. COWETA COUNTYFIRE, WATER, ETC. DISTRICTS. Proposed Amendment to the Constitution. No. 133 (House Resolution No. 408-927). A Resolution. Proposing an amendment to the Constitution so as to provide that the governing authority of Coweta County may establish water, sanitation, sewerage and fire protection districts in Coweta County; may administer water, sanitation, sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article II, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of the County of Coweta is hereby given the authority and power to establish and

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administer within the bounds of the County of Coweta water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the 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 five mills upon the valuation of the property located in any such district. 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 of the County of Coweta, and only those voters residing in such district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Coweta County may issue under Article VII, Section VII, Paragraph I of the Constitution for other 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 the taxes herein authorized and provided for, either for the operation

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and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Coweta shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this state. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of 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 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 and empower the governing authority of the County of Coweta to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith. Against ratification of amendment to the Constitution so as to authorize and empower the governing authority of the County of Coweta to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection 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

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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. CHATTOOGA COUNTY BOARD OF EDUCATIONAUTHORITY TO BORROW MONEY. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 465-1141). A Resolution. Proposing an amendment to the Constitution so as to authorize the County Board of Education of Chattooga 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 Chattooga County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and related facilities, and pledge the

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building funds which will or may be forthcoming to Chattooga County from the State of Georgia through the minimum foundation program for education as security and payment therefor. 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 County Board of Education of Chattooga 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 Chattooga 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 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.

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OCONEE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 379-840). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Oconee County by the people; to provide for the election of the Chairman of the Board of Education; to provide for filling 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 Oconee 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 Oconee 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 Oconee County, for any cause whatsoever, shall be filled by the majority vote of the remaining members of the Board of Education. In the event this amendment is ratified, the first

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election for members of the Board of Oconee County created herein shall be at the same time as the general election in 1966. The persons elected at such first election shall take office on January 1, 1967, for terms of office of two (2) years each and until their successors are elected and qualified. The second election for members of the Board of Education of Oconee County shall be held at the same time as the election for county officers of Oconee County is held in 1968. The persons elected at such second election shall take office on January 1, 1969, for terms of office of four (4) years each and until their successors are elected and qualified. An election shall be held quadrennially thereafter for membership on the Board of Education of Oconee County at the same time as the election for county officers is held and the persons elected shall take office on the first day of January immediately following the election for terms of office of four (4) years each and until their successors are elected and qualified. The Board of Education in Oconee County in existence at the time of ratification of this amendment is hereby abolished December 31, 1966, and the terms of all members of such Board shall expire at that time. The Board of Education of Oconee 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:

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For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Oconee County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Oconee 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. CLINCH COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 136 (House Resolution No. 430-994). A Resolution. Proposing an amendment to the Constitution so as to create the Clinch County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the

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Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Clinch County to be known as the Clinch County Development Authority, which shall be an instrumentality of Clinch 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 Clinch Industrial Committee, the Chairman of the Clinch County Commission, and the Mayor of the City of Homerville 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 Clinch 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 Clinch 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 Clinch 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

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to operate any industrial plant or establishment within Clinch 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 Clinch 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 the 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 of industry, agriculture, trade and commerce in Clinch 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. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against

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the State of Georgia or Clinch County; Debt. 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; Tort liability. G. The members of the Authority shall receive no compensation for their services to the Authority; Members. H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Clinch 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 Clinch County are authorized to levy a tax not exceeding one (1) mill per dollar of assessed valuation 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 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 not subject to levy.

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K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Clinch County and its citizens, industry, agriculture and trade within the County of Clinch, and making long range plans for such development and expansion and to authorize the use of public funds of Clinch 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 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 Clinch County, and the scope of its operations shall be limited to the territory embraced within Clinch County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Clinch County. Further powers. 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 Clinch County. Debt. 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 Clinch County Development Authority. Against ratification of amendment to the Constitution so as to create the Clinch 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. HABERSHAM COUNTYNOTICES OF PROPOSED LOCAL LEGISLATION. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 393-888). A Resolution. Proposing an amendment to the Constitution so as to provide that the notice of the intention to apply for local legislation which affects Habersham County, or any policital subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County; 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 III, Section VII, Paragraph XV of the Constitution relating to the publication of the notice of the intention to apply for local legislation is hereby amended by adding at the end thereof the following: Any provision in this Paragraph to the contrary notwithstanding, the notice of the intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County if such newspaper has been in publication at least five (5) 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 notice of intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County. Against ratification of amendment to the Constitution so as to provide that the notice of intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County. 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 not 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 COUNTYGARBAGE COLLECTION DISTRICTS. Proposed Amendment to the Constitution. No. 138 (House Resolution No. 437-1020). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to empower the General Assembly to authorize the Governing Authority of Cobb County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating a system of garbage collection within said county; to levy taxes and/or assessments or service charges or fees for construction, maintenance and operation of same without exemptions; to authorize said Governing Authority to levy taxes at different rates according to the size of facilities using said garbage disposal system and to levy taxes at different rates among such businesses; to authorize the levying of taxes at different rates among the different districts so established; to provide for the submission of this amendmend for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia:

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Section 1. Article VIII, 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 General Assembly is hereby empowered to authorize the Governing Authority of Cobb County, Georgia, to establish districts for the purpose of building, erecting, establishing, maintaining and operating within Cobb County a system of garbage collection and disposal. For the carrying out of these purposes, the General Assembly may further authorize said Governing Authority to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemptions for the aforesaid purposes or make service charges or fees against all business and residents served by said facilities, as said Governing Authority shall deem necessary for the services rendered. The General Assembly may further authorize the Governing Authority to establish rates and charges for said businesses and residents served by said facilities and the same may be levied in differing amounts and rates in each of the districts so established, and in differing amounts and rates according to the type of person, persons, or businesses being served by said facilities. The taxes and/or special assessments or fees which may be provided for may be collected by the Tax Collectors of said county, and may be enforced by the issuance of fi fas or executions for said charges in the same manner and with the lien dignity and priority as fi fas and executions are issued for State and County taxes. The General Assembly may authorize the Governing 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 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 empower the General Assembly to authorize the Governing Authority of Cobb County, Georgia, to provide for the establishment, maintenance and operation of garbage collection districts within Cobb County and to levy taxes and/or assessments or fees to carry these projects into effect. Against ratification of amendment to the Constitution so as to empower the General Assembly to authorize the Governing Authority of Cobb County, Georgia, to provide for the establishment, maintenance and operation of garbage collection districts within Cobb County and to levy taxes and/or assessments or fees to carry these projects into effect. 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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TALLAPOOSA DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 139 (House Resolution No. 431-994). A Resolution. Proposing an amendment to the Constitution so as to create the Tallapoosa 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: A. There is hereby created a body corporate and politic in the City of Tallapoosa in Haralson County to be known as the Tallapoosa Development Authority, which shall be an instrumentality of the City of Tallapoosa 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 Tallapoosa. 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. The members shall elect one from among themselves to serve as chairman 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

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from taxation as the property, obligations and interest on the obligations of the City of Tallapoosa, 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 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 Tallapoosa 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,

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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 and debt, liability or obligation against the [Illegible Text], Haralson County, or City of Tallapoosa. Debt. F. The members[Illegible Text] Members. G. In order to finance any undertaking with [Illegible Text] 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

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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 either Haralson County or the City of Tallapoosa to pay any of the said obligations of said authority. 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 [Illegible Text] that: Same. (1) The undertaking [Illegible Text] (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.

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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 Tallapoosa subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. 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 Tallapoosa 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 dates. 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 Tallapoosa 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. Further powers. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds ([UNK]) of the members elected to each of the two branches of the General Assembly, and the same has been entered on their

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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 Tallapoosa Development Authority. Against ratification of amendment to the Constitution so as to create the Tallapoosa 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. WARE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 140 (House Resolution No. 500-1232). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the people and for the appointment

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of the County School Superintendent of Ware County by the 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 is hereby amended by adding at the end thereof the following: The Board of Education of Ware County shall be composed of one member from the county at large and one member from each of the four Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county with the exception of those voters residing in the corporate limits of the City of Waycross. For the purpose of electing the members of the Board of Education of Ware County, Ware County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained in the Wacona Elementary School District, Education District No. 2 shall be composed of all that territory contained in the Emerson Park and Memorial Drive School District. Education District No. 3 shall be composed of all that territory contained in the Waresboro and Pinecrest School District. Education District No. 4 shall be composed of all that territory contained in the Millwood and Manor School Districts. At the General Election in November of 1966, the five members of the Board shall be elected for terms as hereinafter provided. The members elected from the county at large and from Education Districts Nos. 1 and 2 shall be elected for terms of four years and until their successors are elected and qualified. The members elected from Education Districts Nos. 3 and 4 shall be elected for terms of two years and until their successors are elected and qualified. All such members shall take office January 1, 1967. Thereafter, all members shall be elected for terms of four years and until their successors are elected and qualified, and shall be elected at the General Election in the year of

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the expiration of their terms of office. All members shall take office on the first day of January immediately following their election. In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year, the members of the Board shall elect one of their number to serve as Chairman for that year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1966, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and 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:

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For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County by the Board. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the people and for the appointment of the County School Superintendent of Ware County 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. LISTS OF REGISTERED VOTERS RESIDING IN CITY OF MACON. Proposed Amendment to the Constitution. No. 141 (House Resolution No. 482-1200). A Resolution. To propose an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be

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situated to furnish the registrar of the City of Macon upon request a complete written list of the name, address, age and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish additions and deletions thereto upon request. Be it resolved by the General Assembly of the State of Georgia, and it is so resolved as follows: Section 1. That Article XI, Section I, Paragraph VI of the Constitution of Georgia, ratified in the general election of August 7, 1945, as the same may have been heretofore or contemporaneously with ratification hereof, amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the Board of registrars of any county in which any part of the City of Macon is situated shall within fifteen days after a request therefor by the registrar of the City of Macon, furnish said registrar a complete written list giving the name, address, and ward of each registered voter of said County who resides in the City of Macon. If the registrant has resided in the City of Macon less than three months, the list shall reflect the length of such residence. Thereafter, within fifteen days after request therefor by the registrar of the City of Macon, the board of registrars of said counties shall furnish the registrar of the City of Macon a list of additions and deletions to the current list or a new and revised list, furnishing said city registrar the information relative to additions which is necessary in order to revise the city voters list to reflect voters eligible to vote on a cut off date designated by the city registrar. The City of Macon shall reimburse the County authorities for furnishing such lists and the additions and deletions thereto, the price to be paid to be mutually agreed upon or determined by arbitration as provided in Chapter 7-2 of the Georgia Code Annotated.

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The action of any board of arbitrators shall be conclusive and the compensation awarded by it shall be paid. Section 2. That when this amendment shall have been agreed to by the requisite two-thirds of the members elected to each of the two houses of the General Assembly, it shall be entered on their journals with the years and nays taken thereon, it shall be published as required by law in such cases and submitted to the qualified voters for ratification or rejection at the next general election at which constitutional amendments may be voted on. The ballot submitting the above proposed amendment shall have written or printed thereon the words: For ratification of amendment of Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to furnish the registrar of the City of Macon upon request a complete written list of the name, address, and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish additions and deletions thereto upon request, and providing for payment for such services. and the words: Against ratification of amendment of Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to furnish the registrar of the City of Macon upon request a complete written list of the name, address, and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish additions and deletions thereto upon request, and providing for payment for such services. All qualified electors desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all qualified electors 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 Bibb County, Jones 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 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, if such amendment be ratified, make proclamation thereof. CITY OF SANDERSVILLETAX TO PROMOTE INDUSTRY, ETC. Proposed Amendment to the Constitution. No. 142 (House Resolution No. 517-1260). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington 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 V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Sandersville is hereby authorized to levy a tax, in addition to any other tax now or hereafter levied, not to exceed five (5) mills, on all the taxable property in the City, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington

Page 935

County. Such fund may be used to pay traveling, advertising and promotional expenses and any other type expenses necessary for such purpose. The governing authority is hereby specifically authorized to provide for the use, for such purposes, of all or any part of such fund by any public development authority created for Washington County, or any other organization. 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 governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington County. Against ratification of amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington 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

Page 936

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 COUNTYINCINERATORS AND REFUSE FACILITIES. Proposed Amendment to the Constitution. No. 143 (House Resolution No. 472-1169). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, equip, maintain and operate incinerators, garbage and refuse facilities; to prescribe and revise rates and to collect fees, tolls and charges for the use thereof; to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations, private corporations, and private persons for the use thereof; to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping such incinerator, garbage and refuse facilities; 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. The Constitution is hereby amended by adding at the end of Article VII, Section VII, Paragraph V, the following: Anything in this Constitution to the contrary notwithstanding, Cobb County, Georgia, is hereby authorized to acquire, construct, add to, improve, equip, maintain and

Page 937

operate incinerator, garbage and refuse facilities of every kind and character and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping incinerator, garbage and refuse facilities, including, but not limited to, all buildings, structures and equipment useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, and paying all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of 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, and when so validated thereunder shall be forever incontestable and conclusive in every respect. Section 2. This amendment is self-enacting and does not require any enabling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amendment. Effective date, etc. 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 an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of

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Georgia so as to authorize Cobb County to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. Against ratificationof of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, add to, improve, equip, maintain, and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. 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 Article XIII, Section I, Paragraph I of the Constitution, as amended, 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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INCREASED HOMESTEAD EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OLDER. Proposed Amendment to the Constitution. No. 144 (House Resolution No. 406-917). A Resolution. Proposing an amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age; 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 IV of the Constitution, relating to exemption from taxation, is hereby amended by adding at the end thereof a new paragraph to read as follows: Each person who is sixty-five (65) years of age or over and who does not have an income from all sources exceeding $3,000.00 per annum is hereby granted an exemption of $4,000.00 on his homestead which he owns and which he actually occupies as a residence, such exemption being from all State and county ad valorem taxes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he receives and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. The increased exemption provided for herein shall apply to all taxable years beginning after December 1, 1964.

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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 provide for increased homestead exemption for certain persons sixty-five (65) years of age or over. Against ratification of amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age or over. 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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LAURENS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 145 (House Resolution No. 485-1207). A Resolution. Proposing an amendment to the Constitution so as to provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election; 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 V, Paragraph I, of the Constitution, as amended by an amendment relating to the election of members of the Board of Education of Laurens County ratified at the November 1962 General Election, found in Georgia Laws 1962, in p. 1168, is hereby amended by adding at the end of the aforesaid amendment of 1962 a new paragraph to read as follows: The members of the Board of Education of Laurens County elected in 1964 shall take office on January 1, 1965. In the event such Board continues to exist, all future members shall take office on the first day of January immediately following their election. The members of the present Board of Education who are serving at the time of the ratification of this amendment shall continue to serve through December 31, 1964. The new Board of Education shall be subject to all constitutional and statutory provisions relating to county boards of education, unless such provisions are in conflict with the provisions of the 1962 amendment relating to the Board of Education of Laurens County or this amendment thereto. Terms of Members. 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 provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election. Against ratification of amendment to the Constitution so as to provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following 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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ROCKDALE COUNTYDEBT LIMITATION. Proposed Amendment to the Constitution. No. 152 (House Resolution No. 381-840). A Resolution. Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale 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 I of the Constitution is hereby amended by adding at the end thereof the following: Effective January 1, 1965, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in lieu of the seven per centum limitation heretofore prescribed in this Paragraph. 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 the debt limitation of Rockdale County. Against ratification of amendment to the Constitution so as to increase the debt limitation of Rockdale County.

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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. REPAYMENT OF LOANS OR SCHOLARSHIPS FOR MEDICAL EDUCATION. Proposed Amendment to the Constitution. No. 153 (House Resolution No. 404-917). A Resolution. Proposing an amendment to the Constitution so as to provide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive; 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 (Ga. L. 1951, p. 861), an amendment ratified at the general election in 1960 (Ga. L. 1960, p. 1300), and an amendment ratified at the general election in 1962 (Ga. L. 1962, p. 1039), is hereby amended

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by striking from the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960 and 1962 amendments 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., 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 the United States Decennial Census of 1960 or any future such decennial 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. Credit for practice at Milledgeville State Hospital or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received., Retroactive. 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

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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 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 the United States Decennial Census of 1960 or any future such decennial 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. Credit for practice at Milledgeville State Hospital or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit

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he would have received. 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 that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans and scholarships shall be retroactive. Against ratification of amendment to the Constitution so as to provide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans or scholarships shall be retroactive. 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. TOCCOA-STEPHENS COUNTY BUILDING AND PARKS AUTHORITY. Proposed Amendment to the Constitution. No. 154 (House Resolution No. 468-1160). A Resolution. Proposing an amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue revenue bonds; 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. Toccoa-Stephens County Building and Parks Authority There is hereby created a body corporate and politic to be known as the Toccoa-Stephens County Building and Parks Authority which shall be 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 shall consist of five (5) members; one of whom shall be the Mayor of the City of

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Toccoa or a member of the City Council of Toccoa; one of whom shall be a freeholder and qualified registered voter of said City, selected by the governing body of that City; one of whom shall be a member of the Board of Commissioners of Roads and Revenues of Stephens County, Georgia; one of whom shall be a freeholder and qualified registered voter residing outside the corporate limits of the City of Toccoa, selected by the governing body of said County; and the fifth member shall be selected by the four above designated members, and must be a freeholder and qualified registered voter of Stephens County who may reside within or without the corporate limits of the City of Toccoa. The term of office of members of said Authority as to the Mayor of the City of Toccoa and Chairman of the Commissioners of Roads and Revenues of Stephens County shall be for the same term that they are acting in their respective official capacities. The other three members of the Authority shall hold office for a term of four years and until their successors shall be selected and appointed. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice Chairman and it may also elect a Secretary and Treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of $100 per year, except the Chairman, who shall receive $300 per year, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. B. Definitions . As used herein the following words and terms shall have the following meanings: (1) The word `Authority' shall mean the Toccoa-Stephens County Building and Parks Authority.

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(2) The words `City of Toccoa' and `City' shall mean the corporate body created by the General Assembly of Georgia under the name and style of `The City Council of Toccoa'. (3) The word `project' shall be deemed to mean and include one or a combination of two or more of the following: buildings and facilities intended for use as courthouse, jail, police station, fire station, offices and related uses; all structures, electric, gas, steam and water utilities and facilities of every kind and character; civic improvements including, but not limited to, art theaters, civic theaters, performing art theaters, stadiums, parks, playgrounds, recreational centers and auditoriums and such other buildings and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, bureau, commission or agency of the City of Toccoa and Stephens County. (4) The term `cost of the project' shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions herein set forth. (5) The terms `revenue bonds' and `bonds' as used herein shall mean revenue bonds as defined and provided for in the Revenue Bond Law approved March 31, 1937

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(Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for herein. (6) Any project or combination of projects shall be deemed `self-liquidating' if, in the judgment of the Authority, the revenues to be derived by the Authority from rentals of said project or projects to the City of Toccoa and Stephens County or agencies, authorities and departments of the State of Georgia and of the United States will be sufficient to pay the cost of maintaining, repairing and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. C . Powers . The Authority shall have the powers: (1) To have a seal and alter the same as pleasure; (2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes. (3) 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 condemnation of property for public use, real property or rights of easements 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 respects 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 pursuant to the provision herein except from the funds provided under the authority herein granted, 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

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of the property to be condemned, and no property shall be acquired under provisions herein upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance. (4) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation; (5) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and the City of Toccoa and Stephens County and any divisions, department, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said City and County and any division, department, institution or agency of the State to enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of any two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and any division, department, institution or agency of the State may obligate itself to pay an agreed sum for the use of such property and the City of Toccoa and Stephens County may enter into lease contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the Authority; the substantive terms and conditions of such contracts and related agreements as

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relates to the City of Toccoa and Stephens County shall be approved by the assent of a majority of the qualified voters of said City and County, respectively, voting in an election for that purpose to be held as prescribed by law. (6) To 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 by or leased by the Authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans and/or grants 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; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for this purpose, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with this Constitution and laws of this State; and (10) To do all things necessary or convenient to carry out the powers expressly given herein. D. Revenue bonds . The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not

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to exceed ten million ($10,000,000) dollars 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 such rate or rates not exceeding five (5%) per centum per annum, 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. E. Same; form; denominations; registration; place of payment . The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. F. Same; signatures; seal . In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons

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as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. G. Same; negotiability; exemption from taxation . All revenue bonds issued under the provisions herein shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. H. Same; sale; price . The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority, but no such sale shall be made at a price as low as to require the payment of interest on the money received therefor at more than five (5%) per centum per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. I. Same; proceeds of bonds . The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined project, and shall be disbursed upon requisition or order of the Chairman of the Authority under such restrictions, if any, as the resolution authorizing the issuance of the bonds or the trust indenture hereinafter mentioned may provide. If the proceeds of such bonds, by error of calculation or otherwise, shall be less than the cost of the project or combined project, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued

Page 956

for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter provided for the payment of principal and interest of such bonds. J. Same; interim receipts and certificates or temporary bonds . Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. K. Same; replacement of lost or mutilated bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. L. Conditions precedent to issuance; object of issuance . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required herein. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of projects within the boundaries of Stephens County. Any resolution, providing for the issuance of revenue bonds under the provisions herein shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. M. Extent of credit pledged . Revenue bonds issued under the provisions herein shall be special obligations of the Authority payable solely from the funds hereinafter provided for and shall not be deemed to constitute a debt of the City of Toccoa or Stephens County within the meaning of Article VII, Section VII, Paragraph I of this Constitution and all such bonds shall contain recitals on the face covering substantially the foregoing provision;

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provided, however, the City of Toccoa and Stephens County may, and each subdivision is hereby specifically authorized to use funds derived from taxes assessed for lawful, municipal and county purposes to perform the terms and conditions of any lease contract or related agreement entered into with the Authority and if such a covenant to that effect is contained in such contract or agreement then the obligation to do so shall become mandatory on each subdivision and it shall from year to year levy and collect taxes sufficient in amount to fulfill the terms of such contract or agreement. N. Same; trust indenture as security . In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the State. Such trust indenture may pledge or assign rents, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the City of Toccoa and Stephens County and to the original purchasers of the bonds issued therefor, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may

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restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. O. Same; to whom proceeds of bonds shall be paid . The Authority shall, in the resolution providing for issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or persons who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as provided herein and as provided by such resolution or trust indenture. P. Same; sinking fund . The funds from any source received by the City of Toccoa and Stephens County which may be lawfully used by said subdivisions for performance of any contract or agreement and pledged and allocated by it to the Authority as security for the performance of any lease contract or related agreement or any and all revenues, rents and earnings received by the Authority, regardless of whether or not such rents, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds, as

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the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchasing or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Q. Same; remedies of bondholders . Any holder of revenue bonds issued under the provisions herein or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required herein or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, rents, and other charges for the use of the project or projects. But no holder of any such bond shall have the right to compel any exercise of the taxing power of the City of Toccoa or Stephens County, except to the extent and as provided in Paragraph M herein to pay any such bond or the interest thereon, or to enforce the payment thereof against any property of either, nor shall any such bond constitute a charge, lien or incumbrance, legal or equitable, upon any property of either subdivision. R. Receivership on default . The Authority may covenant

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that in the event of a default in the payment of the principal of or interest on any revenue bonds or other obligations issued pursuant hereto, or in the performance of any obligations or duties imposed upon the Authority hereunder, or by any covenants or agreements entered into with the holders of such revenue bonds or other obligations shall limit the right to the appointment of a receiver to a specified number or percentage of such holders, either acting by himself or themselves alone, or also acting for all other holders of such revenue bonds or other obligations, shall be entitled as a matter of right to the appointment of a receiver for any building or combination of buildings and facilities by the court of competent jurisdiction in the State of Georgia. Jurisdiction is hereby conferred upon the Superior Court of Stephens County in any action or proceeding for the appointment of such receiver, and such receiver is hereby authorized and empowered, in the event of such default or defaults, to take over, operate, manage and control such undertakings and facilities and to collect the revenues and income derived therefrom to the same extent and same manner as the Authority is authorized to do. Such receiver shall also operate, manage, and control the particular undertakings and facilities only under the supervision and direction of the said Superior Court, and such operation, management and control shall be in the name of the Authority and shall be deemed in the control and management of the Authority through such court and its duly appointed receiver for the joint protection of the Authority and the holders of such revenue bonds or other obligations. The fees and other expenses of such receiver and of the person or persons making applications for the appointment thereof, and all other legal and incidental expenses in connection with such receiver, subject to court approval, shall be a first lien on the revenues and income of such undertakings and facilities, as long as they are in the control of such receiver, and the remainder of such revenues and income shall be applied in conformity as nearly as may be with the provisions of the proceedings authorizing the issuance of such revenue bonds or other

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obligations. When all defaults of the Authority shall have been cured and made good, such receivership shall be terminated by an order of the court which appointed such receiver. S. Same; refunding bonds . The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds issued under the provisions of this chapter and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the foregoing provision of this chapter insofar as the same may be applicable. T. Same; exemption from taxation . It is hereby found, determined and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the City of Toccoa and Stephens County as well as the people of this State and is a public purpose and that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter and that the Authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. U. Same; validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, by appropriate action instituted in the Superior Court of Stephens County. The petition for validation shall also make party defendant to such action the City of Toccoa and Stephens

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County which has contracted with the Authority for the use of any building, structure or facilities for which bonds have been issued and sought to be validated, and said City and County shall be required to show cause, if any, why such contracts or related agreements and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the said contract and agreement adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such bonds, and against the Authority issuing the same, and said City and County. V. Same; interests of bondholders protected . While any of the bonds 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 that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds. W. Acceptance of funds and contributions from any source . The Authority, in addition to the monies which may be received from the sale of revenue bonds and from the collection of revenues, rents and earnings derived under the provisions of this chapter, shall have authority to accept from any Federal agency grants for or in aid of the construction of any project or for the payment of bonds, and to receive and accept contributions from any source of either money or property or other things of value to be held, used and applied only for the purposes for which such grants or contributions may be made. X. Monies received considered trust funds . All monies received pursuant to the Authority of this chapter, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, rents and

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earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Y. Revenues, rents and earnings; use . The Authority is hereby authorized to fix rentals and other charges which the City of Toccoa and Stephens County and any department, board, commission or agency of the State of Georgia shall pay to the Authority for the use of each project or part thereof or combination of projects and to charge and collect the same and to lease and make contracts with respect to the use of any project or part thereof. Such rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or projects for which a single issue of revenue bonds is issued, as to provide a fund sufficient with other revenues of such project or projects, if any, to pay (a) the cost of maintaining, repairing and operating the project or projects, including reserves for extraordinary repairs and insurance, and other reserves required by the resolution or trust indentures, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the Authority on account of the project or projects for water, light, sewer and other services furnished by other facilities as such institution, and (b) the principal of the revenue bonds and the interest thereon as the same shall become due. Z. Rules and regulations for operation of projects . It shall be the duty of the Authority to prescribe rules and regulations for the operation of each project or combination of projects constructed under the foregoing provisions, including rules and regulations to insure maximum use or occupancy of each such project. 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,

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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 Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue revenue bonds. Against ratification of amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue 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.

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CITY OF BRUNSWICKTAX RATE IN TERRITORY HEREAFTER ACQUIRED. Proposed Amendment to the Constitution. No. 155 (House Resolution No. 470-1160). A Resolution. To propose to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph III, of the Constitution of Georgia, so as to authorize the City of Brunswick, with respect to territory hereafter acquired, to levy for a maximum period of ten (10) years, a less and varying property tax than that applicable to its present territorial limits, commensurate with the municipal benefits and improvements extended; to provide for the submission of the amendment for ratification by the people; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Article VII, Section I, Paragraph III, of the Constitution of Georgia, as the same has been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Except that the City of Brunswick, in the discretion of its governing body, may, with respect to any territory hereafter acquired, and for a period not exceeding ten (10) years from the date of such acquisition, levy an annual property tax of a less and varying amount than that levied with respect to its present corporate limits, such annual levy to be commensurate with the municipal benefits and improvements extended to such newly acquired territory and inhabitants, to be judged of in the sole and exclusive discretion of such governing body. Section 2. When the above proposed amendment to the Constitution shall have been agreed upon by two-thirds

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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 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 of Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the City of Brunswick to levy a less and varying tax with respect to territory hereafter acquired. Against ratification of amendment of Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the City of Brunswick to levy a less and varying tax with respect to territory hereafter acquired. 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 Article 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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DEKALB COUNTYCOLLECTION OF MUNICIPAL TAXES. Proposed Amendment to the Constitution. No. 156 (House Resolution No. 473-1169). A Resolution. Proposing an amendment to Article VII, Section VI, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended, providing for contracts for the use of public facilities, so as to provide that DeKalb County and any and all municipalities lying wholly within said county are authorized to contract for the assessment and collection of municipal taxes; to provide that such taxes may be collected in whole or in such installments as agreed to; to provide that such municipalities may use county tax assessments for tax purposes; to provide that any such municipality may combine its tax assessment and collection facilities by agreement 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 VII, Section VI, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended, providing for contracts for the use of public facilities, be, and the same is hereby, further amended by adding a new paragraph to be appropriately numbered and to read as follows: The provisions of this Article or other provisions of this Constitution and existing Laws to the contrary notwithstanding, DeKalb County and any and all municipalities lying wholly within said county are hereby authorized to contract with each other for the assessment and evaluation of taxable property in any such municipality and the billing and collection of municipal taxes by DeKalb County on behalf of any such municipality, which taxes may be collected in whole or in such installments

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and by the use of such forms as may be agreed to by the county and municipality; the assessments and evaluations made by the DeKalb County Board of Tax Assessors for county taxation may be used by any such municipality for ad valorem tax purposes and any such municipality may combine its tax assessment and/or collection facilities, returns, and agencies or any part thereof with DeKalb County by agreement. Section 2. When this resolution shall have been agreed to by two-thirds ([UNK]) 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 a constitutional amendment to the Constitution of the State of Georgia of 1945, as amended, authorizing DeKalb County and any and all municipalities lying wholly therein to contract for the assessment and collection of municipal taxes by DeKalb County, for the use of County tax assessments by the municipalities and for the combination of tax collection facilities and agencies of such municipalities with DeKalb County by agreement. Those desiring to vote against ratification of said amendment shall have written or printed on their ballots the words, Against ratification of a constitutional amendment to the Constitution of the State of Georgia of 1945, as amended, authorizing DeKalb County and any and all municipalities lying wholly therein to contract for the assessment and collection of municipal taxes by DeKalb County, for the use of County tax assessments by the municipalities and for the combination of tax collection facilities and agencies of such municipalities with DeKalb County by agreement. Section 3. This proposed amendment shall be published before said general election as now provided by

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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. GREENE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 157 (House Resolution No. 475-1186). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene 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 is hereby amended by adding at the end thereof the following: The Board of Education of Greene County shall be composed of one member from the county at large and one member from each of the four Educational Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Greene County, must have resided in Greene County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as

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a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Greene County, Greene County is hereby divided into four Education Districts. Education District No. 1 shall be composed of all that territory contained within Militia District No. 143 (Greensboro), Militia District No. 161 (Salem), and Militia District No. 163 (Walkers). Education District No. 2 shall be composed of all that territory contained within Militia District No. 137 (Flukers), Militia District No. 138 (Woodville), Militia District No. 140 (Union Point). Education District No. 3 shall be composed of all that territory contained within Militia District No. 141 (Reynolds), Militia District No. 142 (Siloam), Militia District No. 144 (White Plains), Militia District No. 160 (Liberty) and Militia District No. 162 (Ruth). Education District No. 4 shall be composed of all that territory contained within Militia District No. 145 (Greshamville), Militia District No. 146 (Oakland), Militia District No. 147 (Macedonia), Militia District No. 149 (Wreys also known as Wreyswood), and Militia District No. 148 (Penfield). In the event this amendment is ratified not later than fifteen days after such ratification, it shall be the duty of the Ordinary of Greene County to issue the call for an election for the purpose of electing the members of the Board of Education of Greene County, as provided herein. The date of such election shall be set on the fifth day of December, 1964. 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 at least once immediately preceding the date of the election in the official organ of Greene County. The members elected to the Board at said election shall take office on January 1, 1965. The members elected at said election shall serve for a term of four years and until their successors are elected and qualified. Thereafter, all successors to the members of the Board of Education of Greene County shall be elected in the same manner and at the same election as county officers are elected for Greene County immediately preceding the expiration of their term of office and shall take office on the first day

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of January immediately following their election. All successors to the members of the Board of Education of Greene County shall serve 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 term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. The member of the Board elected from the county at large shall be the Chairman of the Board. A member shall be eligible to succeed himself as a member of the Board and also as Chairman of the Board. The Board of Education in existence at the time of the ratification of this amendment shall continue in existence through December 31, 1964, but the terms of all members of such Board shall expire at that time and such Board of Education shall stand abolished. The Board created herein shall be the successor to such abolished Board and 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:

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For ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County by the people. Against ratification of amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene 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. CAMDEN COUNTY BOARD OF TAX ASSESSORS. Proposed Amendment to the Constitution. No. 158 (House Resolution No. 477-1190). A Resolution. Proposing an amendment to the Constitution so as to create a new Camden County Board of Tax Assessors; to designate the first members of the new county board of tax assessors; to provide for filling vacancies; to provide for their qualifications, terms of office, duties, and compensation; to abolish the old County Board of Tax Assessors of Camden County; 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof new paragraphs to read as follows: There is hereby created a new board to be known as the Camden County Board of Tax Assessors, which shall have the same powers and duties as the present county board. The Camden County Board of Tax Assessors shall consist of five members. The first members of the Camden County Board of Tax Assessors created under this amendment shall be Quincy Adams, F. B. Buchanan, Edmund Gross, W. T. Scarboro, and J. R. MacDonell, who shall hold their offices for five years each and until their successors are appointed and qualified. In the event any of the persons designated herein as members of the first board of tax assessors shall be unable to serve for any reason, then such vacancy or vacancies shall be filled by the remaining initial members. Successors to the initial members of the Camden County Board of Tax Assessors shall be appointed by the governing authority of Camden County for terms of office of five years each and until their successors are appointed and qualified. Vacancies shall be filled by the governing authority of Camden County for the unexpired term. The Camden County Board of Tax Assessors in existence at the time of ratification of this amendment is hereby abolished as of December 31, 1964, and the terms of all members of such board shall expire at that time. The new members of the Camden County Board of Tax Assessors created herein shall take office on January 1, 1965. Code Chapter 92-69 of the Code of Georgia of 1933, as amended or hereafter amended, setting forth the powers, duties, qualifications, compensation, and other matters pertaining to county boards of tax assessors, shall apply to the Camden County Board of Tax Assessors created herein except when in conflict with the provisions of this amendment.

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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 a new Board of Tax Assessors for Camden County and to designate the first members of the new board. Against ratification of amendment to the Constitution so as to create a new Board of Tax Assessors for Camden County and to designate the first members of the new 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.

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FORSYTH COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 159 (House Resolution No. 478-1190). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Forsyth County by the people; to provide the procedure connected therewith; to provide for education districts; to provide for the qualifications, terms of office, duties, and compensation of the members of the 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, relating to county boards of education, is hereby amended by adding at the end thereof the following: There is hereby created a new board of education to be known as the board of education of Forsyth County, which shall have the same powers and duties as the present county board. The board of education of Forsyth County shall consist of five (5) members who shall be elected as hereinafter provided. For the purpose of this Act and for the purpose of electing such members, Forsyth County shall be divided into five (5) education districts as follows: Education district number 1 shall be composed of that portion of Forsyth County embracing and known as the Cumming militia district. Education district number 2 shall be composed of that portion of Forsyth County embracing and known as the Big Creek, Bells, and Vickers militia districts. Education district number 3 shall be composed of that

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portion of Forsyth County embracing and known as the Ducktown, Setten Down, and Hightower militia districts. Education district number 4 shall be composed of that portion of Forsyth County embracing and known as the Cold Mountain and Barkers militia districts. Education district number 5 shall be composed of that portion of Forsyth County embracing and known as the Rolands, Chestatee, New Bridge, and Chattahoochee militia districts. One member shall be elected to the board of education of Forsyth County from each education district by the voters of the education district 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 the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the board who has not been a resident of Forsyth County and the education district from which he offers as a candidate for at least one year immediately preceding the date of the election, and unless such person is a freeholder. Not later than ten (10) days after the ratification of this amendment, it shall be the duty of the ordinary of Forsyth County to issue the call for an election for the purpose of electing the members of the board of education of Forsyth 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 Forsyth County. The terms of office of the members elected from education district numbers 1 and 2 shall be for two (2) years each and until their successors are elected and qualified. The

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terms of office of the members elected from education district numbers 3, 4, and 5 shall be four (4) years each and until their successors are elected and qualified. All members elected at such election shall take office on January 1, 1965. The successors to such members shall be elected in the general election every two (2) years thereafter for terms of office of four (4) years each and until their successors are elected and qualified. Each member of the board shall be compensated in the amount of twenty-five ($25.00) 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. The board of education of Forsyth County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1964, and the terms of office of the members of such board shall expire on such date. The board of education of Forsyth County, as provided for herein, shall be subject to all constitutional provisions and to 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 the members of the board of education of Forsyth County by the people. Against ratification of amendment to the Constitution

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so as to provide for the election of the members of the board of education of Forsyth 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. WHITFIELD COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 160 (House Resolution No. 483-1200). A Resolution. Proposing an amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield 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 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

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hereby amended by adding at the end thereof the following: The Board of Education of Whitfield County shall be composed of five members who shall be elected by the voters of Whitfield County with the exception of those voters residing in the corporate limits of Dalton. Any person in order to be eligible for membership on the Board must be registered and eligible to vote for members of the General Assembly from Whitfield County, must have resided in Whitfield County for at least one year immediately preceding the date of the election, and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. For the purpose of electing the members of the Board of Education of Whitfield County, Whitfield County is hereby divided into four Education Districts and one Education District at large. Education District No. 1 shall be composed of all that portion of Whitfield County lying within the following described plat: `Commencing at a point where the Louisville and Nashville Railroad intersects the City Limits of Dalton, Georgia, northeasterly to State Route No. 52; thence easterly along State Route No. 52 to the Whitfield-Murray County Line, thence southerly along Whitfield-Murray County Line to the Whitfield-Gordon County Line, thence westerly along the Whitfield-Gordon County Line to the Louisville and Nashville Railroad, then northerly along the Louisville and Nashville Railroad to the point of beginning.' Education District No. 2 shall be composed of all that portion of Whitfield County lying within the following described plat: Commencing at a point where the City Limits of Dalton and State Route No. 52 intersect, then northwesterly along the City Limits of Dalton to State Route No. 71, thence northerly along State Route No. 71 to the Georgia-Tennessee State Line, thence easterly along the Georgia-Tennessee

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State Line to the Whitfield-Murray County Line, thence southerly along the Whitfield-Murray County Line to State Route #52, thence westerly along State Route No. 52 to the point of beginning.' Education District No. 3 shall be composed of all that portion of Whitfield County lying within the following described plat: `Commencing at a point where State Route No. 71 intersects with the Georgia-Tennessee State Line and then southerly along State Route No. 71 to the City Limits of Dalton, thence westerly along the City Limits of Dalton to State Route #3, thence northwesterly along State Route No. 3 to the intersection of State Route No. 3 and State Route No. 201, thence southwesterly on State Route No. 201 to the Whitfield-Walker County Line, thence along the Whitfield-Walker County Line to the Whitfield-Catoosa County Line, thence along the Whitfield-Catoosa County Line to the Georgia-Tennessee State Line, thence along the Georgia-Tennessee State Line to the point of beginning.' Education District No. 4 shall be composed of all that portion of Whitfield County lying within the following described plat: `Commencing where the Louisville and Nashville Railroad and the City Limits of Dalton intersect, thence southerly along the Louisville and Nashville Railroad to the Whitfield-Gordon County Line, thence westerly along the Whitfield-Gordon County Line to the Whitfield-Walker County Line, thence along the Whitfield-Walker County Line to State Route No. 201, thence northeasterly along State Route No. 201 to the intersection of State Route No. 201 and State Route No. 3, thence southeasterly along State Route No. 3 to the City Limits of Dalton, thence southeasterly along the City Limits of Dalton to the point of beginning.' Education District No. 5, i.e., Education District at large, shall be composed of the entire County of Whitfield

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with the exception of that portion of the county embraced by the City Limits of Dalton. One member from each of the said four Education Districts and one member from the county at large shall be elected to the Board by the voters of Whitfield County registered and qualified to vote for members of the General Assembly with the exception of those voters residing in the area embraced within the corporate limits of the City of Dalton as the same may now exist or may hereinafter exist. On or before February 1 of each year the Board shall elect a member who shall serve as Chairman. In the event a person who represents an Education District moves his residence from such District, a vacancy shall exist from such District. In the event of a vacancy on the Board for any reason other than the expiration of a term of office, the vacancy shall be filled by the appointment of a successor by the grand jury of Whitfield County to serve until the next General Election in which members of the General Assembly are elected, in which election a successor shall be elected to serve out the unexpired term of office in which such vacancy occurs. The successor so elected shall take office on December 1 following his election. Provided, however, if a vacancy should occur within two years of the expiration of the term of office, the person appointed by the grand jury shall serve out the remainder of the unexpired term. The members from Education Districts No. 1 and No. 3 shall be elected for six year terms at the General Election in 1966. The member to be elected at large shall be elected for a four year term at the General Election in 1966. The members from Education Districts No. 2 and No. 4 shall be elected for six year terms at the General Election in 1968. Thereafter, all successors to the members of the Board of Education of Whitfield County shall be elected at the General Election immediately preceding the expiration of their term of office and shall take office and shall assume the duties of their office on the first day of January immediately following their election.

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All successors to the members of the Board of Education of Whitfield County shall serve for a term of six years and until their successors are elected and duly qualified. The terms of the members of the Board of Education of Whitfield County in effect at the time of ratification of this amendment, as well as the terms of those subsequently appointed, shall expire when their successors are elected and qualified as herein provided. The Board created as provided for herein shall be subject to all constitutional provisions and all statutory provisions relative to County Board of Education unless such provisions are in conflict with the provisions of this amendment. Section 2. That Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph to read as follows, to wit: The County School Superintendent of Whitfield County shall be elected or appointed by the County Board of Education of Whitfield County and shall serve at the pleasure of said Board. From and after the ratification of this amendment, the voters of Whitfield County shall no longer elect a County School Superintendent of Whitfield County but the present County School Superintendent shall serve until his successor is chosen as herein provided. Superintendent. 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:

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For ratification of amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield County by the County Board of Education. Against ratification of amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield County by the County 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 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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FLOYD COUNTYMERGER OF SCHOOL SYSTEMS. Proposed Amendment to the Constitution. No. 161 (House Resolution No. 496-1220). A Resolution Proposing an amendment to the Constitution so as to provide a method for consolidation or merger of county school districts and independent school system within Floyd County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end of Paragraph I the following: The General Assembly may, by special or local law, provide for consolidation or merger of any county school district within Floyd County with one or more independent school systems located within such county school districts, in accordance with a plan respecting organization, control and management of the resulting school system or district, either as provided in any such law or as agreed upon by a majority vote of the board of education of the county school system and a majority vote of the board of education of the independent school system being consolidated or merged. Provided, however, that such consolidation or merger pursuant to such plan and law shall not become effective until approved by a majority of the total number of voters voting in a referendum held thereon in the county school district, and a majority of the total number of voters voting in a referendum held thereon in each separate independent school system affected. The resulting school system or district shall constitute a separate political subdivision of this State and shall have title to all school properties and assets theretofore vested in the county school district

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and independent school systems consolidated or merged into the resulting school system or district. Subsequent to the creation of such school system or district the number of members and the manner of election or appointment of members of the board of education of the school system or district and their terms of office, and the manner of election and appointment of the superintendent of schools of the school system or district and his tenure may be changed by local or special law, provided the same is conditioned upon approval by a majority of the voters of the school system or district voting in a referendum thereon. Qualifications, powers, duties and compensation of the members of the board of education and the superintendent of schools of such school system or district shall be as provided 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 provide for consolidation and merger of school systems within Floyd County and for establishment of such new school systems and for organization, management and re-organization of same subject to local referendum. Against ratification of amendment to the Constitution so as to provide for consolidation and merger of school systems within Floyd County and for establishment of such new school systems and for organization, management and re-organization of same subject to local referendum.

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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. CHATHAM COUNTYCITY OF SAVANNAH JOINT BOARD OF TAX ASSESSORS. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 502-1244). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to provide for the elimination of the duties of Tax Receiver from the duties of the Tax Commissioner of Chatham County and the assumption of said duties by the Chief Tax Assessor of Chatham County; to provide for the appointment of a joint city-county Board of Tax Assessors for Chatham County and the City of Savannah; to provide for the powers, duties, terms and compensation of said board and the Chief Tax Assessor; to abolish the present Board of Tax Assessors of the Mayor and Aldermen of the City of Savannah and Chatham County; to provide for the procedure connected with the foregoing; 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 XI, Section I, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding, at the end, thereto the following: A. The duties of a tax receiver shall cease to be a part of the duties of the Tax Commissioner of Chatham County effective January 1, 1965, and all the duties and powers heretofore granted to Tax Receivers of Chatham County and this state shall be vested in the Chief Tax Assessor of Chatham County who shall be appointed for such term as shall be fixed by the governing authority of Chatham County and paid such salary as shall be fixed by the governing authority of Chatham County from the funds of Chatham County. All fees, commissions and other emoluments payable to Tax Receivers in Chatham County or this state or to Tax Commissioners thereof for or in connection with tax receiving duties now or hereafter shall be paid over to Chatham County. Said Chief Tax Assessor shall also be a member of the Chatham County Tax Assessors' Board. B. The General Assembly shall have the power to authorize the Mayor and Aldermen of the City of Savannah and Chatham County to contract for the consolidation and combining of the County and city Board of Tax Assessors and to provide for the granting to said joint board all the governmental functions and powers now exercised by said Boards of Tax Assessors of the Mayor and Aldermen of the City of Savannah and Chatham County or which may be hereafter granted municipal or county Tax Assessors' Boards; to provide that such contract may require approval by the Mayor and Aldermen of the City of Savannah of the person appointed Chief Tax Assessor of Chatham County by the governing authority of said county; to provide that the Chief Tax Assessor of Chatham County shall be a member of said joint Tax Assessors' Board and chief thereon; to provide for the joint appointment of the members of said Board by the Mayor and Aldermen of the City of Savannah and Chatham County; to provide the terms thereof and

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to authorize the Mayor and Aldermen of the City of Savannah and Chatham County to prescribe the salaries therefor and to provide for the employment of assistants thereto; to provide for the abolishment of the present Boards of Tax Assessors of said city and county upon said contract being entered into and said joint Board of Tax Assessors being appointed; to provide and grant to the Mayor and Aldermen of the City of Savannah and Chatham County full authority and power to consolidate and combine by contractual arrangement the assessment and returning of all real and personal property in said City and County and further to combine the facilities for collection of all taxes levied therein; to provide for the repeal of all conflicting laws; to provide that the General Assembly in exercising the powers herein conferred may include in the act or law, or any amendment thereto, any one or more of the powers of provisions herein enumerated and may exclude therefrom any one or more of the powers herein enumerated; and for other 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 provide authority for the consolidation of the Boards of Tax Assessors of Chatham County and the Mayor and Aldermen of the City of Savannah; to provide for the appointment of a Chief Tax Assessor who shall perform the duties of tax receiving in Chatham County; to provide authority for the combining and consolidation of the assessing and returning of all real and personal property in said city and county and to provide

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authority for the combination of tax collecting facilities of said city and county. Against ratification of amendment to the Constitution to provide authority for the consolidation of the Boards of Tax Assessors of Chatham County and the Mayor and Aldermen of the City of Savannah; to provide for the appointment of a Chief Tax Assessor who shall perform the duties of tax receiving in Chatham County; to provide authority for the combining and consolidation of the assessing and returning of all real and personal property in said city and county and to provide authority for the combination of tax collecting facilities of said city and 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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DEKALB COUNTYTAX FOR ADMINISTRATIVE COST OF COLLECTING CONSTRUCTION COST OF LATERAL SEWER LINES. Proposed Amendment to the Constitution. No. 163 (House Resolution No. 506-1247). A Resolution. Proposing an amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax so as to provide that DeKalb County shall have the authority to levy a tax for the purpose of paying the administrative costs of collecting the actual pro rata costs of the construction of lateral sanitary sewers from owners of abutting undeveloped property when such sewer line has been constructed by DeKalb County or other person, firm or corporation along any public road in DeKalb County and remitting said costs to the person, firm or corporation constructing said lateral sewer line provided such undeveloped property is connected to said sewer line within seven (7) years of the date of its completion and the person, firm or corporation has filed with DeKalb County an itemized statement of the actual cost of said lateral sewer, 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 VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax be, and the same is hereby, further amended by adding thereto a new paragraph to be appropriately numbered and to read as follows: The provisions of this Article or other provisions of this Constitution and existing Laws to the contrary notwithstanding, the General Assembly may grant to DeKalb

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County the right to levy a tax for the purpose of paying the administrative costs of collecting the actual pro rata costs of the construction of lateral sanitary sewer lines from the owners of abutting undeveloped property when such sewer line has been constructed by DeKalb County or persons, firms or corporations other than the owner of the abutting undeveloped property along any public road in DeKalb County and may remit same to the person, firm or corporation who constructed or paid the costs of the construction of such sewer line, provided such abutting undeveloped property is connected to the sewer line within seven (7) years of the date of the completion of its construction and the person, firm or corporation has filed with DeKalb County an itemized statement of the actual costs of such sewer, the pro rata costs of such sewer so collected by DeKalb County shall be remitted to the person, firm or corporation paying the costs thereof, his heirs, successors, representatives and assigns. Section 2. When this resolution shall have been agreed to by two-thirds ([UNK]) 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 Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax, so as to authorize the General Assembly to delegate to DeKalb County the right to levy a tax for the purpose of paying the costs of collecting the actual pro rata costs of a sanitary sewer from the owners of abutting undeveloped property when said sewer line has been constructed by DeKalb County or a person, firm or corporation other than the owner of the abutting undeveloped property for the purpose of providing sanitary sewer service to a developed area, and

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remitting same to the person, firm or corporation who constructed said sanitary sewer and paid the costs thereof provided said abutting undeveloped property is actually connected to the sewer line within seven (7) years of the date of its completion and said person, firm or corporation has filed with the Governing Authority of DeKalb County an itemized statement of the actual cost of the sewer line. 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 IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax so as to authorize the General Assembly to delegate to DeKalb County the right to levy a tax for the purpose of paying the costs of collecting the actual pro rata cost of a sanitary sewer from the owners of abutting undeveloped property when said sewer line has been constructed by DeKalb County or a person, firm or corporation other than the owner of the abutting undeveloped property for the purpose of providing sanitary sewer service to a developed area, and remitting same to the person, firm or corporation who constructed said sanitary sewer and paid the costs thereof provided said abutting undeveloped property is actually connected to the sewer line within seven (7) years of the date of its completion and said person, firm or corporation has filed with the Governing Authority of DeKalb County an itemized statement of the actual cost of the sewer line. 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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WASHINGTON COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 164 (House Resolution No. 518-1260). A Resolution. Proposing an amendment to the Constitution so as to create the Washington 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 VII, Paragraph V 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 Washington County to be known as the Washington County Development Authority which shall be an instrumentality of Washington 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 who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of the Board of Commissioners of Roads and Revenues of Washington 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 a 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 Washington County, 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 Washington County. Property. D. The powers of the Authority shall inlcude 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 Washington 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 Washington 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 power of the Authority; (4) To borrow money and to issue notes, bonds and revenue bonds 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 Washington 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;

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(7) To encourage and promote the expansion of industry, agriculture, trade and commerce in Washington 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. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Washington County. Debt. 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. Tort liability, etc. G. The members of the Authority shall receive no compensation for their services to the Authority. Members. H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Washington County is hereby authorized to issue Revenue Bonds to carry out the purposes of this amendment. Revenue 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 on such Revenue Bonds as they mature, then the Commissioners of Roads

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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 two mills. Bonds. 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 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 exempt from levy. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Washington County and its citizens, industry, agriculture and trade within the County of Washington and making long-range plans for such development and expansion and to authorize the use of public funds of Washington 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. The first members of the Authority shall be appointed prior to January 1, 1965, and shall assume office on that date. Successors to such members shall be appointed in the month of December of the year in which the members' terms expire, and shall assume office on the first day of January following their appointment. All members shall serve until their successors are appointed and qualified. Members shall be eligible to succeed themselves. Members.

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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 Washington County, and the scope of its operations shall be limited to the territory embraced within Washington County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Washington County. Further powers. 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 Washington County. Debt. 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 Washington County Development Authority. Against ratification of amendment to the Constitution so as to create the Washington 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.

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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. WASHINGTON COUNTYTAX TO PROMOTE INDUSTRY. Proposed Amendment to the Constitution. No. 165 (House Resolution No. 519-1260). A Resolution. Proposing an amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington 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 Washington County is hereby authorized to levy a tax, in addition to any other tax now or hereafter levied, not to exceed two (2) mills, 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 Washington County. Such fund may be used to pay traveling, advertising and promotional expenses and any other type expenses necessary for such purposes. The governing authority

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is hereby specifically authorized to provide for the use, for such purposes, of all or any part of such fund by any public development authority created for Washington County, or any other organization. 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 Washington County to levy a tax not to exceed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington County. Against ratification of amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington 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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STATE SCHOLARSHIP COMMISSION. Proposed Amendment to the Constitution. No. 166 (Senate Resolution No. 146). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields; 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 adding at the end thereof the following: The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized to provide for all other matters relative to the purposes provided for herein. The General Assembly is hereby authorized and empowered to appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this provision. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

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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 provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. 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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WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 167 (Senate Resolution No. 147). A Resolution. Proposing an amendment to the Constitution so as to create the Wayne 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. 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 Wayne County, Georgia, to be known as the Wayne County Industrial Development Authority, which shall be an instrumentality of Wayne County and a public corporation and which in this amendment is hereafter referred to as the Authority; Created. B. The Authority shall consist of a board of seven directors. The initial directors and their terms of office shall be as follows: Logan Dent, H. Lindsay Grace and John D. Mattox shall serve as directors for a term of six years; Olin Harper and C. M. Knight shall serve as directors for a term of four years; and Ernest Knight and A. N. Rogers shall serve as directors for a term of two years. Thereafter the terms of all directors shall be for a period of six years, and the directors herein named who serve an initial term as above stated shall be eligible for reappointment at the expiration of their original terms of office. The Board of Commissioners of Roads and Revenue of Wayne County shall appoint all subsequent

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directors to membership on the Authority. All vacancies occurring on the Authority shall be filled by the Board of Commissioners of Roads and Revenue of Wayne County for the unexpired term of the director who has vacated his office. Members, etc. 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. Quorum. 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 Wayne County. Property. D. The powers of the Authority shall include, but in no way be limited to, the powers as hereinafter set out: (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; Powers. (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations 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;

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(5) To encourage and promote the expansion and development of industrial and commercial facilities in Wayne 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 Wayne 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 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 Wayne County. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority, but shall be reimbursed for their actual expenses incurred in the performance of their duties. Members. 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 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 Wayne County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Wayne 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

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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 less the Authority will have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Wayne 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 Wayne County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Wayne 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

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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 Wayne 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. Further 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 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 Wayne County Industrial Development Authority. Against ratification of amendment to the Constitution so as to create the Wayne 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

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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. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE IN METROPOLITAN AREA OF CITY OF ATLANTA. Proposed Amendment to the Constitution. No. 168 (Senate Resolution No. 158). A Resolution. Proposing an amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of the system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose; 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. The Constitution is hereby amended by adding at the end thereof a new Article to read as follows: ARTICLE XVII Public Transportation of Passengers for Hire Section I Public Transportation of Passengers for Hire in the Metropolitan Area of Atlanta Paragraph I. The acquisition, establishment, operation or administration of a system of public transportation

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of passengers for hire within the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is an essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended. Governmental function. Paragraph II. The General Assembly may create a public corporation or authority as an instrumentality of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, or any one or any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power to borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for the accomplishment of the aforesaid function and purpose. Public corporation. Paragraph III. The General Assembly may provide that such public corporation or authority, as an instrumentality of the participating counties and municipality, its property, acts, activities, income and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by any agency or commission of the State. Tax exemption. Paragraph IV. The General Assembly may authorize the City of Atlanta, and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to contract with such public corporation or authority for the performance of the aforesaid function and purpose; to pay for the public transportation services and facilities contracted for, including the payment of the principal and interest on any obligations issued by such public corporation or authority in order to acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey to such public corporation or authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transportation system within the aforesaid metropolitan area; provided that no county

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shall have the power to levy any tax on any subject of taxation situated within the territorial limits of any incorporated municipality which has a contract with said public corporation or authority and is itself levying a tax for that purpose. Contracts, tax, etc. Paragraph V. The provisions of this Article shall be liberally construed to effectuate its purpose and shall not be limited or restricted by any existing provision of or amendment to this Constitution, or any general or special law heretofore enacted, and the authority granted by this Article to the General Assembly may be exercised by general, special or local laws without regard to uniformity. 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 declare the acquisition, establishment, operation and administration of a system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose. Against ratification of amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of a system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb,

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Cobb, Clayton, and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose. 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. WORKMEN'S COMPENSATION FOR SCHOOL PERSONNEL. Proposed Amendment to the Constitution. No. 169 (Senate Resolution No. 170). A Resolution. Proposing an amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing workmen's compensation; 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:

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County boards of education are hereby authorized to provide for workmen's compensation for school personnel and to pay for the same from educational funds. 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 county boards of education to expend educational funds for the purpose of providing Workmen's Compensation. Against ratification of amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation. 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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WALKER COUNTY DEVELOPMENT AUTHORITYBONDS. Proposed Amendment to the Constitution. No. 170 (House Resolution No. 380-840). A Resolution. Proposing an amendment to the Constitution, so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers, duties, and authority as it shall deem fit to the 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 of that paragraph of said Paragraph I which reads as follows: 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 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., the following: The Authority shall have such powers, duties, and authority as the General Assembly of Georgia shall provide. Without limiting the foregoing, the Authority is hereby granted the power to issue bonds to finance any undertaking within its purposes as defined herein or by Act of the General Assembly, and such bonds shall be issued in accordance with the procedure of the Revenue

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Bond Law (Ga. L. 1937, p. 761), as amended, or as it may be amended. 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 Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers to the Authority as it shall deem fit. Against ratification of amendment to the Constitution so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers to the Authority as it shall deem fit. 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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PROGRAM OF GUARANTEED STUDENT LOANS. Proposed Amendment to the Constitution. No. 171 (House Resolution No. 457-1090). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education; to create an entity for administering such program; 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 I, Paragraph II 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 a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly

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is also authorized to provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein. 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 provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create an entity for administering such program. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create an entity for administering such 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

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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. WALKER COUNTYFIRE PREVENTION DISTRICTS. Proposed Amendment to the Constitution. No. 172 (House Resolution No. 474-1181). A Resolution. Proposing an amendment to the Constitution to authorize the General Assembly to provide for fire prevention districts in Walker County, and to establish and administer in such districts systems of fire prevention, and to levy a tax for said purpose upon the approval of sixty percent of the qualified voters residing within said districts; 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 I. Article VII, Section IV, Paragraph II, of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly is authorized to empower the governing authority of Walker County to establish within the bounds of Walker County districts for fire prevention. The General Assembly is further authorized to empower the governing authority of Walker County or such other board, agency or authority as it may provide for to establish and administer in such districts systems of fire prevention, and to levy taxes or special assessments therefor on property located within said districts upon the approval of sixty percent of the qualified voters of said districts voting at a special election held for that

Page 1018

purpose. The taxes or assessments levied for said purposes shall not exceed ten mills upon the valuation of the property located in said districts. The homestead exemption provided for by Article VII, Section I, Paragraph IV shall not apply to the levy of such taxes. 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 provide for fire prevention districts in Walker County and to provide for the levy of a tax therefor. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for fire prevention districts in Walker County and to provide for the levy of a tax therefor. All persons desiring to vote in favor of adopting the proposed amendment shall vote for the 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 1019

FORSYTH COUNTYSCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 173 (House Resolution No. 479-1190). A Resolution. Proposing an amendment to the Constitution so as to provide that the members of the Board of Education of Forsyth County shall elect a County School Superintendent for Forsyth 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: The County School Superintendent of Forsyth 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, may fill any vacancy which might occur prior to the normal expiration of such term. Thereafter, the County School Superintendent of Forsyth County shall be elected by the Board of Education of Forsyth County, and shall serve at the pleasure of the Board, and said County School Superintendent shall no longer be elected by the voters of Forsyth County. The Board of Education of Forsyth County shall fix the compensation of the County School Superintendent. The Board of Education of Forsyth County shall not be bound by any provisions of law relating to residential requirements of persons elected to the office of County School Superintendent. The County School Superintendent of Forsyth 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

Page 1020

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 Forsyth County shall elect a County School Superintendent. Against ratification of amendment to the Constitution to provide that the Board of Education of Forsyth 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.

Page 1021

BERRIEN COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 174 (Senate Resolution No. 187). A Resolution. Proposing an amendment to the Constitution so as to provide for an additional member to the Board of Education of Berrien County; to provide for the appointment of such additional member; 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 is hereby amended by adding at the end of the first paragraph thereof the following: Provided, however, the Board of Education of Berrien County shall be composed of six freeholders who shall be selected in the same manner as provided for above. The additional member provided for herein shall be appointed by the grand jury first convening after the ratification and proclamation 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

Page 1022

as to provide for an additional member to the Board of Education of Berrien County. Against ratification of amendment to the Constitution so as to provide for an additional member to the Board of Education of Berrien 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. COLLECTION OF BUSINESS LICENSE FEES BY COUNTIES. Proposed Amendment to the Constitution. No. 175 (House Resolution No. 184-535). A Resolution. Proposing an amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes:

Page 1023

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 General Assembly may, by law, authorize the governing authorities of all the counties of this State to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said counties outside the incorporated limits of the municipalities therein; to license and regulate taxicabs and cabs for hire in such unincorporated areas of said counties; to classify businesses and business enterprises, and to assess different license fees and taxes against different classes of businesses; to license all businesses and business enterprises in such areas in the interest and welfare of the citizens of said counties, and to prescribe rules and regulations concerning the same, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission. Such law may provide that the violation of any license regulation adopted by the governing authority or the failure to pay any license fee or tax prescribed for any business, shall constitute a misdemeanor which upon conviction shall be punishable as for a misdemeanor. 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 General Assembly may authorize

Page 1024

the governing authorities of the counties of this State to assess and collect license fees and taxes upon business located in the county outside the limits of any incorporated municipality. Against ratification of amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon business located in the county outside the limits of any incorporated municipality. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. 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 COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 176 (House Resolution No. 197-583). A Resolution. Proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Governing Authority of Cobb County, for regulatory and revenue purposes, to assess and collect license fees and occupational taxes against any person, firm, or

Page 1025

corporation including taxicabs and cars for hire who may engage in any type of business in Cobb County with the right and power to classify businesses and assess different license fees and occupational taxes against different classes of business, and with the further power to the Governing Authority to exercise police powers over any businesses in the interest of the public welfare, health and security of the people of Cobb County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees and taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor; 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 IV, Paragraph I (Code 2-5701) of the Constitution of the State of Georgia is amended by adding thereto the following new paragraph, to-wit: The General Assembly of the State of Georgia is hereby authorized: To empower the Governing Authority of Cobb County, Georgia with the right and power, for regulatory and revenue purposes to levy, assess, and collect license fees and occupational taxes from any persons, firms or corporations, including taxicabs and cars for hire (excepting from regulations those persons, firms or corporations subject to regulation by the State Public Service Commission) who may maintain a place of business in Cobb County and to levy and assess such license fees and occupational taxes, the said Governing Authority shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for public welfare, health and security of the people of Cobb County, the said Governing Authority shall have the right to regulate and exercise police powers over any business operated within said County (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate

Page 1026

the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Governing Authority of Cobb County shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. Nothing herein shall prevent a municipality from licensing or otherwise exercising police power over any business within its boundaries as now exist or may hereafter exist. 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 Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Authority of Cobb County to assess and collect license fees and occupational taxes upon businesses in Cobb County and to regulate same. Against ratification of amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Authority of Cobb County to assess and collect license fees and occupational taxes upon businesses in Cobb County and to regulate same. 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 1027

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. HOMESTEAD EXEMPTION FOR CERTAIN DISABLED VETERANS. Proposed Amendment to the Constitution. No. 177 (House Resolution No. 400-895). A Resolution. Proposing an amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis; 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 IV, of the Constitution is hereby amended by adding in the last sentence of the last paragraph of said Paragraph IV, between the words brain and or the following: or paraplegia or such permanent paralysis resulting from multiple sclerosis,, so that when so amended the last paragraph of Paragraph IV shall read as follows: Each disable veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $10,000.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The

Page 1028

value of all property in excess of the above exempted amount shall remain subject to taxation. The term `disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms. 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 homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis. Against ratification of amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the adoption of the proposed amendment shall vote against amendment, and all persons desiring to vote against the ratification.

Page 1029

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. BALDWIN COUNTYOFF-STREET PARKING, GENERAL OBLIGATION BONDS. Proposed Amendment to the Constitution. No. 178 (House Resolution No. 440-1026). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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 of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve,

Page 1030

equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character, in said County outside the corporate limits of the City of Milledgeville and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby authorized to incur an additional indebtedness and evidence the same by the issuance, from time to time, of its direct general obligation bonds, but the principal amount of such general obligation bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property in said County subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by this Constitution. The issuance or non-issuance of said bonds shall be submitted to the registered, qualified voters of the County for their determination in the same manner and under the same provisions as contained in this Constitution and the laws of this State. If any such bonds are so authorized pursuant to any such election, the governing authority of said County shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located in said County subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respective maturities. This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the County not inconsistent 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

Page 1031

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 Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. 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 Article XIII, Section I, Paragraph I of the Constitution, as amended, it shall become a part of the Constitution of this state. The returns of the elections shall be made in like manner as returns for elections for members of the

Page 1032

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 MILLEDGEVILLEOFF-STREET PARKING, GENERAL OBLIGATION BONDS. Proposed Amendment to the Constitution. No. 179 (House Resolution No. 441-1026). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to make charges for the use thereof and to lease all or any part thereof and to incur an additional indebtedness and to issue its general obligation bonds for the purpose of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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 of the State of Georgia is hereby amended by adding at the end thereof the following: Anything in this Constitution to the contrary notwithstanding, the Mayor and Aldermen of the City of Milledgeville, Georgia is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character within the corporate limits of said City and to make charges for the use thereof and to lease all or any part thereof and to accomplish the foregoing is hereby authorized to incur an additional indebtedness and evidence

Page 1033

the same by the issuance, from time to time, of its direct general obligation bonds, but the principal amount of such general obligation bonds outstanding at any one time shall not exceed five per centum (5%) of the assessed value of all taxable property, including real property within the corporate limits of said City as now existent and within any extension of same, subject to taxation for bond purposes, which shall be in addition to and separate from the seven per centum (7%) debt limitation now imposed by this Constitution. The issuance or non-issuance of said bonds shall be submitted to the registered, qualified voters of the City for their determination in the same manner and under the same provisions as contained in this Constitution and the laws of this State. If any such bonds are so authorized pursuant to any such election, the governing body of said City shall, on or prior to their issuance and delivery, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal of and interest on said bonds as same mature and all of the property located within the corporate limits of said City, subject to taxation for bond purposes, shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said bonds at their respective maturities. This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the City not inconsistent 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:

Page 1034

For ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. Against ratification of an amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. 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 Article XIII, Section I, Paragraph I of the Constitution, as amended, 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 MILLEDGEVILLEOFF-STREET PARKING, REVENUE BONDS. Proposed Amendment to the Constitution. No. 180 (House Resolution No. 446-1046). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations and private corporations and persons for the use thereof and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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: Anything in this Constitution to the contrary notwithstanding, the Mayor and Aldermen of the City of Milledgeville, Georgia, is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character within the corporate limits of said City and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations and private corporations

Page 1036

and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping off-street parking areas, buildings and facilities and to pay all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.), amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended). This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the City not inconsistent 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 an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve,

Page 1037

equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. 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 Article XIII, Section I, Paragraph I of the Constitution, as amended, 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. BALDWIN COUNTYOFF-STREET PARKING, REVENUE BONDS. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 447-1046). A Resolution. Proposing an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, equip, maintain and operate off-street parking areas, buildings and facilities and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to enter into contracts with other political subdivisions or public corporations and private corporations and persons for the use thereof and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring,

Page 1038

constructing, adding to, improving and equipping such off-street parking areas, buildings and facilities; 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: Anything in this Constitution to the contrary notwithstanding, the governing authority of Baldwin County is hereby authorized to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities of every kind and character in the county without the corporate limits of the City of Milledgeville, and to make and to prescribe and revise rates and to collect fees, tolls and charges for the use thereof and to lease all or any part thereof and to contract with other political subdivisions or public corporations and private corporations and persons for the use thereof and to accomplish the foregoing is hereby authorized to issue its revenue bonds or obligations to finance, in whole or in part, the cost of acquiring, constructing, adding to, improving and equipping off-street parking areas, buildings and facilities and to pay all expenses incident thereto. Any such revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of 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). This amendment is self-enacting and does not require any enabling legislation for it to become effective, provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent 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

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journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. Against ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. 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 Article XIII, Section I, Paragraph I of the Constitution, as amended, 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 1040

CITY OF TOCCOA-STEPHENS COUNTYJOINT BOARD OF TAX ASSESSORS. Proposed Amendment to the Constitution. No. 182 (House Resolution No. 469-1160). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments; 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 General Assembly of Georgia shall have the power by general, local or special law applicable to Stephens County and the City of Toccoa, without regard of the uniformity provisions otherwise contained in this Article, Section and Paragraph of this Constitution, to: (a) Provide for the establishment of a board of tax assessors, to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration, and (b) Authorize said board to assess all taxable property in Stephens County and in the City of Toccoa for taxation, by either, for all purposes which is now or may hereafter be authorized by law, and (c) Create a board of tax appeals and equalization, by whatever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms

Page 1041

and qualifications of the members of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said assessments which procedures shall be in lieu of any rights of arbitration or appeal heretofore existing in Stephens County and the City of Toccoa. (d) Authorize or direct appropriations by Stephens County or the City of Toccoa, or by both, or provide otherwise, for the support of the board or boards created by the General Assembly. (e) The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1964. Any Act passed after January 1, 1964, germane to to the subject matter of this amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter, and the General Assembly is empowered, but not directed, to exercise such authority by one law pertaining to all or any one or more of said functions, which law may be passed prior to the submission of this amendment to the people. (f) Nothing contained in this amendment shall be construed to apply to corporations and persons now required by law to return their property to the State Revenue Commissioner (formerly the Comptroller General) for ad valorem taxation. 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 1042

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 provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments. Against ratification of amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments. 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 1043

VIDALIA DEVELOPMENT AUTHORITYEXTENSION OF ACTIVITIES, TAX EXEMPTIONS. Proposed Amendment to the Constitution. No. 183 (House Resolution No. 471-1168). A Resolution. Proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the 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 striking the second paragraph of Subparagraph C of the amendment proposed to said Paragraph by a resolution establishing the Vidalia Development Authority (Ga. L. 1956, p. 426), which paragraph reads as follows: The exemption from taxation herein provided shall not extend to tenants or 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 order 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 law 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., and substituting in lieu thereof a new paragraph to read as follows: The exemption from taxation herein provided shall extend to tenants and lessees of the Authority.

Page 1044

Section 2. Said Paragraph is further amended by adding following Subparagraph N of the amendment proposed to said Paragraph by a resolution establishing the Vidalia Development Authority (Ga. L. 1956, p. 426), a new Subparagraph to be numbered Subparagraph O and to read as follows: O. Notwithstanding any provisions of this Paragraph to the contrary, the Vidalia Development Authority is authorized to extend its operations beyond the limits of Toombs County into Montgomery County, and any power or authority which the Authority is authorized to exercise in Toombs County in pursuance of the Authority's powers and purposes hereinbefore enumerated may be so exercised in conjunction with the Authority's activities in Montgomery County. 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 authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority. Against ratification of amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority. All persons desiring to vote in favor of adopting the

Page 1045

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. SPALDING COUNTYSTREET IMPROVEMENTS, ETC. Proposed Amendment to the Constitution. No. 209 (Senate Resolution No. 163). A Resolution. Proposing an amendment to the Constitution so as to authorize Spalding County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners 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 XI of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Within the unincorporated areas of Spalding County the Commissioners of Roads and Revenues of Spalding County, as the governing authority of said County, shall

Page 1046

have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways and sidewalks, and to assess all or a portion of the cost of such construction, pavement, maintenance or improvement against the abutting property owners thereof, and to provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of Spalding County and applied uniformly to all roads, streets, sidewalks and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Spalding County, with the effective date of any such change, rescission, modification or amendment being at least thirty days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriffs' advertisements are published in Spalding 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 proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution authorizing Spalding County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads and sidewalks, and assess all or a portion of the cost of same against abutting property and the owners thereof.

Page 1047

Against ratification of amendment to the Constitution authorizing Spalding County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads and sidewalks, and assess all or a portion of the cost of same against abutting property and the owners 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. BARROW COUNTYTAX TO ENCOURAGE INDUSTRIAL, ETC. DEVELOPMENT. Proposed Amendment to the Constitution. No. 210 (Senate Resolution No. 180). A Resolution. Proposing an amendment to the Constitution so as to authorize Barrow County to levy a tax not to exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 1048

Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution, as amended by an amendment ratified at the November 1962 General Election and found in Georgia Laws 1962, p. 1027, creating the Barrow County Industrial Building Authority, is hereby amended by adding at the end of paragraph G. of the aforesaid 1962 amendment the following: Provided, however, the governing authority of Barrow County is hereby authorized to levy a tax not to exceed one (1) mill on all the taxable property located in said County for the purpose of encouraging and promoting the expansion and development of industrial and commercial facilities in Barrow County, and is hereby authorized to remit to the Authority all or part of the proceeds of the tax levied to be used by the Authority only for the purpose of applying such funds to indebtedness incurred by the Authority, which shall include payment of funds towards the retirement of any revenue bonds or certificates issued by the Authority. 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 Barrow County to levy a tax not to exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow County. Against ratification of amendment to the Constitution so as to authorize Barrow County to levy a tax not to

Page 1049

exceed one (1) mill for the purpose of encouraging and promoting the expansion and development of commercial and industrial facilities in Barrow 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. WARNER ROBINS DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 211 (Senate Resolution No. 188). A Resolution. Proposing an amendment to the Constitution so as to create the Warner Robins Development Authority; to provide for powers and authority of the Authority; 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 V, Section IX of the Constitution is hereby amended by adding at the end thereof the following:

Page 1050

A. There is hereby created a body corporate and politic in the City of Warner Robins in Houston County to be known as the Warner Robins Development Authority, which shall be an instrumentality of the City of Warner Robins and a public corporation and which in this amendment is hereafter referred to as the `Authority.'; Created. B. The Authority shall consist of the Mayor of the City of Warner Robins, the President of the Chamber of Commerce of Warner Robins, the chairman of the governing authority of Houston County, and four additional members who shall be appointed by the Mayor and Council of Warner Robins. The persons so appointed shall be appointed in such a manner that their initial terms of office shall be for 1 to 4 years, respectively. Thereafter, all such members shall serve for terms of office for 4 years each. 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 Warner Robins, Georgia; Tax exemption. 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

Page 1051

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 Warner Robins, 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 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 1052

(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, Houston County, or City of Warner Robins. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Members' 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 either Houston County or the City of Warner Robins to pay any of the said obligations of said Authority; 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

Page 1053

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 Warner Robins subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. 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 Warner Robins 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. Intent. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor

Page 1054

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 Warner Robins 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 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 Warner Robins Development Authority; Against ratification of amendment to the Constitution so as to provide for the Warner Robins 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

Page 1055

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. HOUSTON COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 212 (Senate Resolution No. 190). A Resolution. Proposing an amendment to the Constitution so as to create the Houston County Development Authority; to provide for powers and authority of the Authority; 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 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 Houston County to be known as the Houston County Development Authority, which shall be an instrumentality of Houston County and a public corporation and which in this amendment is hereafter referred to as the `Authority.'; Created. B. The Authority shall consist of the Mayor of the City of Warner Robins, the Mayor of the City of Perry, the Mayor of the City of Centerville, the chairman of the governing authority of Houston County, and three

Page 1056

additional members who shall be appointed by the above named member of the Authority. The appointed so appointed shall be appointed in such a manner that their initial terms of office shall be for 1 to 3 years, respectively. Thereafter, all such members shall serve for terms of office for 3 years each. 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 Houston County; Tax exemption. 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 Houston County, 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

Page 1057

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. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Houston County. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority; Members' compensation.

Page 1058

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 or 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 Houston County to pay any of the said obligations of said Authority; H. The Authority may authorize additonal 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.

Page 1059

(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 Houston County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Houston County 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. Intent. 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 Houston 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.

Page 1060

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 Houston County Development Authority; Against ratification of amendment to the Constitution so as to provide for the Houston 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 AUSTELLREVENUE BONDS. Proposed Amendment to the Constitution. No. 213 (Senate Resolution No. 192). A Resolution Proposing an Amendment to Article VII, Section VII, Paragraph V, of the Constitution of the State of Georgia, so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and destribution systems, together with all necessary appurtenances thereof, by adoption of a Resolution by the governing body of the City of Austell and without an election; to provide the effective date of this Amendment; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V, of the Constitution, incorporated in the Code of Georgia of 1933 as Section 2-6005, shall be amended by adding at the end thereof a new paragraph which shall read as follows: Notwithstanding any provisions of this Constitution to the contrary, the City of Austell is authorized and hereby empowered and granted the right, power and authority to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election. 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

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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 Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election. Against ratification of amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an 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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FLOYD COUNTYEDUCATION BEYOND TWELFTH GRADE. Proposed Amendment to the Constitution. No. 214 (Senate Resolution No. 196). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds; to authorize Floyd County to levy a tax to pay the tuition and expenses of students attending such schools; to authorize Floyd County to join with other counties and municipalities to establish area schools beyond the twelfth grade; 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: Any other provision of the Constitution to the contrary notwithstanding, the governing authority of Floyd County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so acquired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade. Establishment, support, etc. In order to finance such undertaking, the governing authority of Floyd County is hereby authorized to issue

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general obligation bonds from time to time bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued in pursuance of the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obligation bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness herein provided for shall be upon all the taxable property in Floyd County, including any such property in any municipal or independent school system or district. Prior to exercising the authority herein granted, the governing authority of Floyd County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Floyd County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State. The governing authority of Floyd County is further authorized to levy and collect a tax upon all taxable property within Floyd County, including any such property in any municipal or independent school system or district for the purpose of paying all or part of the tuition and expenses of any students attending any such school beyond the twelfth grade established pursuant to this amendment. Any funds collected from the levy of such tax shall be transferred to the Board of Regents of the University System of Georgia to be used by the said Board of Regents for the purpose provided herein. Section 2. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Floyd County, either independently or jointly with any one or more counties, or any one or more municipalities,

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or any county and municipality, or any combination thereof, when such counties or municipalities have similar constitutional authority, may establish area schools beyond the twelfth grade. The State is hereby authorized to expend funds for the support of such schools as it does for presently established school systems. The political subdivisions establishing such a school shall provide for a joint board to administer any such school, and the State is hereby authorized to contract with such board relative to the expenditure of funds for such school. In the event any such school beyond the twelfth grade is established by Floyd County alone, then the governing authority of Floyd County shall administer and control such school, or in lieu thereof a local act may be passed prescribing how any such school shall be administered and controlled, and the State is hereby authorized to contract with such governing authority relative to the expenditure of funds for such school. Any such political subdivision is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision. Any such political subdivision is hereby authorized to incur bonded indebtedness not to exceed three per centum of the assessed value of all the taxable property therein for the support of such a school. Any such bonded indebtedness shall be incurred pursuant to the provisions of this Constitution and the laws of this State relative to incurring other bonded indebtedness. Such bonded indebtedness shall be in addition to any and all other indebtedness authorized by the Constitution and the laws of Georgia. The amount of funds which each political subdivision establishing such a school shall pay shall be determined and agreed upon by and between all the political subdivisions involved. In the event it deems it necessary, the General Assembly is hereby authorized to enact laws pursuant to, but not in conflict with, the provisions of this paragraph. Area schools. 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,

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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 authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and for the payment of tuition and expenses of students, and to authorize Floyd County to join other counties and municipalities to establish area schools beyond the twelfth grade. Against ratification of amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and for the payment of tuition and expenses of students, and to authorize Floyd County to join other counties and municipalities to establish area schools beyond the twelfth grade. 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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BIBB COUNTYCITY OF MACONJOINT TAX COLLECTION, ETC. Proposed Amendment to the Constitution. No. 215 (Senate Resolution No. 199). A Resolution. Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same; 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 1, Paragraph VI of the Constitution of Georgia, is hereby amended by adding at the end thereof a new paragraph to read as follows: Provided, however, that notwithstanding any provision of law or of this Constitution to the contrary, the respective governing authorities of the City of Macon and the County of Bibb may, solely by their joint resolution, consolidate, merge and combine the offices, officers and functions of the City and of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes

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levied by the City of Macon and County of Bibb and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions, and, without limitation of the foregoing generality, including the retention, release, or combination of present offices and officers, positions and employees, the election or selection of officers and employees to perform such consolidated and combined tax functions, the compensation and tenure of office and employment of such officers and employees, their classification as officers or employees of either the City or County or both for purposes of compensation coverage and retirement, pension and old-age benefits, the designation of the place or places for the performance of the services and duties connected with or incident to the consolidated and combined tax function between the City and County, and all other related or incident matters; provided, further, however, that the Tax Commissioner of the County of Bibb, as elected from time to time pursuant to law applicable to such office, shall be in charge of such combined and consolidated tax office and function, subject, however, to such limitations upon his authority and power as may be imposed by said joint resolution, and such Tax Commissioner shall, except as to matters relating to ad valorem taxation, additionally perform the duties of his office as Tax Commissioner as required by law applicable to that office; provided, further, that in the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and County of Bibb shall not be affected hereby or hereunder; provided, further, that the powers herein delegated may be exercised from time to time and either together, separately or in any combination of the same. Provided, however, that such action may be changed, superseded, or revoked by legislative action which Act shall be binding on the City and County until subsequently changed by the General Assembly; and provided further

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nothing herein shall be construed to authorize any change in the ad valorem tax millage limitation prescribed by any legislative Act. 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 of Article XI, Section 1, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same. Against ratification of amendment of Article XI, Section 1, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property

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assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georgia and respecting any and all other matters relating or incident to the same. 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 COUNTYOFFICE OF CORONER ABOLISHED, OFFICE OF MEDICAL EXAMINER ESTABLISHED. Proposed Amendment to the Constitution. No. 216 (Senate Resolution No. 200). A Resolution. Proposing an amendment to the Constitution so as to abolish the office of Coroner in Cobb County, Georgia; to establish in lieu thereof the office of County Medical Examiner; to provide the 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 XI, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The office of Coroner in Cobb County, Georgia is hereby abolished and the office of County Medical Examiner is established in lieu thereof. The County Medical Examiner, who must be a physician authorized by law to use and dispense drugs and shall be licensed to practice medicine in Georgia, shall have all the powers, duties, liabilities and obligations of the office of Coroner, and shall have any powers, duties, liabilities and obligations hereafter imposed upon county medical examiners. The governing authority of Cobb County shall appoint a person to serve as the County Medical Examiner, and shall have the power and authority to fix his salary or fees and term of office, which term shall not exceed that of the appointing authority. The governing authority shall further have the right and power to employ such other officials and personnel to aid the County Medical Examiner, as said governing authority may deem necessary, such employments to be at salaries determined by the governing authority to be proper and necessary. The office of the Medical Examiner of Cobb County may use funds derived by the County from taxation within the County, said funds to be used for the paying of all necessary expenses of such office. The General Assembly may restrict, alter, modify or enlarge the duties, powers or liabilities of the office of Cobb County Medical Examiner. 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 abolish the office of Coroner in Cobb County and to establish in lieu thereof the office of County Medical Examiner and to provide the procedure connected therewith. Against ratification of amendment to the Constitution so as to abolish the office of Coroner in Cobb County and to establish in lieu thereof the office of County Medical Examiner 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 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. BALDWIN COUNTYSTREET IMPROVEMENTS, ETC. Proposed Amendment to the Constitution. No. 217 (Senate Resolution No. 142). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; to authorize the costs to be assessed against the abutting property owners; to provide

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for the issuance of bonds in connection 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 II of the Constitution, relating to taxation by counties, is hereby amended by adding at the end thereof the following: The governing authority of Baldwin County is hereby authorized to provide for the construction and maintenance, which shall include paving, of streets, sidewalks, and curbing within any subdivision located outside the corporate limits of any municipality in Baldwin County and to assess the costs pro rata against the abutting property owners. The governing authority is also authorized to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property. The governing authority is further authorized to issue and sell improvement bonds, the proceeds of which shall be used to carry out the provisions of this paragraph. The time is which said bonds shall be redeemed shall not exceed ten years, and the interest paid thereon shall not exceed six per cent per annum. 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 governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; to authorize

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the costs to be assessed against the abutting property owners; and to provide for the issuance of bonds in connection therewith. Against ratification of amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; to authorize the costs to be assessed against the abutting property owners; and to provide for the issuance of bonds in connection 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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VETOES (1963 Session) Veto No. Bill No. Subject Date of Veto No. 1 HB 167 To authorize and empower the City of St. Marys, Georgia, to borrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations, and for other purposes. 3-14-63 No. 2 HR 47-107 Authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County, and for other purposes. 4-2-63 No. 3 HB 642 To create a one member Commission of Roads and Revenues for Forsyth County; and for other purposes. 4-9-63 No. 4 HB 467 To place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation, and for other purposes. 4-9-63 No. 5 SB 159 To amend an Act reincorporating the Town of Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. L. 1960, p. 2523), so as to change the number of council members; and for other purposes. 4-12-63 No. 6 HB 352 To provide that it shall be unlawful to own, possess, use, maintain or operate pin ball machines or similar machines in the State of Georgia; and for other purposes. 4-15-63 No. 7 HB 35 To amend an Act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State Board of Education; and for other purposes. 4-17-63 No. 8 HB 134 To amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether, and for other purposes. 4-17-63 No. 9 HB 152 To authorize the Board of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes. 4-17-63 No. 10 HB 337 To amend an Act creating a new charter for the City of Douglasville; and for other purposes. 4-17-63 No. 11 HB 361 To repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes. 4-17-63 No. 12 HB 414 To amend an Act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years, and for other purposes. 4-17-63 No. 13 HB 518 To provide that its shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes. 4-17-63 No. 14 HB 534 To authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said Budget as to the commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County as is deemed meet and proper, and for other purposes. 4-17-63 No. 15 HB 602 To amend an Act known as the Minimum Foundation Program for Education Act, as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes. 4-17-63 No. 16 HB 638 To amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes. 4-17-63 No. 17 SB 112 To amend an Act incorporating and creating a new charter for the City of Jasper, approved December 22, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 3120), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 18 SB 122 To amend an Act establishing a new charter for the City of Roswell approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 19 SB 158 To amend the charter of the City of Macon contained in an Act approved August 3, 1927 (Ga. L. 1927, p. 1283), as heretofore amended, changed or re-enacted by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; to repeal conflicting laws; and for other purposes. 4-17-63 No. 20 HB 1174 To amend an Act establishing the City Court of Wrightsville, so as to increase the compensation of the Judge, and for other purposes. 3-18-64 No. 21 HB 907 To amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors as pertains to Coffee County; and for other purposes. 3-26-64 No. 22 HB 962 To amend an Act relating to the granting of bail for criminal offenses, so as to provide that as a matter of right in all offenses, except capital, the accused is entitled to bail; and for other purposes. 3-26-64 No. 23 HB 1218 To create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes. 3-26-64 No. 24 HB 1243 To amend an Act relating to the practice of all branches of professional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes. 3-26-64 No. 25 SB 200 To provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes. 3-26-64 No. 26 SB 279 To amend Code section 61-302, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes. 3-26-64 No. 27 SB 349 Creating a Teachers' Retirement Fund, approved Mar. 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to define, for the purposes of this Act, what salary deductions for contributions into the Fund shall be made; to repeal conflicting laws; and for other purposes. 3-26-64 No. 28 SB 350 To amend an Act providing for the retirement of judges of the Civil Court of Fulton County and others, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), so as to allow additional time for payments into said retirement fund by such persons who qualify for participation; to repeal conflicting laws; and for other purposes. 3-26-64 No. 29 SB 360 To amend an Act governing and regulating the use of the public roads and highways of this State, approved Mar. 27, 1941, as amended, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes. 3-26-64

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APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice T. GRADY HEAD Presiding Justice T. S. CANDLER Associate Justice BOND ALMAND Associate Justice CARLTON MOBLEY Associate Justice JOSEPH D. QUILLIAN Associate Justice BENNING M. GRICE Associate Justice ROBERT H. BRINSON, JR. Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant RICHARD LAWTON JORDAN, JR. Law Assistant ARNOLD WRIGHT, JR. Law Assistant THOMAS M. CLYBURN, JR. Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. FLORENCE B. COBB Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge H. E. NICHOLS Presiding Judge JOHN SAMMONS BELL Presiding Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge ROBERT L. RUSSELL, JR. Judge CHARLES A. PANNELL Judge CHARLES N. HOOPER Law Assistant BEN ESTES Law Assistant MISS SARA BRENNAN Law Assistant H. GRADY ALMAND, JR. Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant CHARLES J. DRIEBE Law Assistant MISS ALFREDDA SCOBEY Law Assistant LOUIS A. PEACOCK Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter CHARLES W. BALDWIN Sheriff

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SUPERIOR COURT CALENDAR FOR 1964 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, P. O. Box 7, Nashville. VICKERS NEUGENT, Solicitor-General, Austin St., Pearson. AtkinsonThird Monday in February; fourth Monday in October. BerrienFirst Monday in January; second Monday in September. ClinchFirst Mondays in March and October. CookFirst Mondays in February and November. LanierFourth Mondays in February and November. ALBANY CIRCUIT. HON. CARL E. CROW, Judge, Camilla. MASTON O'NEAL, Solicitor-General, Bainbridge. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. 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, Chief Judge, 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. WILLIAM T. BOYD, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

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ATLANTIC CIRCUIT. HON. HENRY H. DURRENCE, Judge, Claxton. PAUL E. CASWELL, Solicitor-General, Hinesville. 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. C. WESLEY KILLEBREW, Augusta; 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 1082

BRUNSWICK CIRCUIT. HON. WINEBERT DAN FLEXER, Judge, Brunswick. 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. 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. JERE F. WHITE, Solicitor-General, Cartersville. Bartow-First Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November.

Page 1083

CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. Albert B. Wallace, Solicitor-General, Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. 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. CONASAUGA CIRCUIT. HON. J. THOMAS POPE, Judge, Dalton. ROBERT VINING, Solicitor-General, Dalton. MurraySecond Mondays in February and November; fourth Mondays in May and July. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May 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 Mondays 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.

Page 1084

DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 County 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 JOE RYAN, JR., Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. EDWARD E. McGARITY, Solicitor-General, McDonough. 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; 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; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 1085

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; second Mondays in May and November. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September; second Monday in December. WalkerThird Mondays in February and August; first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; W. D. AULTMAN, Byron; HAL BELL, Macon, Judges. JACK J. GAUTIER, 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; third and fourth Mondays in November. MIDDLE CIRCUIT. HON. DARIUS N. BROWN, Judge, Swainsboro. WALTER C. McMILLAN, JR., Solicitor-General, 1st Avenue, 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.

Page 1086

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; first Monday in December. StephensSecond Mondays in January, April, July and October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. SIDNEY O. SMITH, JR., 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 Monday in March; second Monday in September. WhiteFirst 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 1087

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. J. K. WHALEY, Judge, McRae. ALBERT D. MULLIS, Solicitor-General, 903 - 9th Ave., 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; second Mondays in June and December. TelfairFourth Mondays in February and June; third and fourth Mondays in October. WheelerSecond Mondays in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WALTON USHER, Judge, Guyton COHEN ANDERSON, Solicitor-General, 3 Preston Dr., 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 1088

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 April and October. 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; first Monday in October. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. CHASTINE PARKER, Solicitor-General, Rome. FloydSecond Mondays in January, March, July, and September; 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 1089

SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Macon Rd., Americus. STEPHEN PACE, JR., Solicitor-General, 131 W. 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. H. FRANK 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; third Mondays in March, July, and September. RockdaleThird Monday in January; 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 1090

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P.O. Box 253, Tifton. IrwinThird and fourth Mondays in February and November; first Monday in July. TiftFirst Mondays in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; 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, Langham Road, 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. WarrenThird Monday in January; 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 Monday in March; first Monday in October. 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 1091

WESTERN CIRCUIT. HON. JAMES BARROW, 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 1093

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Austell; revenue bonds 1061 Baldwin County; off street parking, general obligation bonds 1029 Baldwin County; off street parking, revenue bonds 1037 Baldwin County; street improvements, etc. 1072 Barrow County; tax to encourage industrial development 1047 Berrien County; board of education 1021 Bibb CountyCity of Macon; joint tax collection, etc. 1067 Brooks County; school superintendent 859 Brunswick; downtown Brunswick 848 Brunswick; tax rate in territory hereafter acquired 965 Camden County; board of tax assessors 972 Camden County; stabilized tax program 847 Chatham CountyCity of Savannah; joint board of tax assessors 986 Chatham County; fire, water, etc. districts 874 Chattooga County; board of education, authority to borrow money 909 Clinch County Development Authority 913 Cobb County; business licenses 1024 Cobb County; garbage collection districts 920 Cobb County; incinerators and refuse facilities 936 Cobb County; office of coroner 1070 Cobb County; zoning and planning 814 Collection of business license fees by counties 1022 Colquitt County; board of education 893 Coweta County; fire, water, etc. districts 906 DeKalb County; collection of municipal taxes 967 DeKalb County; streets, sidewalks, etc. within municipalities 889 DeKalb County; tax for administrative cost of collecting construction cost of lateral sewer lines 990 Dublin-Laurens School System 903 Floyd County; education beyond twelfth grade 1063 Floyd County; merger of school systems 984 Forsyth County; board of education 975 Forsyth County; school superintendent 1019 Fulton County; office of coroner 872 Fulton County; stadium in City of Atlanta 891 Gainesville and Hall County Development Authority 866 Greene County; board of education 969 Habersham County Industrial Development Authority 876 Habersham County; notices of proposed local legislation 918 Hall County; board of education 845 Hancock County; appointment of school superintendent 777 Hogansville Development Authority 794 Homestead exemption for certain disabled veterans 1027 Homestead exemptions for persons 65 years of age or older 939

Page 1094

Houston County Development Authority 1055 Johnson County Development Authority, tax to promote industry 838 Jones County; board of education 900 LaGrange Development Authority 779 Laurens County; board of education 941 Macon; lists of registered voters 931 Madison County; board of education 885 Medical Scholarships; repayment 944 Milledgeville; off street parking, general obligation bonds 1032 Milledgeville; off street parking, revenue bonds 1035 Muscogee County; school taxes 883 Newton County Industrial Development Authority 825 Oconee County; board of education 911 Paulding County; board of education 832 Program of guaranteed student loans 1015 Public Transportation of Passengers for Hire; Atlanta area 1008 Rockdale County; debt limitation 943 Sandersville; tax to promote industry 934 Screven County; board of education 835 Spalding County; street improvements, etc. 1045 State Scholarship Commission 1000 Stephen County City of Toccoa; joint board of tax assessors 1040 Tallapoosa Development Authority 923 Thomas County; bonds and tax for educational facilities beyond twelfth grade 809 Thomaston; operation, etc. of utilities 897 Thomaston-Upson County Development Authority 817 Toccoa-Stephens County Building and Parks Authority 948 Troup County Development Authority 786 Vidalia Development Authority; extension of activities, tax exemption 1043 Waco Development Authority 860 Walker County; development authority, bonds 1013 Walker County; fire prevention districts 1017 Ware County; board of education 928 Warner Robins Development Authority 1049 Washington County; development authority 993 Washington County; tax to promote industry 998 Wayne County Industrial Development Authority 1002 West Point Development Authority 801 Whitfield County; board of education 978 Whitfield County; bonds and tax for educational facilities beyond twelfth grade 811 Workmen's compensation for school personnel 1011 CODE SECTIONS. 3-110.1Enacted Actions 140 3-1004Amended Loss of Consortium 763 10-301Amended Exceptions to reports of auditors 697

Page 1095

13-904Amended Banks and banking 689 13-1101Amended Banks and Banking 75 20-704Enacted Interpretation of contracts 414 21-105Amended Coroner's compensation 278 23-1703Amended Advertisement of public works contracts in certain counties (250,000 or more) 764 24-1801Amended Clerks for ordinaries in certain counties (18,110-18,120) 332 24-2603Amended Qualifications of judges of superior courts 363 24-2715Amended Superior court index records 412 24-2901Amended Qualifications of solicitors-general 362 26-2612Amended Larceny of domestic animals 277 26-2612.1Enacted Larceny of dogs 277 26-3805Amended Communication systems 768 27-2502, 27-2503Repealed Punishment for felonies 483 27-2506Amended Misdemeanor punishment 485 27-2526Repealed Punishment for felonies 483 27-2529Amended Fines in felony cases 496 29-401.1Enacted Voluntary deeds 475 Chapter 32-18Amended Health Code 499 32-911Amended Health Code 499 34-1301Amended Election precincts in certain counties 191 Chapter 35-2Amended Georgia Health Code 499 32-111Amended Compensation of Regents 454 32-503Amended State Superintendent of Schools 677 32-927Amended County Boards of Education 169 34-2301Amended Congressional Districts 478 Chapter 35-3Repealed Georgia Health Code 499 Chapter 35-6Amended Health Code 499 39-1105Amended Legal advertisements 77 42-102.1Enacted Drug inspectors 276 46-102Amended Garnishment 220 46-105Amended Garnishment 220 47-102Amended Lanier County 127 47-102Amended Senatorial districts 691 49-204Amended Sale, etc. of ward's estate 440 Chapter 49-6Amended Health Code 499 54-626Amended Employment Security Law 217 54-628Amended Employment Security Law 443 54-650.1Amended Employment Security Law 443 54-650.2Enacted Employment Security Law 443 56-407AAmended Uninsured motorist 306 56-1310Enacted Taxation of life insurance companies 122 56-2101Amended Reciprocal insurance defined 287 56-2430.1Enacted Cancellation of insurance policies 335 58-210Enacted Seizure of contraband 722 59-206Amended Grand jurors 284 60-209Amended Title to lands 170 64-202.1Enacted Quo warranto 766 67-108.1Enacted Railroad and public utility mortgages 368

Page 1096

68-502Amended Tow trucks, etc. 298 68-602Amended Tow trucks, etc. 297 74-101.1Enacted Legitimate children 166 74-9903Enacted Abandonment of pregnant wife 224 77-312Amended County prisoners 491 77-319Amended Rehabilitation of prisoners 734 77-519 Revocation of paroles 497 77-525Amended Paroles 487 81-212.1Enacted Service of Process 301 84-205, 84-211, 84-215Amended Certification of Accountants 723 87-202Amended Bond elections 260 Title 88Amended Health Code 499 89-505Enacted Removal of officers convicted of a felony 689 89-816Amended Bonds of department heads 282 Chapter 91-1AEnacted State Properties Control Code 146 92-220Amended Applications for homestead exemptions in certain counties (250,000-500,000) 767 92-1403Amended Motor Fuel Tax Law 312 92-2902Amended Truck licenses 80 92-3102Amended Corporations' tax rate 67 92-3211Amended Income tax 453 92-3305bAmended Income tax 451 92-4101Amended City of Pelham 68 92-5301Amended Compensation of tax collectors and tax commissioners in certain counties (55,000-73,000) 733 92-5301Amended Tax Collectors compensation 208 92-6201Amended Tax returns 457 92-6206Amended Tax returns 333 92-6216Amended Tax returns 333 92-6402Amended Taxes due in installments in certain counties (250,000-500,000) 328 92-6917Amended Tax assessments 241 108-315Amended Trustees 270 Title 109AAmended Uniform Commercial Code 70 1131301Amended County administrators 300 113-1522Amended Attorney's fees 211 113-2307, 113-2308, 113-2309Enacted Discharge of executors 269 114-101Amended Workmen's Compensation 675 COURTS. SUPREME COURT. Membership in Employees' Retirement System 115 Office of justice emeritus 240 COURT OF APPEALS. Membership in Employees' Retirement System 115 Office of judge emeritus 239

Page 1097

SUPERIOR COURTS. Alapaha Circuit; terms, etc. 175 Brunswick Circuit; law books 3200 Clerks index records 412 Clerks' retirement fund 202 , 407 Coweta Circuit; assistant solicitor-general 361 Duties of clerks in certain counties (6,200-6,225) 3234 Eastern Circuit; clerk's salary 271 Federal Social Security for judges 303 Griffin Circuit; compensation of solicitor-general 321 Gwinnett; grand juries 237 Judges' qualifications 363 Judges Retirement Fund Act amended 198 , 720 Jury clerks in certain counties (500,000 or more) 2119 Law libraries in certain judicial circuits (65,500-65,600) 2929 Lumpkin; terms 442 Northern Circuit; judge's compensation 188 Procedure for summoning grand jurors 284 Seminole; terms 364 Solicitors-general, qualifications 362 Solicitors-general; retirement credit for service in armed forces 366 Solicitors-General Retirement Fund Act amended 214 , 758 Stone Mountain Circuit; salary of court reporter 329 Tifton Circuit; compensation of solicitor-general 279 White; terms 275 CITY COURTS. Albany; jurisdiction, etc. redefined 3053 Brunswick; sheriff 2572 Floyd; judge's salary 2167 Hinesville; solicitor's qualifications 2158 Leesburg; abolished 2075 Lexington; judge 2931 Louisville; practice and procedure 2399 Macon; destruction of certain records authorized 2780 Macon; rules in traffic cases 2782 Oglethorpe; solicitor placed on salary basis 2224 Polk; salaries 2936 Sandersville; name changed, court costs, etc. 2247 Savannah; compensation of sheriff 2511 Swainsboro; practice and procedure, terms, etc. 2581 Washington; name changed, court costs, etc. 2247 CIVIL AND CRIMINAL COURTS. Clayton; created 2032 Cobb; created 3211

Page 1098

CIVIL COURTS. Bibb; practice and procedure 2381 Bibb; use of microfilm equipment, etc. 2688 CRIMINAL COURTS. Fulton; compensation of assistant solicitors-general 3246 JUVENILE COURTS Judges' salaries in certain counties (150,000-175,000) 2375 Judges' salaries in certain counties (250,000-350,000) 2596 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES. Appling; officers placed on salary basis, referendum 2681 Atkinson; compensation of tax commissioner 2227 Atkinson; terms of superior court, etc. 175 Baldwin; off street parking, general obligation bonds; proposed amendment to the Constitution 1029 Baldwin; off street parking, revenue bonds, proposed amendment to the Constitution 1037 Baldwin; street improvements, etc., proposed amendment to the Constitution 1072 Barrow; tax to encourage industrial development, proposed amendment to the Constitution 1047 Berrien; board of education, proposed amendment to the Constitution 1021 Berrien; terms of superior court, etc. 175 Bibb; contract with named railroads authorized 2121 Bibb; joint tax collection, etc. with City of Macon, proposed amendment to the Constitution 1067 Bibb; lease of land by State authorized 747 Bibb; streets, etc. within municipalities 2831 Brooks; school superintendent, proposed amendment to the Constitution 859 Bulloch; clerical help for commissioners of roads and revenues 3126 Bryan; compensation of sheriff and clerk of superior court 2862 Camden; board of tax assessors, proposed amendment to the Constitution 972 Camden; stabilized tax program, proposed amendment to the Constitution 847 Carroll; assistant solicitor-general 361 Charlton; office of tax commissioner created 2459 Chatham; board of tax assessors, proposed amendment to the Constitution 986 Chatham; clerk of superior court 271 Chatham; compensation, etc. of ordinary 2251 Chatham; coroner's compensation 2513

Page 1099

Chatham; fire, water, etc. districts, proposed amendment to the Constitution 874 Chattooga; audits 2848 Chattooga; authority of board of education to borrow money, proposed amendment to the Constitution 909 Chattooga; clerk of superior court placed on salary basis 2991 Chattooga; compensation of commissioner of roads and revenues and clerk 2999 Chattooga; compensation of ordinary, etc. 3176 Chattooga; sheriff placed on salary basis 2996 Chattooga; tax collector placed on salary basis 2994 Chattooga; tax receiver placed on salary basis 2846 Clarke; jurisdiction, etc. of magistrate's court 3255 Clayton; paving of streets, etc. 2384 Clayton; public transportation, proposed amendment to the Constitution 1008 Clinch; compensation for road work 2842 Clinch; development authority, proposed amendment to the Constitution 913 Clinch; terms of superior court, etc. 175 Cobb; business licenses, proposed amendment to the Constitution 1024 Cobb; civil service system 2502 Cobb; commissioner of roads and revenues and advisory board 3117 Cobb; garbage collection districts, proposed amendment to the Constitution 920 Cobb; incinerators and refuse facilities, proposed amendment to the Constitution 936 Cobb; office of coroner abolished, proposed amendment to the Constitution 1070 Cobb; primary elections 2927 Cobb; public transportation, proposed amendment to the Constitution 1008 Cobb; zoning and planning, proposed amendment to the Constitution 814 Cobb; zoning law amended 3181 Colquitt; board of education; proposed amendment to the Constitution 893 Cook; election of commissioners of roads and revenues, referendum 2093 Cook; terms of superior court, etc. 175 Coweta; assistant solicitor-general 361 Coweta; fire, water, etc. districts, proposed amendment to the Constitution 906 Crisp; election of county commissioners 2253 DeKalb; collection of municipal taxes, proposed amendment to the Constitution 967 DeKalb; county depository 2933 DeKalb; members of planning commission 2876 DeKalb; pension board Act amended 2550

Page 1100

DeKalb; public transportation, proposed amendment to the Constitution 1008 DeKalb; recorder's court Act amended 2545 DeKalb; salary of court reporter 329 DeKalb; streets, sidewalks, etc. within municipalities, proposed amendment to the Constitution 889 DeKalb; tax for administrative cost of collecting construction cost of lateral sewer lines, proposed amendment to the Constitution 990 Dougherty; contracts with Albany Stadium Authority 2006 Dougherty; office of justice of the peace abolished 2593 Douglas; compensation of commissioners of roads and revenues 3084 Douglas; officers placed on salary basis 2082 Early; compensation of clerk of commissioners of roads and revenues 2754 Elbert; superior court judge's salary 188 Emanuel; land conveyance 745 Fayette; compensation of solicitor-general 321 Floyd; annual audits 2470 Floyd; compensation of tax commissioner, etc. 2855 Floyd; education beyond twelfth grade, proposed amendment to the Constitution 1063 Floyd; merger of school systems, proposed amendment to the Constitution 984 Floyd; number of deputy sheriffs 2881 Forsyth; board of education, proposed amendment to the Constitution 975 Forsyth; school superintendent, proposed amendment to the Constitution 1019 Franklin; superior court judge's salary 188 Fulton; board of education pension plan amended 3051 Fulton; employees' pension system 2978 Fulton; employees' pension system Act amended 3078 Fulton; Fulton County-City of Atlanta Study Commission 2835 Fulton; local education commission 3171 Fulton; office of coroner abolished, proposed amendment to the Constitution 872 Fulton; office of coroner replaced with office of medical examiner 2415 Fulton; pension Act for teachers, etc. amended 2908 Fulton; public transportation, proposed amendment to the Constitution 1008 Fulton; selection of tax commissioner 3136 Fulton; stadium in City of Atlanta, proposed amendment to the Constitution 891 Glynn; compensation of sheriff, etc. 2577 Gordon; tax commissioner placed on salary basis 3066 Greene; board of education, proposed amendment to the Constitution 969 Greene; commissioners of roads and revenues 2170

Page 1101

Gwinnett; grand juries 237 Gwinnett; public transportation, proposed amendment to the Constitution 1008 Habersham; industrial development authority, proposed amendment to the Constitution 876 Habersham; notices of proposed local legislation, proposed amendment to the Constitution 918 Hall; board of education, proposed amendment to the Constitution 845 Hall; development authority 2282 Hall; development authority, proposed amendment to the Constitution 866 Hall; street improvement assessments 2268 Hancock; compensation of tax commissioner 2087 Hancock; officers placed on salary basis, referendum 2088 Hancock; school superintendent, proposed amendment to the Constitution 777 Harris; compensation of commissioners of roads and revenues 2667 Harris; coroner placed on salary basis 2623 Harris; pension system 2648 Hart; board of finance, referendum 2028 Hart; superior court judge's salary 188 Heard; assistant solicitor-general 361 Houston; clerk of superior court placed on salary basis 2811 Houston; land conveyance 742 Houston; development authority, proposed amendment to the Constitution 1055 Houston; ordinary placed on salary basis 2816 Houston; sheriff placed on salary basis 2819 Houston; tax commissioner placed on salary basis 2813 Irwin; compensation of solicitor-general 280 Jenkins; terms of commissioners of roads and revenues 3073 Johnson; development authority, tax to promote industry, proposed amendment to the Constitution 838 Jones; board of education; proposed amendment to the Constitution 900 Lanier; senatorial district 127 Lanier; terms of superior court, etc. 175 Laurens; board of education, proposed amendment to the Constitution 941 Laurens; conveyance of school 754 Laurens; Dublin-Laurens School System, proposed amendment to the Constitution 903 Lee; clerk of superior court placed on salary basis 3231 Liberty; members, etc. of industrial authority 2110 Lowndes; land conveyance 752 Lumpkin; terms of superior court 442 McDuffie; commissioners of roads and revenues, referendum 2095 McDuffie; compensation, etc. of sheriff, referendum 2107 McDuffie; office of tax commissioner created, referendum 2104

Page 1102

Macon; clerk of superior court placed on salary basis 2216 Macon; coroner placed on salary basis 2218 Macon; ordinary placed on salary basis 2364 Macon; sheriff placed on salary basis 2220 Macon; tax collector placed on salary basis 2222 Macon; tax receiver placed on salary basis 2214 Madison; board of education, proposed amendment to the Constitution 885 Madison; superior court judge's salary 188 Meriwether; assistant solicitor-general 361 Monroe; commissioners of roads and revenues, referendum 2542 Murray; compensation of commissioner of roads and revenues, referendum 2672 Muscogee; public health department budget 2784 Muscogee; salaries of commissioners of roads and revenues 2321 Muscogee; school taxes, proposed amendment to the Constitution 883 Newton; industrial development authority, proposed amendment to the Constitution 825 Newton; salary of court reporter 329 Oconee; board of education, proposed amendment to the Constitution 911 Oglethorpe; superior court judge's salary 188 Paulding; board of education, proposed amendment to the Constitution 832 Paulding; watershed projects, etc. 2590 Peach; board of commissioners of roads and revenues, referendums 2627 Peach; compensation of tax commissioner 2625 Pickens; commissioner of roads and revenues, referendum 2066 Pike; compensation of solicitor-general 321 Polk; compensation of coroner 3082 Polk; compensation of ordinary, sheriff, etc. 3185 Polk; flood control, etc. 2982 Polk; office of tax commissioner created 2265 Rabun; clerk of superior court placed on salary basis 2241 Rabun; secretary for clerk of superior court 2157 Richmond; audits 2810 Richmond; board of education 2832 Richmond; elections to fill vacancies in county offices 2809 Rockdale; debt limitation, proposed amendment to the Constitution 943 Rockdale; salary of court reporter 329 Screven; board of education, proposed amendment to the Constitution 835 Seminole; terms of superior court 364 Spalding; compensation of solicitor-general 321 Spalding; street improvements, etc., proposed amendment to the Constitution 1045 Stephens; Stephens County-City of Toccoa; joint board of tax assessors, proposed amendment to the Constitution 1040

Page 1103

Stephens; Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 Stewart; small claims court 2486 Tattnall; recording of family histories 2231 Thomas; bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 809 Thomas; sheriff placed on salary basis, referendum 2497 Tift; commissioners of roads and revenues, referendum 2900 Tift; compensation of solicitor-general 280 Tift; purchases on competitive bid basis, referendum 3069 Tift; small claims court 2944 Troup; assistant solicitor-general 361 Troup; development authority, proposed amendment to the Constitution 786 Turner; compensation of solicitor-general 280 Union; audits 2878 Upson; bond and compensation of commissioners of roads and revenues 3235 Upson; compensation of solicitor-general 321 Upson; development authority, proposed amendment to the Constitution 817 Upson; office of tax commissioner created 2062 Walker; clerk of superior court placed on salary basis, referendum 2024 Walker; development authority 3104 Walker; development authority, bonds, proposed amendment to the Constitution 1013 Walker; fire prevention districts 2643 Walker; fire prevention districts, proposed amendment to the Constitution 1017 Walker; ordinary placed on salary basis, referendum 2014 Walker; tax commissioner, referendum 2018 Ware; board of education, proposed amendment to the Constitution 928 Ware; office of tax commissioner created, referendum 2455 Washington; compensation of commissioners of roads and revenues and superintendent of roads and bridges 3097 Washington; development authority, proposed amendment to the Constitution 993 Washington; tax to promote industry, proposed amendment to the Constitution 998 Wayne; industrial development authority, proposed amendment to the Constitution 1002 Whitfield; board of education, proposed amendment to the Constitution 978 Whitfield; bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 811 Whitfield; commissioners of roads and revenues, referendum 2175 Whitfield; compensation of tax commissioner 3249 Whitfield, law books 2844 Wilkes; officers' salaries 2633

Page 1104

Wilkes; tax commissioner's duties 2378 Wilkinson; monthly statements of commissioners of roads and revenues 2535 Wilkinson; office of tax commissioner created 2314 Worth; compensation of solicitor-general 280 COUNTIES AND COUNTY MATTERSBY POPULATION. Population bracket Less than 300,000 Workmen's Compensation Act applicable to school boards 675 2,675-3,250 Compensation of tax commissioners 2485 4,540-4,550 Compensation of sheriffs 2899 6,200-6,225 Duties of clerks of superior courts 3234 6,305-6,450 Powers of tax commissioner 2731 11,200-11,450 Maintenance of abandoned wells 2533 11,725-12,025 Judges of small claims courts 2528 13,100-13,150 Compensation of commissioners of roads and revenues 3103 13,100-13,150 Compensation of tax commissioners 2691 13,100-13,150 Officers placed on salary basis 3100 15,250-15,500 Coroners' compensation 278 18,110-18,120 Clerks for ordinaries 332 18,150-18,450 Use of voting machines 2864 23,300-23,699 Small claims courts 2944 23,750-23,850 Boards of tax assessors 3009 23,750-23,850 Tax collectors compensation 208 40,000 or more Sale of alcoholic beverages 771 42,000-43,000 Law libraries 2585 43,000-45,000 Compensation of governing authority 2481 49,500-67,500 Tax for roads 2898 50,000-75,000 Audits by boards of education 3253 50,000-75,000 Audits of hospital authorities 3075 55,000-73,000 Tax commissioners' compensation 733 114,000-116,000 Primary elections 2911 140,000-155,000 Election precincts 191 150,000-175,000 Emeritus offices 2427 250,000-350,000 Juvenile court judges' salaries 2596 250,000-500,000 Homestead exemptions 767 250,000-500,000 Revision of tax assessments 241 250,000-500,000 Salaries of named county officers 2309 250,000-500,000 Sheriff's duties 2885 250,000-500,000 Taxes due in installments 328 250,000-500,000 Tax returns 457 250,000-500,000 Use of voting recorders 3141 250,000 or more Advertisement of public works contracts 764 500,000 or more Jury clerks 2119 500,000 or more Use of voting recorders 3149 550,000 or more Assistant county administrators 300

Page 1105

COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population bracket 300,000 or more Joint City-County Boards of Tax Assessors in certain counties, attorneys 2423 300,000 or more Joint City-County Boards of Tax Assessors in certain counties, members 2562 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; charter amended 3010 Acworth; lake authority 2524 Albany; contracts with stadium authority 2009 Albany; corporate limits 2886 Albany; sewer line assessments 2376 Albany; stadium authority 2003 Alma; authority to abandon alley 2905 Alpharetta; corporate limits, referendum 2988 Athens; land conveyance authorized 2012 Athens; recorder's salary, etc. 2135 Atlanta; authority to sell described property 3225 Atlanta; civil service system 2565 Atlanta; compensation of personnel board 2323 Atlanta; Fulton County-City of Atlanta Study Commission 2835 Atlanta; legal counsel for board of education 2116 Atlanta; local educational commission 3171 Atlanta; public transportation, proposed amendment to the Constitution 1008 Atlanta; tax for construction of stadium 2206 Atlanta; vacancies in office 2198 Augusta; charter amended 2403 Augusta; land conveyance authorized 383 Augusta; water service 2659 Austell; charter amended 3264 Austell; revenue bonds, proposed amendment to the Constitution 1061 Bartow; hours of holding elections 2299 Bogart; voter registration 2436 Brunswick; corporate limits 3086 Brunswick; downtown Brunswick, proposed amendment to the Constitution 848 Brunswick; tax rate in territory hereafter acquired, proposed amendment to the Constitution 965 Canon; new charter 3026 Canton; city manager 2257 Canton; corporate limits 2429 Canton; corporate limits, referendum 2431 Carrollton; compensation of councilmen 2515 Cedartown; primary elections 2984 Centerville; corporate limits 2860 Centerville; police court 2858

Page 1106

College Park; charter amended 2788 , 2801 College Park; corporate limits 2990 Columbus; mayor's salary 3262 Columbus; public health department budget 2784 Columbus; title to streets 2882 Commerce; education study commission 3157 Cordele; authority to sell certain land 2390 Culloden; charter amended 2537 Dallas; tax returns 2587 Dalton; corporate limits 2190 , 2359 Dalton; hours of holding elections 2358 Danielsville; charter amended 2370 Danville; charter amended 3128 Darien; new charter 2708 Dawsonville; mayor and councilmen 3094 Decatur; flood control 2397 Douglasville; city manager 2313 Douglasville; elections 2311 Dublin; Dublin-Laurens School System; proposed amendment to the Constitution 903 East Point; corporate limits 3273 East Point; legal department 3240 East Point; mayor's secretary 3271 East Point; personnel board of appeals 2557 East Point; petitions for referendums 2554 East Thomaston; corporate limits 2244 Ellaville; corporate limits 3008 Empire; new charter, referendum 2954 Ephesus; incorporated 2325 Fayetteville; charter amended 2386 Fitzgerald; corporate limits 2462 Fort Valley; elections, off street parking 2669 Gainesville; development authority 2282 Gainesville; development authority, proposed amendment to the Constitution 866 Gainesville; hours of holding elections 3251 Greenville; ad valorem tax rate, referendum 2154 Griffin; corporate limits 2418 Griffin; elections 2366 Griffin; employees' pension system 2368 Hamilton; new charter 2601 Hapeville; employees pension system amended 3138 Hapeville; sewer tax 2986 Hawkinsville; elections, etc. 2663 Hogansville; development authority, proposed amendment to the Constitution 794 Ivey; ad valorem tax rate 2318 Jasper; charter amended, referendum 2078 Jeffersonville; charter amended 2756 Kennesaw; charter amended 2354

Page 1107

Kingsland; elections 2263 Kingsland; meetings of council 2260 LaFayette; charter amended 3178 LaGrange; corporate limits 2235 LaGrange; development authority, proposed amendment to the Constitution 779 Lithonia; hours of holding elections 2473 Lithonia; office of recorder 2295 McRae; title to described property 3228 Macon; authority to convey title to described air space 3243 Macon; contract with named railroads authorized 2137 Macon; joint tax collection, etc. with Bibb County, proposed amendment to the Constitution 1067 Macon; land conveyance authorized 748 Macon; lists of registered voters, proposed amendment to the Constitution 931 Macon; voter registration 2676 Macon; water commissioners retirement system 2695 Marietta; charter amended 2822 Meigs; authority to close alley 2895 Milledgeville; off street parking, general obligation bonds, proposed amendment to the Constitution 1032 Milledgeville; off street parking, revenue bonds, proposed amendment to the Constitution 1035 Monroe; authority to close street 2050 Monroe; election of councilmen 2056 Monroe; mayor's salary 2052 Moultrie; corporate limits 2301 Moultrie; tax rate for schools, referendum 2305 North Atlanta; charter abolished 3237 Pelham; school board 2072 Pelham; tax rate 68 , 2070 Perry; numbered council posts 2805 Pine Lake; pensions for policemen 2483 Pine Mountain; corporate limits, referendum 2939 Pooler; charter amended, referendum 2288 Powder Springs; corporate limits 2807 Quitman; number of commissioners, referendum 2776 Rome; employees' retirement 2046 Rossville; ad valorem tax rate 3135 Roswell; charter amended 2799 Roswell; corporate limits 2791 , 2795 St. Marys; airport authority 2438 St. Marys; compensation of mayor and aldermen 2261 St. Marys; term of mayor 2693 Sandersville; corporate limits 2476 Sandersville; compensation of mayor, etc. 2292 Sandersville; tax to promote industry, etc., proposed amendment to the Constitution 934 Savannah; board of tax assessors, proposed amendment to the Constitution 986

Page 1108

Savannah; corporate limits 2233 Savannah; police jurisdiction 2850 Savannah; revenues for services 2425 Scotland; charter amended 3047 Sharpsburg; corporate limits 2200 Smithville; hours of holding elections 2229 Smyrna; charter amended 2913 Stapleton; date of electing mayor and councilmen 2773 Suwanee; new charter, referendum 2733 Tallapoosa; development authority, proposed amendment to the Constitution 923 Thomaston; charter amended 2517 Thomaston; development authority, proposed amendment to the Constitution 817 Thomaston; operation, etc. of utility systems, proposed amendment to the Constitution 897 Thomson; corporate limits 2196 Tifton; salaries of commissioners, referendum 2361 Tifton; water and sewer lines, referendum 2208 Toccoa; Stephens County-City of Toccoa, joint board of tax assessors, proposed amendment to the Constitution 1040 Toccoa; Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 Turin; corporate limits 2202 Turin; water system 2204 Unadilla; authority to abandon alley 2059 Union City; charter repealed, referendum 2478 Vidalia; charter amended 2635 Vidalia; extension of activities of development authority, etc., proposed amendment to the Constitution 1043 Waco; development authority, proposed amendment to the Constitution 860 Warner Robins; development authority, proposed amendment to the Constitution 1049 Watkinsville; charter amended 2529 West Point; development authority, proposed amendment to the Constitution 801 Woodbury; ad valorem tax, referendum 2412 Woodstock; corporate limits, referendum 2351 Young Harris; terms of mayor and councilmen 2797 MUNICIPAL CORPORATIONSBY POPULATION Population Bracket 150,000 or more Employees' pension act amended 2407 , 2564 , 2598 , 3050 150,000 or more Firemen's Pension Act amended 2161 , 2409 150,000 or more Pension Act for policemen amended 2411 , 3001 300,000 or more Bond elections 260 300,000 or more Compensation of golf professionals 2707

Page 1109

MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES. Population Bracket 40,000 or more Sale of alcoholic beverages 771 RESOLUTIONS AUTHORIZING COMPENSATION. Alred, Homer C. 3167 Banks, E. W. 2836 Bruce, Mrs. Louise 3199 Clarke, C. W. 2838 Cleveland, Oley F. 2839 Clinch County 2842 Collins, Mr. and Mrs. James 3202 Cranford, Bonnie J. and James U. 3188 Hattaway, James E. 3195 Holmes, J. D. 3169 Horton, Cyrus W., IV 3164 Houck, James M. 2841 Johnson, Julius W. 3201 Jones, Mrs. Katherine Landers 3208 Kane, Paul T. 3192 Moore, Lawrence 3166 Nimmer Chevrolet Company 2834 Oxford, Mrs. Cynthia L. 3206 Parker, Alfred Buren 3197 Patton, J. F. 3160 Somers, William C., Jr. 3191 Trout, Monte F. 3162 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Atlanta DeKalb Industrial Park, Inc. 376 City of Augusta 383 Committee of 100, Inc. 401 Emanuel County 745 Forbes, Mrs. Walter T. 393 Fowler, Noel B. 379 Houston County 742 Laurens County Board of Education 754 Lowndes County 752 City of Macon 748 Peed, Marvin 755 MISCELLANEOUS RESOLUTIONS. Allocation of funds to establish dental college recommended 726 O. H. Banks Bridge designated 247 Mrs. A. W. Bramblett, Sr. Poet Laureate 254 Committee to Study Industrial Safety 249

Page 1110

Constitution Revision Commission 387 Election Laws Study Committee 76 Expenses of fiftieth national convention of American Association of Highway Officials 392 Four Lane Highway North of Atlanta urged 381 Fulton County-City of Atlanta Study Commission 2835 Jim L. Gillis, Sr. Bridge designated 243 Matilda Harris Elementary School designated 403 E. Clyde Kelley Bridge designated 180 Law books to Brunswick Judicial Circuit 3200 Law books to Whitfield County 2844 J. Alvin Leaphart, Sr. Bridge designated 389 Lease of land in Bibb County to United States authorized 747 Lease of land in Black Rock Mountain State Park authorized 160 Maynard Mill Bridge designated 251 Old Post Road designated 378 Old Soldiers Home bricks 751 Register of blind persons 386 Resources Advisory Board, Southeast River Basins 244 School Bus Transportation Study Committee 404 William Fred Scott, Sr. Highway designated 390 Senate Committee on Economy, Reorganization and Efficiency in State Government amended 744 Suspension of sales tax on Bibles, etc. ratified 179 Traffic Safety Committee 375 Hugh C. Tucker Bridge designated 246 Alexander H. Wray plaque 399

Page 1111

INDEX A ABANDONMENT OF PREGNANT WIFE Crime 224 ACCOUNTANCY, STATE BOARD OF Veterans credit 761 ACCOUNTANTS, CERTIFIED Fees 723 ACTIONS Deficiencies in improvements on real estate 140 Loss of consortium, statute of limitations 763 ACWORTH, CITY OF Charter amended 3010 ACWORTH LAKE AUTHORITY Members 2524 ADJUSTED SCHOOL PROPERTY TAX DIGEST Duty of State Auditor 706 ADMINISTRATIVE PROCEDURE ACT Enacted 338 ADOPTIONS Grounds for annulling repealed 411 ADVERTISEMENTS Rates for legal advertisements 77 ADVERTISING Outdoor advertising regulated 128 AGRICULTURE See also Commissioner of Agriculture . Agricultural products defined 296 Commodities Promotion Act amended 141 Farmers Market Authority Act amended 85 Fertilizer Act of 1960 amended 192 Nonresidents hauling agricultural products 242

Page 1112

AID TO DEPENDENT CHILDREN ACT Amended 125 Representatives to manage benefits 200 AID TO PERMANENTLY DISABLED ACT Amended 665 AID TO THE BLIND Representatives to manage benefits 200 AID TO TOTALLY AND PERMANENTLY DISABLED Representatives to manage benefits 200 AIR QUALITY CONTROL Chapter 88-9 Georgia Health Code 499 ALAPAHA JUDICIAL CIRCUIT Terms, etc. 175 ALBANY, CITY COURT OF Jurisdiction, etc. redefined 3053 ALBANY, CITY OF Contracts with Albany Stadium Authority 2009 Corporate limits 2886 Sewer line assessments 2376 ALBANY STADIUM AUTHORITY 1963 Act amended 2003 ALCOHOLIC BEVERAGES AND LIQUORS Act to legalize and control amended 62 Sale in certain counties and municipalities therein (40,000 or more) 771 ALCOHOLIC REHABILITATION Chapter 88-4 Georgia Health Code 499 ALIMONY Petitions to change permanent alimony 713

Page 1113

ALMA, CITY OF Authority to abandon alley 2905 ALPHARETTA, CITY OF Corporate limits, referendum 2988 ALRED, HOMER C Compensation for damages 3167 AMERICAN ASSOCIATION OF HIGHWAY OFFICIALS Expenses of fiftieth national convention 392 ANIMALS Abandonment of domestic animals 268 Larceny of dogs 277 APPLING COUNTY Officers placed on salary basis, referendum 2681 APPROPRIATIONS Law Department 232 Program for mentally retarded blind children 682 Supplementary Appropriations Act 183 AREA REDEVELOPMENT FINANCE ACT Enacted 728 ART Georgia Art Commission created 678 ARTIFICIAL INSEMINATION Legitimate children 166 ATHENS, CITY OF Land conveyance authorized 2012 Recorder's salary, etc. 2135 ATKINSON COUNTY Compensation of tax commissioner 2227 Terms of superior court, etc. 175

Page 1114

ATLANTA, CITY OF Authority to sell described property 3225 Civil service system 2565 Compensation of personnel board 2323 Fulton County-City of Atlanta Study Commission 2835 Legal counsel for board of education 2116 Local education commission in Atlanta and Fulton County 3171 Public transportation, proposed amendment to the Constitution 1008 Tax for construction of stadium 2206 Vacancies in offices 2198 ATLANTA DEKALB INDUSTRIAL PARK, INC. Land conveyance authorized 376 ATTORNEY GENERAL See also Law Department Office of Attorney General Emeritus 683 AUDITORS' REPORTS Exceptions 697 AUGUSTA, CITY OF Charter amended 2403 Land conveyance authorized 383 Water service 2659 AUSTELL, CITY OF Charter amended 3264 Revenue bonds, proposal amendment to the Constitution 1061 B BALDWIN COUNTY Off street parking, general obligation bonds, proposed amendment to the Constitution 1029 Off street parking, revenue bonds, proposed amendment to the Constitution 1037 Street improvements, etc., proposed amendment to the Constitution 1072 BANKS AND BANKING Investigation fee 689 Renewal of charters 75

Page 1115

BANKS, E. W. Compensation for damages 2836 BANKS, O. H. O. H. Banks Bridge designated 247 BARROW COUNTY Tax to encourage industrial development, proposed amendment to the Constitution 1047 BARTOW, TOWN OF Hours of holding elections 2299 BEDDING SANITATION Chapter 88-8 Georgia Health Code 499 BERRIEN COUNTY Board of education; proposed amendment to the Constitution 1021 Terms of superior court, etc. 175 BIBB COUNTY Contract with named railroads authorized 2121 Joint tax collection, etc. with City of Macon, proposed amendment to the Constitution 1067 Lease of land by State to United States authorized 747 Streets, etc. within municipalities 2831 BIBB COUNTY, CIVIL COURT OF Practice and procedure 2381 Use of microfilm equipment, etc. 2688 BIBLES Suspension of sales tax ratified 179 BILLS VETOED Bills vetoed by Governor listed 1075 , 3275 BLACK ROCK MOUNTAIN STATE PARK Lease of land to television station WSPA authorized 160

Page 1116

BLIND PERSONS Honorary fishing licenses 461 Program for mentally retarded blind children 682 Register of blind persons authorized 386 BOARD OF REGENTS Allocation of fund to establish dental college recommended 726 Compensation 454 Junior College Act amended 686 BOAT TRAILERS Certificate of title Act amended 178 BOATS Motor Fuel Tax Law amended 312 BOGART, TOWN OF Voter registration 2436 BOND ELECTIONS Consolidation in certain municipalities (300,000 or more) 260 BONDSSEE REVENUE BONDS AND CERTIFICATES BONDS OF DEPARTMENT HEADS Liability 282 BRAMBLETT, MRS. A. W., SR. Poet Laureate 254 BROOKS COUNTY School superintendent, proposed amendment to the Constitution 859 BRUCE, MRS. LOUISE Compensation for damages 3199 BRUNSWICK, CITY COURT OF Sheriff's compensation and duties 2572

Page 1117

BRUNSWICK, CITY OF Corporate limits 3086 Downtown Brunswick, proposed amendment to the Constitution 848 Tax rate in territory hereafter acquired, proposed amendment to the Constitution 965 BRUNSWICK JUDICIAL CIRCUIT Law books for judge 3200 BRYAN COUNTY Compensation of sheriff and clerk of superior court 2862 BUILDING AND LOAN ASSOCIATIONS Investments by fiduciaries, etc. 194 BULLOCH COUNTY Clerical help for commissioners of roads and revenues 3126 BUSINESS LICENSES Collection of business license fees by counties; proposed amendment to the Constitution 1022 C CAMDEN COUNTY Board of tax assessors, proposed amendment to the Constitution 972 Stabilized tax program, proposed amendment to the Constitution 847 CANON, CITY OF New charter 3026 CANTON, CITY OF City manager 2257 Corporate limits 2429 Corporate limits, referendum 2431 CAPITOL BUILDING Designation, etc. of office space 459

Page 1118

CARROLL COUNTY Assistant solicitor-general 361 CARROLLTON, CITY OF Compensation of councilmen 2515 CEDARTOWN, CITY OF Primary elections 2984 CENTERVILLE, CITY OF Corporate limits 2860 Police court 2858 CENTRAL OF GEORGIA RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 CERTIFICATION OF ACCOUNTANTS Fees 723 CERTIFICATE OF TITLE ACT Motor Vehicle Certificate of Title Act amended 178 , 436 CHARLTON COUNTY Office of tax commissioner created 2459 CHATHAM COUNTY Chatham County-City of Savannah; joint board of tax assessors, proposed amendment to the Constitution 986 Compensation, etc. of ordinary 2251 Coroner's compensation 2513 Fire, water, etc. districts, proposed amendment to the Constitution 874 Salary of clerk of superior court 271 CHATTOOGA COUNTY Audits 2848 Authority of board of education to borrow money, proposed amendment to the Constitution 909 Clerk of superior court placed on salary basis 2991 Compensation of commissioner of roads and revenues and clerk 2999 Compensation of ordinary, etc. 3176 Sheriff placed on salary basis 2996 Tax collector placed on salary basis 2994 Tax receiver placed on salary basis 2846

Page 1119

CHIEF DRUG INSPECTOR Police powers 276 CHILDREN Artificial Insemination 166 CIGARETTES Revenue Tax Act amended 50 CIGARS Revenue Tax Act amended 50 CITY COURT OF ALBANY Jurisdiction, etc. redefined 3053 CITY COURT OF BRUNSWICK Sheriff's compensation and duties 2572 CITY COURT OF FLOYD COUNTY Judge's salary 2167 CITY COURT OF HINESVILLE Solicitor's qualifications 2158 CITY COURT OF LEESBURG Abolished 2075 CITY COURT OF LEXINGTON Judge 2931 CITY COURT OF LOUISVILLE Practice and procedure 2399 CITY COURT OF MACON Destruction of certain records authorized 2780 Rules in traffic cases 2782 CITY COURT OF OGLETHORPE Solicitor placed on salary basis 2224

Page 1120

CITY COURT OF POLK COUNTY Salaries 2936 CITY COURT OF SANDERSVILLE Name changed to City Court of Washington County, court costs, etc. 2247 CITY COURT OF SAVANNAH Compensation of sheriff 2511 CITY COURT OF SWAINSBORO Practice and procedure, terms, etc. 2581 CITY COURT OF WASHINGTON COUNTY Named changed from City Court of Sandersville, court costs, etc. 2247 CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY Created 2032 CIVIL AND CRIMINAL COURT OF COBB COUNTY Created 3211 CIVIL COURT OF BIBB COUNTY Practice and procedure 2381 Use of microfilm equipment, etc. 2688 CLARKE COUNTY Jurisdiction, judge's salary, etc. of magistrates' court 3255 CLARKE, C. W. Compensation for damages 2838 CLAYTON COUNTY Paving of streets, etc. 2384 Public transportation, proposed amendment to the Constitution 1008 CLAYTON COUNTY, CIVIL AND CRIMINAL COURT OF Created 2032

Page 1121

CLERKS OF SUPERIOR COURT See also named counties and named judicial circuits . Salaries in certain counties (250,000-500,000) 2309 CLERKS OF SUPERIOR COURTS RETIREMENT FUND ACT Amended 202 , 407 CLEVELAND, OLEY F. Compensation for damages 2839 CLINCH COUNTY Compensation for road work 2842 Terms of superior court, etc. 175 CLINCH COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 913 COBB COUNTY Business licenses, proposed amendment to the Constitution 1024 Civil Service System Act 2502 Commissioner of roads and revenues and advisory board 3117 Garbage collection districts, proposed amendment to the Constitution 920 Incinerators and refuse facilities, proposed amendment to the Constitution 936 Office of coroner abolished, proposed amendment to the Constitution 1070 Primary elections 2927 Public transportation, proposed amendment to the Constitution 1008 Zoning and planning commission, proposed amendment to the Constitution 814 Zoning law amended 3181 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Created 3211 COLLEGE PARK, CITY OF Charter amended 2788 , 2801 Corporate limits 2990 COLLINS, MR. AND MRS. JAMES Compensation for death of son 3202

Page 1122

COLQUITT COUNTY Board of education; proposed amendment to the Constitution 893 COLUMBUS, CITY OF Mayor's salary 3262 Public health department budget 2784 Title to streets 2882 COMMERCE, CITY OF Education study commission 3157 COMMERCIAL CODE Uniform Commercial Code amended 70 COMMERCIAL UNION GROUP OF INSURANCE COMPANIES Alexander H. Wray plaque 399 COMMISSIONER OF AGRICULTURE See also Agriculture . Office of Commissioner of Agriculture Emeritus 683 COMMISSIONER OF LABOR See also Labor, Department of Office of Commissioner of Labor Emeritus 683 COMMISSIONERS OF ROADS AND REVENUES See also named county . Compensation in certain counties (13,100-13,150) 3103 COMMITTEE OF 100, INC. Easement authorized 401 COMMON AGENCY FUNDS Investments, etc. 215 COMMON TRUST FUNDS Maximum investments by trust estates 760 COMMUNICATION SYSTEMS Interfering with property 768

Page 1123

COMPTROLLER GENERAL Office of Comptroller General Emeritus 683 CONCURRENT SENTENCES Effect of concurrent sentences 494 CONGRESSIONAL DISTRICTS Designated 478 CONSORTIUM, LOSS OF Statute of limitation 763 CONSTITUTIONAL OFFICERS See also named office . Membership in Employees' Retirement System 115 CONSTITUTION REVISION COMMISSION Compensation of members 387 CONSTRUCTION CONTRACTS Supervisor of purchases 693 CONTRABAND Seizure, etc. of contraband used in manufacture of liquors 722 CONTRACTS Rules for interpretation 414 COOK COUNTY Election of commissioners of roads and revenues, referendum 2093 Terms of superior court, etc. 175 CORDELE, CITY OF Authority to sell certain land 2390 CORPORAL PUNISHMENT Use in schools 673 CORPORATIONS Filing of charter with Secretary of State 317 Tax rate 67

Page 1124

CORONERS See also named counties . Compensation in certain counties (15,250-15,500) 278 CORRECTIONS, STATE BOARD OF Costs of trials involving prison inmates 462 Misdemeanor prisoners 489 Rehabilitation of prisoners 734 COUNTIES See also named counties and Tabular Index Counties and County Mattersby Population. Business license fees, proposed amendment to the Constitution 1022 Compensation of governing authorities of certain counties (43,000-45,000) 2481 Confinement of prisoners 491 Emeritus offices in certain counties (150,000-175,000) 2427 Eminent domain for watersheds, etc. 234 Expenditure of funds for workmen's compensation for school personnel, proposed amendment to the Constitution 1011 Georgia Health Code 499 Legal investments 741 Prisoners good time allowances 493 Recreation systems, tax rates, etc. 213 Responsibility for misdemeanor prisoners 489 COUNTY ADMINISTRATORS Assistants in certain counties (550,000 or more) 300 COUNTY BOARDS OF EDUCATION See also named counties and Tabular Index Counties and County Mattersby Population. Expenditure of borrowed money 169 COUNTY OFFICERS See also named counties and Tabular Index Counties and County Mattersby Population. Disposition of fees when on salary basis 337 Placed on salary basis in certain counties (13,100-13,150) 3100 COUNTY TAXATION Taxes due in installments in certain counties (250,000-500,000) 328 COURT OF APPEALS Judges' membership in Employees' Retirement System 115 Office of judge emeritus 239

Page 1125

COWETA COUNTY Assistant solicitor-general 361 Fire, water, etc. districts, proposed amendment to the Constitution 906 COWETA JUDICIAL CIRCUIT Assistant solicitor-general 361 CRANFORD, BONNIE J. AND JAMES U. Compensation for damages 3188 CREDIT UNIONS Payments by State employees 255 CRIMES See also Criminal Procedure . Abandonment of domestic animals 268 Abandonment of pregnant wife 224 Conduct of officers, etc. of political subdivisions, etc. 261 Crab fishing in St. Andrews and Cumberland Sounds 174 Dealers in Firearms Act 177 Georgia Health Code 499 Illegal traffic in and removal of dead bodies. Chapter 88-27 Georgia Health Code 499 Interfering with communication systems 768 Larceny of dogs 277 Maintenance of abandoned wells in certain counties (11,200-11,450) 2533 Use of Governor's Staff emblems 198 CRIMINAL COURT OF FULTON COUNTY Compensation of assistant solicitors-general 3246 CRIMINAL PROCEDURE Concurrent sentences 494 Good time allowance of county prisoners 495 Costs of trials involving prison inmates 462 Fines in felony cases 496 Misdemeanor punishment 485 Penalties for violating size and load limitations of motor vehicles 476 Punishment in felony cases 483 Removal of State and county officers upon conviction of felony 689 Statutory good time allowance in felony cases 495

Page 1126

CRISP COUNTY Election of county commissioners 2253 CROSS ACTIONS Time of filing 165 CULLODEN, CITY OF Charter amended 2537 CUMBERLAND SOUND Taking of crab 174 CURRENT INCOME TAX PAYMENT ACT Amended 451 D DALLAS, CITY OF Tax returns 2587 DALTON, CITY OF Corporate limits 2190 , 2359 Hours of holding elections 2358 DANIELSVILLE, CITY OF Charter amended 2370 DANVILLE, TOWN OF Charter amended 3128 DARIEN, CITY OF New charter 2708 DAWSONVILLE, CITY OF Mayor and councilmen 3094 DEAD BODIES, BOARD OF DISTRIBUTION, ETC. Chapter 88-27 Georgia Health Code 499 DEALERS IN FIREARMS ACT Amended 177

Page 1127

DECATUR, CITY OF Flood control 2397 DECLARATORY JUDGMENTS State Literature Commission 161 DEEDS Effect of voluntary deeds 475 DEKALB COUNTY Collection of municipal taxes, proposed amendment to the Constitution 967 County depository 2933 Members of planning commission 2876 Pension Act amended 2550 Public transportation, proposed amendment to the Constitution 1008 Recorder's Court Act amended 2545 Salary of court reporter 329 Streets, sidewalks, etc. within municipalities, proposed amendment to the Constitution 889 Tax for administrative cost of collecting construction cost of lateral sewer lines, proposed amendment to the Constitution 990 DENTAL COLLEGE Allocation of funds to establish, recommended 726 DEPARTMENT OF FAMILY AND CHILDREN SERVICES Representatives to manage public assistance benefits 200 DEPARTMENT OF INDUSTRY AND TRADE Purchase of passenger carrying equipment 181 DEPARTMENT OF LABOR See also Commissioner of Labor Appropriation of funds 448 Employment Security Law amended 217 , 443 DEPARTMENT OF LAW Appropriation 232 DEPARTMENT OF PUBLIC HEALTH Georgia Health Code 499 Georgia Water Quality Control Act 416

Page 1128

DEPARTMENT OF PUBLIC SAFETY Construction cost of barracks, etc. 144 Director's salary 252 Driver licenses 171 Driver Responsibility Law amended 225 Vehicle Equipment Safety Compact 463 DEPARTMENT OF PUBLIC WELFARE Aid to permanently disabled 665 DEPENDENT CHILDREN Aid to Dependent Children Act amended 125 DISABLED, AID TO PERMANENTLY Act amended 665 DISABLED WAR VETERANS Homestead exemption 280 DOGS Larceny of dogs 277 DOMESTIC ANIMALS Abandonment 268 DOUGHERTY COUNTY Contracts by school system with Albany Stadium Authority 2006 Office of justice of the peace abolished 2593 DOUGLAS COUNTY Compensation of commissioners of roads and revenues 3084 Officers placed on salary basis 2082 DOUGLASVILLE, CITY OF City manager 2313 Elections 2311 DRIVER RESPONSIBILITY LAW Amended 225 DRUG INSPECTORS Police powers 276

Page 1129

DUBLIN-LAURENS SCHOOL SYSTEM Created, proposed amendment to the Constitution 903 E EARLY COUNTY Compensation of clerk of commissioners of roads and revenues 2754 EAST POINT, CITY OF Corporate limits 3273 Legal department 3240 Mayor's secretary 3271 Personnel Board of Appeals 2557 Petitions for referendums 2554 EAST THOMASTON, VILLAGE OF Corporate limits 2244 EASTERN JUDICIAL CIRCUIT Clerk's salary 271 EDUCATION See also name of municipality or County and Tabular IndexCounties and County Mattersby Population . Audits by certain county boards of education (50,000-75,000) 3253 Authority of State Board of Education to withhold funds 304 Bond of State Superintendent of Schools 677 Educational Improvement Council 711 Equalized adjusted school property tax digest 706 Georgia State Scholarship Commission 699 Higher Education Assistance Corporation 735 Junior Colleges Act amended 686 Minimum Foundation Program of Education 3 Program for mentally retarded blind children 682 Program of guaranteed student loans, proposed amendment to the Constitution 1015 Rehabilitation of prisoners 734 State Scholarship Commission, authorized, proposed amendment to the Constitution 1000 Use of corporal punishment in schools 673 Workmen's Compensation Act applicable to certain school boards (less than 300,000) 675 Workmen's compensation for school personnel, proposed amendment to the Constitution 1011

Page 1130

EDUCATION, COUNTY BOARDS OF See also named boards . Expenditures of borrowed money 169 EDUCATION, VOCATIONAL Register of blind persons authorized 386 ELBERT COUNTY Superior court judge's salary 188 ELECTIONS Bond elections in certain municipalities (300,000 or more) 260 Congressional districts 478 Election Laws Study Committee 76 Precincts in certain counties (140,000-155,000) 191 Primary elections in certain counties (114,000-116,000) 2911 Senatorial Districts, Lanier County 127 Time off for employees to vote 253 Use of voting machines in certain counties 2864 Use of voting records in certain counties (250,000-500,000) 3141 Use of voting recorders in certain counties (500,000 or more) 3149 ELLAVILLE, CITY OF Corporate limits 3008 EMANUEL COUNTY Land conveyance 745 EMBALMING Defined. 27-2713 Georgia Health Code 499 EMERITUS OFFICERS See also named offices . Act creating certain emeritus offices not applicable to future officers 683 Authorized in certain counties (150,000-175,000) 2427 EMPIRE, CITY OF New charter, referendum 2954 EMPLOYEES Rights of certain State employees contracting tuberculosis. Chapter 88-24 Georgia Health Code 628 Time off to vote 253

Page 1131

EMPLOYEES' HEALTH INSURANCE ACT Coverage for certain employees 196 EMPLOYEES' RETIREMENT SYSTEM Benefit tables, etc. 119 Credit for prior service; employees of General Assembly 158 Credit for prior service 237 Membership of appellate court judges and Constitutional officers 115 EMPLOYMENT SECURITY LAW Amended 217 Collection of tax, etc. 443 EPHESUS, CITY OF Incorporated 2325 EYE BANKS Chapter 88-20 Georgia Health Code 499 F FARMERS MARKET AUTHORITY ACT Bonds 85 FAYETTE COUNTY Compensation of solicitor-general 321 FAYETTEVILLE, CITY OF Charter amended 2386 FEDERAL SAVINGS AND LOAN ASSOCIATIONS Investments by fiduciaries, etc. 194 FEES Disposition when county officers on salary basis 337 FELONY CASES Fines 496 Punishment 483 Statutory good time allowance 495

Page 1132

FERTILIZER ACT OF 1960 Amended 192 FIDUCIARIES Investments in building and loan, etc. shares 194 Legal status, etc. 258 FINES Felony cases 496 FIREARMS Dealers in Firearms Act amended 177 FISHING LICENSES Honorary licenses for blind persons 461 FITZGERALD, CITY OF Corporate limits 2462 FLOYD COUNTY Annual audits 2470 Compensation of tax commissioner, etc. 2855 Education beyond twelfth grade, proposed amendment to the Constitution 1063 Merger of school systems, proposed amendment to the Constitution 984 Number of deputy sheriffs 2881 FLOYD COUNTY, CITY COURT OF Judge's salary 2167 FOOD SERVICE ESTABLISHMENTS Chapter 88-10 Georgia Health Code 499 FORBES, MRS. WALTER T. Land conveyance authorized 393 FORESTERS, STATE BOARD FOR REGISTRATION Amended 409

Page 1133

FORSYTH COUNTY Board of education, proposed amendment to the Constitution 975 School superintendent, proposed amendment to the Constitution 1019 FORT VALLEY, CITY OF Elections, off street parking 2669 FOWLER, NOEL B. Land conveyance authorized 379 FRANKLIN COUNTY Superior court judge's salary 188 FULTON COUNTY Board of education pension plan amended 3051 Employees' Pension System Act amended 2978 , 3078 Local education commission in Atlanta and Fulton County 3171 Office of coroner abolished and office of medical examiner created 2415 Office of coroner abolished, proposed amendment to the Constitution 872 Pension Act for teachers, etc. amended 2908 Public transportation, proposed amendment to the Constitution 1008 Selection of tax commissioner 3136 Stadium in City of Atlanta, proposed amendment to the Constitution 891 FULTON COUNTYCITY OF ATLANTA STUDY COMMISSION Time for making report extended 2835 FULTON COUNTY, CRIMINAL COURT OF Compensation of assistant solictors-general 3246 G GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY Created 2282 Created, proposed amendment to the Constitution 866 GAINESVILLE, CITY OF Hours of holding elections 3251

Page 1134

GAME AND FISH Honorary fishing licenses for blind persons 461 Salary of director 330 Taking of crab from St. Andrews and Cumberland Sounds 174 Trapping of rabbits 193 GARNISHMENT Affidavits and summons 220 GENERAL APPROPRIATIONS ACT Department of Law 232 Program for mentally retarded blind children 682 GENERAL ASSEMBLY Assignment of office space 459 Employees' retirement 158 GEORGIA ADMINISTRATIVE PROCEDURE ACT Enacted 338 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended 141 GEORGIA ART COMMISSION Created 678 GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL Created 711 GEORGIA FARMERS MARKET AUTHORITY ACT Bonds 85 GEORGIA FERTILIZER ACT OF 1960 Amended 192 GEORGIA HEALTH CODE Enacted 499 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Created 735

Page 1135

GEORGIA HISTORICAL COMMISSION Members, etc. 455 GEORGIA INDUSTRIAL LOAN ACT Amended 288 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Pay and allowances 684 GEORGIA PERMIT ACT Amended 336 GEORGIA PORTS AUTHORITY ACT Amended 285 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Agricultural products defined 296 Compensation of Dealers, etc. 57 Exempt transactions 672 Packaging exemption 206 GEORGIA SCIENCE AND TECHNOLOGY COMMISSION Created 717 GEORGIA SOUTHERN FLORIDA RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 GEORGIA STATE SCHOLARSHIP COMMISSION Created 699 GEORGIA WATER QUALITY CONTROL ACT Enacted 416 GILLIS, JIM L., SR. Jim L. Gillis, Sr. Bridge designated 243 GLYNN COUNTY Compensation of sheriff, etc. 2577

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GOLF PROFESSIONALS Compensation when employed by certain municipalities (300,000 or more) 2707 GORDON COUNTY Tax commissioner placed on salary basis 3066 GOVERNOR'S STAFF EMBLEMS Unauthorized use prohibited 198 GOVERNOR'S VETOES Bills vetoed by Governor listed 1075 , 3275 GRAND JURORS Procedure for summoning 284 GREENE COUNTY Board of education, proposed amendment to the Constitution 969 Commissioners of roads and revenues 2170 GREENVILLE, CITY OF Ad valorem tax rate, referendum 2154 GRIFFIN, CITY OF Corporate limits 2418 Elections 2366 Employees' pension system 2368 GRIFFIN JUDICIAL CIRCUIT Compensation of solicitor-general 321 GUARDIAN AND WARD Sale, etc. of property 440 GWINNETT COUNTY Public transportation, proposed amendment to the Constitution 1008 GWINNETT JUDICIAL CIRCUIT Grand juries 237

Page 1137

H HABERSHAM COUNTY Notices of proposed local legislation, proposed amendment to the Constitution 918 HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 876 HALL COUNTY Board of education, proposed amendment to the Constitution 845 Development authority, proposed amendment to the Constitution 866 Gainesville and Hall County Development Authority 2282 Street Improvement Assessment Act 2268 HAMILTON, CITY OF New charter 2601 HANCOCK COUNTY Compensation of tax commissioner 2087 Officers placed on salary basis, referendum 2088 School superintendent, proposed amendment to the Constitution 777 HAPEVILLE, CITY OF Employees pension system amended 3138 Sewer tax 2986 HARRIS COUNTY Compensation of commissioners of roads and revenues 2667 Coroner placed on salary basis 2623 Pension system 2648 HARRIS, MATILDA The Matilda Harris Elementary School designated 403 HART COUNTY Board of finance, referendum 2028 Superior court judge's salary 188 HATTAWAY, JAMES E. Compensation for damages 3195

Page 1138

HAWKINSVILLE, CITY OF Elections, etc. 2663 HEARD COUNTY Assistant solictor-general 361 HIGHER EDUCATION ASSISTANCE CORPORATION Created 735 HIGHWAYS Expenses of fiftieth national convention of American Association of Highway Officials 392 Four lane highway north of Atlanta urged 381 HINESVILLE, CITY COURT OF Solicitor's qualifications 2158 HISTORICAL COMMISSION Members, etc. 455 HOGANSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 794 HOLMES, J. D. Compensation for damages 3169 HOMESTEAD EXEMPTIONS Exemptions for certain disabled veterans, proposed amendment to the Constitution 1027 Persons 65 years of age or older, proposed amendment to the Constitution 939 Time for making applications in certain counties (250,000-500,000) 767 HORTON, CYRUS W., IV Compensation for damages 3164 HOSPITAL ADVISORY COUNCIL Chapter 88-22 Georgia Health Code 499 HOSPITALS AND RELATED INSTITUTIONS Chapter 88-19 Georgia Health Code 499

Page 1139

HOSPITAL AUTHORITIES Audits in certain counties (50,000-75,000) 3075 Bonds 95 Chapter 88-18 Georgia Health Code 499 Project defined 770 Revenue Certificates 50 Services for elderly persons 78 HOSPITAL AUTHORITY ACT, STATE Amended, bonds 666 HOSPITAL CARE FOR THE INDIGENT Chapter 88-23 Georgia Health Code 499 HOUCK, JAMES M. Compensation for damages 2841 HOUSTON COUNTY Clerk of superior court placed on salary basis 2811 Land conveyance 742 Ordinary placed on salary basis 2816 Sheriff placed on salary basis 2819 Tax commissioner placed on salary basis 2813 HOUSTON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1055 I INCOME TAX Current Income Tax Payment Act amended 451 Penalties for false returns, etc. 453 INCOME TAX REFUNDS Surviving spouse 139 INDEX RECORDS Clerk of superior court index records 412 INDIGENT, HOSPITAL CARE FOR Chapter 88-23 Georgia Health Code 499

Page 1140

INDUSTRY AND TRADE, DEPARTMENT OF Purchase of passenger carrying equipment 181 INDUSTRIAL LOAN ACT Amended 288 INDUSTRIAL SAFETY Committee to study 249 INSURANCE Cancellation where lienholder named 335 Reciprocal insurance defined 287 Taxation of life insurance companies by municipalities 122 Uninsured motorist 306 INTANGIBLE PROPERTY TAX Distribution 715 INTERSTATE AND DEFENSE HIGHWAYS Advertising 128 INTERSTATE NUCLEAR COMPACT Southern Interstate Nuclear Compact amended 207 IRWIN COUNTY Compensation of solicitor-general 280 IVEY, TOWN OF Ad valorem tax rate 2318 J JASPER, CITY OF Charter amended, referendum 2078 JEFFERSONVILLE, CITY OF Charter amended 2756 JEKYLL ISLANDSTATE PARK AUTHORITY Bonds 100

Page 1141

JENKINS COUNTY Terms of commissioners of roads and revenues 3073 JOHNSON COUNTY Development authority, tax to promote industry, proposed amendment to the Constitution 838 JOHNSON, JULIUS W. Compensation for damages 3201 JOINT PLANNING COMMISSIONS ACT Appeals 259 JONES COUNTY Board of Education, proposed amendment to the Constitution 900 JONES, MRS. KATHERINE LANDERS Compensation for death of husband 3208 JUNIOR COLLEGES Act providing for system of junior colleges amended 686 JURIES, GRAND Procedure for summoning grand jurors 284 JUVENILE COURTS Judges' salaries in certain counties (150,000-175,000) 2375 Judges' salaries in certain counties (250,000-350,000) 2596 K KANE, PAUL T. Compensation for damages 3192 KELLY, E. CLYDE E. Clyde Kelly Bridge designated 180 KENNESAW, CITY OF Charter amended 2354 KINGSLAND, CITY OF Elections 2263 Meetings of council 2260

Page 1142

L LABOR, DEPARTMENT OF See also Commissioner of Labor . Appropriation of funds 448 Employment Security Law amended 217 Employment Security Law amended 443 LAFAYETTE, CITY OF Charter amended 3178 LAGRANGE, CITY OF Corporate limits 2235 LAGRANGE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 779 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Amended, members, etc. 731 LANIER COUNTY Senatorial district 127 Terms of superior court, etc. 175 LARCENY OF DOGS Punishment 277 LAURENS COUNTY Board of education, proposed amendment to the Constitution 941 Dublin-Laurens School System, proposed amendment to the Constitution 903 LAURENS COUNTY BOARD OF EDUCATION Conveyance of school authorized 754 LAW DEPARTMENT OF Appropriation 232 LAW LIBRARIES Authorized in certain judicial circuits (65,500, 65,600) 2929 Established in certain counties (42,000-43,000) 2585

Page 1143

LEAPHART, J. ALVIN, SR. J. Alvin Leaphart, Sr. Bridge designated 389 LEE COUNTY Clerk of superior court placed on salary basis 3231 LEESBURG, CITY COURT OF Abolished 2075 LEGAL ADVERTISEMENTS Rates 77 LEGAL INVESTMENTS See also fiduciaries . Municipalities, Counties, etc. 741 LEGISLATIVE SERVICES COMMITTEE Designation, etc. of office space 459 LEGITIMATE CHILDREN Artificial Insemination 166 LEXINGTON, CITY COURT OF Judge 2931 LIBERTY COUNTY INDUSTRIAL AUTHORITY Members, etc. 2110 LIQUOR Seizure, etc. of contraband used in manufacture 722 LITERATURE COMMISSION Declaratory judgments 161 LITHONIA, CITY OF Hours of holding elections 2473 Office of recorder, etc. 2295 LOUISVILLE, CITY COURT OF Practice and procedure 2399

Page 1144

LOWNDES COUNTY Land conveyance authorized 752 LUMPKIN SUPERIOR COURT Terms 442 Mc McDUFFIE COUNTY Commissioners of roads and revenues, referendum 2095 Compensation, etc. of sheriff, referendum 2107 Office of tax commissioner created, referendum 2104 McRAE, CITY OF Title to described property 3228 M MACON, CITY OF Authority to convey title to described air space 3243 Board of water commissioners retirement system amended 2695 Contract with named railroads authorized 2137 Joint tax collection, etc. with Bibb County, proposed amendment to the Constitution 1067 Land conveyance authorized 748 Lists of registered voters, proposed amendment to the Constitution 931 Voter registration 2676 MACON, CITY COURT OF Destruction of certain records authorized 2780 Rules in traffic cases 2782 MACON COUNTY Clerk of superior placed on salary basis 2216 Coroner placed on salary basis 2218 Ordinary placed on salary basis 2364 Sheriff placed on salary basis 2220 Tax collector placed on salary basis 2222 Tax receiver placed on salary basis 2214 MADISON COUNTY Board of Education, proposed amendment to the Constitution 885 Superior court judge's salary 188

Page 1145

MALT BEVERAGE EXCISE TAXES Tax rate 60 MARIETTA, CITY OF Charter amended 2822 MARRIED MINORS Deeds, etc. by married minors eighteen years old 212 MAYNARD MILL BRIDGE Maynard Mill Bridge designated 251 MEDICAL FACILITIES, GRANTS FOR Chapter 88-21 Georgia Health Code 499 MEDICAL SCHOLARSHIPS Repayment, proposed amendment to the Constitution 944 MEIGS, CITY OF Authority to close alley 2895 MENTAL HEALTH Chapter 88-6 Georgia Health Code 499 MENTAL RETARDATION Chapter 88-25 Georgia Health Code 499 MENTALLY ILL, HOSPITALIZATION Chapter 88-5 Georgia Health Code 499 MERIWETHER COUNTY Assistant solicitor-general 361 MIDWIFERY, PRACTICE OF Chapter 88-14 Georgia Health Code 499 MILLEDGEVILLE, CITY OF Off street parking, general obligation bonds, proposed amendment to the Constitution 1032 Off street parking, revenue bonds, proposed amendment to the Constitution 1035

Page 1146

MINIMUM FOUNDATION PROGRAM OF EDUCATION Enacted 3 MISDEMEANOR CASES See also Crimes, and Criminal Procedure. Confinement in public works camps 491 Counties responsibility for prisoners 489 Good time allowance of county prisoners 493 Punishment 485 MONROE, CITY OF Authority to close street 2050 Election of councilmen 2056 Mayor's salary 2052 MONROE COUNTY Commissioners of roads and revenues, referendum 2542 MOORE, LAWRENCE Compensation for damages 3166 MORTGAGES Registry of railroad and public utility mortgages 368 MOTOR CARRIERS Tow trucks, etc. 298 MOTOR COMMON CARRIERS Tow trucks, etc. 297 MOTOR FUEL TAX LAW Agricultural products defined 296 Watercraft 312 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 436 Boat trailers 178 MOTOR VEHICLES Driver licenses 171 Installation of safety belts 168 Nonresidents hauling agricultural products 242

Page 1147

Non-resident motorists 299 Operation of school buses 338 Penalties for size and load limitations 476 Size and load limitations 83 Truck and school bus speed limits 294 Truck licenses 80 Uninsured motorist insurance 306 Vehicle Equipment Safety Compact 463 MOULTRIE, CITY OF Corporate limits 2301 Tax rate for schools, referendum 2305 MUNICIPAL CORPORATIONS Municipal corporation defined 170 MUNICIPALITIES See also named municipality and Tabular IndexMunicipal CorporationsBy Population. Conduct of officers, etc. 261 Legal investments 741 Recreation systems, tax rates, etc. 213 Taxation of life insurance companies 122 MURRAY COUNTY Compensation of commissioner of roads and revenues, referendum 2672 MUSCOGEE COUNTY Public health department budget 2784 Salaries of commissioners of roads and revenues 2321 School taxes, proposed amendment to the Constitution 883 N NATIONAL GUARD Georgia Military Forces Reorganization Act of 1955 Amended 684 NATIONAL INTERSTATE AND DEFENSE HIGHWAYS Advertising 128 NEWTON COUNTY Salary of court reporter 329

Page 1148

NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 825 NIMMER CHEVROLET COMPANY Compensation for damages 2834 NON RESIDENT MOTORIST ACT See also Motor Vehicles. Amended 299 NORTH ATLANTA, VILLAGE OF Charter abolished 3237 NORTH GEORGIA MOUNTAINS COMMISSION ACT Amended 369 NORTHERN JUDICIAL CIRCUIT Judge's compensation 188 O OCONEE COUNTY Board of education, proposed amendment to the Constitution 911 OFFICE BUILDING AUTHORITY, STATE Bonds 108 OGLETHORPE, CITY COURT OF Solicitor placed on salary basis 2224 OGLETHORPE COUNTY Superior court judge's salary 188 OLD AGE ASSISTANCE Act amended 222 Representatives to manage benefits 200 OLD POST ROAD Old Post Road designated 378

Page 1149

OLD SOLDIERS HOME Bricks to United Daughters of the Confederacy 751 ORDINARIES See also named county and Tabular Index Counties and County MattersBy Population . Attorney's fees for representing estates 211 Clerks in certain counties (18, 110-18, 120) 332 Salaries in certain counties (250,000-500,000) 2309 OUTDOOR ADVERTISING Regulated 128 OXFORD, MRS. CYNTHIA L. Compensation for death of husband 3206 P PARDONS AND PAROLES, STATE BOARD OF Rules for considering paroles 487 Temporary revocation of paroles 497 PARENT AND CHILD Adoptions 411 Artifical Insemination 166 PARKER, ALFRED BUREN Compensation for damages 3197 PAROLES Rules for consideration by State Board of Pardons and Paroles 487 Temporary revocation by State Board of Pardons and Paroles 497 PATTON, J. F. Compensation for damages 3160 PAULDING COUNTY Board of Education, proposed amendment to the Constitution 832 Watershed projects, etc. 2590

Page 1150

PEACE OFFICERS' ANNUITY AND BENEFIT FUND Membership qualifications 757 PEACH COUNTY Board of commissioners of roads and revenues, referendums 2627 Compensation of tax commissioner 2625 PEED, MARVIN Conveyance of land authorized 755 PELHAM, CITY OF School board 2072 Tax rate 68 , 2070 PENAL AND REHABILITATION AUTHORITY Bonds 91 PERRY, CITY OF Numbered council posts 2805 PHARMACY, STATE BOARD OF Georgia Permit Act amended 336 PHYSICAL THERAPISTS PRACTICE ACT Amended 765 PICKENS COUNTY Commissioner of roads and revenues, referendum 2066 PIKE COUNTY Compensation of solicitor-general 321 PINE LAKE, CITY OF Pensions for policemen 2483 PINE MOUNTAIN, TOWN OF Corporate limits, referendum 2939 PLANNING COMMISSIONS Appeals 259

Page 1151

POLITICAL SUBDIVISIONS Conduct of officers, etc. 261 POLK COUNTY Compensation of coroner 3082 Compensation of ordinary, sheriff, etc. 3185 Flood control, etc. 2982 Office of tax commissioner created 2265 POLK COUNTY, CITY COURT OF Salaries 2936 POOLER, TOWN OF Charter amended, referendum 2288 PORTS AUTHORITY ACT Bonds 88 Amended 285 POWDER SPRINGS, CITY OF Corporate limits 2807 PRACTICE AND PROCEDURE Actions for deficiencies in improvements on real estate 140 Appointment of new trustees 270 Attorney's fees for representing estates 211 Corporation charters 317 Discharge of executors 269 Exceptions to reports of auditors 697 Garnishment 220 Georgia Administrative Procedure Act 338 Petitions for change of permanent alimony 713 Quo Warranto, service of process 766 Registration of title to lands 170 Rules for interpretation of contracts 414 Service of process upon minors fourteen or older 301 Statute of limitations on loss of consortium 763 Time of filing cross actions 165 Uninsured motorist insurance 306 PREVENTABLE DISEASES, CONTROL Chapter 88-12 Georgia Health Code 499 PRISONERS See also Criminal Procedure. Care of prisoners afflicted with tuberculosis 365

Page 1152

PROBATION See also Paroles. Statewide Probation Act amended 274 PROCESS See Practice and Procedure PROGRAM OF GUARANTEED STUDENT LOANS Authorized, proposed amendment to the Constitution 1015 PSYCHOLOGISTS State Board of Examiners of Psychologists Act amended 256 PUBLIC ASSISTANCE BENEFITS Representatives to manage 200 PUBLIC HEALTH, DEPARTMENT OF Georgia Health Code 499 Georgia Water Quality Control Act 416 PUBLIC SAFETY, DEPARTMENT OF Construction costs of barracks, etc. 144 Director's salary 252 Driver licenses 171 Driver Responsibility Law amended 225 Vehicle Equipment Safety Compact 463 PUBLIC SERVICE COMMISSIONER See also Employees Retirement System. Office of Public Service Commissioner Emeritus 683 PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE Metropolitan Area of Atlanta, proposed amendment to the Constitution 1008 PUBLIC UTILITIES Registry of mortgages 368 PUBLIC WELFARE, DEPARTMENT OF Aid to permanently disabled 665 PUBLIC WORKS CAMPS Confinement of county prisoners 491

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PUBLIC WORKS CONTRACTS Advertisements in certain counties (250,000 or more) 764 Supervisor of purchases 693 Q QUITMAN, CITY OF Number of commissioners, referendum 2776 QUO WARRANTO Service of process 766 R RABBITS Trapping of rabbits 193 RABIES, CONTROL OF Chapter 88-15 Georgia Health Code 499 RABUN COUNTY Clerk of superior court placed on salary basis 2241 Secretary for clerk of superior court 2157 RADIATION CONTROL Chapter 88-13 Georgia Health Code 499 RAILROADS Registry of mortgages 368 REAL PROPERTY Deeds, etc. by married minors eighteen years old 212 RECIPROCAL INSURANCE Reciprocal Insurance defined 287 RECREATIONAL SYSTEMS Joint systems 319 Tax rates, referendums 213 REDEVELOPMENT FINANCE ACT Area Redevelopment Finance Act 728

Page 1154

REGENTS, BOARD OF Compensation 454 Junior College Act amended 686 Allocation of funds to establish dental college recommended 726 REGISTRATION OF TITLE TO LANDS Procedure 170 RESOURCES ADVISORY BOARD, SOUTHEAST RIVER BASINS Created 244 RETARDATION, MENTAL Chapter 88-25 Georgia Health Code 499 Program for mentally retarded blind children 682 RETIREMENT See also named retirement system . Pension Act for employees of certain cities amended (150,000 or more) 2407 , 2564 , 2598 , 3050 Pension Act for firemen of certain cities amended (150,000 or more) 2161 , 2409 Pension Act for policemen of certain cities amended (150,000 or more) 2411 , 3001 REVENUE Agricultural products defined under Motor Fuel Tax Law 296 Alcoholic Beverages and Liquors 62 Collection of business license fees by counties, proposed amendment to the Constitution 1022 Corporations' tax rate 67 Current Income Tax Payment Act amended 451 Distribution of intangible property tax 715 Equalized adjusted school property tax digest 706 Homestead exemption for certain disabled veterans, proposed amendment to the Constitution 1027 Homestead exemptions in certain counties (250,000-500,000) 767 Homestead exemptions of disabled war veterans 280 Homestead exemptions of persons 65 years of age or older, proposed amendment to the Constitution 939 Income tax, penalties for false returns, etc. 453 Income tax refunds to surviving spouse 139 Malt Beverage Excise Tax 60 Non-resident vehicles hauling agricultural products 242 Penalties for failure to make tax returns in certain counties (250,000-500,000) 458

Page 1155

Retailers' and Consumers' Sales and Use Tax Act Amended 57 , 206 , 672 Sale of alcoholic beverages in certain counties and municipalities therein (40,000 or more) 771 Suspension of sales tax on Bibles, etc. ratified 179 Taxes due in installments in certain counties (250,000-500,000) 328 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 455 Taxes for roads in certain counties (49,500-67,500) 2898 Tobacco Tax Act Amended 50 Truck license rates 80 REVENUE BONDS AND CERTIFICATES State Hospital Authority Act amended 666 Farmers Market Authority 85 Hospital Authorities 50 Jekyll IslandState Park Authority 100 Penal and Rehabilitation Authority 91 State Hospital Authority Act 95 State Office Building Authority 108 State Ports Authority 88 State School Building Authority 112 Stone Mountain Memorial Association 357 University System Building Authority 104 , 310 RICHMOND COUNTY Audits 2810 Board of education 2832 Elections to fill vacancies in county offices 2809 ROCKDALE COUNTY Debt limitation, proposed amendment to the Constitution 943 Salary of court reporter 329 ROME, CITY OF Employees' retirement 2046 ROSSVILLE, CITY OF Ad valorem tax rate 3135 ROSWELL, CITY OF Charter amended 2799 Corporate limits 2791 , 2795

Page 1156

S SAFETY BELTS Installation 168 ST. ANDREWS SOUND Taking of crab 174 ST. MARYS AIRPORT AUTHORITY ACT Enacted 2438 ST. MARYS, CITY OF Compensation of mayor and aldermen 2261 Term of mayor 2693 SALES AND USE TAX See Retailers' and Consumers' Sales and Use Tax Act . SANDERSVILLE, CITY COURT OF Name changed to City Court of Washington County, court costs, etc. 2247 SANDERSVILLE, CITY OF Compensation of mayor, etc. 2292 Corporate limits 2476 Tax to promote industry, proposed amendment to the Constitution 934 SAVANNAH, CITY COURT OF Compensation of sheriff 2511 SAVANNAH, CITY OF Chatham CountyCity of Savannah, joint board of tax assessors, proposed amendment to the Constitution 986 Corporate limits 2233 Police jurisdiction 2850 Revenues for services 2425 SCHOLARSHIPS See also Education . Georgia State Scholarship Commission 699 Repayment of medical scholarships, proposed amendment to the Constitution 944

Page 1157

SCHOOL BUILDING AUTHORITY Bonds 112 SCHOOL BUSES Operation when transporting children 338 School Bus Transportation Study Committee 404 Speed limits 294 SCHOOL DISTRICTS Legal investments 741 SCHOOL PROPERTY TAX DIGEST Duty of State Auditor 706 SCIENCE AND TECHNOLOGY Commission created 717 SCOTLAND, CITY OF Charter amended 3047 SCOTT, WILLIAM FRED, SR. William Fred Scott, Sr. Highway designated 390 SCREVEN COUNTY Board of education; proposed amendment to the Constitution 835 SEAT BELTS Installation 168 SECRETARY OF STATE See also Constitutional Officers. Filing of corporation charters 317 Georgia Administrative Procedure Act 338 Members, etc. of Georgia Historical Commission 455 Non Resident Motorist Act amended 299 Office of Secretary of State Emeritus 686 Renewal of bank charters 75 SEMINOLE COUNTY Superior Court terms 364

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SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT Amended 744 SENATORIAL DISTRICTS Lanier County 127 Line between 26th and 27th districts 691 SERVICE OF PROCESS Service upon minors fourteen or older 301 SHARPSBURG, TOWN OF Corporate limits 2200 SHERIFFS See also named Counties and Tabular IndexCounties and County Matters by Population. Compensation in certain counties (4,540-4,550) 2899 Duties in certain counties (250,000-500,000) 2885 Placed on salary basis March 1, 1966 310 Salaries in certain counties (250,000-500,000) 2309 SMALL CLAIMS COURTS Appointment of judges in certain counties (11,725-12,025) 2528 Created in certain counties including Tift County (23,300-23,699) 2944 SMITHVILLE, CITY OF Hours of holding elections 2229 SMYRNA, CITY OF Charter amended 2913 SOLICITORS-GENERAL Qualifications 362 SOLICITORS-GENERAL RETIREMENT FUND ACT Amended 214 Credit for service in Armed forces 366 Penalty for delinquent contributions 758

Page 1159

SOMERS, WILLIAM C., JR. Compensation for damages 3191 SOUTHERN INTERSTATE NUCLEAR COMPACT Amended 207 SOUTHERN RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 SPALDING COUNTY Compensation of solicitor-general 321 Street improvements, etc., proposed amendment to the Constitution 1045 STAPLETON, TOWN OF Date of electing mayor and councilmen 2773 STATE AND COUNTY OFFICERS Removal on conviction of a felony 689 STATE AUDITOR Equalized adjusted school property tax digest 706 STATE BOARD OF ACCOUNTANCY Veterans credit 761 STATE BOARD OF CORRECTIONS Misdemeanor prisoners 489 Costs of trials involving prison inmates 462 Rehabilitation of prisoners 734 STATE BOARD OF EDUCATION See also Education. Authority to withhold funds 304 Minimum Foundation Program of Education 3 STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS Act amended 256 STATE BOARD OF PARDONS AND PAROLES Rules for considering paroles 487 Statewide Probation Act amended 274 Temporary revocation of paroles 497

Page 1160

STATE BOARD OF PHARMACY Georgia Permit Act amended 336 STATE BOARD OF REGISTRATION FOR FORESTERS ACT Amended 409 STATE CAPITOL BUILDING Designation, etc. of office space 459 STATE EMPLOYEES Payments, etc. to credit unions 255 STATE EMPLOYEES' HEALTH INSURANCE ACT Coverage for certain employees 196 STATE EMPLOYEES' RETIREMENT SYSTEM Benefit tables, etc. 119 Credit for prior service 237 Credits for prior service; employees of General Assembly 158 Membership of Appellate Court judges and Constitutional officers 115 STATE GAME AND FISH COMMISSION Salary of director 330 STATE HIGHWAY DEPARTMENT Expenses of fiftieth national convention of American Association of Highway Officials 392 Four lane highway north of Atlanta urged 381 STATE HOSPITAL AUTHORITY ACT Amended, bonds 666 Bonds 95 STATE LITERATURE COMMISSION Declaratory judgments 161 STATE OFFICE BUILDING AUTHORITY Bonds 108 STATE PENAL AND REHABILITATION AUTHORITY Bonds 91

Page 1161

STATE PORTS AUTHORITY ACT Bonds 88 STATE PROPERTIES CONTROL CODE Enacted 146 STATE SCHOLARSHIP COMMISSION See also Education . Authorized, proposed amendment to the Constitution 1000 STATE SCHOOL BUILDING AUTHORITY Bonds 112 STATE SUPERINTENDENT OF SCHOOLS See also Constitutional Officers . Bond 677 Office of State Superintendent of Schools Emeritus 683 STATE TREASURER See also Constitutional Officers . Office of State Treasurer Emeritus 683 STATEWIDE PROBATION ACT See also Paroles. Amended 274 STATUTE OF LIMITATIONS Cross actions 161 Loss of consortium 763 STEPHENS COUNTY Stephens County-City of Toccoa; joint board of tax assessors, proposed amendment to the Constitution 1040 Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 STEWART COUNTY Small claims court 2486 STONE MOUNTAIN JUDICIAL CIRCUIT Salary of court reporter 329 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Bonds 357

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STUDENT LOANS See Also Education . Higher Education Assistance Corporation 735 Program of guaranteed student loans, proposed amendment to the Constitution 1015 SUPERIOR COURT See also Tabular IndexSuperior Courts . Clerks' salaries in certain counties (250,000-500,000) 2309 Duties of clerks in certain counties (6,200-6,225) 3234 Federal Social Security for judges 303 Index records 412 Judge of Superior Court Emeritus Act amended 198 , 720 Judges' qualifications 363 Jury clerks in certain counties (500,000 or more) 2119 Procedure for summoning grand jurors 284 Qualifications of solicitors-general 362 Solicitors-General Retirement Fund Act amended 214 , 758 SUPERIOR COURT CLERKS RETIREMENT FUND ACT Amended 202 , 407 SUPERVISOR OF PURCHASES Construction or public works contracts 693 SUPREME COURT Office of justice emeritus 240 Justices' membership in Employees' Retirement System 115 SUPPLEMENTARY APPROPRIATIONS ACT See also General Appropriations Act . Enacted 183 SURETY BONDS Liability on bonds of heads of State departments 282 SUWANEE, CITY OF New charter, referendum 2733 SWAINSBORO, CITY COURT OF Practice and procedure, terms, etc. 2581

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T TALLAPOOSA DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 923 TATTNALL COUNTY Recording of family histories 2231 TAX ASSESSMENTS Revision, etc. in certain counties (250,000-500,000) 241 TAX ASSESSORS See also Named Counties and Tabular IndexCounties and County MattersBy Population . Boards in certain counties (23,750-23,850) 3009 TAX ASSESSORS, JOINT CITY-COUNTY Employment of attorneys by certain boards based on population of municipalities (300,000 or more) 2423 Members of certain boards based on population of municipalities (300,000 or more) 2562 TAX COLLECTORS See also Named Counties . Compensation in certain counties (23,750-23,850) 208 Compensation in certain counties (55,000-73,000) 733 TAX COMMISSIONERS See also Named Counties . Compensation in certain counties (2,675-3,250) 2485 Compensation in certain counties (13,100-13,150) 2691 Compensation in certain counties (55,000-73,000) 733 Penalties for failure to make tax returns in certain counties (250,000-500,000) 458 Powers in certain counties (6,305-6,450) 2731 Revision of tax assessments in certain counties (250,000-500,000) 241 Salaries in certain counties (250,000-500,000) 2309 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 457 TAX RECEIVERS See also Named Counties . Penalties for failure to make tax returns in certain counties (250,000-500,000) 458 Revision of tax assessments in certain counties (250,000-500,000) 241 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 457

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TEACHERS RETIREMENT SYSTEM ACT Amended 219 , 669 TELEVISION STATION WSPA Lease of land in Black Rock Mountain State Park Authorized 160 THOMAS COUNTY Bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 809 Sheriff placed on salary basis, referendum 2497 THOMASTON, CITY OF Charter amended 2517 Operation, etc. of utilities, proposed amendment to the Constitution 897 THOMASTON-UPSON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 817 THOMSON, CITY OF Corporate limits 2196 TIFT COUNTY Commissioners of roads and revenues, referendum 2900 Compensation of solicitor-general 280 Purchases on competitive bid basis, referendum 3069 Small claims court 2944 TIFTON, CITY OF Salaries of commissioners, referendum 2361 Water and sewer lines, referendum 2208 TIFTON JUDICIAL CIRCUIT Compensation of solicitor-general 279 TOBACCO Revenue Tax Act amended 50 TOCCOA, CITY OF Stephens County-City of Toccoa, joint board of tax assessors, proposed amendment to the Constitution 1040

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TOCCOA-STEPHENS COUNTY BUILDING AND PARKS AUTHORITY Created, proposed amendment to the Constitution 948 TOURIST COURTS Chapter 88-11 Georgia Health Code 499 TOW TRUCKS Motor carriers 298 Motor common carriers 297 TRAFFIC SAFETY COMMITTEE Created 375 TROUP COUNTY Assistant solicitor-general 361 TROUP COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 786 TROUT, MONTE F. Compensation for damages 3162 TRUST ESTATES See also Fiduciaries. Investments in common trust funds 760 TRUSTEES See also Fiduciaries. Appointment of new trustees 270 Legal status, etc. 258 TUBERCULOSIS Care of prisoners afflicted with tuberculosis 365 Rights of certain State employees, Chapter 88-24 Georgia Health Code 499 TUBERCULOSIS HOSPITALIZATION Chapter 88-7 Georgia Health Code 499 TUCKER, HUGH C. Hugh C. Tucker Bridge designated 246

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TURNER COUNTY Compensation of solicitor-general 280 TURIN, TOWN OF Corporate limits 2202 Water system 2204 U UNADILLA, CITY OF Authority to abandon alley 2059 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS School buses 338 Truck and school bus speed limits 294 UNIFORM COMMERCIAL CODE Amended 70 UNION CITY Charter repealed, referendum 2478 UNION COUNTY Audits 2878 UNITED DAUGHTERS OF THE CONFEDERACY Bricks from Old Soldiers Home 751 UNIVERSITY SYSTEM See also Regents, State Board of Compensation of Board of Regents 454 UNIVERSITY SYSTEM BUILDING AUTHORITY Bonds 104 , 310 UPSON COUNTY Bond and compensation of commissioners of roads and revenues 3235 Compensation of solicitor-general 321 Office of tax commissioner created 2062 Thomaston-Upson County Development Authority, proposed amendment to the Constitution 817

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V VEHICLE EQUIPMENT SAFETY COMPACT Enacted 463 VENERAL DISEASE, CONTROL OF Chapter 88-16 Georgia Health Code 499 VETERANS Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 1027 Homestead exemption for disabled war veterans 280 VETOES Bills vetoed by Governor listed 1075 , 3275 VIDALIA, CITY OF Charter amended 2635 VIDALIA DEVELOPMENT AUTHORITY Extension of activities, tax exemption, proposed amendment to the Constitution 1043 VITAL RECORDS Chapter 88-17 Georgia Health Code 499 VOCATIONAL EDUCATION Register of blind persons authorized 386 VOLUNTARY DEEDS Effect defined, etc. 475 VOTING RECORDERS Use in certain counties authorized (250,000-500,000) 3141 Use in certain counties authorized (500,000 or more) 3149 W WACO DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 860

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WALKER COUNTY Clerk of superior court placed on salary basis, referendum 2024 Fire prevention districts 2643 Fire prevention districts, proposed amendment to the Constitution 1017 Office of tax commissioner created, referendum 2018 Ordinary placed on salary basis, referendum 2014 WALKER COUNTY DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 1013 Created 3104 WARE COUNTY Board of education, proposed amendment to the Constitution 928 Office of tax commissioner, referendum 2455 WARNER ROBINS DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1049 WASHINGTON COUNTY Compensation of commissioners of roads and revenues and superintendent of roads and bridges 3097 Tax to promote industry, proposed amendment to the Constitution 998 WASHINGTON COUNTY, CITY COURT OF Name changed from City Court of Sandersville, court costs, etc. 2247 WASHINGTON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 993 WATER QUALITY CONTROL ACT Enacted 416 WATERCRAFT Motor Fuel Tax Law amended 312 WATERSHEDS See also Named County. Eminent domain by counties 234

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WATER SUPPLY QUALITY CONTROL Chapter 88-26 Georgia Health Code 499 WATKINSVILLE, TOWN OF Charter amended 2529 WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1002 WELLS Maintenance of abandoned wells in certain counties (11,200-11,450) 2533 WEST POINT DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 801 WHITE SUPERIOR COURT Terms 275 WHITFIELD COUNTY Board of education, proposed amendment to the Constitution 978 Bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 811 Commissioners of roads and revenues, referendum 2175 Compensation of tax commissioner 3249 Law books 2844 WILKES COUNTY Act placing officers on salaries amended 2633 Tax commissioner's duties 2378 WILKINSON COUNTY Monthly statements of commissioners of roads and revenues 2535 Office of tax commissioner created 2314 WILLS AND ADMINISTRATION OF ESTATES Assistant County administrators in certain counties (550,000 or more) 300 Attorney's fees, how fixed 211 Discharge of executors 269

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Income tax refunds 139 Investments in building and loan, etc. shares 194 Legal status of fiduciaries 258 WOODBURY, CITY OF Ad valorem tax, referendum 2412 WOODSTOCK, CITY OF Corporate limits, referendum 2351 WORKMEN'S COMPENSATION Applicable to certain county school boards (less than 300,000) 675 School personnel, proposed amendment to the Constitution 1011 WORTH COUNTY Compensation of solicitor-general 280 WRAY, ALEXANDER H. Delivery of plaque to Commercial Union Group of Insurance Companies 399 WSPA TELEVISION STATION Lease of land in Black Rock Mountain State Park authorized 160 Y YOUNG HARRIS, TOWN OF Terms of mayor and councilmen 2797

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POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 16,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 25,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 9,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,839 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,587 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,535 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 Total 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832 POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS Counties Population Echols 1,876 Quitman 2,423 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 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 Baldwin 34,064 Ware 34,219 Thomas 34,319 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

Page 1176

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1963 - 1964 Senators District Post Office Brewer, Oby T., Sr. 39th 199 Robin Hood Rd., N.E., Atlanta Broun, Paul C. 46th 520 W. Cloverhurst, Athens Brown, Charlie 34th P.O. Box 30, Atlanta 1 Byrd, Garland T. 17th Reynolds Carlton, Milton A. 21st 534 Kite Rd., Swainsboro Carter, Jimmy 14th Plains Coggin, Frank E. 35th 639 Trust Co. of Ga. Bldg., Atlanta 3 Conway, H. (Mac) McKinley, Jr. 41st Conway Publications, Inc., 2592 Apple Valley Rd., North Atlanta 19 Downing, Frank O. 1st 411 Morel Bldg., Savannah Ellis, S. Tom 44th McDonough Fincher, Jack 51st 60 Muriel St., Canton Fuqua, J. B. 22nd 1001 Reynolds St., Augusta Gayner, John M., III 5th Sunset Blvd., Country Club Park, Brunswick Gillis, Hugh M. 20th Soperton Gordy, A. Perry 15th 1112 - 3rd Ave., Columbus Hall, J. Battle 52nd P.O. Box 1267, Rome Harrison, Harold 48th Bethlehem Heard, R. Shaefer 29th P.O. Box 246, West Point Holloway, A. W. (Al) 12th 1131 Valley Rd., Albany Hunt, William J. 26th 668 Poplar St., Macon Jackson, Harry C. 16th 1718 - 3rd Ave., Columbus Johnson, Ben F. 42nd Emory University Law School, Atlanta 22 Johnson, LeRoy R. 38th 960 Hunter St., S.W., Suite 207, Atlanta 14 Kendrick, Edward S. 32nd Rt. 1, Bells Ferry Rd., Marietta Kidd, Culver 25th Milledgeville Knox, W. A. (Wyck) 24th Thomson Lee, Robert E., Jr. 47th P.O. Box 762, Elberton Loggins, Joseph E. 53rd Summerville MacIntyre, Dan I., III 40th 919 W. Peachtree St., N.E., Atlanta 9 Miller, Zell 50th Young Harris Moore, Albert F. 31st 306 S. College St., Cedartown McKinnon, Talmadge 7th RFD 1, Willacoochee McWhorter, W. Hugh 43rd 1788 Ponce de Leon Ave., N.E., Atlanta Noble, Roy 19th RFD 3, Vienna Oliver, Clinton 4th P.O. Box 237, Glennville Owens, Erwin 49th Dahlonega Pannell, Charles A. 54th Chatsworth Pelham, Glenn 10th 100 - 3rd Ave., S.W., Cairo Pennington, Brooks, Jr. 45th Crawford St., Madison Phillips, J. Taylor 27th 173 First St., Bowdon Plunkett, Lamar R. 30th 50 Morris St., Bowdon Rowan, Robert A. (Bobby) 8th Enigma Salome, J. M. (Joe) 36th 344 Kendrick Ave., S.E., Atlanta Scott, Milford A. 23rd 2550 Richmond Hill Rd., Augusta Searcey, William A. 2nd 1919 New Mexico St., Savannah Smalley, Robert H., Jr. 28th P.O. Box 116, Griffin Smith, Stanley E., Jr. 18th P.O. Drawer F, 810 Forest Hill Dr., Perry Spinks, Ford B. 9th Rt. 1, Tifton Thomas, R. S. 54th Rt. 5, Dalton Tribble, Joseph J. 3rd 402 Arlington Rd., Savannah Webb, Julian J. 9th P.O. Box 277, Donalsonville Wesberry, James P., Jr. 37th 2989 N. Fulton Dr., N.E., Atlanta 5 Yancoy, Kyle 99rd Rt. 2, Austell Young, Martin 13th Rt. 2, Rebecca Zorn, William A. 6th P.O. Box 128, 292 E. Cherry St., Jesup

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1963 - 1964 District Name Address 1. Frank O. Downing 411 Morel Bldg., Savannah 2. William A. Searcey 1919 New Mexico St., Savannah 3. Joseph J. Tribble 402 Arlington Rd., Savannah 4. Clinton Oliver P. O. Box 237, Glennville 5. John M. Gayner III Sunset Blvd., Country Club Park, Brunswick 6. William A. Zorn P. O. Box 128, 292 E. Cherry St., Jesup 7. Talmadge McKinnon RFD 1, Willacoochee 8. Robert A. (Bobby) Rowan Enigma 9. Ford B. Spinks Rt. 1, Tifton 10. Glenn Pelham 100 - 3rd Ave., S.W., Cairo 11. Julian Webb P. O. Box 277, Donalsonville 12. A. W. (Al) Holloway 1131 Valley Rd., Albany 13. Martin Young Rt. 2, Rebecca 14. Jimmy Carter Plains 15. A. Perry Gordy 1112 - 3rd Ave., Columbus 16. Harry C. Jackson 1718 - 3rd Ave., Columbus 17. Garland T. Byrd Reynolds 18. Stanley E. Smith, Jr. P. O. Drawer F, 813 Forest Hill Dr., Perry 19. Roy Noble RFD 3, Vienna 20. Hugh M. Gillis Soperton 21. Milton A. Carlton 534 Kite Rd., Swainsboro 22. J. B. Fuqua 1001 Reynolds St., Augusta 23. Milford A. Scott 2550 Richmond Hill Rd., Augusta 24. W. A. (Wyck) Knox Thomson 25. Culver Kidd Milledgeville 26. William J. Hunt 668 Poplar St., Macon 27. J. Taylor Phillips 173 First St., Macon 28. Robert H. Smalley, Jr. P. O. Box 116, Griffin 29. R. Shaefer Heard P. O. Box 246, West Point 30. Lamar R. Plunkett 50 Morris St., Bowdon 31. Albert F. Moore 306 S. College St., Cedartown 32. Edward S. Kendrick Rt. 1, Bells Ferry Rd., Marietta 33. Kyle Yancey Rt. 2, Austell 34. Charlie Brown P. O. Box 30, Atlanta 1 35. Frank E. Coggin 639 Trust Co. of Ga. Bldg., Atlanta 3 36. J. M. (Joe) Salome 344 Kendrick Ave., S.E., Atlanta 37. James P. Wesberry, Jr. 2989 N. Fulton Dr., N.E., Atlanta 5 38. LeRoy R. Johnson 960 Hunter St., S.W., Suite 207, Atlanta 14 39. Oby T. Brewer, Sr. 199 Robin Hood Road, N.E., Atlanta 40. Dan I. MacIntyre, III 919 W. Peachtree St., N.E., Atlanta 9 41. H. (Mac) McKinley Conway, Jr. 2592 Apple Valley Rd., North Atlanta 19 42. Ben F. Johnson Emory University Law School, Atlanta 22 43. W. Hugh McWhorter 1788 Ponce de Leon Ave., N.E., Atlanta 44. S. Tom Ellis McDonough 45. Brooks Pennington, Jr. Crawford St., Madison 46. Paul C. Broun 520 W. Cloverhurst, Athens 47. Robert E. Lee, Jr. P. O. Box 762, Elberton 48. Harold Harrison Bethlehem 49. Erwin Owens Dahlonega 50. Zell Miller Young Harris 51. Jack Fincher 60 Muriel St., Canton 52. J. Battle Hall P. O. Box 1267, Rome 53. Joseph E. Loggins Summerville 54. R. S. Thomas Rt. 5, Dalton

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1963 - 1964 Representative County Post Office Abney, Billy Shaw Walker P.O. Box 607, LaFayette Acree, Dr. John W. Towns Box 225, Hiawassee Allen, Henry Banks Tift 414 W. 14th St., Tifton Anderson, John H., Jr. Pulaski Anderson Rd., Hawkinsville Andrews, J. A. (Jim) Stephens 108 E. Doyle St., Toccoa Arnsdorff, B. Frank Effingham Springfield Bagby, George Talmadge Paulding RFD #2, Dallas Ballard, W. D. (Donald) (Post #1) Newton Oxford Barber, Mac Jackson Commerce Baughman, Leon Hodges Early Cedar Springs Beck, James E. Twiggs P.O. Box 188, Jeffersonville Bedgood, W. Randall, Jr. Clarke 375 W. View Dr., Athens Bell, John C. Richmond 3407 Kamel Cr., Augusta Black, J. Lucius Webster Preston Blair, William E. Sumter 22 Laudig Ln., Americus Blalock, D. B. Coweta 40 Nimmons St., Newnan Blalock, Edgar Clayton Jonesboro Bolton, Arthur K. Spalding Box 602, Griffin Bowen, A'Delbert (Dell) Randolph 512 Court St., Cuthbert Bowen, Ralph W. Dawson Dawsonville Bowen, Rooney L. Dooly Vienna Bowen, Ross P. Toombs Rt. 1, Lyons Brackin, J. O. Seminole Rt. 1, Iron City Branch, Warren 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 Box 37, Hartwell Busbee, George D. Dougherty 204 N. Monroe St., Albany Bynum, Knox Rabun Clayton Byrd, J. T. Walton Rt. 3, Loganville Caldwell, Johnnie L. Upson Thomaston Carr, Tom C. Washington Smith St., Sandersville Causby, Troy Gordon Box 610, Calhoun Chandler, Philip M. (Post #2) Baldwin P.O. Box 806, 500 N. Tattnall St. Milledgeville Clark, Joe T. (Seat #1) Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Coker, Grady Newton, M.D. (Post #1) Cherokee Canton Coker, Roy N. Turner Box 184, Sycamore Conger, J. Willis Decatur 940 Pine St., Bainbridge Conner, James L. (Jimmy) Jeff Davis Hazlehurst Cullens, J. R. Bartow P.O. Box 326, 18 S. Erwin St., Cartersville Davis, Truitt Heard Box 153, Franklin Dean, Nathan D. Polk 4009-3rd Ave., Rockmart Deen, H. Dorsey Bacon Rt. 4, Alma Dennard, Joe L. Wilcox Pineview DeVane, Marvin E. Schley Ellaville Dicus, Harry Muscogee Columbus Bank and Trust Co. Bldg., Columbus Dixon, Harry D. (Post #2) Ware 1303 Coral Rd., Waycross Dorminy, A. Brad C., Jr. Ben Hill 701 W. Central Ave., Fitzgerald Duncan, A. C. Fannin Box 356, McCaysville Duncan, J. Ebb Carroll W. Club Dr., Carrollton Echols, Talmage B. Upson P.O. Box 349, Thomaston Etheridge, Jack Fulton 1026 Fulton Federal Bldg., Atlanta Fleming, William M., Jr. Richmond #3 Johnson Bldg., Augusta Flournoy, Robert E., Jr. (Bracket #3) Cobb Blair Bldg., Marietta Floyd, James H. Chattooga 11 Sunset Ln., Trion Flynt, Wales T. Taliaferro Crawfordville Fowler, Alpha A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Box 203, Soperton Fulford, Ed Terrell Cinderella Ln., Dawson Funk, Arthur J. Chatham 7 Grimball River Rd., Savannah Gibbons, W. J. Lowndes 1206 Westwood Dr., Valdosta Greene, William B. Bartow 113 Luckie St., Cartersville Griffin, R. A. Cheney Decatur 1001 College St., Bainbridge Groover, Denmark, Jr. Bibb P.O. Box 1353, Macon Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Harrell, A. Hewlette Fayette P.O. Box 314, Fayetteville Harrington, J. Floyd (Post #1) Baldwin Milledgeville Harris, J. Robin DeKalb 250 E. Ponce de Leon Ave., Decatur Henderson, Waldo Atkinson RFD 2, Lakeland Herndon, Curtis C. Appling Box 61, Surrency Hill, Render Meriwether Greenville Horton, N. Dudley, Jr. Putnam Eatonton House, Mitchel P., Jr. Bibb 305 Persons Bldg., Macon Houston, Francis Pierce Blackshear Hudgins, Floyd Chattahoochee Cusseta Hull, James M., Jr. Richmond Southern Finance Bldg., Augusta Hurst, Joe J. Quitman Georgetown Isenberg, Joe Glynn 4226-9th St., St. Simon Island Johnson, Dr. A. S., Sr. Elbert 302 Heard St., Elberton Johnson, Bobby W. Warren P.O. Box 122, Warrenton Jones, Charles M. Liberty 206 E. Court St., Hinesville Jones, David Campbell Worth P.O. Box 90, Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, Milton Muscogee 3438 Sue Mack Dr., Columbus Jordan, J. E. (Red) (Post #2) Floyd #1 Forest Lane, Rome Jordan, W. Harvey Calhoun Leary Keadle, Haygood Lamar 414 Spencer St., Barnesville Kelly, Roy R. Jasper Monticello Keyton, James W. Thomas 137 Woodland Dr., Thomasville Killian, William R. Glynn 1221 Pine Ave., Brunswick Kirkland, H. E. Tattnall Rt. 1, Box 2, Glennville Knight, D. W. (Bill), Jr. Laurens Dexter Knight, W. D. (Jack) Berrien P.O. Box 647, Nashville Laite, William E., Jr. Bibb 2948 Crestline Dr., Macon Lambert, E. Roy Morgan 104 Washington St., Madison Lane, W. Jones Bulloch Statesboro Lee, Grover B. Clinch DuPont Lee, Wm. J. (Bill) Clayton RFD #1, Forest Park Lee, William S. (Billy) Dougherty 1215 Baker Ave., Albany Leonard, Gerald H. Murray Box 291, Chatsworth Lewis, E. Brooks Wilkinson P.O. Box 296, Gordon Lindsey, William R. Wilkes P. O. Box 337, Washington Logan, B. C., Sr. Gilmer Ellijay Lokey, Leonard N. McDuffie P.O. Box 167, 902 Church St., Thomson Lowrey, Sidney (Post #1) Floyd Rt. 7, Rome Mackay, James A. DeKalb 608-10 Decatur Federal Bldg., Decatur Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie McClelland, Ralph Fulton 1303 1st Nat. Bank Bldg., Atlanta McCracken, J. Roy Jefferson Avera McDonald, Thomas James, Jr. White P.O. Box 204, Cleveland McKemie, Henry G. Clay Coleman Meeks, William T. Union P.O. Box 96, Blairsville Melton, Quimby, Jr. Spalding Rt. 3, Box 411, Griffin Milford, C. Patrick Franklin Carnesville Milhollin, Henry R. (Post #2) Coffee Rt. 2, Douglas Mitchell, Thomas M. (Seat #1) Whitfield 1500 Underwood St., Dalton Mixon, Harry Irwin 1st State Bank Bldg., Ocilla Moate, Marvin E. Hancock 608 Rabun, Sparta Moore, John Harvey Polk 503 N. Cave Spring St., Cedartown Morgan, Handsel Gwinnett Buford Morgan, Jack H. (Post #2) Newton Rt. 4, Covington Mullis, J. R. (Jim) Bleckley 204 Cherry St., Cochran Murphy, Thomas B. Haralson 114 Sharp St., Bremen Nessmith, Paul E., Sr. Bulloch Rt. 4, Statesboro Newton, A. Sid Jenkins RFD #4, Millen Newton, David L. Colquitt Rt. 2, Norman Park Odom, Colquitt H. Dougherty 706-3rd Ave., Albany Overby, Howard T. (Seat #2) Hall 1173 Riverside Dr., Gainesville Pafford, Robert C. Lanier Box 413, Lakeland Paris, James W. Barrow 306 W. Wright St., Winder Parker, H. Walstein Screven Sylvania Partridge, Henry F. Lincoln Rt. 2, Box 20, Lincolnton Payton, Henry N. Coweta P.O. Box 554, Newnan Perry, Eldridge W. Marion Buena Vista Peterson, David C. Houston Kathleen Phillips, G. S. Columbia Harlem Pickard, Mac Muscogee Box 1657, 1701 Crest Drive, Columbus Ponsell, W. K. (Post #1) Ware Rt. 1, Waycross Poole, Will Pickens Jasper Pope, Marion T., Jr. (Post #2) Cherokee P.O. Box 589, Canton Poss, Edwin C. Madison Rt. 1, Hull Rainey, Howard Crisp 201 - 8th St., S. Cordele Raulerson, Louis T. Echols Haylow Reaves, Henry L. Brooks Rt. 2, Quitman Rhodes, J. R. (Jimmy), Jr. Baker Newton Richardson, Willis J. (Dick), Jr. Chatham P.O. Box 2194, 31 W. Congress St., Savannah Roberts, Corbin Carlton Jones Gray Rodgers, H. Ben Charlton Folkston Rogers, Jimmie Long Ludowici Roper, Allen P. Greene Greensboro Rowland, Emory L. Johnson Wrightsville Russell, Henry P., Jr. Thomas Rt. 1, Boston Rutland, Guy W., Jr. DeKalb P.O. Box 187, Decatur Scarborough, John C., Jr. Crawford Roberta Sewell, J. W. Sumter Plains Shea, Bart E. Chatham 920 Realty Bldg., Savannah Shuman, Jack W. Bryan Box 158, Pembroke Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Glenwood Sinclair, J. Paul Macon Montezuma Singer, Sam S. Stewart Lumpkin Smith, A. C. Forsyth Rt. 3, Cumming Smith, Charles C. Camden 310 Wheeler St., St. Marys Smith, E. B., Jr. Telfair McRae Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady P.O. Box 156, Cairo Smith, Richard Russell Habersham P.O. Box 33, Clarkesville Smith, Virgil T. (Seat #2) Whitfield Cochran Dr., Dalton Snow, Wayne, Jr. Walker Rt. 2, Chickamauga Spikes, Harry R. Troup 110 College Ave., LaGrange Stalnaker, Paul Houston 112 Pattie Dr., Warner Robins Steis, William Burton Harris Hamilton Story, Earl P. Gwinnett Lawrenceville Strickland, Ernest W. Evans Rt. 2, Claxton Stuckey, W. S. Dodge Box 301, Eastman Tabb, Buck Miller 122 Main St., Colquitt Teague, E. W. (Bill) (Bracket #1) Cobb 1000 Bouldercrest Dr., Marietta Todd, W. G. Glascock Gibson Towson, William Malcolm Laurens P.O. Box 685, Morris Office Bldg., Dublin Tucker, Joe B. (Seat #2) Catossa Ringgold Tucker, Memory King Burke Box 54, Waynesboro Tucker, Ray M. Henry McDonough Twitty, Frank S. Mitchell Camilla Underwood, Joe C. Montgomery Mt. Vernon Underwood, Ralph R. Taylor P.O. Box 279, Butler Vaughn, Clarence R., Jr. Rockdale Conyers Walker, Fred H. Lowndes 2117 Jerry Jones Drive, Valdosta Ware, J. Crawford Troup 2 S. Highway, Hogansville Warren, James E. Wayne Rt. 3, Box 296, Jesup Watson, Caleb Powers Pike P.O. Box 485, Molena Watts, Jesse C. Talbot Talbotton Wells, D. Warner Peach Fort Valley Wells, Hubert H. Oconee Watkinsville White, Daniel H. McIntosh P.O. Box 475, Darien Wiggins, William S. Carroll 202 Tanner St., Carrollton Wilkes, Wilson B. Cook 105 Bearcreek Rd., Adel Williams, George J. (Post #1) Coffee Box 134, Axson Williams, W. M. (Bill) (Seat #1) Hall 630 Brenau Ln., Gainesville Wilson, Hoke S. Brantley Nahunta Wilson, Joe Mack (Bracket #2) Cobb 306 Northcutt St., Marietta Woodward, Bailey Butts Box 11, Jackson

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1963 - 1964 County Representative Post Office Appling Curtis C. Herndon Box 61, Surrency Atkinson Waldo Henderson RFD 2, Lakeland Bacon H. Dorsey Deen Rt. 4, Alma Baker J. R. (Jimmy) Rhodes, Jr. Newton Baldwin J. Floyd Harrington (Post #1) Milledgeville Philip M. Chandler (Post #2) P.O. Box 806, 500 N. Tattnall St., Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris 306 W. Wright St., Winder Bartow J. R. Cullens P.O. Box 326, 18 S. Erwin St., Cartersville William B. Greene 113 Luckie St., Cartersville Ben Hill A. Brad C. Dorminy, Jr. 701 W. Central Ave., Fitzgerald Berrien W. D. (Jack) Knight P.O. Box 647, Nashville Bibb Denmark Groover, Jr. P.O. Box 1353, Macon Mitchel P. House, Jr. Suite 305, Persons Bldg., Macon William E. Laite, Jr. 2948 Crestline Dr., Macon Bleckley J. R. (Jim) Mullis 204 Cherry St., Cochran Brantley Hoke S. Wilson Nahunta Brooks Henry L. Reaves Rt. 2, Quitman Bryan Jack W. Shuman Box 158, Pembroke Bulloch W. Jones Lane Statesboro Paul E. Nessmith, Sr. Rt. 4, Statesboro Burke Memory King Tucker Box 54, Waynesboro Butts Bailey Woodward Box 11, Jackson Calhoun W. Harvey Jordan Leary Camden Charles C. Smith 310 Wheeler St., St. Marys Candler Hines L. Brantley Metter Carroll J. Ebb Duncan W. Club Dr., Carrollton Wm. J. Wiggins 202 Tanner St., Carrollton Catoosa Joe T. Clark (Seat #1) Ringgold Joe B. Tucker (Seat #2) Ringgold Charlton H. Ben Rodgers Folkston Chatham Arthur J. Funk 7 Grimball River Rd., Savannah Willis J. (Dick) Richardson, Jr. P.O. Box 2194, 31 W. Congress St., Savannah Bart E. Shea 920 Realty Bldg., Savannah Chattahoochee Floyd Hudgins Cusseta Chattooga James H. Floyd 11 Sunset Ln., Trion Cherokee Grady Newton Coker, M.D. (Post #1) Canton Marion T. Pope, Jr. (Post #2) P.O. Box 589, Canton Clarke W. Randall Bedgood, Jr. 375 W. View Dr., Athens Chappelle Matthews 116 Shackelford Bldg., Athens Clay Henry G. McKemie Coleman Clayton Edgar Blalock Jonesboro Wm. J. (Bill) Lee RFD #1, Forest Park Clinch Grover B. Lee DuPont Cobb E. W. (Bill) Teague (Bracket #1) 1000 Bouldercrest Dr., Marietta Joe Mack Wilson (Bracket #2) 306 Northcutt St., Marietta Robert E. Flournoy (Bracket #3) Blair Bldg., Marietta Coffee George J. Williams (Post #1) Box 134, Axson Henry R. Milhollin (Post #2) Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie David L. Newton Rt. 2, Norman Park Columbia G. S. Phillips Harlem Cook Wilson B. Wilkes 105 Bearcreek Rd., Adel Coweta Henry N. Payton P.O. Box 554, Newnan D. B. Blalock Newnan Crawford John C. Scarborough, Jr. Roberta Crisp Howard Rainey 201-8th St., South, Cordele Dade Maddox J. Hale Trenton Dawson Ralph W. Bowen Dawsonville Decatur J. Willis Conger 940 Pine St., Bainbridge R. A. Cheney Griffin 1001 College St., Bainbridge DeKalb James A. Mackay 608-10 Decatur Fed. Bldg., Decatur Guy W. Rutland, Jr. P.O. Box 187, Decatur J. Robin Harris 250 Ponce de Leon Ave., Decatur Dodge W. S. Stuckey Box 301, Eastman Dooly Rooney L. Bowen Vienna Dougherty George D. Busbee 204 N. Monroe St., Albany Colquitt H. Odom 706 - 3rd Ave., Albany William S. (Billy) Lee 1215 Baker Ave., Albany Douglas Alpha A. Fowler, Jr. Douglasville Early Leon Hodges Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham B. Frank Arnsdorff Springfield Elbert Dr. A. S. Johnson, Sr. 302 Heard St., Elberton Emanuel Geo. L. Smith II Swainsboro Evans Ernest W. Strickland Rt. 2, Claxton Fannin A. C. Duncan Box 356, McCaysville Fayette A. Hewlette Harrell P.O. Box 314, Fayetteville Floyd Sidney Lowrey (Post #1) Rt. 7, Rome J. E. (Red) Jordan (Post #2) #1 Forest Ln., Rome Forsyth A. C. Smith Rt. 3, Cumming Franklin C. Patrick Milford Carnesville Fulton Wilson Brooks 413 Grant Bldg., Atlanta Jack Etheridge 1026 Fulton Federal Bldg., Atlanta Ralph McClelland 1303 1st Nat. Bank Bldg., Atlanta Gilmer B. C. Logan, Sr. Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian 1221 Pine Ave., Brunswick Joe Isenberg 4226 - 9th St., St. Simon Island Gordon Troy Causby Box 610, Calhoun Grady George T. Smith P.O. Box 156, Cairo Greene Allen P. Roper Greensboro Gwinnett Handsel Morgan Buford Earl P. Story Lawrenceville Habersham Richard Russell Smith P.O. Box 33, Clarkesville Hall W. M. (Bill) Williams (Seat #1) 630 Brenau Ln., Gainesville Howard T. Overby (Seat #2) 1173 Riverside Dr., Gainesville Hancock Marvin E. Moate 608 Rabun, Sparta Haralson Thomas B. Murphy 114 Sharp St., Bremen Harris William Burton Steis Hamilton Hart M. Parks Brown Box 307, Hartwell Heard Truitt Davis Box 153, Franklin Henry Ray M. Tucker McDonough Houston David C. Peterson Kathleen Paul Stalnaker 112 Pattie Dr., Warner Robins Irwin Harry Mixon 1st State Bank Bldg., Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins A. Sid Newton RFD #4, Millen Johnson Emory L. Rowland Wrightsville Jones Corbin Carlton Roberts Gray Lamar Haygood Keadle 414 Spencer St., Barnesville Lanier Robert C. Pafford Box 413, Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter William Malcolm Towson P.O. Box 685, Dublin Lee H. Goodwin Hall Rt. 2, Leesburg Liberty Charles M. Jones 206 E. Court St., Hinesville Lincoln Henry F. Partridge Rt. 2, Box 20, Lincolnton Long Jimmie Rogers Ludowici Lowndes W. J. Gibbons 1206 Westwood Dr., Valdosta Fred H. Walker 2117 Jerry Jones Dr., Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Paul Sinclair Montezuma Madison Edwin C. Poss Rt. 1, Hull Marion Eldridge W. Perry Buena Vista McDuffie Leonard N. Lokey P.O. Box 167, 902 Church St., Thomson McIntosh Daniel H. White P.O. Box 475, Darien Meriwether Render Hill Greenville Miller Buck Tabb 122 Main St., Colquitt Mitchell Frank S. Twitty Camilla Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan E. Roy Lambert 104 Washington St., Madison Murray Gerald H. Leonard Box 291, Chatsworth Muscogee Harry Dicus Columbus Bank Tr. Co. Bldg., Columbus Milton Jones 3438 Sue Mack Dr., Columbus Mac Pickard Box 1657, 1701 Crest Dr., Columbus Newton W. D. (Donald) Ballard (Post #1) Oxford Jack H. Morgan (Post #2) Rt. 4, Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding George Talmadge Bagby RFD #2, Dallas Peach D. Warner Wells Fort Valley Pickens Will Poole Jasper Pierce Francis Houston Blackshear Pike Caleb Powers Watson Box 485, Molena Polk Nathan D. Dean 4009 - 3rd Ave., Rockmart John Harvey Moore 503 N. Cave Spring St., Cedartown Pulaski John H. Anderson, Jr. Anderson Rd., Hawkinsville Putnam N. Dudley Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen 512 Court St., Cuthbert Richmond William M. Fleming, Jr. #3 Johnson Bldg., Augusta James M. Hull, Jr. Southern Finance Bldg., Augusta John C. Bell 3407 Kamel Cir., Augusta Rockdale Clarence R. Vaughn, Jr. Conyers Schley Marvin E. DeVane Ellaville Screven H. Walstein Parker Sylvania Seminole J. O. Brackin Rt. 1, Iron City Spalding Arthur K. Bolton Box 602, Griffin Quimby Melton, Jr. Rt. 3, Box 411, Griffin Stephens J. A. (Jim) Andrews 108 E. Doyle St., Toccoa Stewart Sam S. Singer Lumpkin Sumter William E. Blair 22 Laudig Lane, Americus J. W. Sewell Plains Talbot Jesse C. Watts Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall H. E. Kirkland Rt. 1, Box 2, Glennville Taylor Ralph R. Underwood P.O. Box 279, Butler Telfair E. B. Smith, Jr. McRae Terrell Ed Fulford Cinderella Lane, Dawson Thomas James W. Keyton 137 Woodland Dr., Thomasville Henry P. Russell, Jr. Rt. 1, Boston Tift Henry Banks Allen 414 W. 14th St., Tifton Warren Frank Branch Box 287, Tifton Toombs Ross P. Bowen Rt. 1, Lyons Towns Dr. John W. Acree Box 225, Hiawassee Treutlen J. Wyman Fowler Box 203, Soperton Troup Harry R. Spikes 110 College Ave., LaGrange J. Crawford Ware 2 S. Highway Hogansville Turner Roy N. Coker Box 184, Sycamore Twiggs James E. Beck P.O. Box 188, Jeffersonville Union William T. Meeks P.O. Box 96, Blairsville Upson Johnnie L. Caldwell Thomaston Talmage B. Echols P.O. Box 349, Thomaston Walker Billy Shaw Abney P.O. Box 607, LaFayette Wayne Snow, Jr. Rt. 2, Chickamauga Walton J. T. Byrd Rt. 3, Loganville Ware W. K. Ponsell (Post #1) Rt. 1, Waycross Harry D. Dixon (Post #2) 1303 Coral Rd., Waycross Warren Bobby W. Johnson P.O. Box 122, Warrenton Washington Tom C. Carr Smith St., Sandersville Wayne James E. Warren Rt. 3, Box 296, Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Glenwood White Thomas James McDonald, Jr. P.O. Box 204, Cleveland Whitfield Thomas M. Mitchell (Seat #1) 1500 Underwood St., Dalton Virgil T. Smith (Seat #2) Cochran Dr., Dalton Wilcox Joe L. Dennard Pineview Wilkes William R. Lindsey P.O. Box 337, Washington Wilkinson E. Brooks Lewis P.O. Box 296, Gordon Worth David Campbell Jones P.O. Box 90, Sylvester

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1963 AS OF APRIL, 1964 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 1 42 1959 35 1 34 1960 47 1 1 45 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 TOTAL 347 16 16 315

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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 elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

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

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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 (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the [Illegible Text] referendum elections. Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Howkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2- City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3- City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton and Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton and Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton and Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 Gainesville City Commission 4-1-58 For925 Agn169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn43 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-63 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton and Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton and Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton and Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton and Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466; Agn418 Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For320; Agn146 Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton and Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County officers on salary basis 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4057 Agn959 Jefferson 2913 Town of Avera 9-15-60 Status unknown Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1218

Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Serves System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 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 For331 Agn954 Void6 Troup 2650 City of West Point 4-26-61 For143 Agn224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1221

Georgia Laws 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City For385; Agn108 Outside City For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of 4-11-62 Muscogee County For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For392 Agn180 Putnam 2440 Certain county officers, compensation 11-6-62 For626 Agn129 Putnam 3048 Office of Tax Commissionercreated 11-6-62 For548 7-11-62 Agn184 Terrell 2537 City of Dawson Status Ext. 1Defeated Terrell 3186 City of Dawson Unknown Ext. 2Ratified Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed areas For13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1224

Georgia Laws 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For142 Agn346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissionercreation of office 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status Unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243 Agn44 Outside City: For81 Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissionercreation of office 5-28-63 For91 Agn279 Jackson 2575 City of Commerce No Action Taken Meriwether 2332 City of Warm Springs No Action Taken Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Void6 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 One member Board County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 1227

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