Acts and resolutions of the General Assembly of the state of Georgia 1965 [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 ATLANTA: LONGINO PORTER, INC. 19650000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1965 19650000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC. ATLANTA, GA.

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Compiler's Note To speed publication, the Acts and Resolutions of the 1965 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 920. The proposed amendments to the Constitution were grouped together beginning at page 675 of Volume One and are followed by a complete index beginning at page 769. 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 920 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 1965 GENERAL ASSEMBLYSPECIAL ELECTIONS. Code 34-805 Amended. No. 1 (House Bill No. 71). An Act to amend Code section 34-805, relating to special elections for members of the General Assembly, so as to provide for certain exceptions relative to vacancies occurring during 1965; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-805, relating to special elections for members of the General Assembly, is hereby amended by striking the last sentence, which reads as follows:

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In all other cases such a special election to fill such vacancy shall be held if the governor issues his writ of election therefor., and inserting in lieu thereof the following: In all other cases and in cases involving vacancies occurring during the 1965 Session of the General Assembly, any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor. so that when so amended Code section 34-805 shall read as follows: Section 34-805. Special election for members of General Assembly .Whenever a vacancy shall occur or exist in either House of the General Assembly during a session of the General Assembly, or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet at any time previous to the next November election, the Governor shall issue, within ten days after the happening of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the ordinary of each county involved for special election to fill such vacancy, which election shall be held on a date named in the writ, which shall not be less than thirty nor more than sixty days after its issuance. In all other cases and in cases involving vacancies occurring during the 1965 Session of the General Assembly, any such special election to fill any such vacancy shall be held if the Governor issues his writ of election therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 22, 1965.

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MOTOR VEHICLE LICENSE PLATESDUTIES OF TAX COLLECTORS, ETC. No. 2. (House Bill No. 2). An Act to amend an Act entitled An Act to provide for the registration of motor vehicles and the issuance of motor vehicles license plates by the tax collectors or tax commissioners of the various counties; to provide for exceptions; to grant discretions as to the method of printing the name of the State on license tags; to constitute such tax collectors or tax commissioners the agents of the State Revenue Commissioner for such purpose and provide for their compensation; to provide for the administration of this Act, for the execution of bond by the tax collectors or tax commissioners; and for other purposes., approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, particularly by an Act approved March 4, 1957 (Ga. L. 1957, p. 197), so as to provide that the local tax collector or tax commissioner shall act as the agent for the State Revenue Commissioner for the purpose of selling motor vehicle license plates when he is directed to do so 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 provide for the registration of motor vehicles and the issuance of motor vehicle license plates by the tax collectors or tax commissioners of the various counties; to provide for exceptions; to grant discretions as to the method of printing the name of the State on license tags; to constitute such tax collectors or tax commissioners the agents of the State Revenue Commissioner for such purpose and provide for their compensation; to provide for the administration of this Act, for the execution of bond by the tax collectors or tax commissioners; and for other purposes., approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, particularly by an Act approved March 4, 1957 (Ga. L. 1957, p. 197), is hereby amended by inserting between the second and third sentences of section 1 the following:

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Provided, however, that no tax collector or tax commissioner shall decline to accept the designation as agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles and the issuance of license plates therefor when such local officials have been directed by law to act as such. When such direction is made by the General Assembly, the duties and responsibilities devolving upon the agents of the State Revenue Commissioner for such purposes shall become a part of the official duties and responsibilities of such local official's office., so that when so amended, section 1 shall read as follows: Section 1. That the tax collectors of the various counties of this State, and the tax commissioners of the counties of the State in which the duties of the tax collector are performed by a tax commissioner, are hereby made agents of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles and issuance of license plates under the provisions of Title 68, Chapter 2, of the Code of Georgia of 1933, as amended, except as provided in section 6 of this Act. Upon failure or refusal of any tax collector or tax commissioner of any county to accept said designation in writing by December 1 preceding the calendar year for which such designation is made, and/or perform the objects of this Act for the entire calendar year for which such appointment as agent is made, the State Revenue Commissioner is authorized and directed to designate another county official or other qualified citizen of such county as agent who will be subject to all the provisions and conditions of this Act and the rules and regulations promulgated thereunder; or, upon the failure or refusal of such county officers to serve as agent, or upon the resignation or failure of any agent to serve as agent within a calendar year, the State Revenue Commissioner may, if deemed necessary, provide for the registration of motor vehicles and issuance of license plates for such county, at the State Capitol. Provided, however, that no tax collector or tax commissioner shall decline to accept the designation as agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles and the

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issuance of license plates therefor when such local officials have been directed by law to act as such. When such direction is made by the General Assembly, the duties and responsibilities devolving upon the agents of the State Revenue Commissioner for such purposes shall become a part of the official duties and responsibilities of such local official's office. The acceptance as `Agent of the State Revenue Commissioner for the registration and licensing of motor vehicles in the county' shall be for the entire calendar year for which such appointment is made, and any resignation, refusal, or failure by any agent to perform the duties and responsibilities imposed upon such agent by this Act and the regulations promulgated hereunder, occurring during the calendar year for which such appointment has been made, shall subject the bond of said agent required hereunder to revocation and forfeiture, at the discretion of the State Revenue Commission, to and including the amount of twenty-five per centum (25%) of the commissions to which said agent has theretofore during said calendar year been entitled under this Act for the issuing of license plates in such county; provided, however, that no such forfeiture shall be applicable or permitted in the event of death of any agent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 25, 1965. SUPPLEMENTARY APPROPRIATIONS ACT. No. 8 (House Bill No. 1). An Act to provide supplementary appropriations for the remainder of 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.

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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, 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. Aging, Commission on 1964-1965 $ 7,500.00 Section 2. Capitol Square Improvement CommitteeAuthority Lease Rentals 1964-1965 $ 500,000.00 Section 3. Comptroller General 1964-1965 $ 125,000.00 Section 4. Education, State Board 1964-1965 $ 481,300.00 Section 5. Family and Children Services, Department of 1964-1965 $ 37,000.00 Provided that the above sum shall be expended as operating expenses to investigate and provide old age assistance to approximately 400 senior citizens at the Milledgeville State Hospital, who shall be added to the old age assistance list at the rate of approximately 100 per month for four months, beginning in March, 1965. Section 6. Game and Fish Commission 1964-1965 $ 144,063.00 Section 7. Higher Education Assistance Corporation 1964-1965 $ 15,000.00 Section 8. Highway Department (Airport Development) 1964-1965 $ 601,000.00

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Section 9. Labor, Department of Commissioner's Office and Inspection Division 1964-1965 $ 8,000.00 Section 10. Law, Department of 1964-1965 $ 42,000.00 Section 11. Parks, Department of 1964-1965 $ 45,570.00 Section 12. Probation, Board of 1964-1965 $ 68,692.00 Section 13. Public Safety, Department of 1964-1965 $ 360,000.00 Section 14. Regents of the University System of Georgia 1964-1965 $ 280,000.00 Section 15. Revenue, Department of 1964-1965 $ 150,000.00 Section 16. Soil and Water Conservation Committee 1964-1965 $ 32,000.00 Section 17. State Scholarship Commission 1964-1965 $ 15,000.00 Section 18. Stone Mountain Memorial Committee 1964-1965 $ 150,000.00 Section 19. Supervisor of Purchases State Self-Insurance Program 1964-1965 $1,000,000.00 Section 20. All expenditures and appropriations made and

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authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Supplemental Budget submitted to the General Assembly at the regular January Session 1965, 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. Section 21. 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.

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Total Appropriations 1964-65 $ 4,062,125.00 Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1965. LAND CONVEYANCE TO CITY OF DAWSON. No. 1 (House Resolution No. 15-21). A Resolution. Authorizing the conveyance of certain real estate located in Terrell County, Georgia; and for other purposes. Whereas, on April 1, 1949, the City of Dawson, a municipal corporation in the County of Terrell, deeded to the State of Georgia a tract of land for and in consideration of $10.00 and other valuable considerations; said conveyance being recorded in deed book NN, page 82, on April 19, 1949; and Whereas, the State of Georgia is now using other land located in the City of Dawson, County of Terrell, which was deeded by that city to the State for $10.00 and other valuable considerations to be used by the State and the Georgia National Guard for military purposes, thereby making this tract of land no longer of any use to the State; and Whereas, the State has agreed to reconvey this tract of land back to the City of Dawson, since the State no longer has any use for the land, for $10.00 and other valuable considerations; and Whereas, said tract or parcel of land is more fully described as follows: That tract or parcel of land, containing 2.259 acres,

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more or less, including the Armory Building thereon, situated, lying and being in the City of Dawson, Terrell County, Georgia, and being known and distinguished as a portion of block no. 208, according to the map of the City of Dawson by Marbury Wright, and the same being more particularly described as follows: By commencing at the northeast corner of block no. 208, according to the map of said city by Marbury and Wright, and run thence west along the north boundary line of said block, a distance of 336 feet; thence south 322 feet; thence east 336 feet; thence north 322 feet to the starting point, and said property being bounded on the north by the white public school property, on the east by property of J. H. Smith (formerly the Dean Estate), and property of the J. Williams Estate, on the south by property of J. Williams Estate, on the west by property of C. H. Peddy; said tract of land containing 2 1/2 acres, more or less, and being a portion of the property purchased by C. H. Peddy and Mrs. A. E. Pickett, et al, by deed dated September 23rd, 1919, and recorded in book W, page 392 of the deed records of Terrell County, Georgia. 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 of land to the City of Dawson for and in consideration of the sum of $10.00 and the moral obligation of the State. Approved February 17, 1965. GRADY SUPERIOR COURTTERMS. No. 12 (House Bill No. 100). An Act to provide for the terms of the Superior Court of Grady County; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the terms of the Superior Court of Grady County shall be on the third Monday in March and the third Monday in September, in lieu of the first Monday in March and the first Monday in September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1965. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDEXEMPTIONS. No. 14 (House Bill No. 48). 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 provide for additional exemptions from the taxes imposed by said Act; to clarify the intention of the General Assembly; 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 Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, is hereby amended by adding to section 3 (c) 2 the following subparagraphs to be designated subparagraphs (p) and (q) and to read as follows: (p) Property manufactured or assembled in this State for export where delivery is taken outside this State. Aircraft, watercraft, motor vehicles and other transportation

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equipment manufactured or assembled in this State if sold by the manufacturer or assembler for use exclusively outside this State and if possession is taken from the manufacturer or assembler by the purchaser within this State for the sole purpose of removing the same from this State under its own power when it does not lend itself more reasonably to removal by other means. Exemptions. (q) Aircraft, watercraft, railroad locomotives and rolling stock, motor vehicles, and major components of each, which will be used principally to cross the borders of the State of Georgia in the service of transporting passengers or cargo by common carriers in interstate or foreign commerce under authority granted by the Federal Government. Replacement parts installed by such carriers in such aircraft, watercraft, railroad locomotives and rolling stock and motor vehicles which become an integral part thereof. In lieu of any tax under this Act which would apply to the purchase, sale, use, storage or consumption of the aforesaid tangible personal property except for this exemption, the tax under this Act shall apply with respect to all fuel purchased and delivered within this State by or to the aforesaid common carriers and all fuel purchased outside this State and stored in this State irrespective, in either case, of the place of its subsequent use. Major components and repair parts installed in military craft, vehicles and missiles. Section 2. Said Act is further amended by striking from section 4 of the following two paragraphs: It is not the intention of this Act to levy a tax upon articles of tangible personal property imported into this State or produced or manufactured in this State for export, the repairing or storage of such property in this State for use in another state, nor is it the intention of this Act to levy a tax on bona fide interstate commerce. It is, however, the intention of this Act to levy a tax on the sale at retail, the use, the consumption, the distribution, and the storage to be used or consumed in this State of tangible personal property after it has come to rest in

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this State and has become a part of the mass of property in this State., and inserting in lieu thereof the following paragraph: It is the intention of the General Assembly in enacting this Act to exercise its full and complete power to tax the retail purchase, the retail sale, the rental, the storage, the use and the consumption of tangible personal property and the services herein described, except to the extent prohibited by the Constitutions of the United States and of Georgia and to the extent of specific exemptions provided elsewhere in this Act. Intent. Section 3. The amendment made by section 2 of this Act is hereby declared to be a clarification of the original intention of the General Assembly rather than a substantive change, and section 4 of said Georgia Retailers' and Consumers' Sales and Use Tax Act shall be construed for all purposes as though it had always read as so amended. Same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1965. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 15 (House Bill No. 86). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved February 24, 1964 (Ga. L. 1964, p. 3), so as to change the provisions for establishing the basis for a minimum schedule of salaries; to clarify the provisions relating to establishing a basis for a minimum schedule of salaries; 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 Minimum Foundation Program of Education Act, approved February 24, 1964 (Ga. L. 1964, p. 3) is hereby amended by striking from section 9 the first sentence thereof which reads as follows: 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., and substituting in lieu thereof the following: The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten months basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board., so that when so amended section 9 shall read as follows: Section 9. Schedule of Minimum Salaries: Supplementing Salaries by Local Units .The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten months basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the State Board. 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

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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 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1965.

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APPELLATE PRACTICE ACT OF 1965. No. 16 (House Bill No. 167). An Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal cases; to redefine what judgments and rulings are subject to review; to provide that filing of a motion for new trial shall be optional; to abolish bills of exception, exceptions pendente lite and assignments of error; to provide for institution of an appeal by the filing of notice of appeal, and to prescribe the procedure relating thereto; to provide for cross appeals; to authorize the grant of extensions of time for filing notice of appeal, notice of cross appeal, and other documents; to provide for supersedeas, supersedeas bonds and paupers' affidavit; to provide for a transcript of evidence and proceedings and the preparation and content thereof; to provide for transmission of the record on appeal; to define the instances in which an appeal may be dismissed; to require an enumeration of points in the briefs on appeal; to provide for joint appeals, joint motions for new trial, joint motions in arrest, and other joint motions; to redefine the procedure relating to motions for new trial; to require exceptions to the charge of the court in certain cases; to define the mode of service of notices of appeal, motions for new trial and other papers; to prescribe suggested forms; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) Appeals may be taken to the Supreme Court and Court of Appeals from judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which writs of error are authorized by the Constitution and laws, in the following instances: 1. Where the judgment is finalthat is to saywhere the cause is no longer pending in the court below; 2. Where the decision or judgment complained of, if it had been rendered as claimed for by the appellant, would

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have been a final disposition of the cause or final as to some material party thereto; provided, however, that no appeal shall be taken from a decision or judgment in a mandamus or quo warranto proceeding or in any case involving a writ of prohibition, until there has been a final judgment in the trial court as referred to in paragraph 1 above. Reviewable judgments. 3. From all judgments involving applications for discharge in bail trover and contempt cases; from all judgments or orders directing that an accounting be had; from all judgments or orders granting or refusing application for receivers, or for interlocutory or final injunction; from all judgments or orders rendered after hearing, continuing in effect, modifying, vacating, or refusing to continue, modify or vacate a temporary restraining order; from all judgments or orders granting or refusing applications for attachment against fraudulent debtors; from all judgments or orders granting or refusing to grant applications for alimony, either temporary or permanent, mandamus or other extraordinary remedy; from all judgments or orders sustaining, overruling or dismissing pleas to the jurisdiction or pleas in bar; from all judgments or orders granting or refusing applications for dissolution of corporations created by the superior courts; and from all judgments or orders sustaining or overruling a general demurrer to a caveat to the probate of a will. (b) Where an appeal is taken under any provision of paragraph (a) above, all judgments, rulings or orders rendered in the case which are raised on appeal and which may affect the proceedings below, shall be reviewed and determined by the appellate court, without regard to the appealability of such judgment, ruling or order standing alone, and without regard to whether the judgment, ruling or order appealed from was final, or was appealable by some other express provision of law contained in paragraph (a) above, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory, but the appellate court shall in all cases review all judgments, rulings or orders raised on appeal which may affect the proceedings

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below, and which were rendered subsequent to the first judgment, ruling or order held erroneous. Nothing in this paragraph shall require the appellate court to pass upon questions which are rendered moot. Section 2. A motion for new trial need not be filed as a condition precedent to appeal or consideration of any judgment, ruling or order in any case, but in all cases where motion for new trial is an available remedy, the party entitled thereto may elect to file the motion first, or appeal directly, provided however, that where matters complained of arise or are discovered subsequent to verdict or judgment which otherwise would not appear in the record, such as newly discovered evidence and in other like instances, a motion for new trial or other available procedures shall be filed and together with all proceedings thereon shall become a part of the record on appeal; otherwise, the motion for new trial need not be transmitted as a part of the record on appeal, as the appellate court may consider all questions included in the enumeration of errors provided for in section 14 herein. Motions for new trial. Section 3. Bills of exceptions, exceptions pendente lite, assignments of error and all rules relating thereto are hereby abolished. Motions for new trial and for judgment notwithstanding the verdict need not set out portions of the record or transcript of evidence, and it shall not be necessary that the grounds thereof be complete in themselves or be approved by the court. Provided however that said motions must be sufficiently definite to inform the opposite party of the contention of the movant. Bills of exception, etc. abolished. Section 4. An appeal may be taken by filing with the clerk of the court wherein the case was determined a notice of appeal. The notice shall set forth the title and docket number of the case, the name of appellant and the name and address of his attorney, a concise statement of the judgment, ruling or order entitling the appellant to take an appeal, the court appealed to, a designation of those portions of the record to be omitted from the record on appeal, and if the appeal be from a judgment of conviction in a criminal case,

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a brief statement of the offense and the punishment prescribed. Approval by the court is not required as a condition to filing the notice. All parties to the proceedings in the lower court shall be parties on appeal, and shall be served with a copy of the notice of appeal in the manner hereinafter prescribed. Notice of appeal. Section 5. A notice of appeal shall be filed within thirty (30) days after entry of the appealable decision or judgment complained of (except as provided in Code section 27-1201, relating to change of venue in criminal cases), but when a motion for new trial, or a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed, the notice shall be filed within thirty (30) days after the order granting overruling, or otherwise finally disposing of the motion. In civil cases, the appellee may institute cross appeal by filing notice thereof within fifteen (15) days from service of the notice of appeal by appellant, and the appellee may present for adjudication on the cross appeal all errors or rulings adversely affecting him, and in no case shall the appellee be required to institute an independent appeal on his own right, although the appellee may at his option file an independent appeal. The notice of cross appeal shall set forth the title and docket number of the case, the name of appellee and the name and address of his attorney, a designation of any portions of the record or transcript designated for omission by appellant and which the appellee desires included, and shall state that the appellee takes a cross appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner hereinafter prescribed. Same, cross appeals. Section 6. Any judge of the trial court, or any justice or judge of the appellate court to which the appeal is to be taken may, in his discretion, and without motion or notice to the other party, grant extensions of time for the filing of (a) notice of appeal, (b) notice of cross appeal, (c) transcript of the evidence and proceedings on appeal or in any other instance where filing of the transcript is required or permitted by law, (d) designation of record referred to under section 11 hereof; and (e) any other similar motion, proceeding or paper for which a filing time is prescribed;

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provided, however, no extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict, and provided further, only one extension of time shall be granted for filing of notice of appeal and notice of cross appeal, and the extension shall not exceed the time otherwise allowed by these rules for the filing of the notices initially. Any application to any court, justice or judge for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order. The order granting an extension of time shall be promptly filed with the clerk of the trial court, and the party securing it shall serve copies thereof on all other parties in the manner hereinafter prescribed. Extensions of time for filing, etc. Section 7. In all criminal cases, the notice of appeal filed as heretofore provided, shall serve as supersedeas in all cases where a sentence of death has been imposed, or where the defendant is admitted to bail. If the sentence is bailable, the defendant may give bond in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's personal appearance to abide the final judgment or sentence of the court. Supersedeas in criminal cases. Section 8. (a) In civil cases, the notice of appeal filed as hereinbefore provided shall serve as supersedeas, upon payment of all costs in the trial court by the appellant, and it shall not be necessary that a supersedeas bond be filed; provided, however, upon motion by appellee, the trial court shall require that supersedeas bond be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest and damages for delay, if for any reason the appeal is dismissed or is found to be frivolous, and to satisfy in full such modification of the judgment and such costs, interest and damages as the appellate court may award. When the judgment is for the recovery of money not otherwise secured, the amount of the bond shall be fixed at such sum as will cover the whole amount of the judgment remaining unsatisfied, costs on the appeal, interest and damages for delay, unless the court after notice and hearing and for good

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cause shown fixes a different amount or orders security other than the bond. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer or when the proceeds of such property or a bond for its value is in the custody or control of the court, the amount of the supersedeas bond shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs of the action, costs on appeal, interest and damages for delay. Supersedeas in civil cases. (b) Failure to File or Insufficiency of Bond . If supersedeas bond is not filed within the time specified by the judge, or if the bond filed is found insufficient, and if the action is not yet docketed with the appellate court, a bond may be filed at such time before the action is so docketed as may be fixed by the trial court. After the action is so docketed, motion to require a bond may be made only in the appellate court. (c) Judgment Against Surety . By entering into an appeal or supersedeas bond given pursuant to this section, the surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of notice or an independent action. (d) Nothing in this section shall be construed as repealing Code section 55-202, relating to the effects of appeals in injunction cases, nor shall anything herein deprive the superior courts of their separate power to grant supersedeas under Code section 24-2616 (1), nor the power of the appellate courts to grant supersedeas in such manner as they may determine to meet the ends of justice. Section 9. In all civil cases where the party taking an appeal files affidavit, stating that because of his poverty he is unable to pay costs or to post such supersedeas bond, if any, as may be required by the trial judge as hereinabove

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provided, the notice of appeal and affidavit in forma pauperis shall act as supersedeas. Same, paupers' affidavit. Section 10. (a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared as provided in Code section 27-2401, or as may hereafter be provided by law. Transcripts of evidence, etc. (b) In all misdemeanor cases, the trial judge may in his discretion require the reporting and transcribing of the evidence and proceedings on terms prescribed by him. (c) In all civil cases tried in the superior and city courts and in any other court the judgments of which are now or hereafter subject to review by the Supreme Court or Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported, the costs thereof to be borne equally between them, and where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at his expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, the judge may in his discretion authorize trial of the case unreported, and when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise. (d) Where a trial in any civil or criminal case is reported by a court reporter, all motions, colloquies, objections, rulings, all evidencewhether admitted or stricken on objection or otherwisecopies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other post-trial procedure shall be reported, and where the report is transcribed, all such matter shall be included in the written transcript, it being the intention of this act that all these matters appear in the record, rather than in assignments of error on appeal or otherwise, which are abolished by this Act. Where matters occur which were not reported, such as

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objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel, but where the trial is not reported or the transcript of the proceedings for any other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form. (e) Where a civil or criminal trial is reported by a court reporter, and the evidence and proceedings are transcribed, the reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with his certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General for which the court reporter shall receive compensation from the State Law Department in the amount of five cents ($.05) per hundred words. The original transcript shall be transmitted to the appellate court as a part of the record on appeal, and one copy will be retained in the trial court, both as hereinafter provided. Upon filing by the reporter, the transcript shall become a part of the record in the case, and need not be approved by the trial judge. (f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties, and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected, and if necessary that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order

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the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal. (g) Where a trial is not reported as hereinbefore referred to, or where for any other reason the transcript of the proceedings is not obtainable, and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as above referred to; in case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review, and if the trial judge is unable to recall what transpired he shall enter an order stating that fact. (h) Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading or paper may nevertheless be filed (with notation of disallowance thereon) and shall become part of the record for purposes of consideration on appeal or other procedure for review. (i) In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending. (j) In all cases, civil or criminal, any party may as a matter of right have the case reported at his own expense. Section 11. If the appellant designates any matter to be omitted from the record on appeal as hereinbefore provided, the appellee may, within fifteen (15) days of serving of the

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notice of appeal by appellant, file designation of record designating that all or part of the omitted matters be included in the record on appeal. Copy of such designation shall be served on all other parties in the manner hereinafter prescribed. Where there is a transcript of evidence and porceedings to be included in the record on appeal, the appellant shall cause the transcript to be prepared and filed as provided by section 10 of this Act, but when the appellant has designated that the transcript not be made a part of the record on appeal and its inclusion is by reason of a designation thereof by appellee, the appellee shall cause the transcript to be prepared and filed as hereinbefore referred to at his expense. The party having the responsibility of filing the transcript shall cause it to be filed within thirty (30) days after filing of the notice of appeal or designation by appellee, as the case may be, unless the time is extended as provided in section 6. In all cases, it shall be the duty of the trial judge to grant such extensions of time as may be necessary to enable the court reporter to complete his transcript of evidence and proceedings. Record on appeal. Section 11A. Upon filing of a notice of appeal or cross appeal, it shall be the duty of the clerk of court to notify the trial judge or presiding judge of that fact unless the certificate of service attached to the notice discloses that copy of the notice was previously sent or otherwise delivered to such judge. The judge may, at any time prior to transmission of the record to the appellate court, by order set the matter down for hearing after notice to all parties. At such hearing, the court may require that corrections or additions to the record be made, and inquire in to the errors to be urged upon appeal, and if found to be meritorious, may grant a new trial or take such other action as may be necessary or appropriate to correct the errors and avoid the time and expense of an appeal; provided, however, on appeal the appellant or cross appellant, as the case may be, shall not be limited to the errors presented to or considered by the lower court as hereunder provided. For purposes of this section, the law of the case rule shall not apply. In any cases where the provisions of this section are invoked, the notice of appeal or cross appeal shall be held in abeyance pending final determination

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of the matter by the lower court, and either party may file notice of appeal within thirty (30) days after entry of final judgment by the court under this section. Review by trial court. Section 12. It shall be the duty of the clerk of the trial court, within fifteen (15) days after the date of filing by the appellant of the notice of appeal, or the filing of the transcript, if any, whichever is later, to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the appellant and which were not designated for inclusion by the appellee, together with the notice of appeal with date of filing, and any notice of cross appeal with the date of filing. If for any reason the clerk is unable to transmit the record within the time hereinbefore required, or when an extension of time was obtained under section 6 hereof, he shall attach his certificate attesting to the cause of the delay, and the appeal shall not be dismissed. The clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal, but shall send up the reporter's original and retain the copy, as referred to in section 10 hereof, and it shall not be necessary that the transcript be renumbered as a part of the record on appeal. The clerk shall then transmit the record to the Supreme Court or Court of Appeals, as the case may be, together with his certificate as to the correctness thereon. The clerk shall retain an exact duplicate copy of all the records sent up, with the same pagination, in his office as a permanent record. Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish the Attorney General with an exact copy of the record on appeal, for which the clerk shall be paid at the rate of.20 cents per hundred words plus $1.50 for the clerk's certificate, to be paid out of funds appropriated to the State Law Department; provided however, the clerk shall not receive compensation for the transcript of evidence and proceedings. In counties where the clerk is on a salary basis, all costs shall be paid into the county treasury. Where a defendant in a criminal case is confined in jail pending appeal, it shall be the duty of the clerk to state that fact in his certificate, and it shall be the duty of the appellate court to expedite disposition of the case. Duty of clerk of trial court.

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Section 13. (a) Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal, but the trial and appellate courts shall at any stage of the proceeding require that parties be served in such manner as will permit a just and expeditious determination of the appeal and shall, when necessary, grant such continuance as may be required under the circumstances. Dismissals bp appellate courts. (b) No appeal shall be dismissed or its validity affected for any cause or consideration of any enumerated error refused, except for (1) failure to file notice of appeal within the time required as provided in this Act or within any extension of time granted hereunder; (2) where the decision or judgment is not then appealable; (3) where the questions presented have become moot; or (4) where no brief is filed on behalf of the appellant within the time prescribed by the rules of the appellate court. At any stage of the proceedings, either before or after argument, the court shall by order, either with or without motion, provide for all necessary amendments, require the trial court to make corrections in the record or transcript or certify what transpired below which does not appear from the record on appeal, require that additional portions of the record or transcript of proceedings be sent up, or require that a complete transcript of evidence and proceedings be prepared and sent up, or take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss it. (c) Dismissal of the appeal shall not affect the validity of the cross appeal, where notice therefor has been filed within the time required for cross appeals, and where the appellee would still stand to receive benefit or advantage by a decision of his cross appeal. Section 14. The appellant and cross appellant shall file as a part of their brief in the appellate court, at such time as may be prescribed by its rules, an enumeration of the errors relied upon, which shall set out separately each error asserted and intended to be urged. The enumeration need not set out or refer to portions of the record on appeal, shall

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be concise, and need not conform to the assignments of error abolished by these rules. Errors not enumerated according to this section shall be disregarded. Assignments of error. Section 15. Whenever two or more persons are defendants or plaintiffs in an action and a judgment, verdict, or decree has been rendered against each of them, jointly or severally, or where two or more cases are tried together, the plaintiffs or defendants, as the case may be, shall be entitled, but not required, to file joint appeals, motions for new trial, motions in arrest, motions to set aside, and motions for judgment notwithstanding the verdict, without regard to whether the parties have a joint interest, or whether the cases were merely consolidated for purposes of trial, or whether the cases were simply tried together without an order of consolidation. The rule shall apply to both civil and criminal cases. Joint appeals. Section 16. (a) All applications for new trial, except in extraordinary cases shall be made within thirty (30) days of the entry of the judgment on the verdict, or entry of the judgment where the case was tried without a jury. The motion may be amended any time on or before the ruling thereon, and where the grounds thereof require consideration of the transcript of evidence or proceedings, the court may in its discretion grant an extension of time for the preparation and filling of the transcript, which may be done any time on or before the hearing, or the court may in its discretion hear and determine the motion before the transcript of evidence and proceedings is prepared and filed. The grounds of the motion need not be approved by the court. The motion may be heard in vacation or term time, but where not heard at the time named in the order, whether in term time or vacation, it shall stand for hearing at the next term or at such other time in term or vacation as the court by order at any time may prescribe, unless sooner disposed of. On appeal, a party shall not be limited to the grounds urged in the motion, or any amendment thereof. The court also shall be empowered to grant a new trial on its own motion within thirty (30) days from entry of the judgment, except in criminal cases where the defendant was acquitted. Applications for new trial, etc.

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Section 17. (a) Except as otherwise provided in this section; in civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection. Opportunity shall be given to make the objection out of the hearing of the jury, and objections need not be made with the particularity of assignments of error (abolished by this Act) and need only be as reasonably definite as the circumstances will permit. Errors in instructions to jury. (b) In all civil cases, at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may present to the court written requests that it instruct the jury on the law as set forth therein. Copies of requests shall be given to opposing counsel for their consideration prior to the charge of the court. The court shall inform counsel of its proposed action upon the requests prior to their arguments to the jury, but shall instruct the jury after the arguments are completed. If the court declines to give in charge any written request presented hereunder, the court shall cause it to be filed with the clerk as a part of the record. Requests for instructions to jury. (c) Notwithstanding any other provision of this section, the appellate courts shall consider and review erroneous charges where there has been a substantial error in the charge which was harmful as a matter of law, regardless of whether objection was made hereunder or not. Section 18. (a) Whenever under this Act service or the giving of any notice is required or permitted to be made upon a party, and the party is represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service of all notices and other papers hereunder and service of motions for new trial, motions in arrest, motions for judgment notwithstanding the verdict, and all other similar motions, orders and proceedings may be made by the attorney or party filing the notice or paper, in person or by certified

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mail, and proof thereof shown by acknowledgment of the attorney or party served, or by certificate of the attorney, party or other person perfecting service. Service of any paper, motion or notice may be perfected either before or after filing with the clerk thereof, and when service is made by mail it shall be deemed to be perfected as of the day deposited in the mail. Service of notices, etc. (b) Service of any notice, motion or other paper provided for in this Act may be waived or acknowledged, either before or after service. Section 18B. The filing with the clerk of a judgment, signed by the judge, constitutes the entry of such judgment, within the meaning of this Act. Entry of judgment. Section 19. The procedure provided in this Act shall hereafter serve all purposes for which a bill of exceptions or writ of error have served in the past, and where under any law of force in this state provision is made for the taking of writs of error or bills of exception, the procedure herein prescribed shall be deemed to apply in lieu thereof as to the procedure and as to all time requirements. Intent. Section 20. The following suggested forms are hereby declared to be sufficient, but any other form substantially complying therewith shall be sufficient. (a) Notice of Appeal-Civil Cases NOTICE OF APPEAL

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(b) Notice of AppealCriminal Cases NOTICE OF APPEAL

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(c) Notice of Cross Appeal NOTICE OF CROSS APPEAL

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(d) Motion for New Trial MOTION FOR NEW TRIAL

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(e) Enumeration of Errors (In Brief) ENUMERATION OF ERRORS 1. The Court erred in charging the jury on gross negligence. 2. The Court erred in admitting the testimony of Witness Smith concerning his opinion as to how the collision happened. 3. The Court erred in refusing to grant a mistrial because of the misconduct of plaintiff's attorney in oral argument. 4. The Court erred in refusing to admit in evidence testimony of Witness Jones concerning his estimate as to damages. 5. The Court erred in denying defendant's motion for continuance. Section 21. The following statutes, code sections and acts are hereby repealed: (a) Section 6-801, as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 447); Section 6-802, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 732); and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 448); Section 6-803, as amended by an Act approved December

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22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 449); Section 6-804, Section 6-805, Section 6-806, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 732); Section 6-807, an Act approved April 2, 1963 (Ga. L. 1963, Vol. I, p. 258; Code Anno., Sec. 6-805.1); Section 6-809, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 734); Section 6-810, Section 6-811, Section 6-812, all of the Code, and Section 2 of an Act approved March 27, 1947 (Ga. L. 1947, pp. 298, 299; Ga. Code Ann., Sec. 6-803.1), which Sections all relate to the procedure on review to the Supreme Court and Court of Appeals. (b) Section 6-902, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 734), and an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 279, 280), and an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, pp. 224, 244); Section 6-903, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 761), and an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 279, 280), and an Act approved March 7, 1957 (Ga. L. 1957, p. 224); Section 6-904, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 737); Section 6-905, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 738), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 453); Section 6-906, as amended by an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, pp. 224, 242); Section 7 of an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 735; Code Ann., Section 6-908.1); Section 6-908, Section 6-909, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 739); Section 6-910; Section 6-911, as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 456); Section 6-912, Section 6-913, Section 6-914, Section 6-915, Section 6-916, Section 6-917, all of the Code; and Section 5 of an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, pp. 224, 234; Code Ann., Section 6-919); which code sections and Acts all relate to bills of exception, service, and other procedure to secure review. (c) Section 6-1001, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 739), and an Act approved

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February 15, 1952 (Ga. L. 1952, p. 191), and an Act approved March 17, 1960 (Ga. L. 1960, Vol. I, p. 965), relating to filing of the bill of exceptions and transmission of the record; and Code Sections 6-1002, 6-1003, 6-1004, and 6-1005, relating to supersedeas, and Code Section 6-1008 relating to expediting of criminal cases. (d) Chapter 6-12 of the Code, relating to parties on appeal, as amended by an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, p. 224). (e) Chapter 6-13 of the Code, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 741), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 455), which chapter relates to dismissal of appeals. (f) Chapter 6-14 of the Code relating to amendments on appeals. (g) Chapter 6-1502, Section 6-1503, Section 6-1504, and Section 6-1505 of the Code, which sections all relate to written arguments on appeals. (h) Section 6-1607 of the Code, relating to what questions are decided on appeals, and Code Section 6-1609, relating to venue. (i) Section 70-301 of the Code, as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 445), and an Act approved March 7, 1957 (Ga. L. 1957, pp. 224, 235), relating to the time of application and hearing of motions for new trial. (j) Section 70-302, Section 70-304, Section 70-305, as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446), Section 24-3347, (Code Ann., Sec. 24-3364), as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 744), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446), and an Act approved March 7, 1957 (Ga. L. 1957, Vol.

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I, pp. 224, 241), of the Code, which sections all relate to new trials and the brief of evidence, and Section 1 of an Act approved March 27, 1947 (Ga. L. 1947, p. 298, Code Ann. Supp., Section 70-301.1), relating to the brief of evidence. (k) Section 70-205 of the Code, relating to affidavits filed with motions for new trial based on newly discovered evidence. (l) Code Section 24-3360 (Code Ann., Sec. 24-3389), relating to the certificate of counsel in misdemeanor cases. (m) The Act approved February 10, 1937 (Ga. L. 1937, p. 592), relating to the charge of the court. (n) Section 3 (g) of an Act approved November 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 450; Code Ann. Section 70-312), relating to the brief of evidence. (o) Section 5 of an Act approved March 17, 1957 (Ga. L. 1957, Vol. I, pp. 224, 234; Code Ann. Sec. 70-313, 6-919), relating to joint motions for new trial and other papers. (p) Code Section 70-207, as amended, relating to the charge of the court. (q) Code Section 6-701, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 726, 730), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 455), and an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, pp. 224, 230), and Code Sec. 6-907, as amended, both relating to what decisions are subject to review. (r) Code Section 6-1008, relating to the expedition of jail cases. (s) This Act being intended as a comprehensive revision of appellate and other post trial procedure, the failure to specifically enumerate any statute, code section or Act dealing with a matter covered hereby shall not be construed as continuing such code section, statute or Act in effect, and to this extent the doctrine of expressio unius est exclusio alterius shall not apply.

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(t) Code Section 81-1101, relating to requests to charge. Section 22. Code Section 6-901, as amended by an Act approved March 7, 1957 (Ga. L. 1957, Vol. I, pp. 224, 232), relating to exceptions to matters heard in chambers and cross bills of exception, is hereby amended by striking said section, as amended, and by substituting in lieu thereof the following: Section 6-901 . Either party in any civil cause, and the defendant in any criminal proceeding, in the superior or city courts, may appeal from any sentence, judgment, or decision, or decree of such court, or of the judge thereof in any matter heard at chambers. Hearings at chambers. Section 23. It is the intention of this Act to provide a new procedure for taking cases to the Supreme Court and Court of Appeals, as authorized in the Constitution, Article VI, Sec. II, Paragraph IV (Code Section 2-3704), and to that end, this Act shall be liberally construed so as to bring about a decision on the merits of every case appealed, and to avoid dismissal of any case or refusal to consider any points raised therein, except as may be specifically referred to herein. Intent. Section 24. This Act shall become effective August 1, 1965, and shall apply to all appeals taken on or after said date. Effective date. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1965. FOREIGN TRADE ZONES. No. 21 (House Bill No. 15). An Act to authorize public and private corporations of and in the State of Georgia to make applications for the right to establish, operate and maintain, and to establish, operate and maintain foreign-trade zones in or adjacent to ports of entry in this State; to provide the procedure

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connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any public corporation of the State of Georgia, as that term is hereinafter defined, is hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with an Act of Congress approved June 18, 1934, entitled An Act to provide for the establishment, operation, and maintenance of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes. Public corporation. Section 2. The term public corporation, for the purposes of this Act, means the State of Georgia or any political subdivision thereof or any public agency of this State or of any political subdivision thereof or any public board, bureau, commission or authority created by the General Assembly. Public corporation defined. Section 3. Any private corporation hereafter organized under the laws of this State for the purpose of establishing, operating and maintaining a foreign-trade zone in accordance with the Act of Congress referred to in Section 1 hereof is likewise hereby authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with the said Act of Congress. Private corporations. Section 4. Any public or private corporation authorized by this Act to make application for the privilege of establishing, operating and maintaining such foreign-trade zone, whose application is granted pursuant to the terms of the aforementioned Act of Congress, is hereby authorized to establish such foreign-trade zone and to operate and maintain the same, subject to the conditions and restrictions of said Act of Congress, and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by said Act of Congress to carry out the provisions of said Act. Establishment authorized.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1965. SOUTH GEORGIA JUDICIAL CIRCUITCOMPENSATION OF COURT REPORTER. No. 26 (House Bill No. 50). An Act to amend an Act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 220), so as to provide for a supplement to the compensation of the official court reporter of the South Georgia Judicial Circuit; to provide that the supplement shall be apportioned among the counties comprising said circuit and paid to such official court reporter on a monthly basis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act renaming the Albany Judicial Circuit as the South Georgia Judicial Circuit, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 220), is hereby amended by inserting a new section to be known as section 2A to read as follows: Section 2A. The official court reporter of the South Georgia Judicial Circuit shall receive, in addition to any compensation, allowances, fees, emoluments or perquisites of whatever kind now received by him or her, a supplement in compensation in the amount of $255.00 per month to be apportioned among the various counties comprising said judicial circuit, so that the monthly payment by each county to such official court reporter shall be as follows: Baker County $35.00 per month Calhoun County 40.00 per month Decatur County 65.00 per month Grady County 55.00 per month Mitchell County 60.00 per month

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 24, 1965. COURT COST IN COUNTIES OF NOT LESS THAN 21,200 AND NOT MORE THAN 23,000 POPULATION. Code 24-3413 Enacted. No. 34 (House Bill No. 326). An Act to amend Code chapter 24-34, relating to court costs in civil cases, as amended, so as to provide that no clerk of any court in certain counties shall file any civil action unless an advance court cost shall be deposited with the action; to provide certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 24-34, relating to court costs in civil cases, as amended, is hereby amended by adding at the end thereof a new Code section to be numbered 24-3413 and to read as follows: 24-3413 . Except for the provisions of an Act providing for a pauper's affidavit in lieu of the payment of certain court costs (Ga. L. 1955, p. 584), the clerk of any court of record in any county having a population of not less than 21,200 nor more than 23,000 according to the 1960 U. S. decennial census or any such future census shall not accept for filing any civil case unless there shall be deposited with the petition by the plaintiff an advance court cost deposit which shall be sufficient to cover the clerk's fees for filing, docketing and issuing process for said case, as well as the fee of the officer for serving said petition and process. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1965.

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GENERAL APPROPRIATIONS ACT No. 37 (House Bill No. 25) An Act to make and provide appropriations for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the University System, common schools, counties, municipalities, political subdivisions, and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide for certain affidavits; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are appropriated for the fiscal year beginning July 1, 1965, and ending June 30, 1966, and the fiscal year beginning July 1, 1966, and ending June 30, 1967, as prescribed hereinafter for each of such fiscal years, from the General Funds of the State, including unappropriated surplus as of June 30, 1965. LEGISLATIVE BRANCH Section 1. Legislative Branch. For compensation as fixed by previous laws for mileage at the rate of 10c per mile for four (4) round trips for each regular session and number of round trips for any and all extraordinary sessions of the General Assembly as set by such extraordinary session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and of the House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expenses of members of legislative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the necessary cost of renovating and repairing the housing facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.

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Provided further, that the members of the General Assembly shall be paid the ten dollars per diem and the five dollar allowance heretofore authorized by law and as further authorized by law, act or resolution as cited herein shall be paid an additional maintenance expense allowance of thirty-five dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Government as provided for by Article III, Section VII, Paragraph IX of the Constitution of Georgia. Provided further, the per diem allowance provided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a member of the General Assembly serving as a member of a regular or special committee shall be limited to and shall be paid for each day of service on said committee when the General Assembly is not in session, twenty dollars per diem, expense and mileage while performing such committee duties.

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1965-66 $ 2,300,000.00 1966-67 $ 2,300,000.00 JUDICIAL BRANCH Section 2. Supreme Court. For the cost of operating the Supreme Court of the State of Georgia, including salaries of justices and the employees of the Court, their retirement contributions and one Emeritus position. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. Provided, however, that the sum of $5,000.00 in each fiscal year shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953, Nov.-Dec. Sess., p. 478-479.

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1965-66 $ 436,000.00 1966-67 $ 436,000.00 Section 3. Court Appeals. For the cost of operating the State Court of Appeals including salaries and retirement contributions of judges and employees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appropriation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year. 1965-66 $ 560,168.00 1966-67 $ 567,935.00 Section 4. Superior Courts. For the cost of operating the Superior Courts of the State of Georgia, including such contingent expense allowances authorized by law, the payment of mileage as authorized by law, and such other expenses as may be authorized by law. Provided, however, that the listed appropriation shall be increased by the amount of $10,667.00 per annum for each additional Emeritus position established during the fiscal year.

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1965-66 $ 1,593,333.00 1966-67 $ 1,593,333.00 Provided, that none of the above amount shall be expended for the purpose of paying any contigent expense allowance to Solicitors-General over and above the amount they were receiving on January 1, 1965. Section 5. For the cost of printing and distributing the reports of the Supreme Courts and Court of Appeals. Provided, however, notwithstanding any other provisions of this Act, that any surplus in this appropriation may be transferred by the Budget Bureau to be used in the Book Fund of the State Library. 1965-66 $ 35,000.00 1966-67 $ 35,000.00 Section 6. Judicial Council. 1965-66 $ 0 1966-67 $ 0 EXECUTIVE BRANCH Section 7. Agriculture, Department of. (A) For the operation of all activities of the Department including the operation of Farmers' Markets. 1965-66 $ 5,960,000.00 1966-67 $ 5,838,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

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1965-66 1966-67 Personal Services $3,458,521.00 $3,671,741.00 1965-66 1966-67 Operating Expenses $2,535,329.00 $2,200,109.00 (B) Capital Outlay - Authority Lease Rental to State Farmers' Market Authority for Atlanta Farmers' Market. 1965-66 $ 650,000.00 1966-67 $ 650,000.00 Section 8. Art Commission, Georgia. 1965-66 $ 27,500.00 1966-67 $ 27,500.00 Section 9. Audits, Department of. 1965-66 $ 550,000.00 1966-67 $ 650,000.00 Section 10. Banking, Department of. 1965-66 $ 381,000.00 1966-67 $ 397,000.00 Section 11. Budget Bureau. 1965-66 $ 150,000.00 1966-67 $ 175,000.00 Section 12. Capitol Square Improvement Committee. (A) Operating Costs. 1965-66 $ 150,000.00 1966-67 $ 150,000.00

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(B) For capital outlay - annual cost of acquiring the Judicial, Agricultural, Health and other State Office Buildings and facilities - authority rentals. 1965-66 $ 2,677,752.87 1966-67 $ 2,677,752.87 Section 13. Industry and Trade, Department of. (A) General operating costs, including Area Development Commission. 1965-66 $ 2,100,000.00 1966-67 $ 2,100,000.00 (B) Capital Outlay - Authority Lease Rentals - Annual lease payments to Georgia Ports Authority. 1965-66 $ 1,505,000.00 1966-67 $ 1,505,000.00 Section 14. Commission on Aging. 1965-66 $ 30,000.00 1966-67 $ 30,000.00 Section 15. Comptroller General. For the cost of operating the office of the Comptroller General, Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner, and the Liquefied Petroleum Safety Act. 1965-66 $ 1,068,111.00 1966-67 $ 1,100,000.00 Section 16. Conservation. (A) Department of Forestry 1965-66 $ 3,200,000.00 1966-67 $ 3,264,000.00

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B. Forest Research Council. 1965-66 $ 320,000.00 1966-67 $ 320,000.00 C. Game and Fish Commission 1965-66 $ 1,828,000.00 1966-67 $ 1,900,000.00 D. Department of Mines, Mining and Geology including Oil and Gas Commission. 1965-66 $ 464,500.00 1966-67 $ 337,500.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $338,827.00 $314,937.00 1965-66 1966-67 Operating Expenses $192,198.00 $ 64,088.00 E. Department of Parks. (A) For general operation and development of State Parks. 1965-66 $ 995,000.00 1966-67 $ 1,023,500.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

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1965-66 1966-67 Operating Expenses $425,619.00 $411,244.00 (B) Capital Outlay - Authority Rentals for State Park Bonds. 1965-66 $266,000.00 1966-67 $266,000.00 (C) Capital Outlay - Authority Rentals for payments to Stone Mountain Memorial Commission. 1965-66 $700,000.00 1966-67 $700,000.00 F. Soil and Water Conservation. For the cost of operating the State Soil Conservation Committee. 1965-66 $400,000.00 1966-67 $400,000.00 Section 17. Corrections, State Board of. (A) For the administrative expenses of the State Board of Corrections, including the cost of operation of the State Prison System. 1965-66 $4,750,000.00 1966-67 $4,892,000.00 Provided, that no funds appropriated in this Section or otherwise available, shall be used to pay a salary in excess of the Director's salary, except salaries for physicians. (B) Capital Outlay - Authority Rentals -

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For authority lease contracts to State Penal Rehabilitation Authority. 1965-66 $400,000.00 1966-67 $400,000.00 Section 18. State Board of Education - Department of Education. (A) For matching vocational rehabilitation funds in cooperation with the Federal Government; for operation of vocational trade schools, for operation of public and rural library programs; for operation of School for the Deaf and Academy for the Blind; for grants for aid to the public common schools, under provisions of law; for free textbooks for children attending public common schools; for the salaries of county school superintendents; for the operating costs of the Department; for educational grants, including the grants to teachers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds. 1965-66 $237,902,690.00 1966-67 $256,035,968.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $8,808,933.00 $9,183,335.00 Operating Expenses: Regular-Other than Grants $8,203,547.00 $8,547,164.00 Grants to School Systems - Other than MFPE

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Manpower Training $ 714,500.00 $ 714,500.00 Grants to Exceptional Children $ 0 $ 0 Salaries of Public Librarians $ 995,918.00 $ 1,044,799.00 Equalization Fund $ 0 $ 0 Contingency Fund $ 2,546,325.00 $ 2,794,003.00 Hardship Fund $ 2,651,249.00 $ 1,325,625.00 Grants to School Systems - MFPE Act No. 523 (S.B. 180): Section 36-Alto Teachers $ 123,253.00 $ 131,685.00 Section II-Teachers' Salaries $151,005,614.00 $164,309,325.00 Section 12-Other Certificated Professional Personnel Salaries $ 24,727,635.00 $ 27,570,950.00 Assistance to State Impacted Areas $ 0 $ 0 Mid-term Adjustment $ 2,509,547.00 $ 3,484,755.00 Superintendents' Salaries $ 1,459,519.00 $ 1,542,477.00 Maintenance, Operation and Sick Leave $ 15,574,800.00 $ 15,828,100.00 School Library Non-Consumable Teaching Materials $ 1,169,900.00 $ 1,306,600.00 Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the present biennium, unless such program or project has been specifically authorized by the General Assembly.

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Provided, however, that in those new program areas where federal funds are accepted by the State Board of Education under Code Section 32-413, the Budget Bureau shall reduce the appropriation for any item or part thereof which can be financed with federal funds in lieu of State funds under the terms of the federal act, except for funds necessary to match such federal grants. Nothing in this Section shall be interpreted in such a way as to reduce eligibility of the State for federal funds or to authorize reduction of the State appropriation for programs for which commitments have already been made to local systems. Funds appropriated for Section 12 of MFPE Act No. 523 shall be paid for salaries of certificated professional personnel serving as principals, instructional supervisors, visiting teachers, librarians and guidance counselors. If funds appropriated are inadequate to finance fully Section 12 of MFPE Act No. 523, reductions shall be prorated equitably among those systems receiving increased allotments of certificated professional personnel subsequent to the 1964-65 school year. Contingency and Hardship Funds shall be allocated uniformly among school systems based upon the increased financial cost to them caused (a) by the loss of equalization funds and (b) the change to an equalized adjusted school property Tax digest in determining the system's financial ability to raise school funds.

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(B) Capital Outlay - Authority Lease Rentals. 1965-66 $ 23,700,000.00 1966-67 $ 23,700,000.00 For capital outlay purposes of the State Board of Education, including the payment of obligations heretofore incurred by said Board pursuant to contracts entered into prior to July 1, 1965. In said sum is included $5,331,560.00 now committed as annual rental on contracts securing Series 1953 Bonds of the State School Building Authority now outstanding. In the event the State Board of Education determines it would be advisable for said Series 1953 Bonds to be refunded and additional bonds issued for that purpose and for the purpose of financing new construction, it may do so, and use said sum, in whole or in part, for that purpose; provided, only, that the total annual obligation assumed by the State Board of Education in connection with refunding bonds and bonds to finance additional construction shall not exceed $5,331,560.00. Section 19. State Board of Regents. (A) The general cost of operation of the Board; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock items; for scholarships authorized by law $200,000.00; for the support of research and for the cost of use and/or acquiring additions to plant and equipment for the University System. 1965-66 $ 54,851,500.00 1966-67 $ 63,853,000.00

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Provided, that the above appropriations 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, and provided that from the above appropriations the amount of $9,315,000.00 in 1965-66, and the amount of $9,940,000.00 in 1966-67, is designed and committed to guarantee payment of lease rental contracts as a first charge on such funds. 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 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 further contracts may be entered into not to exceed $500,000.00 per annum. Provided, that of the above amount, not more than $100,000.00 shall be expended in the year 1966-67 for the purpose of repairing and restoring the Executive Mansion at Milledgeville.

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(B) Eugene Talmadge Memorial Hospital - State Board of Regents. 1965-66 $ 4,330,000.00 1966-67 $ 4,735,000.00 (C) Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as authorized by provisions of the Georgia State Constitution. 1965-66 $ 150,000.00 1966-67 $ 150,000.00 Section 20. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Fund, including the cost of administration. 1965-66 $ 20,292,167.00 1966-67 $ 22,461,044.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 State Matching Funds $ 20,028,094.00 $ 22,211,433.00 Provided, that any surplus funds contained in the Teachers' Retirement Fund shall be used for the purpose of implementing the provisions of House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of five ($5.00) dollars for each year of service up to forty years for those members of the Teachers' Retirement System who retired on or before July 1, 1961.

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Section 21. Educational Improvment Council. 1965-66 $ 50,000.00 1966-67 $ 50,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $35,775.00 $37,323.00 Operating Expenses $14,225.00 $12,677.00 Section 22. Higher Education Assistance Corporation. 1965-66 $ 167,750.00 1966-67 $ 325,050.00 Section 23. State Scholarship Commission. 1965-66 $ 247,500.00 1966-67 $ 493,370.00 Section 24. Executive Department. (A) For the cost of operating the Executive Department, including the cost and maintenance expense for the Executive automobile, and telephones at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governor's Conferences, and special committee expenses.

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1965-66 $ 275,000.00 1966-67 $ 275,000.00 (B) For the allowance payable monthly for the cost of operating the Executive Mansion, including servant's hire, food, other supplies, and laundry. 1965-66 $ 25,000.00 1966-67 $ 35,000.00 Section 25. Highway Department. Appropriation of all funds in this Section is to be in conformity with and pursuant to Article VII, Section IX, Paragraph IV, of the State Constitution, and shall be in an amount equal to all money derived from motor fuel taxes received by the State Treasurer in each of the immediately preceding years, less the amount of refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby directed to, as of July 1 of each fiscal year, determine the net collection of motor fuel tax received by the State Treasurer in the immediate preceding fiscal year and enter the full amount so determined on the records of the State as being the appropriation payable in lieu of the amount appropriated herein. (A) General Operations - For general administrative cost of operating the Highway Department, including equipment and compensation claims. 1965-66 $ 5,800,000.00 1966-67 $ 7,200,000.00

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(B) Authority Rentals. For lease rental obligations of the Highway Department to the Georgia State Highway Authority (continuation of the State Bridge Building Authority), the State Office Building Authority, and the Georgia Rural Roads Authority, in accordance with lease rental contracts. Notwithstanding any itemization of purposes for which funds are appropriated to the Highway Department by this Section, the sums necessary to pay these rentals accrued under these contracts, executed or to be executed, as authorized by law, are hereby appropriated as the first charge on all funds appropriated to the Highway Department. 1965-66 $ 18,300,000.00 1966-67 $ 18,300,000.00 (C) Maintenance and Betterments - Planning and Construction. For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and on the basis of average prices as authorized by law.) Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department.

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Maintenance and Betterments - 1965-66 $ 21,416,800.00 1966-67 $ 21,759,544.00 Planning and Construction - 1965-66 $ 47,483,200.00 1966-67 $ 48,240,456.00 Provided, that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Budget Report. (D) Grants to Counties - For grants to counties for aid in county road construction and maintenance. 1965-66 $ 4,817,013.03 1966-67 $ 4,817,013.03 (E) For grants to counties for aid in county road construction and maintenance. 1965-66 $ 4,500,000.00 1966-67 $ 4,500,000.00

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Provided that the appropriations in D above shall be distributed and disbursed by the State Treasurer as provided by law. The sum appropriated under E shall be distributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State, as such mileage information is furnished by the State Highway Department. Provided further, that a member of the governing authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any county to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such county in any future year. (F) Grants to Municipalities - For grants to municipalities in accordance with the law authorizing such grants. 1965-66 $ 6,000,000.00 1966-67 $ 9,317,000.00 Provided further, that a member of the governing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the Director of the Highway Department. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

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Section 26. Georgia Historical Commission 1965-66 $ 346,000.00 1966-67 $ 310,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 Operating Expenses $ 121,844.00 Provided, that of the above amount for 1965-66, the sum of $36,000.00 shall be expended for the Confederate Naval Museum in Columbus, Georgia. Section 27. Jekyll Island Committee. 1965-66 $ 650,000.00 1966-67 $ 650,000.00 With the approval of the Budget Bureau, the Jekyll Island Authority may utilize an amount not to exceed $220,000.00 per annum of the above appropriation to enter into authority rental commitments for reconstruction, protection of beaches, and other capital outlay requirements. Section 28. Labor, Department of. (A) For the cost of operating the commissioner's Office and Factory Inspection Division.

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1965-66 $ 200,000.00 1966-67 $ 210,000.00 (B) For that part of cost of operations and Employment Security Agency as authorized by Act approved March 8, 1945. 1965-66 $ 216,050.00 1966-67 $ 216,050.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Training Allowances $1,310,500.00 $1,310,500.00 Section 29. 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 specific items of legal work in connection with the acquisition of rights-of-way on the State road system.

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1965-66 $ 525,000.00 1966-67 $ 540,000.00 Section 30. Library, State. 1965-66 $ 71,000.00 1966-67 $ 74,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Books for Library $11,000.00 $11,000.00 Operating Expenses $11,049.00 Section 31. Literature Commission, State. 1965-66 $ 20,000.00 1966-67 $ 20,000.00 Section 32. Pardons and Paroles, State Board of. 1965-66 $ 720,000.00 1966-67 $ 735,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows:

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1965-66 1966-67 Personal Services $515,000.00 $525,000.00 Section 33. Pharmacy Board. For cost of operating the office of Chief Drug Inspector. 1965-66 $ 93,000.00 1966-67 $ 93,000.00 Section 34. Probation, State Board of. For the cost of operating the statewide Probation System, administered by the State Board of Probation. 1965-66 $ 788,000.00 1966-67 $ 870,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $560,000.00 $617,600.00 Operating Expenses $228,000.00 $252,400.00 Section 35. Public Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Defense Division, and the Office of Emergency Planning. 1965-66 $ 735,000.00 1966-67 $ 757,000.00 Section 36. Public Health, Department of. (A) For the cost of operating the Department of Public Health, grants to counties for public health programs, services for crippled children, and the mental health program, including the purchase of services of private hospitals.

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1965-66 $ 9,225,000.00 1966-67 $ 9,625,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Operating Expenses $30,954,608.00 $32,524,537.00 (B) Authority Rentals - For annual cost of acquiring Eugene Talmadge Memorial Hospital. 1965-66 $ 840,000.00 1966-67 $ 840,000.00 (C) For cost of operating the Alcoholic Rehabilitation Program. 1965-66 $ 425,000.00 1966-67 $ 425,000.00 (D) Department of Public Health - For the cost of operating the Battey State Hospital, including pre-admission and post-discharge services. 1965-66 $ 3,400,000.00 1966-67 $ 3,400,000.00 (E) Department of Public Health - Georgia Mental Health Institute. For the cost of operating the Mental Health Institute, including pre-admission and post-discharge services. 1965-66 $ 2,250,000.00

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1966-67 $ 2,500,000.00 (F) Department of Public Health - Gracewood State School and Hospital. For the cost of operating the Gracewood State School and Hospital, including pre-admission and post-discharge services. 1965-66 $ 5,000,000.00 1966-67 $ 5,500,000.00 (G) Department of Public Health - Milledgeville State Hospital. For the cost of operating the Milledgeville State Hospital, including pre-admission and post-discharge services. 1965-66 $ 19,000,000.00 1966-67 $ 20,500,000.00 Provided, however, that when patients are transferred from Milledgeville State Hospital to nursing home care, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Department of Family and Children Services which will defray the cost of the State's share of nursing home payments and administrative grants to county departments entailed by said transfer. (H) For aid to local governmental subdivisions in establishing, constructing and equipping hospital facilities to be administered and expended in the same manner as other public health funds and in accordance with the provisions of the Hill-Burton Act of the United States Congress, rules and regulations of the State Board of Health. 1965-66 $ 2,000,000.00 1966-67 $ 2,000,000.00

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(I) Mental Retardation Institute. For the cost of developing, training and employing necessary personnel and for capital outlay, including the purchase of equipment. 1965-66 $85,000.00 1966-67 $400,000.00 (J) Division for Water Quality Control. 1965-66 $75,000.00 1966-67 $100,000.00 (K) Capital Outlay - Authority Lease Rentals - Mental Health Construction. For the cost of paying lease rentals to State Hospital Authority, covering construction of mental health and mental retardation facilities. 1965-66 $2,065,000.00 1966-67 $2,065,000.00 Section 37. Public Safety, Department of. 1965-66 $7,406,584.00 1966-67 $8,142,341.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $4,917,566.00 $5,413,570.00 Operating Expenses $2,432,018.00 $2,696,771.00 Section 38. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.

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1965-66 $500,000.00 1966-67 $510,000.00 Section 39. Public Welfare, Department of Family Children Services - Operations - State. (A) For the cost of operations of the State Welfare Programs. 1965-66 $1,654,000.00 1966-67 $1,966,000.00 (B) Grants for administration and services - counties. For the cost of participating with the Federal Government and counties in the administration of local welfare programs. 1965-66 $3,529,000.00 1966-67 $3,960,000.00 (C) Benefits. For the costs of matching Federal funds for benefits to old age, blind, permanently disabled, and dependent children, and for children and youth care, all as authorized by law. 1965-66 $21,342,000.00 1966-67 $24,013,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $2,167,900.00 $2,444,000.00

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Operating Expenses $120,241,600.00 $132,952,900.00 Provided further, that in the event any funds appropriated in this Section to Subsections (A), (B) and (C), are not needed by the Department of Family and Children Services by virtue of an increase in the applicable Federal matching funds provided by the Federal Government to any such program, then of such funds so freed, a sum up to $1,000,000.00 is hereby appropriated to the implementation of the Medical Assistance For The Aged Program in fiscal year 1965-66, and of such funds so appropriated $38,000.00 is hereby allocated to the purposes specified in Subsection (A) of this Section, $180,000.00 is hereby allocated to the purposes specified in Subsection (B) of this Section, and the balance is hereby allocated to the purposes specified in Subsection (C) of this Section. (D) Institutions. For the cost of operation of the training schools and other institutions under the administration of the Department of Family and Children Services. 1965-66 $3,594,000.00 1966-67 $3,834,000.00 Provided that the allocation to objects in the Budget Report shall be changed to read as follows: 1966-67 Personal Services $2,418,000.00 Operating Expenses $2,256,000.00 Section 40. Purchases, Supervisor of. 1965-66 $295,000.00

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1966-67 $305,000.00 Section 41. Recreation Commission. 1965-66 $60,000.00 1966-67 $60,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $36,000.00 $38,000.00 Operating Expenses $24,000.00 $22,000.00 Section 42. Revenue, Department of. (A) For cost of operating the Department of Revenue. 1965-66 $8,750,000.00 1966-67 $8,950,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $5,523,000.00 $5,703,000.00 (B) Grants to counties - Tax re-evaluation. For grants to counties in accordance with rules and regulations set up by the Commissioner of Revenue for assisting counties in financing tax re-evaluation studies. 1965-66 $100,000.00 1966-67 $100,000.00 (C) Loans to counties - Tax re-evaluation. There is hereby appropriated for each of the next two fiscal years covered by this Act the amount of such repayments of county tax evaluation loans as may be made by such counties during each of the next two fiscal years in such amount and for the same purpose as originally appropriated, but not to exceed $300,000.00 in each of the next two fiscal years. Such amount shall be available for further tax evaluation loans to counties.

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Section 43. Science and Technology Commission. 1965-66 $40,600.00 1966-67 $40,600.00 Section 44. Secretary of State. (A) Combined Divisions. For the cost of operating the office of Secretary of State, and all other programs administered through such office. 1965-66 $553,800.00 1966-67 $569,000.00 Provided, however, that $75,000.00 of such funds for each fiscal year shall be used for implementation of the Georgia Administrative Procedures Act. (B) Examining Boards. 1965-66 $554,000.00 1966-67 $564,000.00 (C) Archives and Records. For the cost of operation of Archives and History, microfilming and housing records, and the State Museum, including lease rental payments to the State Office Building Authority for the State Archives Building in amount of $815,000.00 per annum.

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1965-66 $1,181,000.00 1966-67 $1,192,000.00 (D) Buildings and Grounds. For the cost of operating the State Capitol Building grounds, the maintenance of Confederate cemeteries, the repairs, furnishings, equipment, light, power, water, and upkeep of grounds at the Mansion, and for insurance on public property not otherwise provided for. 1965-66 $435,000.00 1966-67 $450,000.00 (E) Special repairs - Capitol Building, Mansion, and Legislative Chambers, Rooms, Offices and Facilities. 1965-66 $100,000.00 1966-67 $100,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Personal Services $1,142,389.00 $1,248,743.00 Operating Expenses $781,411.00 $726,257.00 Section 45. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor. 1965-66 $400,000.00 1966-67 $400,000.00

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Section 46. Treasury, State. For operation of State Treasury including Bond Commissioner. 1965-66 $ 122,500.00 1966-67 $ 122,500.00 Section 47. Veterans Service. (A) For the cost of operating the Department of Veterans Service. 1965-66 $ 869,000.00 1966-67 $ 900,000.00 (B) For the cost of operating the Veterans Service Board, Veterans Home. 1965-66 $ 346,750.00 1966-67 $ 346,750.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1965-66 1966-67 Payments to Veterans' Home $661,472.00 $660,236.00 (C) For the cost of pensions to Confederate Widows. 1965-66 $ 100,000.00 1966-67 $ 90,000.00 Section 48. Workmen's Compensation, State Board of. For the cost of operating the State Board of Workmen's Compensation. 1965-66 $ 512,676.00 1966-67 $ 526,737.00

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Section 49. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Governor and to be expended by the Governor in his discretion in any emergency that he may determine requires expenditure of any part of the said fund. Expenditures from this fund shall be made in accordance with other provisions of State law and the Constitution. 1965-66 $ 2,000,000.00 1966-67 $ 2,000,000.00 Section 50. In addition to these appropriations there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. No wholesale distributor of gasoline shall be entitled to a refund covering shrinkage in the process of retailing gasoline as authorized by Act of Georgia General Assembly of 1947, (Ga. Laws 1947, p. 1115), by virtue of the said wholesale distributor being engaged in retailing gasoline. Tax refunds. Section 51. In accordance with the requirements of Article VII, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each Department, Agency, or Institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this appropriation act between any Department, Agency or Institution of the State, and any Authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the fiscal year beginning July 1, 1965, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full and if for any reason any of the sums herein provided under any other provision of this Act are insufficient in any year to make the required payments in full, there shall be taken from other funds appropriated to the Department, Agency or Institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Lease contracts.

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The General Assembly declares that the sums hereby appropriated are to pay the general obligations of the State incurred under valid lease contracts and such appropriations are to be paid from the General Funds of the State as a first charge upon general funds. Section 52. All expenditures and appropriations made and authorized under this Act shall be according to Objects as specified in the Governor's recommendation contained in the Budget Reports submitted to the General Assembly at the regular January Session 1965, pages 1 through 123 inclusive, 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. Provided that none of the funds appropriated above may be used to initiate or commence any new program or project that would require operating funds or capital outlay funds beyond the 1965 to 1967 biennium, unless such program or project shall have been approved by the Budget Director, who shall report the same to the next regular session of the General Assembly. Intent.

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Section 53. 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 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 appropriation hereinbefore made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17). Reductions. 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.

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TOTAL APPROPRIATION 1965-66 $586,980,944.90 TOTAL APPROPRIATION 1966-67 $630,958,943.90 Section 54. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1965. AUGUSTA JUDICIAL CIRCUIT CHIEF ASSISTANT SOLICITOR-GENERAL. No. 40 (House Bill No. 87). An Act to amend an Act abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, approved August 18, 1919 (Ga. L. 1919, p. 545), as amended, so as to provide for the position of a chief assistant solicitor general for the Augusta Judicial Circuit; to provide for the appointment of said assistant; to provide for the payment of his salary; to provide for his qualifications; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system for the solicitor general of the Augusta Judicial Circuit and placing him upon an annual salary, approved August 18, 1919 (Ga. L. 1919, p. 545), as amended, is hereby amended by adding between section 5 and 6 a new section to be numbered section 5A and to read as follows: Section 5A. The solicitor general of the Augusta Judicial

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Circuit is authorized to appoint a chief assistant solicitor general who shall serve at the pleasure of said solicitor general. Said assistant shall discharge such duties as shall be assigned to him by the solicitor general in connection with the discharge of the official duties of the solicitor general of the Augusta Judicial Circuit. The chief assistant solicitor general of the Augusta Judicial Circuit shall receive an annual salary of nine thousand ($9,000.00) dollars. Said salary shall be paid in equal monthly installments from funds of the counties comprising the Augusta Judicial Circuit in the following manner: Richmond County $7,000.00 Columbia County 1,000.00 Burke County 1,000.00 Said chief assistant solicitor general must have been a resident of the circuit of his appointment for a period of at least one year prior to his appointment, shall be at least twenty-one years of age at the time of assuming the office, and shall have been engaged in the practice of law for a period of at least two years prior to his appointment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1965. GEORGIA SALE-OF CHECKS ACT. No. 42 (Senate Bill No. 2). An Act to provide for the regulation and licensing of the business of selling or issuing checks, money orders, other payment instruments or similar payment papers by any person other than a bank or agents of a bank; to provide penalties in connection therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Short Title . This Act shall be known and may be cited as the Georgia Sale-of Checks Act. Section 2. Definitions . (a) For purposes of this Act the following words and terms shall have the meaning hereinafter indicated: (1) Bank means banking corporations chartered pursuant to the provisions of Title 13 of the Code of Georgia, Trust Companies organized under Title 109 of the Code of Georgia and National Banking Associations organized under Title 12 of the United States Code. (2) Check means any check, money order or any other instrument for the payment or transmission of money whether or not it is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code (Ga. L. 1962, p. 156 et seq., as amended). (3) Sale and selling consist in the passing of title from the seller or his agent to a holder or remitter for a price. (4) Person means any individual, partnership, association, joint stock association, trust or corporation, however organized, but it does not include any government or department or agency thereof. (5) Superintendent means the Superintendent of Banks of the Department of Banking. (6) Licensee means a person duly licensed by the Superintendent pursuant to this Act. (b) Other statutory definitions applying to this Act are: (1) Delivery as defined in Code Section 109A-1-201 (14). (2) Issue as defined in Code Section 109A-3-102(1) (a).

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(3) Signed as defined in Code Section 109A-1-201(39). Section 3. License Required . No person, other than a bank, or an incorporated telegraph company which receives money at any of its offices or agencies for immediate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this Act. This includes any non-resident who engages in this State in the business of selling or issuing checks through a branch, subsidiary, affiliate or agent in this State. Any person engaged in such business on the effective date of this Act who files a license application hereunder with the Superintendent within thirty days from the effective date of this Act may continue to engage therein without a license until the Superintendent has acted upon such application. Section 4. Qualifications . To qualify for a license hereunder, an applicant shall meet the following requirements: (a) Satisfy the Superintendent that he is financially responsible. (b) Comply with the bonding requirements, furnish the statements and pay the fees hereinafter prescribed. Section 5. Applications . Each application for a license shall be in writing and under oath to the Superintendent in such form as he may prescribe and shall include the following: (a) The full name, residence and business address of: (1) The proprietor, if the applicant is an individual. (2) Every partner, trustee or member, if the applicant is a partnership, trust, or other unincorporated organization, however organized, having less than fifty partners, trustees or members, together with the business name and business address of the organization. (3) If the applicant is a corporation or an unincorporated organization, however organized, having fifty members or

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more, the legal name and principal office address of such corporation or organization, the name, residence and business address of each director, trustee and officer, and if a corporation, the date and place of incorporation. (4) If the applicant has one or more branches, subsidiaries, affiliates, agents or other locations at or through which the applicant proposes to engage in the business of selling or issuing checks within the State of Georgia, the complete name of each and the address of each such location. (b) Such other data, financial statements and pertinent information as the Superintendent may require with respect to the applicant, its directors, trustees, officers, members, branches, subsidiaries, affiliates or agents. (c) An investigation fee of $250. which shall not be refundable but which, if the license is granted, shall satisfy the license fee requirement for the first license year or the remaining part thereof. (d) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this State and approved by the Superintendent. The bond shall be in the principal sum of $100,000. and in an additional principal sum of $5,000. for each location, in excess of one, at or through which the applicant proposes to engage in this State in the business of selling or issuing checks; but in no event shall the bond be required to be in excess of $250,000. The bond shall be in form satisfactory to the Superintendent and shall run to the State of Georgia for the benefit of any creditors or claimants against the licensee or his agents. The condition of the bond shall be that the licensee will pay any and all moneys that may become due and owing any creditor of or claimant against the licensee arising out of the licensee's business of selling or issuing checks in this State, whether through his own acts or the acts of an agent. The aggregate liability of the surety in no event shall exceed the principal sum of the bond. Claimants against the licensee may themselves bring suit directly on the bond.

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Provided, however, that the liability arising hereunder shall be limited with respect to the receipt, handling, transmission and payments of money arising out of the licensee's business of selling or issuing checks in this State. (e) In lieu of such corporate surety bond or bonds, or of any portion of the principal thereof, the applicant may deposit with the Superintendent, or with such banks or trust companies or national banks in this State as such applicant may designate and the Superintendent may approve, bonds, notes, debentures, or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States, or of the State of Georgia, or of a municipality, county, school district, or instrumentality of the State of Georgia or guaranteed by this State, to an aggregate amount, based upon principal amount or market value, whichever is lower, of not less than the amount of the required corporate surety bond or portion thereof. The securities shall be deposited as aforesaid and held to secure the same obligations as would the surety bond, but the depositor shall be entitled to receive all interest thereon, shall have the right, with the approval of the Superintendent, to substitute other securities for those deposited, and shall be required so to do on written order of the Superintendent made for good cause shown. In the event of the failure or insolvency of such licensee, the securities, any proceeds therefrom, and the funds deposited pursuant to this Section, shall be applied to the payment in full of claims arising out of transactions in this State for the sale or issuance of checks. Section 6. Investigation; Granting of Licenses . Upon the filing of an application in due form, accompanied by the documents and fee prescribed in section 5, the Superintendent shall investigate the financial responsibility of the applicant. This shall include the applicant's financial condition, financial and business experience, character and general fitness as they relate to his ability to conduct the business of selling or issuing checks honestly, efficiently and responsibly within the purposes and intent of this Act and otherwise in a manner to command the confidence and trust of the community. If the Superintendent finds that

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the qualifications of section 4 have been met, he shall issue to the applicant a license to engage in the business of selling or issuing checks in this State. A license issued pursuant to this Act shall remain in force and effect through the remainder of the calendar year following its date of issuance unless earlier surrendered, suspended or revoked pursuant to this Act. Sction 7. Renewal of Licenses; Annual License Fee . A license may be renewed for the ensuing twelve-month period upon the filling of an application conforming to the requirements of section 5 with such modifications as the Superintendent may allow. Such renewal application shall be filed on or after June first of the year in which the existing license expires. No investigation fee shall be payable in connection with such renewal application but an annual license fee of $250. shall be paid with each renewal application which shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following January first. If a renewal application is filed with the Superintendent before July first of any year, the license sought to be renewed shall continue in force until the issuance by the Superintendent of the renewal license applied for or until twenty days after the Superintendent shall have refused to issue such renewal license. Section 8. Maintenance of Bond or Securities . (a) A licensee shall give notice to the Superintendent by registered or certified mail of any action which may be brought against him and of any judgment which may be entered against him by any creditor or any claimant, with respect to a check sold or issued in this State, with details sufficient to identify the action or judgment, within thirty days after the commencement of any such action or the entry of any such judgment. The corporate surety shall within ten days after it pays any claim to any creditor or claimant give notice to the Superintendent by registered or certified mail of such payment, with details sufficient to identify the claimant or creditor and the claim or judgment

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so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under section 5 (d), or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. The Superintendent may by reasonable rules and regulations provide for corresponding measures with respect to deposits made in lieu of a bond under section 5(e). (b) A licensee shall give notice to the Superintendent by registered or certifed mail of any increase in the number of locations at which he engages in the business of selling or issuing checks over the number previously reported under section 5(a) (4) in either his original or renewal application immediately, and shall show to the Superintendent that the bond or securities required under sections 5(d) or 5(e) have been increased accordingly. This notice shall be given quarterly within 30 days after the end of each calendar quarter, and, if not given, such new location will not be considered as included under the licensee's license under this Act. At any time the Superintendent is shown that a licensee has decreased the number of locations at or through which he proposes to engage in the business, the Superintendent may decrease the bond or security requirements accordingly. (c) A bond filed with the Superintendent for purposes of compliance with section 4(b) may not be cancelled either by the licensee or the corporate surety except upon notice to the Superintendent by registered or certified mail with return receipt requested, the cancellation to be effective not less than thirty days after receipt by the Superintendent of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. Section 9. Agents and Subagents . A licensee may conduct his business at one or more locations in this State, so long as such locations have been included in the licensee's reports under section 5(a) (4) and section 8(b), through such agents as he may designate. The Superintendent may,

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within ten days after application, for cause, refuse to approve a licensee's designation of an agent or, for cause, suspend a licensee's designation as an agent. In such cases the agent shall have the same procedural rights as are herein provided for the denial, suspension or revocation of a licensee's license. No additional license than that obtained by the licensee shall be required of any agent of a licensee duly reported. An agent of a licensee shall sell or issue checks only at the location designated in the licensee's report to the Superintendent or other locations at which the superintendent has been notified. Section 10. Rules and Regulations . The Superintendent may make reasonable rules and regulations, not inconsistent with law, necessary or appropriate for the enforcement of this Act, and a violation of any such rule or regulation shall be cause for suspension or revocation of a licensee's license, or the designation of an agent of a licensee. Section 11. Suspension and Revocation of Licenses . The Superintendent may suspend or revoke an original or renewal license, or the designation of an agent of a licensee, on any ground on which he might refuse to issue an original license, or for a violation of any provision of this Act or any rule or regulation issued under this Act, or for failure of the licensee to pay a judgment recovered in any court, within this State, by a claimant or creditor in an action arising out of the licensee's business in this State of selling or issuing checks within thirty days after the judgment becomes final. Section 12. Hearings . No application for a license under this Act shall be denied, and no license granted under this Act shall be suspended or revoked, unless the applicant or licensee be given a reasonable opportunity to be heard by the Superintendent. For this purpose the Superintendent shall give the applicant or licensee at least twenty days written notice of the time and place of such hearing by registered or certified mail, addressed to the principal place of business of such applicant or licensee. Any order of the Superintendent denying, suspending or revoking a license shall state the grounds upon which it is based and shall not

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be effective for twenty days after its rendition. A copy thereof shall be forwarded promptly by registered or certified mail, addressed to the principal place of business of such applicant or licensee. Section 13. Judicial Review . A decision of the Superintendent denying a license, original or renewal, shall be subject to judicial review in the same manner as a decision of the Superintendent refusing to issue a permit authorizing the incorporation of a bank. A decision of the Superintendent suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the Superintendent to take possession of the assets and business of a bank. Section 14. Administrative Procedures . The Georgia Administrative Procedure Act (Ga. L. 1964, p. 338 et seq., as amended), shall apply insofar as applicable to the administrative procedures necessary under this Act. Section 15. Assignment of Claims to Superintendent . At the written request of any claimant or creditor of a licensee whose claim is based on a transaction in this State for the sale or issuance of a check subject to regulation under this Act, the Superintendent may, in his discretion, take an assignment of such claim in trust for the benefit of the assigning claimant or creditor and may bring any legal action necessary to collect such claim. Two or more such claims against a licensee may be combined in one such action. Section 16. Civil Liability of Licensee . Every check issued in the conduct of the business regulated by this Act shall be signed by the licensee or his authorized representative, and the licensee shall be liable for the payment thereof to the same extent as a drawer of a negotiable instrument whether or not the check is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code (Ga. L. 1962, p. 156 et seq., as amended). Section 17. Prohibited Transactions . (a) No person shall sell checks as an agent of a principal seller when

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such principal seller is subject to licensing under this Act but has not obtained a license hereunder, and any person who does so shall be deemed to be the principal seller thereof, and not merely an agent, and shall be liable to the holder or remitter as the principal seller. (b) No person, other than a bank, an agent of a bank, a licensee, or an agent of a licensee, shall undertake, in the course of carrying on the business herein regulated, to receive, transmit or handle money on behalf of another to whom he issues a money order or a similar payment paper, and any person who does so shall be liable to the owner of the money order or similar payment paper for the payment thereof to the same extent as a drawer of a negotiable instrument whether or not the money order or similar payment paper is a negotiable instrument under the terms of Article 3 (Commercial Paper) of the Uniform Commercial Code (Ga. L. 1962, p. 156 et seq., as amended). Section 18. Criminal Penalties . (a) Any person, other than a bank, an agent of a bank, or an agent of a licensee, who engages in the business of selling or issuing checks in this State without having first obtained a license under this Act shall be guilty of a misdemeanor, and each day he continues in such business without such license shall constitute a separate offense. (b) Any person who shall sell a check as an agent of a principal seller when such principal seller is required to be licensed under this Act but has not been licensed hereunder shall be guilty of a misdemeanor. (c) Any person, other than a bank, an agent of a bank, a licensee, or an agent of a licensee, who shall undertake, in the course of carrying on the business herein regulated, to receive, transmit or handle money on behalf of another to whom he issues a money order or a similar payment paper shall be guilty of a misdemeanor for each such transaction. (d) Any person who knowingly makes any false statement of a material fact in any application, report or statement involved in the administration or enforcement of this

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Act, or in the course of carrying on the business herein regulated with respect to this compliance with this Act, shall be guilty of a misdemeanor. (e) Any agent of a licensee, or such agent's employee, who is authorized to sell or issue checks on behalf of a licensee, who shall issue checks directly or indirectly to or for his own benefit, or who shall sell or issue checks without accepting funds therefor, or who shall sell or issue checks and fail to remit to the licensee the proceeds from the sale or issuance of such checks, shall be guilty of a felony in addition to other remedies provided by law, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years, but on the recommendation of the jury trying the case, when such recommendation is approved by the judge presiding on the trial, such crime shall be punished as a misdemeanor. If the judge trying the case sees proper, he may, in fixing the punishment, reduce such felony to misdemeanor. Section 19. Severability . 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 20. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1965.

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GEORGIA VETERINARY PRACTICE ACT. Code Chapter 84-15 Amended. No. 43 (Senate Bill No. 6). An Act to amend Code Chapter 84-15, relating to the regulation of the practice of veterinary medicine, as amended, so as to completely and exhaustively revise the laws relating to the practice of veterinary medicine; 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 84-15, relating to the regulation of the practice of veterinary medicine, as amended, is hereby amended by striking said Chapter in its entirety and substituting in lieu thereof a new Chapter 84-15 to read as follows: Chapter 84-15. Veterinarians . Preamble This Chapter is enacted as an exercise of the powers of the state to promote the public health, safety and welfare by safeguarding the people of this state against incompetent, dishonest or unprincipled practitioners of veterinary medicine. 84-1501 . This Chapter may be cited as the Georgia Veterinary Practice Act. Short title. 84-1502 . When used in this Chapter these words and phrases shall have the following meaning: Definitions. 1. `Animal' means any animal other than man, and includes fowl, birds, fish and reptiles, wild or domestic, living or dead. 2. `Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties

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of veterinary medicine. 3. `Practice of veterinary medicine' means: (a) to diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions; including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique for testing for pregnancy, or for correcting sterility, or infertility, or to render advice or recommendations with regard to any of the above. (b) to represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in Subsection (a). (c) to use any title, words, abbreviation or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in Subsection (a), except where such person is a veterinarian. 4. `Veterinarian' means a person who has received a doctor's degree in veterinary medicine from a school of veterinary medicine. 5. `Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. 6. `School of veterinary medicine' means any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association. 7. `Person' means any individual, firm, partnership, association, joint venture, cooperative and corporation, or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as

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the successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person. 8. `Board' means the State Board of Veterinary Medicine. 84-1503 . (a) No person may practice veterinary medicine in this state who is not a licensed veterinarian. Practice of veterinary medicine. (b) This Chapter shall not be construed to prohibit: 1. An employee of the federal, state, or local government performing his official duties. 2. A person who is a regular student in a veterinary school performing duties or actions assigned by his instructors, or working under the direct supervision of a licensed veterinarian. Acts not prohibited. 3. A person advising with respect to or performing acts which the Board by rule has prescribed as accepted livestock management practices. 4. A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state. 5. Any merchant or manufacturer selling at his regular place of business medicines, feed, appliances or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medicines which must be obtained by a prescription from a pharmacist, but shall only include the right to sell those medicines which are classified as proprietary and which are commonly known as over-the-counter medicines. 6. The owner of an animal and the owner's full time regular employee caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing this Chapter. 7. A member of the faculty of a veterinary school performing

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his regular functions, or a person lecturing, or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar. 8. Any person selling or applying any pesticide, insecticide, or herbicide. 9. Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals. 10. Any person performing artifical insemination. 84-1504 . (a) A Board of Veterinary Medicine shall be appointed by the Governor with the approval of the Secretary of State and confirmed by the Senate, which shall consist of five members, each appointed for a term of five years or until his successor is appointed, except that the terms of the first appointees may be for shorter periods to permit a staggering of terms whereby one term expires each year. Those members of the Georgia State Board of Veterinary Examiners serving at the time of the approval of this Chapter shall continue to serve as members of the Board until the expiration of the term for which they were appointed. Thereafter, successors to said Board members shall be appointed in accordance with the provision of this Section. Whenever the occasion arises for an appointment, under this Section, the Georgia State Veterinary Association shall nominate three qualified persons and forward the nomination to the Governor at least 30 days before the expiration of the term for which such appointment is to be made. In the event the Governor shall not desire to appoint one of the persons so nominated, the Georgia State Veterinary Association shall nominate three additional qualified persons and forward the nominations to the Governor. The Governor shall appoint one of the persons so nominated. Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may

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succeed himself. No person may serve on the Board who is, or was during the two years preceding his appointment, a member of the faculty, trustees or advisory board of a veterinary school. No one shall be eligible for appointment to the Board unless he shall have been a duly licensed veterinarian actually engaged in the active practice of veterinary medicine for at least five years prior to his appointment to the Board. Board of Veterinary Medicine, members. Each member of the Board shall be paid $20.00 for each day or substantial portion thereof he is engaged in the work of the Board, in addition to such reimbursement for travel and other expenses as is normally allowed to state employees. Compensation. Any member of the Board may be removed by the Governor after a hearing by the Board determines cause for removal. Meetings. (b) The Board shall meet at least once each year at the time and place fixed by the Board. Other necessary meetings may be called by the president of the Board by giving such notice as shall be established by the Board. Except as may otherwise be provided, a majority of the Board constitutes a quorum. Meetings shall be open and public except that the Board may meet in closed session to prepare, approve, administer, or grade examinations, or to deliberate the qualifications of an applicant for license or the disposition of a proceeding to discipline a licensed veterinarian. (c) At its annual meeting the Board shall organize by electing a president and such other officers as may be required by the Board. Officers of the Board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall serve as chairman of Board meetings. Officers. (d) The Board shall have the power to: 1. Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine

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in the state. Powers. 2. Issue, renew, deny, suspend or revoke licenses to practice veterinary medicine in the state or otherwise discipline licensed veterinarians consistent with the provisions of the Chapter and the rules and regulations adopted thereunder. 3. Establish and publish annually a schedule of fees for licensing and registration of veterinarians. 4. Conduct investigations for the purpose of discovering violations of this Chapter or grounds for disciplining licensed veterinarians. 5. Hold hearings on all matters properly brought before the Board, and in connection thereto to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The Board may designate one or more of its members to serve as its hearing officer. 6. Appoint from its own membership one member to act as a representative of the Board at any meeting within or without the state where such representative is deemed desirable. 7. Bring proceedings in the courts for the enforcement of this Chapter or any regulations made pursuant thereto. 8. Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry into effect the provisions of this Chapter, including the establishment and publication of standards of professional conduct for the practice of veterinary medicine. The powers enumerated above are granted for the purpose of enabling the Board to effectively supervise the practice of veterinary medicine and are to be construed liberally to accomplish this objective. 84-1505 . Any person holding a valid license to practice veterinary medicine in this state on the date this Chapter

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becomes effective shall be recognized as a licensed veterinarian and shall be entitled to retain this status so long as he complies with the provisions of this Chapter, including annual renewal of the license. Veterinarians now licensed. 84-1506 . Any person desiring a license to practice veterinary medicine in this state shall make written application to the Board. The application shall show that the applicant is 21 years of age or more, a citizen of the United States or an applicant for citizenship, a graduate of a veterinary school, a person of good moral character, and such other information and proof as the Board may require by rule. The application shall be accompanied by a fee in the amount established and published by the Board. Applications. If the Board determines that the applicant possesses the proper qualifications, it shall admit the applicant to the next examination. If an applicant is found not qualified to take the examination, the Board shall immediately notify the applicant in writing of such finding and the grounds therefor. An applicant found unqualified may require a hearing on the question of his qualification under the procedure set forth in section 84-1510. Any applicant who is found not qualified shall be allowed the return of his application fee. 84-1507 . The Board shall hold at least one examination during each year and may hold such additional examinations as are necessary. The Joint-Secretary, State Examining Boards shall give public notice of the time and place for each examination at least 120 days in advance of the date set for the examination. Annual examinations. The preparation, administration and grading of examinations shall be governed by rules prescribed by the Board. Examinations shall be designed to test the examinee's knowledge of and proficiency in the subjects and techniques commonly taught in veterinary schools. To pass the examination, the examinee must demonstrate scientific and practical knowledge sufficient to prove himself a competent person to practice veterinary medicine in the judgment of the Board. All examinees shall be tested by a written examination,

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supplemented by such oral interviews and practical demonstrations as the Board may deem necessary. The Board may adopt and use the examination prepared by the National Board of Veterinary Examiners. After each examination the Joint-Secretary shall notify each examinee of the result of his examination, and the Board shall issue licenses to the persons successfully completing the examination. The Joint-Secretary shall record the new licenses and issue a certificate of registration to the new licensees. Any person failing an examination shall be admitted to any subsequent examination on payment of the application fee. 84-1508 . All licenses shall expire annually on December 31 of each year but may be renewed by registration with the Board and payment of the registration renewal fee established and published by the Board. On December 1 of each year the Joint-Secretary shall mail a notice to each licensed veterinarian that his license will expire on December 31 and provide him with a form for reregistration. The Joint-Secretary shall issue a new certificate of registration to all persons registering under this Chapter. Licenses. Any person who shall practice veterinary medicine after the expiration of his license and willfully or by neglect fail to renew such license shall be practicing in violation of this Chapter. Provided, that any person may renew an expired license within five years of the date of its expiration by making written application for renewal and paying the current renewal fee plus all delinquent renewal fees. After five years have elapsed since the date of the expiration, a license may not be renewed, but the holder must make application for a new license and take the license examination. The Board may by rule waive the payment of the registration renewal fee of a licensed veterinarian during the period when he is on active duty with any branch of the armed forces of the United States, not to exceed the longer of three years or the duration of a national emergency.

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84-1509 . Upon written complaint sworn to by any person, the Board may, after a fair hearing and by a concurrence of four members, revoke or suspend for a certain time the license of, or otherwise discipline, any licensed veterinarian for any of the following reasons: Complaints, etc. 1. The employment of fraud, misrepresentation or deception in obtaining a license. 2. An adjudication of insanity. 3. Chronic inebriety or habitual use of drugs. 4. The use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional under regulations adopted by the Board. 5. Conviction or cash compromise of a felony or other public offense involving moral turpitude. 6. Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine. 7. Having professional association with or employing any person practicing veterinary medicine unlawfully. 8. Fraud or dishonesty in the application or reporting of any test for disease in animals. 9. Failure to keep veterinary premises and equipment in a clean and sanitary condition. 10. Failure to report, as required by law, or making false report of, any contagious or infectious disease. 11. Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates. 12. Cruelty to animals. 13. Revocation of a license to practice veterinary medicine

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by another state, territory or district of the United States on grounds other than non-payment of registration fee. 14. Unprofessional conduct as defined in regulation adopted by the Board. 84-1510 . All hearings required to be conducted by the Board shall be conducted in accordance with the provisions of the Georgia Administrative Procedure Act, approved March 30, 1964 (Ga. L. 1964, p. 338) as it may be amended from time to time, and all rules and regulations of the Board shall be adopted and promulgated in accordance with the provisions of said act. Hearings. 84-1511 . Any person whose license is suspended or revoked may, at the discretion of the Board, be relicensed or reinstated at any time without an examination, by majority vote of the Board on written application made to the Board showing cause justifying relicensing or reinstatement. Reinstatement. 84-1512 . (a) Any person who shall practice veterinary medicine without a currently valid license shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50 nor more than $500, or imprisoned for no more than 90 days, or both fined and imprisoned; provided that each act of such unlawful practice shall constitute a distinct and separate offense. Crimes, etc. (b) No person who shall practice veterinary medicine without a currently valid license may receive any compensation for services so rendered. (c) The Board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a currently valid license. If the court finds that the person is violating, or is threatening to violate, this Chapter, it shall enter an injunction restraining him from such unlawful acts. (d) The successful maintenance of an action based on any one of the remedies set forth in this Section shall in

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no way prejudice the prosecution of an action based on any other of the remedies. Section 2. The provisions of this Act shall become effective on July 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1965. JUDGE OF SUPERIOR COURT EMERITUS ACT AMENDED. No. 44 (House Bill No. 144). An Act to amend an act creating the office of Judge of the Superior Court Emeritus approved March 9, 1945 (Ga. L. 1945, p. 362), as subsequently amended, so as to provide for the appointment as Judge Emeritus of certain former judges who are totally disabled; to exclude such totally disabled judges from the provisions of an act approved March 5, 1962 (Ga. L. 1962, p. 547); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of an act approved March 9, 1945, creating the office of Judge of the Superior Court Emeritus (Ga. L. 1945, p. 362), as subsequently amended (Ga. L. 1946, p. 228, Ga. L. 1950, p. 283, Ga. L. 1950, p. 341, Ga. L. 1952, p. 293, Ga. L. 1953, Nov. Sess., p. 108, Ga. L. 1955, p. 152, Ga. L. 1956, p. 380, Ga. L. 1957, p. 82, Ga. L. 1957, p. 486, Ga. L. 1960, p. 161, Ga. L. 1961, p. 64, and Ga. L. 1961, p. 429), is hereby further amended by adding to section 2 an additional paragraph, to read: Any former judge of the superior court who has become totally disabled, who has attained the age of seventy-two (72) years while serving as such judge, who served at least

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two (2) consecutive terms as judge of the superior court, who made the required contributions into the Superior Court Judges' Retirement Fund for all service to which he is entitled, and who has not withdrawn any of such contributions from said retirement fund, shall be eligible for appointment by the Governor to the office of Judge of the Superior Court Emeritus; provided, any such former judge shall be required to make application for appointment within thirty (30) days after approval of this amendment, and shall be required to furnish satisfactory evidence of his disability to the Board of Trustees, a majority of whom shall make a recommendation of appointment; and, upon appointment, such totally disabled former judge shall receive only the equivalent of one-half () the salary then being paid to the judge of the superior court of the circuit in which such former judge served. Any such judge who is totally disabled and appointed Judge Emeritus under the provisions of this paragraph shall be excluded from so much of Section 5 of this act as was added by amendments approved February 21, 1951 (Ga. L. 1951, p. 493), and March 25, 1958 (Ga. L. 1958, p. 318), providing that the Governor may call upon Judges Emeritus to serve as judges of the superior court when the regular judge is unable to serve; nor shall any judge appointed Judge Emeritus pursuant to the provisions of this paragraph be subject to the provisions of an act approved March 5, 1962 (Ga. L. 1962, p. 547) providing that any judge of the superior court of the State of Georgia may request any Judge Emeritus of the superior court of his judicial circuit or an adjoining circuit to serve and preside in a superior court of the judicial circuit of the judge making the request. No judge appointed Judge Emeritus pursuant to the provisions of this paragraph shall again be eligible for service as judge of the superior court. for Appointment, Qualifications Section 2. It is the intention of this act that no judge appointed Judge Emeritus pursuant to the provisions of this act shall ever again serve as judge of the superior court; nor shall he receive any compensation under any State law other than under this act. Intent. Section 3. In the event any sentence, clause or phrase of this act shall be declared or adjudged invalid or unconstitutional,

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such adjudication shall in no manner affect the remaining sentences, clauses or phrases of this act. Severability. Section 4. All laws and parts of laws in conflict with this act are hereby repealed. Approved March 2, 1965. EASEMENT OVER PROPERTY LOCATED IN CITY OF COLUMBUS. No. 3 (Senate Resolution No. 33). A Resolution. Authorizing the State of Georgia to convey an easement held by the State over certain properties located in the City of Columbus, County of Muscogee; and for other purposes. Whereas, the State of Georgia, by virtue of a deed recorded in deed book 772 at page 176 of the records of the clerk of the superior court of Muscogee County, acquired a 12 foot wide easement, extending from 3rd Avenue in the City of Columbus to a tract of land upon which is presently located the Georgia State Employment Security Office, the title to said tract also having been acquired in said deed; and Whereas, the present owners of the fee title to the tract of land over which the easement held by the State extends wish to cancel said easement and in exchange therefor to grant a similar easement, but so located upon said tract as will enable said owners to better utilize the tract of land over which the State of Georgia's easement extends, said relocation to be upon the northern most boundary of said tract; and Whereas, if said easement is cancelled in exchange for said relocated easement, there will be no interference with

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or impairment of the utilization of the present state-owned property which said easement serves; and Whereas, that tract over which the State presently holds said easement is described as follows: All that tract or parcel of land lying and being in the City of Columbus, Muscogee County, Georgia, and more particularly described as follows: Beginning at an iron in the west line of Third Avenue 229.72 feet south of and measured along said line of Third Avenue from an iron at the point of intersection of said line of Third Avenue with the south line of Fourteenth Street; thence extending south 03 degrees 05 minutes east along said line of Third Avenue, a distance of 12 feet to a drill hole in coping; thence extending south 87 degrees 02 minutes west, a distance of 103 feet to an iron in the east line of the property hereinabove described; thence extending north 03 degrees 05 minutes west, a distance of 12 feet to an iron; thence extending north 87 degrees 02 minutes east, a distance of 103 feet to the point of beginning. 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 all that interest held by the State of Georgia in the hereinbefore described tract; conditioned, however, upon a similar easement being granted to the State of Georgia as hereinbefore set forth. The consideration for the conveyance of the easement held by the State of Georgia shall be the granting of a new easement to the State of Georgia. Approved March 2, 1965. MARKERS TO FACILITATE AIR NAVIGATION. No. 46 (House Bill No. 377). An Act authorizing the Department of Industry and Trade

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to establish air markers throughout the State; authorizing said department to obtain roof releases from the owners of buildings on which air markers are to be painted or otherwise to obtain such owner's permission to use such roofs, and authorizing the payment of reasonable sums therefor, if necessary, for roof rental; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Department of Industry and Trade is hereby authorized to establish air markers at appropriate locations throughout the State to facilitate air navigation within the State. Said markers shall consist of painting on appropriately located roofs of buildings the names of towns or cities within which such buildings are located, such names to be painted in sufficient size to be legible under good visibility conditions from a height of at least three thousand (3,000) feet. Authorized. Section 2. The department is hereby authorized to obtain roof releases from the owners of buildings upon which air markers are to be painted, or otherwise to obtain permission from such owners to use such roofs for such purposes, and to pay the owners reasonable and nominal rentals threfor, if such payment is necessary in order to obtain the appropriate permission for the use of such roofs for such purposes. Roof releases, rental. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1965. EMPLOYEES RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. No. 48 (House Bill No. 43). An Act to amend an Act establishing an employees retirement system known as the Employees Retirement System

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of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, so as to provide the procedure whereby certain members of the Employees Retirement System of Georgia may reestablish credits for prior service; to provide creditable service for certain members; to authorize the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representatives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, to become members of the Employees Retirement System of Georgia; to provide for contributions; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an employees retirement system known as the Employees Retirement System of Georgia, 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 (16) to read as follows: (16) Any current member who, having been previously a member with creditable service, and whose membership has heretofore been terminated on account or less than one year of service in a period of five consecutive years as herein provided for, and who has never withdrawn his contributions made during such prior creditable service, may, after five (5) years active service as a contributing member, re-establish such creditable service as he would have been eligible for had his membership not been so terminated, upon his payment into the System a sum equal to four and one-fourth (4-1/4%) percent interest on the total amount of his contributions during such prior creditable service from the date of the termination of his membership to the date of payment, and such sum shall be placed in the Pension Accumulation Fund. Re-establishment of prior credit.

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Section 2. Said Act is further amended by adding a new subsection to section 4 to be known as subsection (17) to read as follows: (17) The head or member of any State department, commission or agency, who is an elective official elected in a general election by the electors of the State at large, the President of the Senate, the Speaker of the House of Representatives, the Administrative Head of the State Budget Bureau, the members of the State Board of Pardons and Paroles and the Director of the State Department of Veterans Service, who were in office and who are members of the System on February 1, 1965, shall be eligible for and shall receive prior service credits as now provided by law and creditable service year for year for service as a member of the General Assembly of Georgia or as an employee of the executive branch of State Government after January 1, 1953, upon compliance with the provisions of this subsection. Employer and employee contributions for such official for the period from January 1, 1953, to January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contributions during such period had such official been receiving monthly compensation equal to the official's reported monthly earnable compensation for February 1965. Before being entitled to the prior service credits and creditable service provided herein such official shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such official had he been contributing on compensation for such service from January 1, 1953, as reflected from records in the State audits, less mileage allowance and actual travel expenses. All remaining contributions as herein determined which would have been reported for such official for such service as a member of the General Assembly or as an employee of the executive branch of State government since January 1, 1953, shall be paid by the department, commission or agency in which he is serving on February 1, 1965, from funds appropriated for the operations of such department, commission or agency. Such contributions shall be paid into the Pension

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Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees. Prior service credit for service in General Assembly. Section 3. Said Act is further amended by adding a new paragraph at the end of subsection (7) of section 3 to read as follows: Notwithstanding any other provisions of this Act or of any law, the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representatives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, are hereby authorized to become members of the Employees Retirement System of Georgia established by this Act. (a) In the event such Secretary or Clerk was a member of the System on January 11, 1965, beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. All rights, credits, and funds of said System which are or were possessed by such Secretary or Clerk are hereby continued and it is the expressed intention of the General Assembly that any such Secretary or Clerk shall not lose any rights, credits or funds to which they were entitled prior to being elected and while serving as such Secretary or Clerk. Such Secretary or Clerk shall continue to be a member of the System subject to the provisions of this paragraph. Secretary of Senate and Clerk of House of Representatives. (b) In the event such Secretary or Clerk elected on

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January 11, 1965, was not a member of the System on said date, such Secretary or Clerk shall become a member of the System by filing an application with the Executive Secretary thereof on or before April 1, 1965. The Secretary or Clerk elected on January 11, 1965, upon becoming a member of the System as herein provided, if not already a member, shall be entitled to and shall receive prior service credits and creditable service as if such Secretary or Clerk was a member of the System on January 1, 1950, upon compliance with the provisions of this paragraph. Employer and employee contributions for the Secretary or Clerk elected on January 11, 1965, for the period from January 1, 1950 to January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contributions during such period had such Secretary or Clerk been receiving monthly compensation equal to one-twelfth of the total sums such Secretary or Clerk received from State funds less mileage allowances and actual travel expenses during the calendar year 1964 as reflected by State audits. Before being entitled to the prior service credits and creditable service provided herein, such Secretary or Clerk shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such Secretary or Clerk had he been a member of the System receiving monthly compensation from January 1, 1950 through December 31, 1964, as reflected from records of any city court and from State funds as reflected in the State audits less mileage allowance and actual travel expenses. The State Treasurer is hereby authorized and directed to pay all remaining contributions as herein determined which would have been reported for such Secretary or Clerk had he become a member on January 1, 1950, to December 31, 1964, from funds appropriated to or otherwise available to the legislative branch of government into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees. Eligibility for and the amount of Survivors' Benefits (Group Term Life Insurance) for such Secretary or Clerk who was not a member on January 11, 1965, shall be based upon the attained age of such person as of the

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effective date of his membership with the System. Beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. (c) All Secretaries of the Senate and all Clerks of the House of Representatives elected subsequent to January 11, 1965, shall become a member of the System upon taking office. The employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. (d) The State Treasurer is hereby authorized and directed to pay all employer contributions from funds appropriated to or otherwise made available to the legislative branch of government. Section 4. Said Act is further amended by adding a new subsection to section 4 to be known as subsection (18) to read as follows: (18) The provisions of this Act or any other law to the contrary notwithstanding, the Assistant Secretary of the Senate as an employee or an official of the legislative branch of government and who was a member of the Retirement

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System on January 1, 1965, and was eligible for creditable service of 15 years or more shall be eligible for and shall receive creditable service year for year while employed or appointed as an attache, employee or official of the legislative branch of government after January 1, 1946, as reflected by the records of the State Treasury. Provided, however, that creditable service now available to such individual during such time will be deducted from the creditable service herein authorized. Each additional month which may be credited as service by such individual shall, as a condition therefor, require payment of employer and employee contributions based upon the member's reported monthly earnable compensation for December, 1964. The State Treasurer shall, upon receipt of notification by the Retirement System, pay the required employer contributions from funds appropriated or otherwise available to the legislative branch of government. Assistant Secretary of Senate. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1965. TEACHERS RETIREMENT SYSTEM OF GEORGIA ACT AMENDEDBOARD OF TRUSTEES. No. 50 (Senate Bill No. 22). An Act to amend an Act entitled An Act to establish a a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide for two additional members on the Board of Trustees of the Teachers Retirement

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System of Georgia; to provide for the designation, appointment and terms of office of such members; to provide that the successor to the member of the Board of Trustees of the Teachers Retirement System of Georgia, who is an employee of the Board of Regents of the University System of Georgia, shall be appointed by the Board of Regents; to provide the procedures connected therewith; 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 retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from the first sentence of subsection (2) of section 6 between the word of and the word trustees the word seven and inserting in lieu thereof the word nine; by adding at the end of paragraph (c) of subsection (2) the following: , and the executive Secretary of the Georgia Teachers and Education Association, ex-officio; by striking from paragraph (d) the following: ; one member, an employee of the Board of Regents of the University System of Georgia; and by striking two of the three and inserting in lieu thereof the two and by striking: , and the third member shall be first appointed by the Board of Regents to serve for a term from the date of appointment to June 30, 1945;

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by striking from Paragraph (3) between the word The and the word trustee the word seventh and inserting in lieu thereof the word ninth and by striking between the word remaining and the word trustees the word six and inserting in lieu thereof the word eight and by renumbering paragraph (e) to paragraph (g); by inserting a new paragraph to be known as paragraph (e) to read as follows: (e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.; and by inserting a new paragraph to be known as paragraph (f) to read as follows: (f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years., so that when so amended subsection (2) of section 6 shall read as follows: (2) The Board of Trustees shall consist of nine trustees as follows: (a) The State Auditor, ex-officio. (b) The State Insurance Commissioner, ex-officio. (c) The Secretary of the Georgia Education Association, ex-officio, and the Executive Secretary of the Georgia Teachers and Education Association, ex-officio. Board of Trustees. (d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three

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years each by the Assembly of the Georgia Education Association in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two members herein referred to shall first be appointed by the State Board of Education, one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946. (e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents. (f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years. (g) The ninth trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining eight trustees for a term of four years, the first such term to expire June 30, 1947. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1965. PORTRAIT OF MARY GIVENS BRYAN. No. 4 (House Resolution No. 101-133). A Resolution. Authorizing the painting of a portrait of Mary Givens Bryan, former Archivist of the State of Georgia; and for

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other purposes. Whereas, our Heavenly Father in his Divine Wisdom has seen fit to call from her earthly home Mary Givens Bryan, Archivist, State of Georgia; and Whereas, it is one of the duties of the Hall of Fame Committee of Georgia to bring to the attention of the General Assembly of Georgia the names of illustrious Georgians to be properly memorialized by the State; and Whereas, Mary Givens Bryan is now one of Georgia's illustrious dead, having served her State in the Department of Archives and History for 30 years and she was nationally known as one of the nation's most efficient and capable archivists, serving as president of the Society of American Archivists, thus bringing honor and fame to her native State; and Whereas, the Hall of Fame Committee of Georgia recommends to the General Assembly of Georgia that her memory be suitably honored by some tangible evidence of her great work and devotion to her State; and Whereas, the members of the patriotic societies who have walked and talked with her and been assisted by her in their noble efforts of holding high the precious heritage and glory of our great nation wish to endorse and sponsor this recommendation of the Hall of Fame Committee; and Whereas, the Hall of Fame Committee sponsored by the twelve patriotic women's societies of Georgia as follows: Georgia Society, Daughters of the American Revolution Georgia Division, United Daughters of the Confederacy Georgia Society, Colonial Dames of the XVII Century

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Georgia Society, Dames of the Court of Honor Georgia Society, Daughters of the American Colonists Georgia Dames, Magna Charta Georgia Chapter, Daughters of Founders and Patriots of America Georgia Daughters of Colonial Wars Atlanta Ladies Memorial Association Georgia Branch, Sons and Daughters of the Pilgrims Georgia Branch of the Huguenot Society of the Founders of Manakin in the Colony of Virginia Georgia Society, United States Daughters of 1812 requests the General Assembly of Georgia to authorize the painting of a portrait of Mary Givens Bryan and the placing of such portrait in the new Georgia Archives Building. Now, therefore, be it resolved by the General Assembly of Georgia that authority is hereby granted for the painting of a portrait of Mary Givens Bryan and the placing thereof in a suitable location in the new Georgia Archives Building which location shall be selected by the Hall of Fame Committee and the Archivist of Georgia. The Hall of Fame Committee shall select the artist to paint the portrait. The expenditure of funds necessary to carry out the purposes of this Resolution including the cost of said portrait and the programs, invitations, transportation, and any other expenses involved in ceremonies relative to the placing of said portrait in the new Georgia Archives Building, shall not exceed $1200.00 and shall be disbursed by the State Treasurer, on proper showing of such expenses, from any funds made available therefor. Approved March 3, 1965.

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REPEAL OF RESOLUTION AUTHORIZING CONVEYANCE OF LAND IN CHEROKEE COUNTY. No. 5 (House Resolution No. 48-87). A Resolution. To repeal a resolution authorizing the conveyance of certain state-owned properties in Cherokee County; and for other purposes. Be it resolved by the General Assembly of Georgia that a resolution authorizing the conveyance of certain state-owned properties in Cherokee County, approved April 2, 1963 (Ga. L. 1963, p. 318), is hereby repealed in its entirety. Approved March 4, 1965. OPEN MEETINGS BY PUBLIC BOARDS, ETC. No. 55 (House Bill No. 287). An Act to require all meetings of the governing bodies of municipalities, counties, boards of public instruction, and all other boards, bureaus, authorities or commissions, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; to provide for a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All meetings of the governing bodies of all municipalities and counties in this State, boards of public instruction, and all other boards, bureaus, authorities or commissions in the State of Georgia, excepting grand juries, supported wholly or in part by public funds or expending public funds shall be public meetings. Provided, however, that before or after said public meetings said governing

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bodies, boards, bureaus, authorities or commissions may hold executive sessions privately but the ayes and nays of any balloting shall be recorded at the conclusion of said executive sessions. Opening meetings. Section 2. Any person or persons willfully violating any of the provisions of this Act shall be guilty of a midemeanor 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 5, 1965. ELECTIONSVOTING ABSENTEE BALLOTS. Code 34-1406 Amended. No. 60 (Senate Bill No. 13). An Act to amend section 34-1406 of the Georgia Election Code, relating to the procedure for voting absentee ballots in primaries and elections, so as to provide that an elector possessing an absentee ballot for the purpose of voting, may appear before a postmaster of the United States or his assistant while within the confines of a post office; to provide that an elector possessing an absentee ballot, who is the spouse or dependent of a member in the active armed service of the United States, for the purpose of voting, may appear before any commissioned officer of such service; to provide that an elector possessing an absentee ballot for the purpose of voting, may appear before the registrar or any authorized deputy registrar of any college or university; to repeal conflicting laws; and for other purposes.

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Section 1. Subsection (a) of section 34-1406 of the Georgia Election Code (Ga. L. 1964, Ex. Sess., p. 26, et. seq.) relating to the procedure for voting absentee ballots in primaries and elections, is hereby amended by striking the first sentence of such subsection (a) in its entirety and inserting in lieu thereof a new sentence to read as follows: At any time after receiving an official absentee ballot, but before the day of the primary or election, the elector, for the purpose of voting, may appear before: (i) a postmaster of the United States or his assistant while within the confines of a post office; (ii) any commissioned officer of the active armed service of the United States if the elector is a member of such service or if the elector is the spouse or dependent of a member of such service; (iii) any consul of the United States or his assistant; (iv) a registrar or deputy registrar of the county of the elector's residence; or (v) the registrar or any authorized deputy registrar of any college or university. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1965. COMPENSATION OF CORONERS IN CERTAIN COUNTIES. Code 21-105 Amended. No. 63 (House Bill No. 41). An Act to amend Code section 21-105 of the Code of Georgia of 1933, as amended, relating to fees paid coroners, as amended, so as to change the compensation of coroners in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Section 21-105 of the Code of Georgia of 1933, as amended, is hereby amended by adding at the end of said section the following: The coroners in all counties of this State having a population of not less than 10,150 persons and not more than 10,275 persons, according to the United States Census of 1960, or any future census, are hereby placed on a salary basis and shall be compensated as such official, in the amount of fifty dollars ($50.00) per month. 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 coroners of such counties. All such fees, costs, allowances, monies, and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties, at least once a month. Where applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965. CONCENTRATED COMMERCIAL FEEDING STUFFSINSPECTION FEES. Code 42-205 Amended. No. 74 (House Bill No. 73). An Act to amend Code section 42-205, relating to the imposition of an inspection fee, tax stamp denominations and exemptions for inspection fees for certain classes of commercial feeding stuffs, as amended, particularly by an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 418), and an Act approved March 27, 1956 (Ga. L. 1956, p. 293), so as to change the amount of the fee due under the inspection fee; to remove all references to tax stamps; to remove certain provisos relating to exemptions

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from inspection fees; to insert additional exemptions to certain classes of commercial feeding stuffs; to provide a method of waiver in regard to the inspection and inspection fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 42-205, relating to the imposition of an inspection fee, tax stamp denominations and exemptions for inspection fees for certain classes of commercial feeding stuffs, as amended, particularly by an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 418), and an Act approved March 27, 1956 (Ga. L. 1956, p. 293), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 42-205 to read as follows: 42-205 . Each manufacturer, manipulator, importer, jobber, agent or seller of any concentrated feeding stuff shall pay to the Commissioner or Agriculture an inspection fee of 20 cents per ton of such concentrated feeding stuffs sold or offered or exposed for sale. The inspection fee on cottonseed meal shall be 10 cents per ton. The inspection fee shall not apply to cottonseed hulls, hays and straws, whole seeds and grains and seeds not mixed with other substances, but sold separately as distinct articles of commerce. Should any such material otherwise exempt be mixed or adulterated with any substance for the purpose of sale, the package in which it is contained, or in which it is offered for sale, shall have plainly marked or indicated thereon the true composition of the mixture or the character of the adulteration. Whenever the manufacturer, importer, or jobber of a concentrated feeding stuff shall have filed the statement named in section 42-202, and paid the inspection fee, no agent or seller for said manufacturer, importer, or jobber shall be required to file such statement or pay such fee. If a fee has previously been imposed on a concentrated commercial feeding stuff used as a supplement or base, then the amount paid shall be deducted from the gross amount of the fee due on the total feeding stuff produced; provided, however, that the provisions of this chapter shall not apply to any feeding

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stuffs that have been manufactured or produced by any person, partnership, firm or corporation for the purpose of feeding his, their, or its own domestic animals, livestock or poultry. Provided, further, that there shall be no inspection whenever a purchaser of commercial feeding stuffs desires to waive the inspection of feed in regard to a particular manufacturer, seller or producer of commercial feed and the manufacturer, seller, or producer agrees to have the inspection waived. This waiver shall be in writing signed by both parties and filed with the Department of Agriculture. Any time after the waiver is on file, either party to said waiver may direct that the Department of Agriculture shall withdraw this waiver. The directive for withdrawal of the waiver shall also be in writing. Until such a directive is filed with the Department of Agriculture the waiver shall be in full force, no inspection shall occur, and no inspection fee imposed. Provided, however, that no valid waiver may be executed unless the owner of the domestic animals, livestock or poultry owns an interest in the feed manufacturing concern or the said manufacturing concern owns an interest in the domestic animals, livestock or poultry. An owner shall be defined herein as a corporation or the stockholders thereof, a partnership or an individual. Section 2. The Commissioner of Agriculture shall have the authority to promulgate any rules and regulations that he deems necessary in order to execute the provisions of this Act. Rules. Section 3. This Act shall become effective on April 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965.

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COUNTY BOARDS OF EDUCATIONQUALIFICATIONS OF MEMBERS. Code 32-903 Amended. No. 75 (House Bill No. 360). An Act to amend Code section 32-903, relating to the qualifications of the members of county boards of education, so as to provide that a county, by local law, may provide that two or more members of the board of education may be selected from the same militia district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-903, relating to the qualifications of the members of county boards of education, is hereby amended by adding at the end thereof the following: Notwithstanding the foregoing provisions to the contrary, a county may provide by local law that two or more members of the board of education may be selected from the same militia district., so that when so amended Code section 32-903 shall read as follows: 32-903. Qualifications of members .The grand jury in selecting the members of the county board of education shall not select one of their own number then in session, nor shall they select any two of those selected from the same militia district or locality, nor shall they select any person who resides within the limits of a local school system operated independent of the county board of education, but shall apportion members of the board as far as practicable over the county; they shall elect men of good moral character, who shall have at least a fair knowledge of the elementary branches of an English education and be favorable to the common school system. Whenever a member of the board of education moves his residence into a militia district

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where another member of the board resides, or into a district or municipality that has an independent local school system, the member changing his residence shall immediately cease to be on the board and the vacancy shall be filled as required by law. Notwithstanding the foregoing provisions to the contrary, a county may provide by local law that two or more members of the board of education may be selected from the same militia district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965. DEPARTMENT OF PUBLIC SAFETYCOMPENSATION, ETC. OF UNIFORM DIVISION. No. 76 (House Bill No. 399). 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 March 25, 1958 (Ga. L. 1958, p. 296), and an Act approved February 17, 1960 (Ga. L. 1960, p. 132), so as to remove the limitation on the number of officers and men in the battalion; to change the compensation of certain members of the Uniform Division of the Department of Public Safety, radio operators, license examiners and members of the Georgia Bureau of Investigation; to provide for effective dates; 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 March 25, 1958 (Ga. L. 1958, p. 296), and an Act approved February 17, 1960 (Ga. L. 1960, p. 132), is hereby amended by striking the seventh paragraph of section 2 of article II, which reads as follows:

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The one battalion shall consist of not more than 500 officers and men, in the discretion of the Director of Public Safety with the approval of the Department of Public Safety, which battalion as instituted, shall be composed of the following personnel including the Commanding Officer and Treasurer herein named; said battalion to include not more than the following number of officers and non-commissioned officers with salaries as herein stated, payable monthly: 2 Majors at $3,965.00 per year, each 4 Captains at $3,365.00 per year, each 8 1st Lieutenants at $2,965.00 per year, each Repealed. 2 Sergeant Majors at $2,865.00 per year, each 45 Sergeants at $2,765.00 per year, each 45 Corporals at $2,565.00 per year, each All Troopers at $2,400.00 per year, each Radio Operators and License Examiners of said Department though not members of the uniform battalion shall be compensated at a sum of $255.00 per month and they shall be entitled to the increases hereinafter provided for length of service on such base salary., and inserting in lieu thereof a new seventh paragraph of section 2 of article II to read as follows: The battalion shall consist of the number of officers and noncommissioned officers specified by number hereinafter, and such number of troopers as the Director of Public Safety, subject to the approval of the Department of Public Safety, shall deem necessary and advisable to carry out the purposes of and administer the provisions of this Act. The personnel of the battalion, which shall include the Commanding Officer and the Treasurer, shall consist of the following categories and the members of such battalion shall be compensated on an annual basis as follows, which compensation shall be paid on a semimonthly or monthly basis: 2 Majors $4,265.00 per year, each 4 Captains $3,665.00 per year, each 8 1st Lieutenants $3,265.00 per year, each

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2 Sergeant Majors $3,165.00 per year, each 45 Sergeants $3,065.00 per year, each 45 Corporals $2,865.00 per year, each Salaries. Troopers $2,700.00 per year, each Effective July 1, 1966, each of the above sums shall be increased $300.00. The members of the Georgia Bureau of Investigation shall each receive an increase in their base salary of $300.00 per annum, effective July 1, 1965, and shall receive an additional $300.00 per annum effective July 1, 1966. Future increases. Radio Operators and License Examiners of said Department though not members of the uniform battalion shall be compensated at a sum of $350.00 per month and they shall be entitled to the increases hereinafter provided for length of service on such base salary. Radio operators and license examiners. Section 2. This Act shall become effective July 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965. REAPPORTIONMENT OF HOUSE OF REPRESENTATIVES. Code 47-101 Amended. No. 77 (House Bill No. 367). An Act to amend Code section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, so as to provide for the apportionment of the membership of the House of Representatives; to provide for Representative Districts; to provide that the House of Representatives shall consist of 205 members; to provide for the designation of posts; to provide that members of the House of Representatives

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shall be elected by the voters of the Representative District which they represent; to provide for residence; to provide when the first members elected shall take office; to provide for the term of such first members; to provide for a continuation of the term of the present members of the House of Representatives; to provide for a continuation of the present apportionment of the House of Representatives until a certain time; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-101, relating to the apportionment of the membership of the House of Representatives, as amended, is hereby amended by striking the language of said Section in its entirety and inserting in lieu thereof new language to read as follows: There shall be 205 members of the House of Representatives, and such membership shall be apportioned among the Representative Districts provided for hereinafter. Each such District shall be composed either of a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter, and shall be represented by the number of Representatives provided for hereinafter. District No. 1: Dade Walker - 3 Representatives. District No. 2: Catoosa - 1 Representative. District No. 3: Whitfield Murray - 3 Representatives. District No. 4: Fannin - 1 Representative. District No. 5: Union Lumpkin - 1 Representative. District No. 6: Towns, Rabun White - 1 Representative.

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District No. 7: Chattooga - 1 Representative. District No. 8: Gordon - 1 Representative. District No. 9: Gilmer Pickens - 1 Representative. District No. 10: Dawson Forsyth - 1 Representative. District No. 11: Habersham - 1 Representative. District No. 12: Stephens - 1 Representative. District No. 13: Floyd - 3 Representatives. District No. 14: Bartow - 2 Representatives. District No. 15: Cherokee - 1 Representative. District No. 16: Hall - 3 Representatives. District No. 17: Banks Madison - 1 Representative. District No. 18: Franklin - 1 Representative. District No. 19: Hart - 1 Representative. District No. 20: Polk - 2 Representatives. District No. 21: Paulding - 1 Representative. District No. 22: Gwinnett - 2 Representatives. District No. 23: Barrow - 1 Representative. District No. 24: Jackson - 1 Representative. District No. 25: Elbert - 1 Representative. District No. 26: Haralson - 1 Representative. District No. 27: Douglas - 1 Representative.

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District No. 28: Walton - 1 Representative. District No. 29: Clarke - 2 Representatives. District No. 30: Oconee Oglethorpe - 1 Representative. District No. 31: Taliaferro, Wilkes Lincoln - 1 Representative. District No. 32: Carroll - 2 Representatives. District No. 33: Heard Coweta - 2 Representatives. District No. 34: Spalding - 2 Representatives. District No. 35: Fayette Clayton - 3 Representatives. District No. 36: Henry - 1 Representative. District No. 37: Newton - 1 Representative. District No. 38: Greene Morgan - 1 Representative. District No. 39: Hancock Putnam - 1 Representative. District No. 40: McDuffie, Warren Glascock - 1 Representative. District No. 41: Columbia - 1 Representative. District No. 42: Troup - 2 Representatives. District No. 43: Meriwether - 1 Representative. District No. 44: Pike Lamar - 1 Representative. District No. 45: Butts Monroe - 1 Representative. [Illegible Text]

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District No. 47: Baldwin - 2 Representatives. District No. 48: Johnson Washington - 2 Representatives. District No. 49: Jefferson - 1 Representative. District No. 50: Burke Jenkins - 2 Representatives. District No. 51: Upson - 1 Representative. District No. 52: Crawford Peach - 1 Representative. District No. 53: Twiggs Wilkinson - 1 Representative. District No. 54: Emanuel - 1 Representative. District No. 55: Screven - 1 Representative. District No. 56: Webster, Chattahoochee Stewart - 1 Representative. District No. 57: Taylor Marion - 1 Representative. District No. 58: Schley Macon - 1 Representative. District No. 59: Houston - 2 Representatives. District No. 60: Laurens - 2 Representatives. District No. 61: Treutlen, Wheeler Montgomery - 1 Representative. District No. 62: Toombs - 1 Representative. District No. 63: Candler Evans - 1 Representative. District No. 64: Bulloch - 2 Representatives. District No. 65: Effingham Bryan - 1 Representative.

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District No. 66: Quitman Randolph - 1 Representative. District No. 67: Terrell Lee - 1 Representative. District No. 68: Sumter - 2 Representatives. District No. 69: Crisp Dooly - 2 Representatives. District No. 70: Dodge - 1 Representative. District No. 71: Pulaski Bleckley - 1 Representative. District No. 72: Ben Hill - 1 Representative. District No. 73: Wilcox Telfair - 1 Representative. District No. 74: Appling - 1 Representative. District No. 75: Tattnall Long - 1 Representative. District No. 76: Liberty McIntosh - 1 Representative. District No. 77: Wayne - 1 Representative. District No. 78: Clay, Calhoun Baker - 1 Representative. District No. 79: Dougherty - 4 Representatives. District No. 80: Worth - 1 Representative. District No. 81: Turner Irwin - 1 Representative. District No. 82: Coffee - 1 Representative. District No. 83: Ware - 2 Representatives.

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District No. 84: Pierce Brantley - 1 Representative. District No. 85: Glynn - 2 Representatives. District No. 86: Early - 1 Representative. District No. 87: Miller Seminole - 1 Representative. District No. 88: Mitchell - 1 Representative. District No. 89: Decatur - 2 Representatives. District No. 90: Grady - 1 Representative. District No. 91: Jeff Davis Bacon - 1 Representative. District No. 92: Thomas - 2 Representatives. District No. 93: Tift - 1 Representative. District No. 94: Colquitt - 2 Representatives. District No. 95: Lowndes - 3 Representatives. District No. 96: Berrien Cook - 1 Representative. District No. 97: Lanier, Atkinson, Clinch Echols - 1 Representative. District No. 98: Charlton Camden - 1 Representative. District No. 99: Brooks - 1 Representative. District No. 100: Harris Talbot - 1 Representative. District No. 101: That portion of Cobb County embraced within State Senatorial District No. 32 as provided in Code section 47-102, relating to Senatorial Districts, as amended, particularly by an Act approved October 5, 1962

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(Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 102: That portion of Cobb County embraced within State Senatorial District No. 33 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 103: Cobb - 1 Representative. District No. 104: That portion of Richmond County embraced within State Senatorial District No. 22 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127), - 2 Representatives. District No. 105: That portion of Richmond County embraced within State Senatorial District No. 23 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 106: Richmond - 2 Representatives. District No. 107: That portion of Bibb County embraced within State Senatorial District No. 26 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 1 Representative. District No. 108: That portion of Bibb County embraced within State Senatorial District No. 27 as provided in [Illegible Text]

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amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 7), and an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 1 Representative. District No. 109: Bibb - 4 Representatives. District No. 110: That portion of Muscogee County embraced within State Senatorial District No. 15 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 111: That portion of Muscogee County embraced within State Senatorial District No. 16 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 112: Muscogee - 3 Representatives. District No. 113: That portion of Chatham County embraced within State Senatorial District No. 1 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 114: That portion of Chatham County embraced within State Senatorial District No. 2 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives.

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District No. 115: That portion of Chatham County embraced within State Senatorial District No. 3 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 2 Representatives. District No. 116: Chatham - 3 Representatives. District No. 117: That portion of DeKalb County embraced within State Senatorial District No. 41 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127), and Rockdale County - 4 Representatives. District No. 118: That portion of DeKalb County embraced within State Senatorial District No. 42 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 4 Representatives. District No. 119: That portion of DeKalb County embraced within State Senatorial District No. 43 as provided 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 an Act approved February 20, 1964 (Ga. L. 1964, p. 127) - 4 Representatives. District No. 120: To have one representative and to consist of the following described areas in Fulton County, Georgia: PRECINCT F 7 Beginning at the intersection of Beecher Court and Beecher Street; extending east along Beecher Street to Donnelly

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Avenue; southeast along Donnelly Avenue to Hall Street; southwest along Hall Street to Richland Road; west along Richland Road to Westmont Road; south along Westmont Road to Avon Avenue; east along Avon Avenue to Lorenzo Drive; south along Lorenzo Drive to the 1951 city limits; southwest along the 1951 city limits to Venetian Drive; west along Venetian Drive to Sandtown Road; thence northwest along Sandtown Road to Cascade Road; thence east and northeast along Cascade Road to Cascade Circle; north along Cascade Circle to the south line of John A. White Park; northwest, north and east along the property line of John A. White Park to North Utoy Creek; southeast and east along North Utoy Creek to the southerly projection of Beecher Court; north along the southerly projection of Beecher Court and Beecher Court to Beecher Street at the point of beginning. Also PRECINCT Q 7 Beginning at the intersection of Lawton Street and Beecher Street; extending east along Beecher Street to Lee Street; south along Lee Street to the Central of Georgia Railroad; southwest along the Central of Georgia Railroad to the L N Railroad; northwest along the L N Railroad to Lawton Street; northeast along Lawton Street to Beecher Street at the point of beginning. Also PRECINCT E 4 Beginning at the intersection of the Central of Georgia Railway and the L N Railroad; extending southwest along the Central of Georgia Railway to the north boundary line of Fort McPherson at the 1951 city limits; thence generally west and northeast along the 1951 city limits to Lorenzo Drive; north along Lorenzo Drive to Avon Avenue; west along Avon Avenue to Westmont Road; north along Westmont Road to Richland Road; east along Richland Road to Hall Street; northeast along Hall Street to Donnelly Avenue; northeast along Lawton Street to the L N Railroad;

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southeast along the L N Railroad to the Central of Georgia Railway at the point of beginning. Also PRECINCT P 7 Beginning at the intersection of North Utoy Creek and Peyton Road; extending south and southeast along Peyton Road to Sewell Road at Veltre Circle; southwest and south along Veltre Circle to Cascade Road; west along Cascade Road to the city limits; generally north along the city limits to North Utoy Creek; generally southeast along North Utoy Creek to Peyton Road at the point of beginning. Also PRECINCT K 7 Beginning at the intersection of Venetian Drive at Cascade Road; extending east along Cascade Road to Sandtown Road; southeast along Sandtown Road to Venetian Drive; east along Venetian Drive to the 1951 city limits; southwest, northeast and east along the 1951 city limits to the Central of Georgia Railway; south along the Central of Georgia Railway to the city limits; generally west along the city limits to DeLowe Drive; north along DeLowe Drive to Venetian Drive; northwest along Venetian Drive to Cascade Road at the point of beginning. Also PRECINCT H 7 Beginning at the intersection of Peyton Road and North Utoy Creek; extending generally east along North Utoy Creek to the north property line of John A. White Park; west, south and southeast along the property line of John A. White Park to Cascade Circle; south along Cascade Circle to Cascade Road; southwest and west along Cascade Road to Veltre Circle; north and northeast along Veltre Circle to Sewell Road at Peyton Road; northwest and north along Peyton Road to North Utoy Creek at the point of beginning.

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Also PRECINCTJ 7 Beginning at the intersection of Cascade Road and Childress Drive; south and southeast along Childress Drive to the city limits; generally south along the city limits to Stone Road; northwest along Stone Road to Fairburn Road; north along Fairburn Road to the city limits; north, east and north along the city limits to Cascade Road; southeast along Cascade Road to Childress Drive at the point of beginning. Also 7-C Beginning at the intersection of Childress Drive and Cascade Road; extending east along Cascade Road to Venetian Drive; southeast along Venetian Drive to DeLowe Drive; generally south along DeLowe Drive to the city limits; generally west and south along the city limits to Childress Drive; northwest and north along Childress Drive to Cascade Road at the point of beginning. District No. 121: To have one representative and to consist of the following described areas in Fulton County, Georgia: G. M. District 734 (Old Ninth) Also PRECINCT I 7-I Beginning at the intersection of Fairburn Road and Stone Road; extending southeast along Stone Road to the city limits; generally south, west, north and east along the city limits to Fairburn Road at the northeast corner of land lot 8, 14th district (formerly Fayette County), Fulton County; south along Fairburn Road to Stone Road at the point of beginning.

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Also All of Georgia Militia District 731 (Sandtown District) Also All of Ward 1 of City of East Point lying west of DeLowe Drive. Also All of 1st Ward of City of East Point lying east of DeLowe Drive. Also All of Second Ward of City of East Point. Also that portion of G. M. District 1615 (College Park) lying outside the corporate limits of the City of College Park. District No. 122: To have one representative and to consist of the following described areas in Fulton County, Georgia: G. M. District 1725 (Union City) G. M. District 1204 (Union) G. M. District 757 (Goodes) G. M. District 733 (Campbellton) G. M. District 652 (Palmetto) G. M. District 1165 (Rivertown) G. M. District 499 (Red Oak) Also PRECINCT C College Park W. Commencing at the point where the center line of Camp

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Creek Parkway, as shown on the plans, profiles and maps on record in the office of the Director of Public Works of Fulton County, intersects the line dividing Clayton and Fulton Counties; thence southerly along said line dividing Clayton and Fulton Counties to the south line of corporate limits of the City of College Park; thence westerly, northerly and otherwise along the corporate limits of the City of College Park to the center line of Camp Creek Parkway; thence easterly and southeasterly along the center line of Camp Creek Parkway to the point of beginning. PRECINCT A W Commencing at the point where the center line of the Atlanta West Point Railroad intersects the north line of the corporate limits of the City of College Park (said line likewise being the south line of East Point); thence southwesterly along the center line of said Atlanta West Point Railroad to the line dividing Clayton and Fulton Counties; thence northerly along the line dividing Clayton and Fulton Counties, and continuing westerly along said line dividing Clayton and Fulton Counties to the center line of Camp Creek Parkway, as shown on the plans, maps and profiles of same on record in the office of the Director of Public Works of Fulton County; thence westerly and northwesterly along the center line of said Camp Creek Parkway to the west line of the corporate limits of the City of College Park; thence northerly, easterly and again northerly, northeasterly and easterly along the corporate limits of the City of College Park to the point of beginning. Excepted, however, from the foregoing description of Precincts C A is that portion of the G. M. District 1615 (College Park) lying outside of the corporate limits of the City of College Park. District No. 123: The whole of Fulton County at Large, three (3) Representatives. District No. 124: To have one representative and to consist of the following described areas in Fulton County, Georgia:

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PRECINCT A 1-A Beginning at the intersection of Whitehall Street and the WA Railroad; extending southeast along the WA Railroad to the Georgia Railroad; continuing southeast along the Georgia Railroad to Butler Street; southwest along Butler Street and the projection of Butler Street to Capitol Avenue; south along Capitol Avenue to Georgia Avenue; west along Georgia Avenue to McDaniel Street; north and northwest along McDaniel Street to Whitehall Street; northeast along Whitehall Street to the WA Railroad at point of beginning. Also PRECINCT C 1-C Beginning at the intersection of McDaniel Street and Georgia Avenue; extending east along Georgia Avenue to Capitol Avenue; south along Capitol Avenue to AWP Railroad; southwest and west along AWP Railroad to southerly projection of McDaniel Street; north along southerly projection of McDaniel Street and McDaniel Street to Georgia Avenue at point of beginning. Also PRECINCT I 1-I Beginning at the intersection of Butler Street and the Georgia Railroad; extending east along the Georgia Railroad to Oakland Avenue; south along Oakland Avenue to Memorial Drive; west along Memorial Drive to Kelly Street; south along Kelly Street to Glenwood Avenue; west along Glenwood Avenue to Connally Street; south along Connally Street to Fulton Street; west along Fulton Street, with offset north at Martin Street, to Capitol Avenue; north along Capitol Avenue to southwest projection of Butler Street; northeast along southwest projection of Butler Street and Butler Street to Georgia Railroad at point of beginning.

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Also PRECINCT X 3-X Beginning at the intersection of Simpson Street and the WA Railroad; extending southeast along the WA Railroad to Whitehall Street; southwest along Whitehall Street to the Central of Georgia Railway at Park Street; northeast along the Central of Georgia Railway to Fair Street; northwest along Fair Street to Walker Street; northeast along Walker Street to Nelson Street; northeast along Nelson Street to Elliott Street; north along Elliott Street, with offsets westerly at Mitchell Street and easterly at Block Place to Simpson Street; east along Simpson Street to the WA Railroad at the point of beginning. District No. 125: To have one representative and to consist of the following described areas in Fulton County, Georgia: PRECINCT A: 4-A Beginning at the intersection of the Central of Georgia Railway and Astor Avenue; extending easterly along Astor Avenue to Sylvan Road; north along Sylvan Road to Bridgewater Street; east along Bridgewater Street to Lisbon Drive; south and east along Lisbon Drive to Brewer Boulevard; south along Brewer Boulevard to the Westerly Projection of the north line of Stewart-Lakewood Shopping Center; east along the north line of the Stewart-Lakewood Shopping Center to Stewart Avenue; south along Stewart Avenue to Lakewood Avenue; east along Lakewood Avenue to the South Expressway; southeast and south along the South Expressway to the city limits at Mount Zion Road; generally west, north and west along the city limits line to the Central of Georgia Railway; north along the Central of Georgia Railway to Astor Avenue at the point of beginning. Also PRECINCT B: 4-B Beginning at the intersection of Whitehall Street and

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McDaniel Street; extending south along McDaniel Street and the southerly projection of McDaniel Street to the AWP Railroad; west along the AWP Railroad to the LN Railroad; northwest along the LN Railroad to the Central of Georgia Railway; northeast along the Central of Georgia Railway to Whitehall Street; northeast along Whitehall Street to McDaniel Street at the point of beginning. Also 4-D Beginning at the intersection of the Central of Georgia Railway and the LN Railroad; southeast along the LN Railroad to the South Expressway; southwest along the South Expressway to Lakewood Avenue; west along Lakewood Avenue to Stewart Avenue; north along Stewart Avenue to the easterly projection of the south line of Perkerson Park; west along the easterly projection of Perkerson Park and the south line of Perkerson Park to the west line of Perkerson Park; north along the west line of Perkerson Park to Deckner Avenue; west along Deckner Avenue with southerly offset at Sylvan Road to Langston Avenue; northwest along Langston Avenue to the Central of Georgia Railway; northeast along the Central of Georgia Railway to the LN Railroad at the point of beginning. Also PRECINCT G: 4-G Beginning at the intersection of the Central of Georgia Railway and Langston Avenue; extending southeast along Langston Avenue to Deckner Avenue; east along Deckner Avenue, with northerly offset at Sylvan Road, to the west line of Perkerson Park; south along the west line of Perkerson Park to the south line of Perkerson Park; east along the south line of Perkerson Park and the easterly projection to Stewart Avenue; south along Stewart Avenue to the north line of the Stewart-Lakewood Shopping Center; west along the north line of the Stewart-Lakewood Shopping Center and the westerly projection to Brewer Boulevard; north along Brewer Boulevard to Lisbon Drive; west and north along Lisbon Drive to Bridgewater Street; west along

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Bridgewater Street to Sylvan Road; south along Sylvan Road to Astor Avenue; west along Astor Avenue to the Central of Georgia Railway; north along the Central of Georgia Railway to Langston Avenue at the point of beginning. District No. 126: To have one representative and to consist of the following described areas in Fulton County, Georgia: All of City of Hapeville, and the unincorporated area of Fulton County west of the city limits of Hapeville and east of the city limits of East Point. Also 3rd and 4th Wards of City of East Point Also College Park east of A W P Railroad. District No. 127: To have one representative and to consist of the following described areas in Fulton County, Georgia: 1-B Beginning at the intersection of Memorial Drive and Kelly Street; extending east along Memorial Drive to Cherokee Avenue; south along Cheroke Avenue to Georgia Avenue; west along Georgia Avenue to Capitol Avenue; north along Capitol Avenue to Fulton Street; east along Fulton Street, with off-set south at Martin Street to Connally Street; north along Connally Street to Glenwood Avenue; east along Glenwood Avenue to Kelly Street; north along Kelly Street to Memorial Drive at point of beginning. Also 1-D Beginning at the intersection of Oakland Avenue and the Georgia Railroad; extending northeast along the Georgia Railroad to the northerly projection of Pearl Street; south along the northerly projection of Pearl Street and Pearl Street to Memorial Drive; east along Memorial Drive

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to the AWP Railroad; south and southwest along the AWP Railroad to southerly projection of Cherokee Avenue; north along the southerly projection of Cherokee Avenue and Cherokee Avenue to Memorial Drive; west along Memorial Drive to Oakland Avenue; north along Oakland Avenue to the Georgia Railroad at point of beginning. Also 1-H Beginning at the intersection of Capitol Avenue and Georgia Avenue; extending east along Georgia Avenue to Cherokee Avenue; south along Cherokee Avenue and southerly projection of Cherokee Avenue to AWP Railroad; west and southwest along AWP Railroad to Capitol Avenue; north along Capitol Avenue to Georgia Avenue at the point of beginning. District No. 128: To have one representative and to consist of the following described areas in Fulton County, Georgia: 4-I Beginning at the intersection of the South Expressway and the AWP Railroad; northeast along the AWP Railroad to Capitol Avenue; south along Capitol Avenue to Claire Drive; northwest along Claire Drive to Pryor Road; north along Pryor Road to Hipp Street; west along Hipp Street and the westerly projection to the South Expressway; northeast along the South Expressway to the AWP Railroad at the point of beginning. Also 4-K Beginning at the intersection of Claire Drive and Capitol Avenue, south along the west line of land lots 58 and 59 to South River; southeast along South River to Browns Mill Road; southwest along Browns Mills Road to Cleveland Avenue; west along Cleveland Avenue to the South Expressway; north along the South Expressway to the westerly projection of Hipp Street; east along Hipp Street to Pryor Road; south along Pryor Road to Claire Drive; southeast along Claire Drive to Capitol Avenue at the point of beginning.

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Also 4-M Beginning at the intersection of the South Expressway and Cleveland Avenue; east along Cleveland Avenue to Browns Mill Road; south, southeast and southwest along Browns Mill Road to the Central of Georgia Railway; northwest along the Central of Georgia Railway to the city limits at the South Expressway; north along the South Expressway to Cleveland Avenue at the point of beginning. Also 4-H Beginning at the intersection of Browns Mill Road and Springside Drive; east along Springside Drive to Humphries Drive; south along Humphries Drive to School Drive; east along School Drive to Jonesboro Road; north along Jonesboro Road to Hutchens Road; southeast along Hutchens Road to Forrest Park Road, south along Forrest Park Road to the Circumferential Expressway to the city limits at the Fulton-DeKalb line; south, west, north and east along the city limits to the Central of Georgia Railway; southeast along the Central of Georgia Railway to Browns Mill Road; northeast, north, and northwest along Browns Mill Road to Springside Drive at the point of beginning. Also 4-L Beginning at the intersection of Jonesboro Road and Constitution Road; east along Constitution Road to the city limits of the Fulton-DeKalb County line; south along the city limits to the Circumferential Expressway; southwest along the Circumferential Expressway to Forrest Park Road; north along Forrest Park Road to Hutchens Road; northwest along Hutchens Road to Jonesboro Road; southwest along Jonesboro Road to School Drive; west along School Drive to Humphries Drive; northwest along Humphries Drive to Springside Drive; west along Springside Drive to Browns Mill Road; north and northeast along Browns Mill Road to McWilliams Road; east along McWilliams Road to Burroughs Avenue; north along Burroughs Avenue to Harper Road; east along Harper Road

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to Jonesboro Road; southeast along Jonesboro Road to Constitution Road at the point of beginning. District No. 129: To have one representative and to consist of the following described areas in Fulton County; Georgia: 1-E Beginning at the intersection of Moreland Avenue and the Georgia Railroad; extending south along Moreland Avenue to Glenwood Avenue; west along Glenwood Avenue to the AWP Railroad; north along the Georgia Railroad to Memorial Drive; west along Memorial Drive to Pearl Street; north along Pearl Street and the northerly projection of Pearl Street to the Georgia Railroad; northeast along the Georgia Railroad to Moreland Avenue at point of beginning. Also 1-G Beginning at the intersection of Moreland Avenue and Glenwood Avenue; extending south along Moreland Avenue to the 1951 city limts 600 feet south of East Confederate Avenue; northwest along the 1951 city limits to the AWP Railroad; northeast along the AWP Railroad to Glenwood Avenue; east along Glenwood Avenue to Moreland Avenue at point of beginning. Also 4-F Beginning at the intersection of Capitol Avenue and the AWP Railroad; northeast along the AWP Railroad to Boulevard; south along Boulevard to McDonough Boulevard; west along McDonough Boulevard to Sawtell Avenue; south along Sawtell Avenue to the Southern Railway; northwest along the Southern Railway to the easterly projection of Margaret Street; west along Margaret St. with southerly offset at Lakewood Avenue to Jonesboro Road; west along Meldon Avenue to Capitol Avenue; north along Capitol Avenue to AWP Railroad at the point of beginning. Also 4-J Beginning at the intersection of Boulevard and the

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AWP Railroad; northeast along the AWP Railroad to the 1951 city limits 600 feet south of East Confederate Avenue; southeast along the 1951 city limits to Moreland Avenue; south along Moreland Avenue to the Southern Railway; northwest along the Southern Railway to Sawtell Avenue; north along Sawtell Avenue to McDonough Boulevard; east along McDonough Boulevard to Boulevard; north along Boulevard to the AWP Railroad at the point of beginning. Also 4-C Beginning at the intersection of Capitol Avenue and Meldon Avenue; east and northeast along Meldon Avenue to Jonesboro Road; northeast along Margaret Street, with northerly offset at Lakewood Avenue, to the Southern Railway; southeast along the Southern Railway to the Fulton-DeKalb County Line; south along the Fulton-DeKalb County Line to Constitution Road; west along Constitution Road to Jonesboro Road; northwest along Jonesboro Road to Harper Road; west along Harper Road to Burroughs Avenue; south along Burroughs Avenue to McWilliams Road; west along McWilliams Road to Browns Mill Road; west and southwest along Browns Mill Road to South River; northwest along South River to the west line of land lot 59, 14th district, Fulton County; north along the west line of land lot 59, land lot 58 and Capitol Avenue to Meldon Avenue at the point of beginning. District No. 130. To have one representative and to consist of the following described areas in Fulton County, Georgia: 8-H Beginning at the intersection of the north line of land lot 48, 17th district, Fulton County and the Southern Railway; extending generally northeast along the Southern Railway to the city limits; south along the city limits to the north line of land lot 6, 17th district, Fulton County; west along the north line of land lots 6 and 48 to the Southern Railway at the point of beginning.

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Also 5-I Beginning at the intersection of the Southern Railway and Peachtree Creek; extending northeast along the Southern Railway to the north line of land lot 48, 17th district, Fulton County; east along the north line of land lots 48 and 6 to the Fulton-DeKalb County boundary line; south along the Fulton-DeKalb County boundary line to Peachtree Creek; thence generally southwest along Peachtree Creek to the Southern Railway at the point of beginning. Also 6-C Beginning at the intersection of the Southern Railway and Peachtree Creek; northeast along Peachtree Creek to the Fulton-DeKalb County line; south along the Fulton-DeKalb County Line to Meadowdale Avenue; southwest along Meadowdale Avenue to Wildwood Road; west along Wildwood Road to North Rock Spring Road; northwest along North Road Spring Road to Piedmont Road; west along Rock Spring Road and westerly projection to the Southern Railway belt line; north along the southern Railway belt line to the Southern Railway; northeast along the Southern Railway to Peachtree Creek at the point of beginning. Also 6-F Beginning at the intersection of the Southern Railway belt line and the westerly projection of Rock Spring Road; east along the westerly projection of Rock Spring Road and Rock Spring Road to Piedmont Avenue; southeast along North Rock Spring Road to Wildwood Road; northeast and east along Wildwood Road to Meadowdale Avenue; northeast along Meadowdale Avenue to the Fulton-DeKalb County line; south along the Fulton-DeKalb County line to University Drive; northwest along University Drive to North Highland Avenue; southwest along North Highland Avenue to North Morningside Drive; northwest along North Morningside Drive to Yorkshire Road; west along Yorkshire Road to Monroe Drive; northwest along Monroe Drive to Piedmont Avenue; southwest along Piedmont Avenue to the Southern Railway belt line; northwest along the Southern

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Railway belt line to the westerly projection of Rock Spring Road at the point of beginning. Also 6-A Beginning at the intersection of Amsterdam Avenue and North Highland Avenue; north and northeast along North Highland Avenue to University Drive; southwest along University Drive to the Fulton-DeKalb County line; south along the Fulton-DeKalb County line to St. Charles Place; west along St. Charles Place and St. Charles Avenue to Barnett Street; north along Barnett Street and the northerly projection of Barnett Street to Amsterdam Avenue; east along Amsterdam Avenue to North Highland Avenue at the point of beginning. Also 6-B Beginning at the intersection of Moreland Avenue and Austin Avenue, extending west along Austin Avenue to Elizabeth Street; north along Elizabeth Street to North Highland Avenue; southwest along North Highland Avenue to the Southern Railway belt line; northeast, north and northwest along the Southern Railway belt line to the westerly projection of St. Charles Avenue; east along the westerly projection of St. Charles Avenue and St. Charles Avenue to North Highland Avenue; east along St. Charles Place to the Fulton-DeKalb County boundary line; south along the Fulton-DeKalb County boundary line and Moreland Avenue to Austin Avenue at the point of beginning. Also 6-D Beginning at the intersection of Moreland Avenue and Austin Avenue; extending south along Moreland Avenue to the Georgia Railroad; southwest along the Georgia Railroad to the Southern Railway belt line; northeast along the Southern Railway belt line to North Highland Avenue; northeast along North Highland Avenue to Elizabeth Street; south along Elizabeth Street to Austin Avenue; east along Austin Avenue to Moreland Avenue at the point of beginning.

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District No. 131: To have one representative and to consist of the following described areas in Fulton County, Georgia: 1-F Beginning at the intersection of Spring Street and North Avenue; extending east along North Avenue to Bedford Place; south along Bedford Place to Forrest Avenue; west along Forrest Avenue to Butler Street; south and southwest along Butler Street to the Georgia Railroad; northwest along the Georgia Railroad to the WA Railroad; northwest along the WA Railroad to Spring Street; northeast and north along Spring Street to North Avenue at the point of beginning. Also 3-Y Beginning at the intersection of Williams Street and North Avenue; extending east along North Avenue to Spring Street; south and southwest along Spring Street to the WA Railroad; northwest along the WA Railroad to Cain Street; northeast and east, with southeasterly offset at Luckie Street, to Williams Street; north along Williams Street to North Avenue at the point of beginning. Also 5-G Beginning at the intersection of Tenth Street and Argonne Avenue, extending south along Argonne Avenue to North Avenue; west along North Avenue to West Peachtree Street; north along West Peachtree Street to Tenth Street; east along Tenth Street to Argonne Avenue at the point of beginning. Also 5-E Beginning at the intersection of Tenth Street and Argonne Avenue; extending east along Tenth Street to the Southern Railway belt line; southeast along the Southern Railway belt line to North Avenue; west along North Avenue to

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Argonne Avenue; north along Argonne Avenue to Tenth Street at the point of beginning. Also 6-E Beginning at the intersection of the Southern Railway belt line and Piedmont Avenue; northeast along Piedmont Avenue to Monroe Drive; southeast along Monroe Drive to Yorkshire Road; east along Yorkshire Road to North Morningside Drive; southeast along North Morningside Drive to North Highland Avenue; south along North Highland Avenue to Amsterdam Avenue; west along Amsterdam Avenue to the northerly projection of Barnett Street; south along the northerly projection of Barnett Street and Barnett Street to St. Charles Avenue; west along St. Charles Avenue and its westerly projection to the Southern Railway belt line; northwest along the Southern Railway belt line to Piedmont Avenue at the point of beginning. District No. 132: To have one representative and to consist of the following described areas in Fulton County, Georgia: 6-H Beginning at the intersection of Butler Street and Forrest Avenue; extending east along Forrest Avenue to Willoughby Way; east along Willoughby Way to the Southern Railway belt line; southwest along the Southern Railway belt line to Irwin Street; west along Irwin Street to Houston Street; southwest along Houston Street to Butler Street; north along Butler Street and its northerly projection to Forrest Avenue at the point of beginning. Also 6-I Beginning at the intersection of Bedford Place and North Avenue; east along North Avenue to the Southern Railway belt line; southeast along the Southern Railway belt line to Willoughby Way; west along Willoughby Way to Forrest Avenue; west along Forrest Avenue to Bedford Place; north along Bedford Place to North Avenue at the point of beginning.

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Also 6-J Beginning at the intersection of Houston Street and Butler Street; extending northeast along Houston Street to Irwin Street; east along Irwin Street to the Southern Railway belt line; southwest along the Southern Railway belt line to the Georgia Railroad; southwest and west along the Georgia Railroad to Butler Street; northeast and north along Butler Street to Houston Street at the point of beginning. District 133: To have one representative and to consist of the following described areas in Fulton County, Georgia: 3-V Beginning at the city limits along the Chattahoochee River and the Southern Railway; southeast and east along the Southern Railway to Hollywood Road; south along Hollywood Road to Proctor Creek; thence generally northwest along Proctor Creek to the city limits at the Chattahoochee River; northeast along the city limits to the Southern Railway at the point of beginning. Also 3-L Beginning at the intersection of Bankhead Highway and the city limits at the Chattahoochee River; extending northeast along the city limits to Proctor Creek; generally southeast along Proctor Creek to North Street; southwest along North Street to Ruth Street; west along Ruth Street to Gun Club Road; south along Gun Club Road to Hollywood Drive; southwest along Hollywood Drive to Hollywood Road; northwest along Hollywood Road to North Grand Avenue; southwest and south along North Grand Avenue, with westerly off-set at Sisk Street, to Bankhead Highway; west and northwest along Bankhead Highway to the city limits at the Chattahoochee River at the point of beginning. Also 3-R Beginning at the intersection of the city limits at the Chattahoochee River and Bankhead Highway; extending

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southeast along Bankhead Highway to Gary Road; south along Gary Road and the southerly projection of Gary Road, with westerly off-set at Baker Road, to Simpson Road; west along Simpson Road to Hightower Road; continuing west along Collier Drive to Gordon Road; northwest along Gordon Road to the city limits; north and northeast along the city limits to Bankhead Highway at the point of beginning. Also 7-L Beginning at the intersection of Collier Drive and Linkwood Road; south along Linkwood Road to Gordon Road; east along Gordon Road to Harlan Road; south and east along Harlan Road to Peyton Road; south along Peyton Road to North Utoy Creek; generally west along North Utoy Creek to the city limits; generally north, west and north along the city limits to Gordon Road; southeast along Gordon Road to Collier Drive; southeast along Collier Drive to Linkwood Road at the point of beginning. Also 7-B Beginning at the intersection of Linkwood Road and Collier Drive; extending east along Collier Drive to Hightower Road; continuing east along Simpson Road to the west line of land lot 179, 14th district Fulton County; south along the west line of land lots 179 and 180 to the A.C.L. Railroad; southeast along the A.C.L. Railroad to Wilson Avenue; south along Wilson Avenue and the southerly projection of same to Gordon Road at the northwest corner of the Westview Cemetery property; south, west south and east along the property line of Westview Cemetery to the northwest corner of land lot 171, 14th district, Fulton County; south along the west line of land lot 171 to North Utoy Creek; generally west along North Utoy Creek to Peyton Road; north along Peyton Road to Harlan Road; west and north along Harlan Road to Gordon Road; west along Gordon Road to Linkwood Road; northwest along Linkwood Road to Collier Drive at the point of beginning.

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Also F-78 The area described on Census Tract F-78, as per the Census Tract Street Index, Atlanta Standard Metropolitan Statistical Area, prepared by and on file in the office of the Atlanta Region Metropolitan Planning Commission, 900 Glenn Building, Atlanta 3, Georgia, April 1962; excepting, however, any portion thereof embraced within any district specifically named herein. District No. 134: To have one representative and to consist of the following described areas in Fulton County, Georgia: 3-B Beginning at the intersection of Simpson Street and the L N Railroad; extending east along Simpson Street to Ashby Street; south along Ashby Street to Hunter Street; west and southwest along Hunter Street to the L N Railroad; north along the L N Railroad to Simpson Street at the point of beginning. Also 7-A Beginning at the intersection of Simpson Road and West Lake Avenue; extending south along West Lake Avenue to the A.C.L. Railroad; west along the A.C.L. Railroad to the west line of land lot 180, 14th district, Fulton County; north along the west line of land lots 180 and 179 to Simpson Road; east along Simpson Road to West Lake Avenue at the point of beginning. Also 3-P Beginning at the intersection of the L N Railroad and Bankhead Avenue; extending northeast and east along Bankhead Avenue to Ashby Street; south along Ashby Street to Simpson Street; west along Simpson Street to the L N Railroad; northwest along the LN Railroad to Bankhead Avenue at the point of beginning.

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Also 3-C Beginning at the intersection of Bankhead Highway and Gary Road; extending east and southeast along Bankhead Highway to the L N Railroad; southeast along the L N Railroad to Simpson Road; west along Simpson Road to the southerly projection of Gary Road, north along the southerly projection of Gary Road and Gary Road, with easterly off-set at Baker Road, to Bankhead Highway at the point of beginning. Also 3-G Beginning at the intersection of West Marietta Street and the L N Railroad; extending east and southeast along west Marietta Street to Ashby Street; south along Ashby Street to Bankhead Avenue; west and southwest along Bankhead Avenue to the L N Railroad; northwest along the L N Railroad to West Marietta Street and the point of beginning. Also 3-Q Beginning at the intersection of Bankhead Highway and North Grand Avenue; extending north and northeast along North Grand Avenue, with easterly off-set at Sisk Street, to Hollywood Road; southwest along Hollywood Road to Hollywood Drive; northeast along Hollywood Drive to Gun Club Road; north along Gun Club Road to Ruth Street; east along Ruth Street to North Street; northeast along North Street to the north line of land lot 226, 17th district; east along the north line of land lot 226 to the east line of land lot 226; south along the east line of land lot 226 to Proctor Creek; southeast along Proctor Creek to the line between 14th and 17th districts; east along the district line to the L N Railroad; southeast along the L N Railroad to Bankhead Highway; west along Bankhead Highway to North Grand Avenue at the point of beginning. Also 3-N Beginning at the intersection of Hollywood Road and the

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Southern Railway; extending east and southeast along the Southern Railway to Marietta Road; south along Marietta Road to West Marietta Street; southeast along West Marietta Street to the L N Railroad; southeast along the L N Railroad to the line between 14th and 17th districts, Fulton County; west along the line between 14th and 17th districts to Proctor Creek; northwest along Proctor Creek to the east line of land lot 226, 17th district; north along the east line of land lot 226 to the north line of land lot 226; west along the north line of land lot 226 to Proctor Creek; generally northwest along Proctor Creek to Hollywood Road; north along Hollywood Road to the Southern Railway at the point of beginning. District No. 135: To have one representative and to consist of the following described areas in Fulton County, Georgia: 7-D Beginning at the intersection of Chappell Road and Hunter Street; extending east along Hunter Street to Ashby Street; south along Ashby Street to Westview Drive; west along Westview Drive to Chicamauga Avenue; north along Chicamauga Avenue to Mozley Place; west along Mozley Place to Chappell Road; north along Chappell Road to Hunter Street at the point of beginning. Also 7-G Beginning at the intersection of Holderness Street and Westview Drive; extending east along Westview Drive to Ashby Street; south along Ashby Street to Gordon Street; east along Gordon Street to the Central of Georgia Railway; south and southwest along the Central of Georgia Railway to Lee Street; north along Lee Street to Beecher Street; west along Beecher Street to Lawton Street; southwest along Lawton Street to the L N Railroad; northwest along the L N Railroad to the southerly projection of Holderness Street; north along the southerly projection of Holderness Street and Holderness Street, with easterly off-set at Gordon Street to Westview Drive at the point of beginning.

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Also 7-M Beginning at the intersection of Beecher Street and Beecher Court; south along Beecher Court and its southerly projection of North Utoy Creek; west and northwest along North Utoy Creek to the west line of land lot 171, 14th district, Fulton County; north along the west line of land lot 171 to the south line of the Westview Cemetery property; generally east and north along the Westview Cemetery property line to Gordon Street; southeast along Gordon Street to the L N Railroad; southeast along the L N Railroad to Lawton Street; southwest along Lawton Street to Donnelly Avenue; northwest along Donnelly Avenue to Beecher Street; west along Beecher Street to Beecher Court at the point of beginning. Also 7-N Beginning at the intersection of West Lake Avenue and Simpson Road; extending east along Simpson Road to the L N Railroad; south along the L N Railroad to Hunter Street; west along Hunter Street to Chappell Road; north along Chappell Road to the A.C.L. Railroad; southwest along the A.C.L. Railroad to West Lake Avenue; north along West Lake Avenue to Simpson Road at the point of beginning. Also 7-E Beginning at the intersection of Wilson Avenue and the A.C.L. Railroad; extending east along the A.C.L. Railroad to Chappell Road; south along Chappell Road to Mozley Place; east along Mozley Place to Chicamauga Avenue; south along Chicamauga Avenue to Westview Drive; east along Westview Drive to Holderness Street; south along Holderness Street, with westerly off-set at Gordon Street, and the southerly projection of Holderness Street to the L N Railroad; northwest along the L N Railroad to Gordon Street; northwest along Gordon Street to the easternmost line of the Westview Cemetery property; thence generally south, west and north along the Westview Cemetery property to the northwest corner of said property on Gordon Road at Wilson Avenue; north along Wilson Avenue and the projection

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of same to the A.C.L. Railroad at the point of beginning. District No. 136: To have one representative and to consist of the following described areas in Fulton County, Georgia: 7-R Beginning at the intersection of Ashby Street and Greensferry Avenue; extending east along Greensferry Avenue to Lee Street; southeast along Lee Street to West End Avenue; southeast along West End Avenue to Lawn Street; southwest along Lawn Street to Hammond Street; southeast along Hammond Street to Park Street; east along Park Street to the Central of Georgia Railway; southwest along the Central of Georgia Railway to Gordon Street; west along Gordon Street to Ashby Street; north along Ashby Street to Greensferry Avenue at the point of beginning. Also 3-A Beginning at the intersection of Lee Street and Greensferry Avenue; extending east along Greensferry Avenue to Lawshe Street; north along Lawshe Street to Fair Street; east along Fair Street to Northside Drive; northeast along Northside Drive to Nelson Street; northeast along Nelson Street to Walker Street; southwest along Walker Street to Fair Street; southeast along Fair Street to the Central of Georgia Railway; southwest along the Central of Georgia Railway to Park Street at Peters Street; west along Park Street to Hammond Street; northwest along Hammond Street to Lawn Street; northeast along Lawn Street to West End Avenue; northwest along West End Avenue to Lee Street; north along Lee Street to Greensferry Avenue at the point of beginning. Also 3-H Beginning at the intersection of Ashby Street and Hunter Street; extending east along Hunter Street to Elliott Street; south along Elliott Street to Nelson Street; southwest along Nelson Street to Northside Drive; southwest along Northside Drive to Fair Street; west along Fair Street to Lawshe

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Street; south along Lawshe Street to Greensferry Avenue; west along Greensferry Avenue to Ashby Street; north along Ashby Street to Hunter Street at the point of beginning. Also 3-S Beginning at the intersection of Ashby Street and Simpson Street, extending east along Simpson Street to Vine Street; south along Vine Street to Hunter Street; west along Hunter Street to Ashby Street; north along Ashby Street to Simpson Street, at the point of beginning. District No. 137: To have one representative and to consist of the following described areas in Fulton County, Georgia: 3-D Beginning at the intersection of North Avenue and the W A Railroad; extending northeast and east along North Avenue to Williams Street; south along Williams Street to Cain Street; west and southwest along Cain Street to the W A Railroad; northwest along the W A Railroad to North Avenue at the point of beginning. Also 3-E Beginning at the intersection of Bankhead Avenue and Ashby Street; extending east along Bankhead Avenue to the northerly projection of Vine Street; south along the northerly projection of Vine Street and Vine Street to Simpson Street; west along Simpson Street to Ashby Street; north along Ashby Street to Bankhead Avenue at the point of beginning. Also 3-F Beginning at the intersection of Bankhead Avenue and Ashby Street; extending north along Ashby Street and the northerly projection of Ashby Street to the Southern Railway; northeast along the Southern Railway to Northside Drive; southeast along Northside Drive to Hemphill Avenue; southeast along Hemphill Avenue to State Street;

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south along State Street to North Avenue; southwest along North Avenue to the W A Railroad; northwest along the W A Railroad to Bankhead Avenue; west along Bankhead Avenue to Ashby Street at the point of beginning. Also 3-K Beginning at the intersection of Vine Street and Simpson Street; extending east along Simpson Street to Elliott Street; south along Elliott Street, with westerly off-set at Block Place, to Hunter Street; west along Hunter Street to Vine Street; north along Vine Street to Simpson Street at the point of beginning. Also 3-T Beginning at the intersection of Simpson Street and Vine Street; extending north along Vine Street and the northerly projection of Vine Street to Bankhead Ave; east along Bankhead Ave. to the W A Railroad; southeast and south along the W A Railroad to Simpson Street; west along Simpson Street to Vine Street, at the point of beginning. District No. 138: To have one representative and to consist of the following described areas in Fulton County, Georgia: 3-J Beginning at the intersection of the city limits at the Chattahoochee River and the Seaboard Air Line Railway; extending southeast along the Seaboard Air Line Railway to Moores Mill Road; southwest along Moores Mill Road to Coronet Way; southeast along Coronet Way to La Dawn Lane; west along La Dawn Lane to Adams Drive; south along Adams Drive to Marietta Road; southeast along Marietta Road to the Southern Railway; northwest along the Southern Railway to the city limits at the Chattahoochee River; northeast along the city limits at the Chattahoochee River to the Seaboard Air Line Railway at the point of beginning.

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Also 3-I Beginning at the intersection of Moores Mill Road and Peachtree Creek; extending east along Peachtree Creek to Bohler Road; south along Bohler Road to DeFoors Ferry Road; south along DeFoors Ferry Road to Collier Road; west along Collier Road to the Seaboard Air Line Railway; southeast along the Seaboard Air Line Railway to Ellsworth Industrial Drive; south along Ellsworth Industrial Drive to Elaine Avenue; southwest along Elaine Avenue to Marietta Boulevard; southeast along Marietta Boulevard to west Marietta Street; west along west Marietta Street to Marietta Road; northwest along Marietta Road to Adams Drive; north along Adams Drive to La Dawn Lane; east along La Dawn Lane to Coronet Way; northwest along Coronet Way to Moores Mill Road; northeast along Moores Mill Road to Peachtree Creek at the point of beginning. Also 3-M Beginning at the intersection of Bohler Road and Peachtree Creek; extending east along Peachtree Creek to Northwest Expressway; southeast along Northwest Expressway to Howell Mill Road; south along Howell Mill Road, with easterly and westerly off-sets at Antone Street to include Fire Station No. 23 in the precinct, to the Southern Railway; southwest along the Southern Railway to the northerly projection of Ashby Street; south along the northerly projection of Ashby Street to West Marietta Street; northwest along West Marietta Street to Marietta Boulevard; northwest along Marietta Boulevard to Elaine Street; northeast along Elaine Street to Ellsworth Industrial Drive; north along Ellsworth Industrial Drive to Seaboard Air Line Railway; northwest along Seaboard Air Line Railway to Collier Road; east along Collier Road to DeFoors Ferry Road; north along DeFoors Ferry Road to Bohler Road; northwest and north along Bohler Road to Peachtree Creek at the point of beginning. Also 5-A Beginning at the intersection of the North Expressway

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and Sixteenth Street; east along Sixteenth Street to West Peachtree Street; south along West Peachtree Street to Fifteenth Street; east along Fifteenth Street to Piedmont Avenue; south along Piedmont Avenue to the west line of land lot 54; south along the west line of land lot 54 to Tenth Street; west along Tenth Street to the North Expressway; north along the North Expressway to Sixteenth Street at the point of beginning. Also 5-B Beginning at the intersection of Northside Drive and Southern Railway; northeast along the Southern Railway to the Northwest Expressway; southeast along the northeast Expressway to the North Expressway; south along the North Expressway to Tenth Street; east along Tenth Street to West Peachtree Street; south along West Peachtree Street to North Avenue; west along North Avenue to State Street; north along State Street to Hemphill Avenue; northwest along Hemphill Avenue to Northside Drive; northwest along Northside Drive to the Southern Railway, at the point of beginning. Also 5-C Beginning at the intersection of the Northwest Expressway and Southern Railway; northeast along the Southern Railway to the junction of the Southern Railway belt line; southeast along the Southern Railway belt line to Tenth Street; west along Tenth Street to the west line of land lot 54; north along the west line of land lot 54 to Piedmont Avenue; north along Piedmont Avenue to Fifteenth Street; west along Fifteenth Street to West Peachtree Street; north along West Peachtree Street to Sixteenth Street; west along Sixteenth Street to the North Expressway; north along the North Expressway to the Northwest Expressway; northwest along the Northwest Expressway to the Southern Railway at the point of beginning. Also 5-H Beginning at the intersection of Howell Mill Road and

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Northwest Expressway; extending southeast along the Northwest Expressway to the Southern Railway; southwest along the Southern Railway to Howell Mill Road; north along Howell Mill Road to a point 124 feet, more or less, south of Antone Street; east and north along the side and rear lines, respectively, of the Atlanta Fire Station, Number 23, property to Antone Street; west along Antone Street to Howell Mill Road; north along Howell Mill Road to the Northwest Expressway at the point of beginning. District No. 139: To have one representative and to consist of the following described areas in Fulton County, Georgia: Beginning at the intersection of the most northerly boundary line of the City of Atlanta and the center line of Lake Forrest Drive; thence north along the center line of Lake Forrest Drive to its point of intersection with I-285; thence westerly along the center line of said I-285 to the center line of the Chattahoochee River; thence southerly along said center line of the Chattahoochee River to its point of intersection with the most northerly boundary line of the City of Atlanta; thence east along the most northerly boundary line of the City of Atlanta to its intersection with the center line of Lake Forrest Drive at the point of beginning. Also Beginning at the intersection of the center line of I-285 and the boundary line between Fulton County and DeKalb County; thence north along said boundary between Fulton and DeKalb Counties to the point of intersection of said boundary line with Mt. Vernon Highway; thence in a southwesterly direction along the center line of said Mt. Vernon Highway to its point of intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of Roswell Road; thence south along the center line of Roswell Road to its point of intersection with I-285; thence in an easterly direction along the center line of said I-285 to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.

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Also Beginning at the point of intersection between Windsor Parkway and the boundary line between Fulton County and DeKalb County; thence north along said boundary line to its intersection with the center line of I-285; thence westerly along the center line of said I-285 to its intersection with the center line of Lake Forrest Drive; thence south along the center line of Lake Forrest Drive to its point of intersection with Spruell Spring Road; thence easterly along the center line of said Spruell Spring Road to its intersection with Roswell Road; thence north along the center line of Roswell Road to its intersection with Forest Hills Drive; thence easterly along the center line of said Forest Hills Drive to its intersection with Highpoint Road; thence south along the center line of said Highpoint Road to its intersection with Windsor Parkway; thence easterly along the center line of said Windsor Parkway to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning. Also All of Fulton County lying north of Chattahoochee River and consisting of the following Militia Districts: G. M. District 845 (Roswell) G. M. District 1172 (New Town) G. M. District 842 (Old First) G. M. District 1227 (Big Creek) G. M. District 1176 (Alpharetta) G. M. District 892 (Little River) G. M. District 823 (Double Branch) District No. 139: To have one representative and to consist of the following described areas in Fulton County, Georgia:

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Beginning at a point in land lot 23 of the 17th district of Fulton County, Georgia, at the point where Spalding Drive intersects the boundary line between Fulton County and DeKalb County; thence north along said boundary line to the point where the boundary line turns in an easterly direction, and following the boundary line between the two counties to its point of intersection with the boundary line between Fulton County and Gwinnett County; thence in a northeasterly direction along the boundary line between Fulton County and Gwinnett County to the center line of the Chattahoochee River; thence in a westerly, northerly, westerly and southerly direction along the center of the Chattahoochee River to the point along the eastern bank of the Chattahoochee River entered by Marsh Creek; thence westerly along said Marsh Creek to its point of intersection with Riverside Drive; thence in a northerly direction along the center line of Riverside Drive to its point of intersection with Dalrymple Road; thence easterly along the center line of Dalrymple Road to its point of intersection with Spalding Drive; thence northeasterly along the center line of Spalding Drive to its intersection with the boundary line between Fulton County and DeKalb County at the point of beginning. Also Beginning at the point of intersection between Mt. Vernon Highway and the boundary line between Fulton County and DeKalb County; thence north to the point of intersection between said boundary line and the center line of Spalding Drive; thence west along the center line of said Spalding Drive to its point of intersection with Dalrymple Road; thence west along the center line of Dalrymple Road to its point of intersection with Riverside Drive; thence westerly and southerly along the center line of Riverside Drive to its point of intersection with Marsh Creek; thence westerly along the center line of Marsh Creek to the center line of the Chattahoochee River; thence southwesterly along the center line of the Chattahoochee River to the Johnson Ferry Road Bridge; thence southeasterly along the center line of Johnson Ferry Road to its point of intersection with Mt.

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Vernon Highway; thence northeasterly along the center line of Mt. Vernon Highway to its point of intersection with the boundary line between Fulton County and DeKalb County at the point of beginning. Also Beginning at the point of intersection between the Interstate Circumferential Highway (I-285) and the center line of Roswell Road; thence north along the center line of Roswell Road to its intersection with Johnson Ferry Road; thence northwesterly along the center line of said Johnson Ferry Road to the center line of the Chattahoochee River; thence in a southwesterly direction along the center line of the Chattahoochee River to the center line of I-285; thence in a northeasterly direction along the center line of said I-285 to its intersection with the center line of Roswell Road at the point of beginning. District No. 140: To have one representative and to consist of the following described areas in Fulton County, Georgia: Beginning at the point of intersection of the most northerly city limit line of the City of Atlanta and the boundary line between Fulton County and DeKalb County; thence north along said boundary line between Fulton County and DeKalb County to the intersection of said boundary line between Fulton County and DeKalb County and Windsor Parkway; thence westerly along the center line of said Windsor Parkway to its intersection with Highpoint Road; thence north along the center line of said Highpoint Road to the intersection of Forest Hills Drive; thence westerly along the center line of said Forest Hills Drive to the intersection of Roswell Road; thence south along the center line of said Roswell Road to its intersection with Spruell Spring Road; thence west along the center line of said Spruell Spring Road to its intersection with Lake Forrest Drive; thence south along the center line of said Lake Forrest Drive to the most northern city limit of the City of Atlanta; thence east along said Atlanta city limit line to its point of intersection with the boundary line between Fulton County and DeKalb County at the point of beginning.

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Also 8-I Beginning at the intersection of Peachtree Creek and the Northwest Expressway; extending northwest along the Northwest Expressway to the city limits; generally northeast and east along the city limits to Northside Drive; generally southeast and south along Northside Drive to West Wesley Road; west along West Wesley Road to Howell Mill Road; south along Howell Mill Road to Peachtree Creek; generally west along Peachtree Creek to the Northwest Expressway at the point of beginning. Also 8-C Beginning at the intersection of Northwest Expressway and Peachtree Creek; extending generally west along Peachtree Creek to the city limits at the Chattahoochee River; generally north along the city limits at the Chattahoochee River to the Northwest Expressway; southeast along the Northwest Expressway to Peachtree Creek at the point of beginning. Also 3-W Beginning at the intersection of the city limits at the Chattahoochee River and Peachtree Creek, extending generally east along Peachtree Creek to Moores Mill Road; southwest along Moores Mill Road to the Seaboard Airline Railway; thence northwest along the Seaboard Airline Railway to the city limits at the Chattahoochee River; thence northeast along the city limits to Peachtree Creek at the point of beginning. Also 8-A Beginning at the intersection of Northside Drive and Blackland Road; extending east and southeast along Blackland Road to Roswell Road; south along Roswell Road to Peachtree Road; southwest along Peachtree Road to West Wesley Road; west along West Wesley Road to Northside

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Drive; north along Northside Drive to Blackland Road at the point of beginning. Also 8-F Beginning at the intersection of Old Ivy Road and Roswell Road; extending north along Roswell Road to the city limits; east along the city limits to Peachtree-Dunwoody Road; south along Peachtree-Dunwoody Road to North Stratford Road; southwest and south along North Stratford Road to Wieuca Road; southeast along Wieuca Road to Old Ivy Road; west along Old Ivy Road to Roswell Road at the point of beginning. Also 8-D Beginning at the intersection of Roswell Road and Old Ivy Road; extending east along Old Ivy Road to Wieuca Road; northwest along Wieuca Road to North Stratford Road; north and northeast along North Stratford Road to Peachtree-Dunwoody Road; north along Peachtree-Dunwoody Road to the city limits; generally east and south along the city limits to Peachtree Road; southwest along Peachtree Road to Roswell Road; north along Roswell Road to Old Ivy Road at the point of beginning. Also 8-G Beginning at the intersection of Blackland Road and Northside Drive; extending northwest along Northside Drive to the city limits; generally east along the city limits to Roswell Road; south along Roswell Road to Blackland Road; northwest along Blackland Road to Northside Drive at the point of beginning. District No. 141: To have one representative and to consist of the following described areas in Fulton County, Georgia: 5-J Beginning at the intersection of Northside Drive and Peachtree Creek; extending generally east along Peachtree Creek to the Southern Railway; southwest along the Southern

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Railway to the Northwest Expressway; northwest along the Northwest Expressway to the Seaboard Airline Railway; northeast along the Seaboard Airline Railway to Tanyard Branch; generally northwest along Tanyard Branch to the south line of Atlanta Memorial Park; west along the south line of Atlanta Memorial Park to Northside Drive; north along Northside Drive to Peachtree Creek at the point of beginning. Also 5-K Beginning at the intersection of Howell Mill Road and Peachtree Creek; extending generally east along Peachtree Creek to Northside Drive; south along Northside Drive to the south line of Atlanta Memorial Park; east along the south line of Atlanta Memorial Park to Tanyard Branch; south along Tanyard Branch to the Seaboard Airline Railway; southwest along the Seaboard Airline Railway to the Northwest Expressway; Northwest along the Northwest Expressway to Howell Mill Road; north along Howell Mill Road to Peachtree Creek at the point of beginning. Also 3-U Beginning at the intersection of the northwest Expressway and Peachtree Creek extending generally east along Peachtree Creek to Howell Mill Road; south along Howell Mill Road to the Northwest Expressway; northwest along the Northwest Expressway to Peachtree Creek at the point of beginning. Also 5-D Beginning at the intersection of Howell Mill Road and West Wesley Road; east along West Wesley Road to Peachtree Road; continuing east along East Wesley Road to Acorn Avenue; south along Acorn Avenue to Lindbergh Drive; west along Lindbergh Drive to Peachtree Road; southwest along Peachtree Road to Peachtree Creek; generally west along Peachtree Creek to Howell Mill Road; north along Howell Mill Road to West Wesley Road at the point of beginning.

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Also 5-F Beginning at the intersection of Acorn Avenue and East Wesley Road; extending east along East Wesley Road to Sharondale Drive; continuing east on the north line of land lots 59 and 48 to the Southern Railway; southwest along the Southern Railway to Peachtree Creek; generally west along Peachtree Creek to Peachtree Road; northeast along Peachtree Road to Lindbergh Drive; east along Lindbergh Drive to Acorn Avenue; north along Acorn Avenue to East Wesley Road at the point of beginning. Also 8-B Beginning at the intersection of Peachtree Road and Pharr Road; extending east along Pharr Road to Piedmont Road; northwest along Piedmont Road to East Paces Ferry Road; northeast along East Paces Ferry Road to Lenox Road; southeast along Lenox Road to the Southern Railway; southwest along the Southern Railway to the north line of land lot 48, 17th district, Fulton County; west along the north line of land lots 48 and 59 to East Wesley Road at Sharondale Drive; west along East Wesley Road to Peachtree Road; northeast along Peachtree Road to Pharr Road at the point of beginning. Also 8-E Beginning at the intersection of Pharr Road and Peachtree Road; extending northeast along Peachtree Road to the city limits; south along the city limits to the Southern Railway; southwest along the Southern Railway to Lenox Road; northwest along Lenox Road to East Paces Ferry Road; southwest along East Paces Ferry Road to Piedmont Road; southeast along Piedmont Road to Pharr Road; west along Pharr Road to Peachtree Road at the point of beginning. A candidate for the House of Representatives in a Representative District having more than one Representative

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shall designate the Representative Post for which he offers as a candidate. This shall apply to all primaries and elections of whatever kind. Such Posts shall be designated by numbers, beginning with Post Number 1 and ending with the number equaling the total number of Representatives in such District. At the time of his election, a member of the House of Representatives must have been a resident of the territory from which elected for at least one year immediately preceding such time. Each Representative shall be elected only by the voters of his Representative District. Qualifications, elections. The first members elected pursuant to the above apportionment shall take office on the convening day of the session of the General Assembly of Georgia on the second Monday in January of 1966. Until that time, the apportionment of the House of Representatives as it existed prior to the above apportionment shall continue in full force and effect, and the members of the House of Representatives elected under such previous apportionment provisions shall continue to serve until the aforesaid time. The above apportionment provisions shall be effective, however, for the purpose of electing the members who are to take office in 1966 as aforesaid. Such members taking office in 1966 shall hold office until their successors are elected and take the oath of office for the session of the General Assembly of Georgia which convenes in 1967. Such successors and future successors shall be elected under the provisions of the above apportionment of the House of Representatives. First election, etc. Section 1A. 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, sub-sections, 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 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965. RATES FOR LEGAL ADVERTISEMENTS. Code 39-1105 Amended. No. 79 (House Bill No. 188). An Act to amend Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 271), and an Act approved February 14, 1964 (Ga. L. 1964, p. 77), so as to make uniform the rates to be allowed to the publishers for publishing legal advertisements in any and all counties of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 39-1105, relating to rates to be allowed to publishers for publishing legal advertisements, as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 271), and an Act approved February 14, 1964 (Ga. L. 1964, p. 77), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 39-1105 to read as follows: 39-1105 . The rates to be allowed to publishers for publishing legal advertisements shall be as follows: For each 100 words, the sum of $2.00 for each insertion for the first four insertions; for each subsequent insertion, the sum of $1.00 per 100 words. In all cases fractional parts shall be charged for at the same rates; and no ordinary, sheriff, coroner, clerk, marshall or other officer shall receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1965. NUMBER OF MEMBERS OF HOUSE OF REPRESENTATIVES, ETC. No. 81 (House Bill No. 281). An Act to provide that the House of Representatives shall consist of 205 members; to provide that such 205 members be apportioned among Representative Districts with no District having more than 4 members; to provide for the designation of Posts; to provide that Representatives shall be elected by the voters of the District they represent; to provide that the passage of this Act shall not preclude the General Assembly from considering and enacting legislation providing for a different number of members of the House of Representatives; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The House of Representatives shall be composed of 205 Representatives to be apportioned among Representative Districts in the State, with no such District being entitled to more than 4 Representatives. A candidate for the office of Representative in a Representative District having more than one Representative shall designate the Representative Post for which he offers. Such Posts shall be designated by numbers. Each Representative shall be elected by the voters of the District which he represents. Section 2. The passage of this Act shall not preclude the General Assembly from considering and enacting legislation providing for a different number of members of the House of Representatives, either larger or smaller than the number 205 provided for hereinbefore.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1965. PROTECTION OF PERSONS SUFFERING FROM CERTAIN ILLNESSES. No. 88 (House Bill No. 485). An Act to provide that any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods, or complete unconsciousness shall be authorized to wear an identification bracelet or metal tag with certain information engraved or stamped thereon, or to carry an identification card with certain information imprinted thereon; to prescribe certain duties for law enforcement officers in connection with the treatment of such persons; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person who suffers from epilepsy, diabetes, a cardiac condition, or any other type of illness which causes temporary black outs, semi-conscious periods, or complete unconsciousness is hereby authorized to wear an identification bracelet or metal tag or carry an identification card with the person's name, type of illness, physician's name, and medication required, engraved, stamped, or imprinted thereon. Identification. Section 2. It shall be the duty of all law enforcement officers in this State to make a diligent effort to determine if any person they may find in a semi-conscious or unconscious condition is an epileptic or diabetic or a person who is suffering from any other type of illness which would cause semi-consciousness or unconsciousness, before such

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person may be charged with a crime. If any law enforcement officer shall determine that such a person is actually suffering from an affliction which would cause semi-consciousness or unconsciousness, it shall be his duty to notify such person's physician immediately or to have such person immediately transported to a physician or to some facility where the services of a physician are available. Duty of officers. Section 3. Any person who willfully and knowingly falsifies such identification or deliberately misrepresents such an illness shall be guilty of a misdemeanor. Crime. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1965. GEORGIA BIOLOGICAL PERMIT ACT. No. 90 (House Bill No. 524). An Act to be known as the Georgia Biological Permit Act to safeguard the public health and promote the public welfare; to require the obtaining of a permit to operate, maintain, open, or establish any store, manufacturing plant, warehouse or other establishment that manufactures, prepares, produces, sells, offers for sale, distributes or stores any type biological not used on human beings; to provide for the registration thereof; to provide conditions in regard to the granting of said permit; to provide for applications for permits; to provide for the issuance of permits; to provide for the refusal to issue permits; to provide that permits are not transferable; to provide for the temporary continuance of permits on the death of a permit holder; to provide for the suspension of said permits; to provide for the revocation of said permits; to provide for the displaying of said permits; to provide for the employment of field agents, clerical help, and other qualified persons; to provide for rules and regulations;

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to provide for enforcement; to provide for penalties and punishment; to provide for hearings on complaints; to provide that certain producers, manufacturers, or distributors are not required to obtain permits as provided under this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Georgia Biological Permit Act. Short title. Section 2. From and after the passage of this Act, the Department shall require and provide for the registration of every producer, manufacturer, or distributor selling, offering for sale, exposing for sale, distributing or storing for sale any biological as defined by Dorland's Illustrated Medical Dictionary, 23rd Edition, or any supplement thereto, the same to be intended for use in the diagnosis, cure, treatment and prevention of diseases in creatures other than man. Any person, firm, corporation or co-partnership desiring to operate, maintain, open or establish such a business in regard to biologicals as stated above shall apply to the Department of Agriculture for a permit to do so. The application for such permit shall be made on a form prescribed and furnished by the Commissioner of Agriculture, which when properly executed, shall indicate the owner, manager, trustee, lessee, receiver or other person or persons desiring such permit, as well as the location of such business. If said application is found satisfactory, the Commissioner of Agriculture shall issue to the applicant a permit for each said business for which application is made. Provided, however, that the provisions of this section shall not apply to any department of Federal or State Government or any county board of health or to any person, firm, association or corporation whose primary use of such biologicals covered by this Act is the sale at retail to the general public. Permits used under this Act shall not be transferable. Definitions, permits, etc. Section 3. Permits issued under the provisions of section 2 of this Act shall be posted in a conspicuous place in said business. Permits.

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Section 4. Any person, firm, corporation, co-partnership or permittee who shall violate the provisions of sections 2 and 3 hereof shall be deemed guilty of a misdemeanor and punished or prosecuted by law as for a misdemeanor. Crimes. Section 5. Any person, firm, corporation, co-partnership or permittee hereunder who shall have been convicted of two or more successive violations of the provisions of sections 2 and 3 of this Act or of the rules and regulations adopted by the Commissioner of Agriculture in pursuance to the powers hereby conferred, shall at the discretion of the Commissioner have such permit permanently revoked and the Commissioner is hereby authorized to refuse the issuance of further permits to such person, firm, corporation, co-partnership or permittee. Revocation of permits. Section 6. Any person aggrieved by the rules and regulations promulgated by the said Commissioner of Agriculture under the provisions of this Act shall be entitled to have his complaint set down for a hearing by said Commissioner in accordance with the Georgia Administrative Procedure Act. Requests for such hearing shall be made in writing and shall specify in detail the basis for the complaint, and the hearing shall be held within ten days from the date of the receipt of said request by the said Commissioner unless postponed by mutual agreement. The said Commissioner shall have the power to make such rules and regulations with respect to the conduct of such hearings as may be necessary. Hearings, etc. Any person, firm, corporation, co-partnership or permittee that is refused a permit or whose permit is revoked or suspended by the Commissioner shall be entitled to appeal to a jury and superior court of the county in which the business is located. Said appeal to be had as in other cases, provided by law upon payment of costs on the making of the affidavit in lieu thereof, as provided by law in other cases. Service shall be perfected as now required by law in civil actions and the Commissioner shall submit to the jurisdiction of said court.

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Section 7. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary to carry out the provisions and intention of this Act and not inconsistent with law. The Commissioner is hereby authorized to revoke or suspend any permit issued under the provisions of this Act at any time when examination or inspection shall disclose a violation of any rule or regulation promulgated in accordance with this Act. Provided, however, that no license, permit or certificate or other similar right shall be revoked or suspended without opportunity for hearing in accordance with the Georgia Administrative Procedure Act. Rules. Section 8. The Commissioner of Agriculture shall have the power and authority to employ field agents, clerical help and other qualified personnel as may be necessary to carry out the purposes and enforce the provisions of this Act. Field agents, etc. Section 9. It shall be the duty of each county prosecuting attorney to whom the Commissioner or some other person shall report any violations of this Act to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided. Prosecutions. Section 10. The Commissioner or any person, corporation, firm or association in addition to the remedy set forth, may apply to a court having competent jurisdiction over the parties and subject matter for a writ of injunction to restrain repetitious violations of the provisions of this Act. Such action may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Injunctions. Section 11. Upon the death of a person to whom a permit has been issued under the provisions of this Act, and timely notification thereof to the Commissioner of Agriculture, the permit issued to such deceased person shall continue in full force and effect for a period of sixty days from the date of the death of such person, and without the necessity of renewal as provided for and during the sixty-day period,

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subject, however, to the other provisions contained herein and applying to permit holders in life. Permits. Section 12. The following acts and the causing thereof within the State of Georgia are prohibited: (a) The manufacture, sale or delivery, holding or offering for sale of any biologicals that are adulterated or misbranded. (b) The receipt in commerce of any such biologicals that are adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise. Prohibitions. (c) The dissemination of any false advertisement. (d) The refusal to permit entry or inspection or to permit the taking of a sample of any biologicals. (e) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Georgia, from whom he received in good faith the biological. (f) The removal or disposal of detained or embargoed biologicals. (g) The adulteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act, with respect to a biological if such act is done while such biologicals are held for sale and results in such biologicals being misbranded. (h) The using, on the labeling of any biologicals or in any advertisement relating to such biologicals covered by this Act, or any representation or suggestion that such biologicals have been approved by the Department of Agriculture. Section 13. For any violation of section 12, the Commissioner

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shall have the right to suspend or revoke the permit as mentioned in section 2, subject, however, to the right of appeal as mentioned in section 6. The Commissioner of Agriculture may suspend or revoke the permit as specified in section 2 of this Act for any violation of section 12 or any rule and regulation as promulgated by the Commissioner under the powers and authority given him by this Act. It shall be unlawful for any business covered by this Act to operate or conduct such business while the permit issued for the conducting of such business is in suspension or revocation and the penalty for such violation shall be the same penalty as specified in section 4. Revocation of permits, etc. Section 14. Nothing in this Act shall be held to prohibit the Commissioner of Agriculture from exercising any power which he now may exercise in regard to the seizing, destruction and withhold from sale orders of adulterated or misbranded products. Intent. Section 15. The provisions of this Act shall become effective on July 1, 1965. Effective date. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. PROPERTY EXEMPT FROM TAXATIONLAYING HENS. No. 91 (House Bill No. 526). An Act to amend an Act, relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 1183), and an Act approved February 23, 1955 (Ga. L. 1955, p. 262); so as to redefine the word production as used in this Act; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the exemption of property from taxation, approved January 31, 1946 (Ga. L. 1946, p. 12), as amended by an Act approved March 27, 1947, (Ga. L. 1947, p. 1183), and an Act approved February 23, 1955 (Ga. L. 1955, p. 262), is hereby amended by adding to section 1 (a) after the words: but not longer than for the year next after their production, the following words: ; the word production as applied to laying hens shall mean from the time that such laying hens come into production at age six months rather than when said laying hens are hatched., so that when so amended, section 1 (a) shall read as follows: Section 1 (a). All public property; places of religious worship or burial, and all property owned by religious groups used only for single family residences and from which no income is derived; all institutions of purely public charity; hospitals not operated for the purpose of private or corporate profit and income; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of, religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for and used as a college, non-profit hospital, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges; non-profit hospitals, incorporated academies or seminaries of learning, providing the same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, non-profit hospitals, incorporated

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academies or other seminaries of learning as are open to the general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institutions, this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property; farm products, including baled cotton grown in this State and remaining in the hands of the producer, but not longer than for the year next after their production; the word `production' as applied to laying hens shall mean from the time that such laying hens come into production at age six months rather than when said laying hens are hatched. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965.

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CERTIFIED PUBLIC ACCOUNTANTSQUALIFICATIONS. Code 84-207 Amended. No. 92 (Senate Bill No. 65). An Act to amend Code Section 84-207, relating to certification of accountants, as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 85), and an Act approved March 19, 1943 (Ga. L. 1943, p. 363), so as to change the qualifications required applicants for certification as certified public accountants; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-207, relating to certification of accountants, as amended particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 85), and an Act approved March 19, 1943 (Ga. L. 1943, p. 363), is hereby amended by striking Code section 84-207, as it now appears, and inserting in lieu thereof a new Code section 84-207 to read as follows: 84-207. Qualifications of applicants for certification . (a) Applicants for certificates as certified public accountants must be citizens of the United States and residents of this State, over the age of twenty-one years, and of good moral character. (b) Applicants for a certificate as a certified public accountant who first apply to sit for the examination prior to June 30, 1967, must have completed at least a four-year high school course, or have received the equivalent in commercial experience in accounting prior to the date of application, the value of any such experience to be determined by the Board. Such applicants must have had at least three years continuous experience in public accounting immediately

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preceding the date of issuance of the certificate. The Board may, in its discretion, accept four years continuous practice or employment by the Federal Government or this State in the examination of financial records, in lieu of two of such years experience in public accounting, or may accept evidence of sufficient technical education in accounting in lieu of one year of such practical experience in public accounting, the sufficiency of any such education or experience to be determined by the Board. The Board may waive the requirement of three years continous experience in public accounting if the applicant has had at least five years of practical experience in public accounting and the last year of such experience is immediately preceding the issuance of the certificate; (c) Applicants for a certificate as a certified public accountant who first apply to sit for the examination after June 30, 1967, and prior to June 30, 1969, shall present with their applications such evidence as may be required by the Board that they have (1) successfully completed not less than a two year course of study in one or more colleges or universities, or (2) have been graduated from a junior college, accredited by a recognized national or regional accrediting organization recognized by the Board, or what the Board determines to be substantially the equivalent of (1) or (2) above. Such applicant must otherwise meet all requirements of (a) and (b) above, relating to citizenship, residence, age, character, and experience. (d) Applicants for a certificate as a certified public accountant who first apply to sit for the examination after June 30, 1969, shall present with their applications such evidence as may be required by the Board that they have received a baccalaureate degree, or completed the requirements therefor, conferred by a college or university, accredited by a recognized national or regional accrediting organization recognized by the Board, with a major in accounting, or what the Board determines to be substantially the equivalent of the foregoing; or with a nonaccounting major, supplemented by what the Board determines to be substantially the equivalent of an accounting major, including

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related courses in other areas of business administration. Such applicants must also meet the requirements of (a) above, relating to citizenship, residence, age and character. Practical experience of such applicants shall be two years continuous experience in public accounting immediately preceding the date of issuance of the certificate; and, provided further, the Board may, in its discretion, accept two years continuous practice or employment by the Federal Government or this State in the examination of financial records, in lieu of one of such years experience in public accounting; and provided further, the Board may accept evidence that the applicant has received a master's degree in accounting, or the equivalent, in lieu of one of such years practical experience in public accounting, if such degree was conferred by a recognized institution, as set forth above. The substitution of both governmental experience and a master's degree may not be accepted, and nothing herein is intended to remove the minimum requirement that all applicants must have at least one year's practical experience in public accounting to be eligible to be certified. (e) The Board shall waive the educational requirement specified in (b), (c) or (d) above for any applicant if such applicant shall pass a special written examination given the applicant by the Board to test his educational qualifications; and provided further, the Board may provide for the general scope for such special written examination to test the applicant's educational qualifications by regulation, not inconsistent with this Chapter. Section 2. This Act shall become effective upon its approval by the Governor, or at such other time as it may become law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965.

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INSPECTION OF VEHICLES, ETC. No. 93 (House Bill No. 278). 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, 1960 (Ga. L. 1960, p. 950), and an Act approved April 3, 1963 (Ga. L. 1963, p. 333), so as to require that certain approved safety glazing materials shall be used in the replacement of windshields, side or rear windows of motor vehicles; to provide the procedure connected therewith; to increase the time within which a vehicle may be allowed to meet the requirements prescribed for a certificate of inspection; to exempt certain vehicles from the requirements of the inspection law; to provide what equipment shall be inspected on vehicles; to authorize the director to make necessary rules and regulations concerning equipment used by inspectors; to require dealers of motor vehicles to have a certificate of inspection placed on certain vehicles sold after July 1, 1965; to extend the time within which the initial inspections for vehicles shall be made; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 950), and an Act approved April 3, 1963 (Ga. L. 1963, p. 333), is hereby amended by adding to section 121, four new subsections to be designated subsections (c), (d), (e) and (f), to read as follows: (c) Any person, firm or corporation engaged in the business of replacing windshields or any side or rear windows of motor vehicles, which are subject to the provisions of this section, shall not replace such windshields or side or rear windows with any glazing material other than safety glazing material approved by the Director. Replacement of windshields, etc.

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(d) The Director shall compile and publish a list of types of glazing materials by name approved by him as meeting the requirements of this section and the Director shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glazing material, and he shall thereafter suspend the registration of any motor vehicle so subject to this section which he finds is not so equipped until it is made to conform to the requirements of this section. Approved glazing materials. (e) This section shall not be construed to require that side or rear windows of motor vehicles which were replaced or installed prior to the effective date of this section must be replaced with safety glazing materials as defined herein. Side and rear windows. (f) Any person, firm or corporation violating the provisions of subsections (a) and (c) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 2. Said Act is further amended by striking from subsection (c) of section 124 the figure 5 and inserting in lieu thereof the figure 30, so that when so amended subsection (c) of section 124 shall read as follows: (c) In the event such vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment the officer shall give a written notice to the driver and shall send a copy to the department. Said notice shall require that such vehicle be placed in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of inspection and approval be obtained within 30 days. Repair of vehicles. Section 3. Said Act is further amended by striking from subsection (b) of section 125 the figure 5 and inserting in lieu thereof the figure 30, so that when so amended subsection (b) of section 125 shall read as follows:

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(b) Every owner or driver, upon receiving a notice as provided in section 124, shall comply therewith and shall within 30 days secure an official certificate of inspection and approval which shall be issued in duplicate, one copy to be retained by the owner or driver and the other copy to be forwarded to the department. In lieu of compliance with this paragraph, the vehicle shall not be operated, except as provided in the next succeeding paragraph. Same. Section 4. Said Act is further amended by striking in its entirety subsection (a) of section 126 and substituting in lieu thereof a new subsection to read as follows: (a) The director shall once each year require that every motor vehicle, trailer and semi-trailer registered in this State be inspected and that an official certificate of inspection and approval be obtained for each such vehicle. Provided, however, those trailers or semi-trailers which are built upon a chassis and are designed to be used as a dwelling without a permanent foundation and which exceed a width of 8 feet and a length of 29 feet or a gross weight of 4,500 pounds shall not be subject to the provisions of this section. Inspections. Such inspections shall be made and such certificates obtained with respect to the following equipment of every such vehicle: (1) Brakes . The performance ability of brakes shall meet those minimum requirements prescribed by subsection (b) of section 115 of this Act. The brakes shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. In addition, the inspector shall make a visual inspection, without the necessity of disassembly, to insure that the vehicle is free from any leaks in the braking system, that no cables are frayed to any great extent and that the rods are in a safe condition, that there is at least 1 inch of pedal reserve for power brakes with the brake applied and at least 2 inches of pedal reserve for regular brakes when applied, that there are no loose hubs or loose stud bolts, and that the fluid level in the master cylinder is adequate.

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(2) Lights . All lights located upon the exterior of the vehicle shall be in working order. a. Those vehicles equipped with headlamps shall be inspected to determine that each headlamp burns with at least the minimum candlepower output as follows: 1. For multiple beam headlamps5,000 candlepower 2. For dual headlamp systems7,000 candlepower and that the headlamps are adjusted within the following tolerances: b. Aim InspectionVisual Method . For horizontal and vertical beam, aim sideways and up and down. 1. Any upper beam of a symmetrical beam headlamp (all singleand double-beam lamps such as sealed beam 5-3/4 inch Type 1 and sealed beam 7-inch except Type 2) where the center of the high-intensity zone is: (a) Horizontally more than 6 inches to the right or left of straight ahead. (b) Vertically above or more than 4 inches below the lamp center level. 2. Any lower beam of an asymmetrical beam headlamp such as sealed beam 5-3/4-inch Type 2 and sealed beam 7-inch Type 2 lamps where: (a) Horizontally the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right. (b) Vertically the top edge of the high-intensity zone is more than 2 inches above or below the lamp center level. 3. Any symmetrical beam fog lamp where the center of the high-intensity zone is more than 6 inches right or left

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of straight ahead, or where the top edge of the high-intensity zone is higher than 2 inches below the fog lamp center level. 4. Any asymmetrical beam fog lamp where the left edge of the high-intensity zone is to the left of straight ahead or is more than 6 inches to the right, or where the top edge of the high-intensity zone is above the fog lamp center level. c. Aim InspectionMechanical Method . 1. Sealed Beam 7-inch except Type 2 and Sealed Beam 5-3/4-inch Type 1 Lamps. (a) Where aim is horizontal (sideways), approval shall be refused if graduation is more than 4 to the right or left of straight ahead. Mechanical aim graduation shall be set at zero straight ahead when a lamp is reaimed. (b) When aim is vertical (up and down), approval shall be refused if graduation is higher than 1/2 down or lower than 3-1/2 down. Mechanical aim graduation shall be set at 2 down when one is reaiming. 2. Sealed Beam 7-inch Type 2 and 5-3/4-inch Type 2 Lamps. (a) When aim is horizontal (sideways), approval shall be refused if graduation is to the left of straight ahead or more than 6 to the right. Mechanical aim graduation shall be set at 1/2 to the right of straight ahead when a lamp is reaimed. (b) When aim is vertical (up and down), approval shall be refused if graduation is higher than 1/2 down or lower than 3-1/2 down. Mechanical aim graduation shall be set at 2 down when one is reaiming. (3) Turn Signals . All vehicles which, at the time of inspection, are equipped with turn signaling devices shall be in working order.

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(4) Reflectors . All vehicles shall be inspected to insure that all reflectors required by section 107 of this Act are present and in good order. (5) Windshield Wiper Blades . Every vehicle shall have the windshield wiper located upon the driver's side in good working order, if said vehicle is equipped with a windshield. (6) Rear View Mirror . Every vehicle shall have a mirror so located as to reflect to the driver a view of the highway to his rear. (7) Windshield and Windows . a. The windshield of every vehicle shall have no obstruction located in the arc created by the windshield wiper on the driver's side of the vehicle, provided, however, a single crack shall not be considered an obstruction. b. No opaque material shall be employed in lieu of any glass. c. When any original equipment glass has been replaced on any vehicle, the replacement must meet the standards prescribed by section 121 of this Act. d. Provided, however, nothing contained herein shall require that every vehicle shall have a front windshield. (8) Horn . Every vehicle shall be equipped with a horn capable of emitting a sound which, under normal conditions, shall be audible from a distance of two hundred feet. (9) Tires . All tires shall have measurable tread, free from any breaks. An inspection shall be made to determine if there are loose or missing lug bolts. No vehicle shall be passed if there is visible wheel damage present. Regrooved tires are permitted only upon truck tires. No retreaded tires shall be permitted upon the front wheels of buses. (10) Seat Belts . All 1965 and later model private, passenger

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automobiles shall be inspected for and must have two sets of seat belts for the front seat thereof. (11) Steering and Wheel Alignment . a. An inspection shall be made to determine if there is top to bottom looseness present in either front wheel which exceeds three-eights of an inch. b. The wheels shall be inspected so that with the wheels pointed straight ahead, if there is an excess of free motion in the steering wheel which exceed thirty degrees, the vehicle shall be rejected. c. Subject to the tolerances as provided for above, all front end parts must be tight. d. The vehicle shall be rejected if the springs are broken, or if there are missing or broken spring bolts or damaged spring hangers. e. A vehicle shall be rejected if jamming is noted when wheels are turned a full turn to the right or left while the vehicle is jacked. f. There shall be no leaks in the power steering system. (12) General Inspection . The vehicle shall be rejected if any of the following defects are detected: a. Defective or dislocated parts which protrude from the vehicle. b. All attachments to the vehicle shall be firmly affixed thereto. c. All hood and door latches shall be in proper working condition. d. The lower half of the fifth wheel shall have a secure attachment.

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e. The locking mechanism of the fifth wheel shall be in proper working condition and the locking `I' checked for possible elongation. f. The metal support between the frame flanges at points where U-bolts attach the lower fifth wheel to a truck shall be in good condition as well as the U-bolts. The fifth wheel cross pin shall be checked for excessive play. (13) 3 Antique Cars . Vehicles which are thirty years or older and bear historic license plates shall be inspected to insure that the original safety equipment is in good working condition. Technical specifications as set forth in this Section shall not apply to such automobiles. However, if such vehicles are operated at night, they shall meet all of the lighting requirements required by this article. The director is authorized to prescribe by rules and regulations the type and kind of equipment which may be used by the inspector in making those inspections of the equipment of vehicles which are conducted through the use of equipment as opposed to the visual and manual inspection of the inspector. Inspection equipment. After the initial inspection of motor vehicles under the provisions of this Act, all subsequent inspections shall be conducted and a certificate of inspection and approval must be obtained within a twelve month period from the date of the last inspection. The first inspection of vehicles under the provisions of this Section shall be completed by October 31, 1965. Annual inspection. Section 5. Said Act is further amended by renumbering section 126E as section 126F and by inserting following section 126D a new section to be numbered section 126E to read as follows: Section 126E.New and used car dealers . After July 1, 1965, no dealer engaged in the business of selling new or used motor vehicles shall sell at retail any vehicle required to be inspected by this Article unless the dealer shall have

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said vehicle inspected in accordance with the provisions of this Article and a current official inspection certificate is obtained for said motor vehicle and placed thereon. Section 6. Said Act is further amended by striking from renumbered section 126F the following 126D and substituting in lieu thereof 126E, so that when so amended renumbered 126F shall read as follows: Section 126F.Penalties . Any person violating the provisions of sections 123 through 126E shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 7. Said Act is further amended by adding to Article XVI a new section to be numbered section 126G and to read as follows: Section 126G . Notwithstanding any provision of this Act to the contrary, any motor vehicle which is not operated upon the public roads at those times which, by the provisions of sections 103 and 104 of this Act, the headlamps of such a motor vehicle are required to be in operation shall not be inspected in accordance with the provisions of subparagraph (2) of subsection (a) of section 126 of this Article, and said vehicles shall not be required to have the exterior lights located upon such vehicles in working order. Exterior lights on certain vehicles. Section 8. Sections 2 and 3 of the amendatory Act approved April 3, 1963 (Ga. L. 1963, p. 333), relating to the exemptions of certain vehicles from the requirement that their lights be maintained in an operating condition and prescribing an effective date and that date by which the initial inspections of motor vehicles shall be completed, are hereby repealed in their entirety. of 1963 Act repealed. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965.

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ABANDONMENT OF CHILDRENPUNISHMENT. Code 74-9902 Amended. No. 95 (Senate Bill No. 106). An Act to amend Code section 74-9902, relating to abandonment of children and the penalty therefor, as amended, so as to change the penalty provisions regarding abandonment under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 74-9902, relating to abandonment of children and the penalty therefor, as amended, is hereby amended by striking Code section 74-9902 in its entirety and inserting in lieu thereof a new Code section 74-9902 to read as follows: 74-9902. Abandonment of child; husband and wife as witnesses; `dependent condition'; effect or former conviction or acquittal .If any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, he or she, as the case may be, shall be guilty of a misdemeanor: Provided, however, if any father or mother shall wilfully and voluntarily abandon his or her child, either legitimate or illegitimate, leaving it in a dependent condition, and shall leave this State he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reducible to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food, clothing or shelter for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall

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not be a bar to further prosecution therefor under this section, if it shall be made to appear that said child was in a dependent condition as defined herein for a period of 30 days prior to the commencement of prosecution. Provided, however, that any person, upon conviction of the third offense for violating the provisions of this section shall be guilty of a felony and shall, upon conviction thereof, be imprisoned in the penitentiary for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor by any judge presiding at the trial as provided in Code section 27-2501. Provided, however, if during the trial of any person charged with the offense defined in this section, and such person contends that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall charge the jury that if its verdict is for the acquittal of such person, and that its reason for so finding is that such person is not the father or mother of the child alleged to have been abandoned, that its verdict shall so state, or if the person charged with the offense defined in this section is tried before the court without the intervention of the jury and the court renders a verdict of acquittal based on the contention of such person that he or she is not the father or mother, as the case may be, of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. In the event the verdict of the jury or the court shall be for acquittal of such person, and its reason for so doing is that such person is not the father or mother of the child alleged to have been abandoned, such person cannot thereafter again be tried for the offense of abandoning said child, and said verdict shall be a bar to all civil and criminal proceedings attempting to compel such person to support said child. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965.

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EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED1965 ACT REPEALED. No. 101 (Senate Bill No. 218). An Act to amend an Act establishing an Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 3, 1965 (Act No. 48, Ga. L. 1965), so as to remove the provisions providing creditable service for certain members; to remove the provisions authorizing the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representatives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries of the Senate and Clerks of the House of Representatives thereafter elected by the members of the respective houses, if not already a member, to become members of the Employees' Retirement System of Georgia; to provide for the effect of this Act on certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing an Employees' Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, particularly by an Act approved March 3, 1965 (Act No. 48, Ga. L. 1965), is hereby amended by striking subection (17) of section 4, which was added by the aforesaid amendatory Act of 1965, in its entirety. Section 2. Said Act is further amended by striking from subsection (7) of section 3 the following language, which was added by the aforesaid amendatory Act of 1965: Notwithstanding any other provisions of this Act or of any law, the Secretary of the Senate elected by the members of the Senate on January 11, 1965, and the Clerk of the House of Representatives elected by the members of the House of Representatives on January 11, 1965, and all Secretaries

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of the Senate and Clerks of the House of Representatives thereafter elected by members of the respective Houses, if not already a member, are hereby authorized to become members of the Employees Retirement System of Georgia established by this Act. (a) In the event such Secretary or Clerk was a member of the System on January 11, 1965, beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. All rights, credits, and funds of said System which are or were possessed by such Secretary or Clerk are hereby continued and it is the expressed intention of the General Assembly that any such Secretary or Clerk shall not lose any rights, credits or funds to which they were entitled prior to being elected and while serving as such Secretary or Clerk. Such Secretary or Clerk shall continue to be a member of the System subject to the provisions of this paragraph. (b) In the event such Secretary or Clerk elected on January 11, 1965, was not a member of the System on said date, such Secretary or Clerk shall become a member of the System by filing an application with the Executive Secretary thereof on or before April 1, 1965. The Secretary or Clerk elected on January 11, 1965, upon becoming a member of the System as herein provided, if not already a member, shall be entitled to and shall receive prior service credits and creditable service as if such Secretary or Clerk was a member of the System on January 1, 1950, upon compliance with the provisions of this paragraph. Employer and employee contributions for the Secretary or Clerk elected on January 11, 1965, for the period from January 1, 1950 to

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January 1, 1965, are hereby determined to be the amount that would have accumulated with interest at four and one-quarter percent compounded annually as employer and employee contributions during such period had such Secretary or Clerk been receiving monthly compensation equal to one-twelfth of the total sums such Secretary or Clerk received from State funds less mileage allowances and actual travel expenses during the calendar year 1964 as reflected by State audits. Before being entitled to the prior service credits and creditable service provided herein, such Secretary or Clerk shall pay into the Annuity Savings Fund an amount equal to the amount that would have been paid by such Secretary or Clerk had he been a member of the System receiving monthly compensation from January 1, 1950 through December 31, 1964, as reflected from records of any city court and from State funds as reflected in the State audits less mileage allowance and actual travel expenses. The State Treasurer is hereby authorized and directed to pay all remaining contributions as herein determined which would have been reported for such Secretary or Clerk had he become a member on January 1, 1950, to December 31, 1964, from funds appropriated to or otherwise available to the legislative branch of government into the Pension Accumulation Fund in such manner and over such period of time as shall be allowed by the Board of Trustees. Eligibility for and the amount of Survivors' Benefits (Group Term Life Insurance) for such Secretary or Clerk who was not a member on January 11, 1965, shall be based upon the attained age of such person as of the effective date of his membership with the System. Beginning January 1, 1965, employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year.

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(c) All Secretaries of the Senate and all Clerks of the House of Representatives elected subsequent to January 11, 1965, shall become a member of the System upon taking office. The employer and employee contributions of such Secretary or Clerk are hereby determined to be based on the total amount received from State funds less mileage allowance and actual travel expenses. In the computation of benefits including Survivors' Benefits (Group Term Life Insurance) payable to an individual, earnable compensation will be computed on a calendar year basis and such individual's monthly compensation will be deemed to be one-twelfth of the compensation reported to the Retirement System for services rendered for that position during the last reported completed calendar year. (d) The State Treasurer is hereby authorized and directed to pay all employer contributions from funds appropriated to or otherwise made available to the legislative branch of government. Section 3. Said Act is further amended by striking subsection (18) of section 4, which was added by the aforesaid amendatory Act of 1965, in its entirety. Section 4. Each person who would have been covered or who would have been eligible for coverage under the provisions of the Act approved March 3, 1965 (Act No. 48, Ga. Laws 1965), which are being stricken by this Act, shall be in exactly the same position in relation to the Employee's Retirement System of Georgia as if said 1965 Act had never become law, and any money, check or other negotiable instrument which has been tendered to said System by any such person as a result of the passage of said 1965 Act, shall be returned to the person tendering same, if the same was accepted by the System, but the application of such person in connection therewith had not been acted upon by the Board of Trustees of the System. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965.

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ELECTIONSACT REQUIRING NOVEMBER ELECTIONS NOT APPLICABLE IN CERTAIN COUNTIES DURING 1965. Code 34-802 Amended. No. 103 (Senate Bill No. 93). An Act to amend Code Section 34-802, relating to certain public offiicals being elected at the November election, so as to provide that such section shall not apply to members of county governing authorities in counties of a certain population under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-802, relating to certain public officials being elected at the November election, is hereby amended by adding at the end thereof the following: The provisions of this section shall not apply to any member of the governing authority of any county with a population of not less than 34,050 and not more than 34,200, or any county possessing a population of not less than 18,100 nor more than 18,400, according to the U.S. decennial census of 1960 or any future such census, if the Act creating such governing authority, or any amendment thereto, provides for the election of such member at a time other than as specified in this Section., so that when so amended Code section 34-802 shall read as follows: Section 34-802. November election . The Governor, statehouse officers, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, Judges of the Superior Courts, Solicitors General, members of the General Assembly, county officers, Justices of the Peace, and constables shall be elected in the November election next preceding the expiration of the term of office. The provisions of this section shall not apply to any member of

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the governing authority of any county with a population of not less than 34,050 and not more than 34,200, or any county possessing a population of not less than 18,100 nor more than 18,400, according to the U. S. decennial census of 1960 or any future such census, if the Act creating such governing authority, or any amendment thereto, provides for the election of such member at a time other than as specified in this Section. Where not applicable. Section 2. This Act shall apply to the elections held in the counties affected in 1965 and not thereafter. On December 31, 1965 this Act shall stand repealed and subsequent elections for members of governing authorities in the counties affected will be held on the regular November elction date. Effective date and repealer. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. COURT REPORTERS OF SUPERIOR COURTS IN CERTAIN COUNTIES. No. 106 (Senate Bill No. 116). An Act to amend an Act entitled An Act to provide for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants according to the United States Census of 1960 or any future census, to provide for the method of their appointment, their duties, compensation, to repeal conflicting laws; and for other purposes., approved April 2, 1963 (Ga. L. 1963, Vol. 1, p. 302), so as to clarify the duties and compensation of such official court reporters by providing that the compensation provided for in said Act shall be in full payment for all services rendered in attending all civil, criminal and domestic relations sessions of the superior

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courts of any such county and for attending and transcribing hearings at chambers and for reporting and transcribing the proceedings in all trials of criminal cases including the charges of the courts; to further provide that such official court reporters shall be entitled to receive from the parties litigant compensation at the rate of 20 cents per hundred words for reporting and 25 cents per hundred words for transcribing the proceedings and charges of the Court in the trial of all civil or domestic relations cases; to provide that the compensation of the reporter shall be $525.00 per month; provide that where there is more than one judge in any such circuit, that the judges of the divisions handling civil and criminal matters, as distinguished from domestic relations matters, shall each appoint an official court reporter; to provide that such judges of the superior courts may appoint a temporary court reporter or reporters when it becomes necessary therefor to dispatch the business of the courts and to make payment out of the county treasury and provide for fees for reporting and transcribing proceedings for parties litigant in civil matters; on the same basis as herein provided for the permanent reporters; 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 appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants according to the United States Census of 1960 or any future census, to provide for the method of their appointment, their duties, compensation, to repeal conflicting laws; and for other purposes., approved April 2, 1963 (Ga. L. 1963, Vol. 1, p. 302), is hereby amended by striking section 2 and substituting in lieu thereof a new section 2 to read as follows: Where applicable. Section 2. In those counties where there is more than one judge the judges of the divisions handling civil and criminal matters, as distinguished from domestic relations matters, shall each appoint an official court reporter. Appointments.

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Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. That the salary of each of such official court reporters shall be $525.00 per month which amounts shall be in full payment for all services rendered in attending all civil, criminal and domestic relations sessions of the superior courts of any such counties and for attending any hearings at chambers and for reporting and transcribing proceedings in all trials or hearings of criminal cases, including the charges of the courts. Such reporters shall be entitled to receive from the parties litigant compensation at the rate of 20 cents per hundred words for reporting and 25 cents per hundred words for transcribing the proceedings and charges of the court in the trial of all civil and domestic relations cases. Salaries and duties. Section 3. Said Act is further amended by adding a new section to be numbered section 10 to read as follows: Section 10. That the judge of the superior courts may appoint a temporary official court reporter or reporters when it becomes necessary to dispatch business of the Courts and provide for payment therefor out of the County Treasury and provide for their fees for reporting and transcribing proceedings in civil matters on the same basis as provided for permanent reporters. Temporary reporters. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. MOTOR VEHICLESIZE AND LOAD LIMITATIONS. No. 109 (House Bill No. 663). An Act to amend an Act governing and regulating the use of the public roads and highways of this State, approved

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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), an Act approved February 4, 1959 (Ga. L. 1959, p. 27), and an Act approved February 17, 1964 (Ga. L. 1964, p. 83), so as to provide that farming equipment may exceed the prescribed width, length or height without requiring special permit, when such equipment is being operated upon certain public roads or highways during daylight hours within a certain radius of the owner's residence; 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), an Act approved February 4, 1959 (Ga. L. 1959, p. 27), and an Act approved February 17, 1964 (Ga. L. 1964, p. 83), is hereby amended by striking at the end of subsection (a) of section 1 the punctuation mark . and inserting in lieu thereof the punctuation mark ;, and by adding thereto the following language: and provided further, that farming or agricultural equipment, whether self-propelled or being hauled, may exceed the width, height or length herein fixed without requiring a special permit, when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of 20 miles of the residence of the owner, except on any highway comprising a portion of the National System of Interstate and Defense Highways., Farm equipment. so that when so amended subsection (a) of section 1 shall read as follows:

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(a) No vehicle shall exceed a total outside width, including load thereon, of 96 inches, not including mirrors and accessories attached thereto; no vehicle unladen or with load shall exceed a height of 13 feet six inches; no vehicle or combination of vehicles shall exceed a total length of 55 feet; single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided 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 $1: provided, however, that loads of poles, logs, lumber, structural steel, piping and timber may exceed the length herein fixed without requiring special permit; and provided further, that farming or agricultural equipment, whether self-propelled or being hauled, may exceed the width, height or length herein fixed without requiring a special permit, when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of 20 miles of the residence of the owner, except on any highway comprising a portion of the National System of Interstate and Defense Highways. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 111 (House Bill No. 496). An Act to amend an Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of

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its affairs; to provide for the management of the funds of said system; to provide a method of financing said systems; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approved January 26, 1950 (Ga. L. 1950, p. 32), an Act approved February 16, 1950 (Ga. L. 1950, p. 261), an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 238), an Act approved March 2, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 373), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. L. 1956, p. 400), an Act approved March 25, 1958 (Ga. L. 1958, p. 690), and an Act approved April 5, 1961 (Ga. L. 1961, p. 392), so as to provide a reduction of the allowance which a member shall receive upon service retirement in the case of the retirement of such member prior to his attainment of the age of 63 years; to provide for a limitation of the total State contribution to said system; to provide the procedure relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, particularly by an Act approve January 26, 1950 (Ga. L. 1950, p. 32), an Act approved February 16, 1950 (Ga. L. 1950, p. 261), an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 238), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 373), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 114), an Act approved February 27, 1956 (Ga. L. 1956, p. 400), an Act approved March 25, 1958 (Ga. L. 1958, p. 690), and an Act approved

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April 5, 1961 (Ga. L. 1961, p. 392), is hereby amended by striking from section 5 (2) (c) the figure 65 wherever the same appears therein and inserting in lieu thereof the figure 63, so that when so amended section 5 (2) (c) shall read as follows: (c) In the case of the retirement of any member prior to his attainment of the age of 63 years, the service allowance above described shall be reduced by 1/12 of 3% for each month by which his age at the time of retirement is below 63 years. The aforesaid reduction shall not apply in calculating the service allowance for disability retirement or death. Any retirement benefits or allowances provided or authorized by this Act shall not increase the employer contributions beyond the percentage rate of 8.29% of teachers' salaries. Early retirement. Section 2. No funds shall be expended or paid under the provisions of section 1 of this Act until such time as House Bill 1115 of the 1962 session, as changed by Senate Bill 164 of the 1963 session, relative to providing a minimum floor of $5.00 for each year of service up to 40 years for those members of the Teachers' Retirement System who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount. Effective date. Section 3. This Act shall become effective July 1, 1965. Same. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. GEORGIA STATE SCHOLARSHIP COMMISSION No. 116 (Senate Bill No. 7). 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

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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 in 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 sub-committees to assist in the selection of recipients for scholarships; to provide for compensation for the members of the Commission and subcommittees; to provide for personnel; 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 the Commission and the recipients of scholarships; to provide an effective date for budgets and appropriations; to provide the procedure connected with the foregoing; to repeal an Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. L. 1964, p. 699), and to abolish the Commission created thereunder; 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

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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 defined and 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 six (6%) 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 the members of the Board of Directors of the Georgia Higher Education Assistance Corporation created by an Act of the General Assembly of Georgia with the power, authority and responsibility to govern and administer the program of the State Scholarship Commission, as provided by law. Section 4. Terms of Members of the Commission .The terms of office of members of the State Scholarship Commission shall be the same, and run concurrently with the terms of Directors of the Georgia Higher Education Assistance Corporation as provided by the Act creating the Corporation. 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

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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. The Commission shall be authorized to employ such professionally qualified personnel as may be necessary to effectuate the purposes of the Commission and of this Act. The Chairman shall be authorized to appoint subcommittees composed of representatives from each profession represented in the scholarship program to assist in the selection of recipients for scholarships in that particular profession. Persons appointed to the subcommittees shall not receive any compensation for their services but shall be reimbursed for expenses of travel and lodging. Section 6. Vacancies in Office .Vacancies for any cause shall be filled by appointment 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 at a regular time established by the Commission, and may meet at such other times as the Chairman may designate by giving at least five (5)

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days notice. 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; determine the areas in which specific services are needed; 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; allow or disallow all applications for scholarships, or renewal of scholarships; contract, increase, decrease, terminate and otherwise regulate all grants for scholarships and their repayment in cash or services; and 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 desires a scholarship in an area in which specific services are needed in Georgia; (2) that he is a bona fide resident of Georgia; (3) 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; (4) that he is a person of good moral character;

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(5) 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 a non-profit educational institution approved by the Commission. (6) that he has capacity to profit by the course of study for which he seeks aid. In determining an applicant's 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 Georgia 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

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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 fields of study of each recipient, the amount of the scholarship awards, an accounting of the funds expended on scholarships and on the administration of the program and a budget 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 including six (6%) 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. 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) Budgets and Appropriations .For budgetary and appropriation purposes the Commission shall specify the various areas of study purposes for which scholarships under this Act may be awarded, request a specific appropriation for each such classification and it is contemplated

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that the appropriation to the Commission shall be in an amount for each such classification. However, the provisions of this section shall not become effective until July 1, 1965. (b) Payment of Funds to Commission .All payments of funds appropriated for scholarships hereunder shall be made prior to the time funds are needed by requisition of the Commission signed by the Executive 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. Section 11. Specific Repealer . The Act creating the Georgia State Scholarship Commission, approved March 18, 1964 (Ga. L. 1964, p. 699), is hereby repealed in its entirety and the Commission created thereunder is hereby abolished. Section 12. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION. No. 117 (Senate Bill No. 8). 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;

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to provide for the establishment of scholastic eligibility for a loan; to provide for examination and reports; to provide for dissolution; to provide for other matters relative to the foregoing; to repeal an Act creating the Georgia Higher Education Assistance Corporation, approved March 25, 1964 (Ga. L. 1964, p. 735) and to abolish the Board of Directors created thereunder; to repeal conflicting laws; and for other purposes. 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 provision of this Act and pursuant to the Constitution of this State. Purposes. 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. Definitions. 2. Board shall mean the Board of Directors of the Georgia Higher Education Assistance Corporation. 3. College shall mean any non-profit institution of higher education either within or without the State of Georgia, recognized and approved as such by the Corporation, 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 its corporate powers exercised, by a Board of Directors

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which shall consist of members as follows: The Chancellor of the University System of Georgia, the Chairman of the Board of Regents, and the State Budget Officer; and one member from each congressional district in the State and two additional members from the State at large, appointed by the Governor and confirmed by the Senate. Initially, the Governor shall appoint two members to serve for a period of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, two members for a term of five years, and two members for a term of six years. Thereafter, all members appointed by the Governor shall serve for six-year terms. Neither the Governor nor any other State official, not designated herein, shall be appointed a member of this Board. All members shall serve until their successors are appointed and qualified. All appointive members shall be at least twenty-one years of age, citizens of the United States, and residents of Georgia for at least two years. All such members shall take office immediately after their appointment, and their successors shall be appointed at least thirty days prior to the time they are to take office. Members shall be eligible to succeed themselves. In the event of a vacancy on the Board, the Governor shall appoint a person to serve the unexpired term, subject to confirmation by the Senate. All appointments made when the Senate is not in session shall be effective ad interim. Appointive members of the Board shall receive as compensation for their services a per diem of twenty ($20.00) dollars and expenses for travel and lodging. Members of the Board who are State employees shall receive no compensation for their services, but shall be reimbursed for expenses incurred by them in the performance of their duties under this Act as hereinafter provided. Board of directors, etc. (b) The officers of the Board of Directors of the Corporation shall consist of a Chairman, Vice Chairman and Executive Director. The Board shall elect from its own members a Chairman and Vice Chairman who shall serve for terms of one year and who shall be eligible for reelection for successive terms. Officers.

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The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation 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 Corporation 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 Corporation. The Executive Director shall properly account for all funds coming into his hands as Executive Director and Treasurer. He shall keep full and permanent minutes and records of all proceedings and actions of the Board of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. He shall serve without further remuneration. He shall be authorized to employ with the approval of the Board such qualified personnel as may be necessary to effectuate the purposes of the Corporation and of this Act. Executive director. (c) The Board shall provide for the holding of regular and special meetings. A majority of the direcors shall constitute a quorum for the transaction of any business and, unless a greater number is required by the by-laws of the Corporation, the act of the majority of the directors present at any meeting shall be deemed the act of the Board. Meetings. (d) The Board shall adopt by-laws for the Corporation and shall approve the appointment of such officers and employees as it deems advisable and may fix their compensation and prescribe their duties. By-laws. (e) The Board may elect an Executive Committee of not less than seven 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. The concurrence of five members of such Committee shall be the act of such Committee. Any action of the Executive Committee shall be binding upon the corporation unless such action is rescinded at the next regular meeting of the Board of Directors. Provided, further, any State employee serving

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on this Committee 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 contained in this Act to persons who are bona fide 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: $ 900.00 for the freshman year; $1,000.00 for the sophomore year; $1,200.00 for the junior year; $1,200.00 for the senior year; Amount of loans. $1,500.00 for each graduate year; and a total of not to exceed $7,500.00. Powers. 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

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State and the Corporation shall have no power to make its debts payable out of any monies except those of the Corporation. Property, debts (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 college of any loan guaranteed by the Corporation, including applications therefor and repayment thereof. Contracts. (4) To sue and be sued in the name of the Corporation. Actions. (5) To adopt rules and regulations not inconsistent with law governing the application for and administration and repayment of loans guaranteed by the Corporation. Rules. (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. Life insurance. Section 6. The loans provided herein may be made by commerical 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 per cent per annum. 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 seven years from the date such loan was originally made. The borrower shall be liable to the Corporation for all such interest so paid by the Corporation, and the Corporation shall

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be subrogated to the rights of the lender for all interest and any principal paid by it for the account of the borrower. Interest, rate, etc. 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 the principal of any such loan at a rate in excess of $50.00 per month, except in case of default, but the Corporation shall encourage more rapid repayment where practicable. The time for repayment may be deferred for the length of time spent in service with the armed forces, not to exceed two years. Terms of loans. Section 9. Acceptance of the applicant by a college shall establish scholastic eligibility for a loan. Scholastic eligibility. Section 10. 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. Contracts. Section 11. All contributions made to the Corporation shall be deductible for State income tax purposes. Contributions. Section 12. 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. Property exempt from taxation. Section 13. The Corporation shall be subject to examination

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by the State Auditor. The Corporation shall make an annual report of its condition to the Governor and to the members of the General Assembly on or before December first of each year. Audits. Section 14. 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. Termination of corporation. Section 15. The Act creating the Georgia Higher Education Assistance Corporation, approved March 25, 1964 (Ga. L. 1964, p. 735), is hereby repealed in its entirety and the Board of Directors created thereunder is hereby abolished. 1964 Act repealed. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1965. GEORGIA ELECTION CODE AMENDEDNOTICE OF CANDIDACY. Code 34-1001 Amended. No. 118 (House Bill No. 248). An Act to amend section 34-1001, relating to filing notice of candidacy, of the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, so as to change the number of days prior to the general election within which any candidate required to accompany his notice of candidacy with a nomination petition must file such notice; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 34-1001, relating to filing notice of candidacy, of the Georgia Election Code, as the same is codified in Title 34 of the Code of Georgia, is hereby amended by striking from the last sentence of subsection (b) the word fifty, and inserting in lieu thereof the word and figure sixty (60), so that when so amended subsection (b) shall read as follows: (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address and the office he is seeking, in the office of the Secretary of State at least thirty days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for membership in the House of Representatives of the General Assembly or to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office and each candidate for membership in the House of Representatives of the General Assembly, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least thirty days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least sixty (60) days prior to the general election. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 22, 1965.

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GEORGIA ELECTION CODE AMENDED. Code 34-1103, 34-1220 Amended. No. 120 (Senate Bill No. 75). An Act to amend the Georgia Election Code, relating to the comprehensive regulation of federal, state and county elections and of primaries to nominate candidates for federal, state and county offices, approved June 24, 1964 (Ga. L. 1964, Ex. Sess., p. 26, et seq.), so as to provide that the names of political party or body candidates for the offices of presidential electors shall be printed on the ballot in a separate column to the right of the column listing the other candidates of such political party or body; to provide that no vote recorder shall be adopted or used in this State unless it shall, when used in conjunction with a tabulating machine, preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote, and shall otherwise preclude the counting of over-votes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (d) of section 34-1103 of the Georgia Election Code, approved June 24, 1964 (Ga. L., 1964, Ex. Sess., p. 26, et seq.), prescribing the manner of placing the names of candidates for the offices of presidential electors on ballots, is hereby amended by striking the last sentence of such subsection (d) in its entirety and inserting in lieu thereof a new sentence to read as follows: The names of these candidates shall be printed on the ballot in a separate column to the right of the column listing the other candidates of such party or body. Presidential electors. Section 2. Subsection (e) of section 34-1220 of the said Georgia Election Code, relating to the requirement that a vote recorder shall preclude an elector from over-voting, is hereby amended by striking such subsection (e) in its

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entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate, or upon any question, for whom or upon which an elector is not entitled to vote, and shall preclude the counting of votes for more persons for any office than he is entitled to vote for, and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;. Vote recorders. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 22, 1965. CORONERSDEPUTY CORONERS IN CERTAIN COUNTIES. Code 21-101 Amended. No. 128 (House Bill No. 371). An Act to amend Code section 21-101 of the Code of the State of Georgia relating to coroners to provide in counties in this State having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future United States census, the coroner may appoint, subject to the approval of such appointment by the county governing authorities in such counties, a deputy coroner to act in the coroner's stead when the coroner is temporarily absent from the county or temporarily physically unable to act, provided such deputy coroner, upon appointment, takes the oaths

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of office and provides bond as required by law of the coroner, the salary of said deputy coroner, and the providing for his expenses, to be paid from the county treasury and to be solely in the discretion of the county governing authorities as to amount; and for other purposes: Be it enacted, and it is hereby enacted, by the General Assembly of the State of Georgia, as follows: Section 1. Section 21-101 of the Code of the State of Georgia pertaining to coroners is hereby amended by adding thereto the following: In each county in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future census, the coroner may appoint, subject to the approval of such appointment by the county governing authorities in such counties, a deputy coroner to act in the coroner's stead when the coroner is temporarily absent from the county or temporarily physically unable to act, provided such deputy coroner, upon appointment, takes the oath of office and provides bond as required by law of the coroner; the salary of said deputy coroner, and the providing for his expenses, to be paid from the county treasury and to be solely in the discretion of the county governing authorities as to amount. Where applicable, etc. Section 2. All laws or parts of laws in conflict [Illegible Text] are repealed. Approved March 24, 1965. STATE GAME AND FISH COMMISSIONHONORARY FISHING LICENSES FOR DISABLED VETERANS. No. 131 (House Bill No. 700). An Act to amend an Act completely and exhaustively revising,

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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), and an Act approved March 11, 1964 (Ga. L. 1964, p. 461), so as to provide for honorary fishing licenses for totally disabled veterans who are 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), and an Act approved March 11, 1964 (Ga. L. 1964, p. 461), is hereby amended by adding at the end of the second subparagraph (a) of the second paragraph of section 31 the following: Any veteran, who is a legal resident of Georgia, who shall file with the commission a letter from the Veterans Administration stating that he is a totally disabled American veteran shall be issued a permanent honorary fishing license which shall entitle such veteran 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. Any veteran, who is a

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legal resident of Georgia, who shall file with the commission a letter from the Veterans Administration stating that he is a totally disabled American veteran shall be issued a permanent honorary fishing license which shall entitle such veteran 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 24, 1965. CRIMINAL PROCEDURESEXECUTION OF SENTENCES WHEN CONVICTION APPEALED. Code 27-2505 Amended. No. 136 (House Bill No. 14). An Act to amend Code section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, so as to make provisions for those instances where the defendant has failed to post bond or bail while appealing his conviction; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-2505, relating to the date from which the execution of sentences imposed in criminal cases shall be computed, is hereby amended by adding at the end thereof the following: Provided, however, in the event that a defendant has been convicted and sentenced, but because of his failure or inability to post bond or bail for any reason, he has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his sentence until the time when the remittitur of the appellate court is

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made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes., so that when so amended Code section 27-2505 shall read as follows: 27-2505. Time from which sentences run .It shall be the duty of the several judges, in the imposition of sentence for violation of the penal laws, to specify that the term of service under such sentence shall be computed as from the date of sentence, provided the defendant is confined in jail or otherwise incarcerated, and has no appeal or motion for new trial pending, except in such cases as may be appealed to the State Court of Appeals or the Supreme Court for reversal of the conviction, in which event the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. Provided, however, in the event that a defendant has been convicted and sentenced, but because of his failure or inability to post bond or bail for any reason, he has been incarcerated pending the prosectuion of an appeal to any court, the time of the original imposition of his sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. NON-RESIDENT MOTORIST ACT AMENDED. No. 137 (House Bill No. 92). An Act to amend an Act providing for service of process

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upon non-residents operating motor vehicles in this State, approved March 30, 1937 (Ga. L. 1937, pp. 732-735), as amended, so as to increase from two dollars ($2.00) to four dollars ($4.00) the fee of the Secretary of State for accepting service of process as an agent for such a non-resident motorist; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of an Act providing for service of process upon non-residents operating motor vehicles in this State, approved March 30, 1937 (Ga. L., 1937, pp. 732-735), as amended, is hereby amended by striking the words and figure two ($2.00) dollars therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Fees for services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SERVICE OF PROCESS ON FOREIGN TRUSTEES. No. 138 (House Bill No. 89). An Act to amend an Act providing for service of process on foreign trustees as to lands in this State, approved February 24, 1953 (Ga. L., 1953, Jan.-Feb. Sess., pp. 178-180), as amended, so as to increase from two dollars ($2.00) to four dollars ($4.00) the fee of the Secretary of State for accepting service of process as an agent for such a foreign trustee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of an Act providing for service of process on foreign trustees as to lands in this State, approved February 24, 1953 (Ga. L., 1953, Jan.-Feb. Sess.,

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pp. 178-180), as amended, is hereby amended by striking the figure $2.00 therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Fees for services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. GEORGIA HISTORICAL SOCIETYCHARTER AMENDED. No. 142 (House Bill No. 288). An Act to amend an Act entitled An Act to incorporate the `Georgia Historical Society' , assented to December 19, 1839 (Ga. L. 1839, p. 132), as amended by an Act approved October 25, 1870 (Ga. L. 1870, p. 386), so as to designate and name new members of the Society; to provide that the members of the Society shall constitute a body corporate and politic by the name of the Georgia Historical Society; to provide for perpetual succession of the Society; to provide for the rights, powers, authority, duties, and privileges of the members of the Georgia Historical Society; 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 incorporate the `Georgia Historical Society' , assented to December 19, 1839 (Ga. L. 1839, p. 132), as amended by an Act approved October 25, 1870 (Ga. L. 1870, p. 386), 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. The following named persons: Thomas H. Gignilliat, Col. Allen P. Julian, Josiah O. Hatch, Mrs. Verna E. Kelly, Alan S. Gaynor, Mrs. Lila H. Hawes, E. Merton Coulter, J. Craig Cranston, Robert S. Glenn, Alice H. Hayden, Lester Karow, John E. Ladson, Jr., Spencer Connerat,

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Jr., Herman W. Coolidge, Ralph F. Crutcher, Beverly M. DuBose, Jr., Mrs. F. P. Vanstory, F. R. Dulany, Folks Huxford, Shelby Myrick, Jr., Mrs. John R. Pidcock, Albert H. Stoddard, Jr., and such other persons as now are, and may from time to time become members of said Society, be, and they are hereby declared and constituted a body corporate and politic, by the name of the `Georgia Historical Society', and by that name shall have perpetual succession, and be capable to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts and places whatsoever; to have a common seal, and the same at pleasure to change and alter; to make, establish and ordain such a constitution, and such bylaws, not repugnant to the Constitution of this State, or of the United States, as shall, from time to time, be necessary and expedient, and to annex to the breach thereof, such penalty by fine, suspension or expulsion, as they may deem fit; and to purchase, take, receive, hold and enjoy, to them and their successors, any goods and chattels, lands and tenements, and to sell, lease, or otherwise dispose of the same, or any part thereof, at their will and pleasure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. CONTRACTS BY CERTAIN PERSONS EIGHTEEN YEARS OF AGE. No. 144 (House Bill No. 292). An Act to amend an Act entitled An Act to provide that any person who shall have reached his or her 18th birthday and who is married may execute notes, loan deeds, deeds to secure debts, 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), as amended by an Act approved March 4, 1964 (Ga. L.

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1964, p. 213), so as to authorize certain minors to execute conditional sales contracts for the purchase of personalty; 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 18th birthday and who is married may execute notes, loan deeds, deeds to secure debts, 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), as amended by an Act approved March 4, 1964 (Ga. L. 1964, p. 213), is hereby amended by adding a new section to be designated section 1A to read as follows: Section 1A. From and after the passage of this Act, any person who shall have reached his or her 18th birthday and who is married or entirely emancipated in such a manner that the parents or guardians of such child have entirely and completely surrendered the right to the care, custody and earnings of such minor as well as a renunciation of parental duties to such minor, may execute conditional sales contracts for the purchase of personalty; personalty shall be held to include but not be limited to furniture, automobiles and home appliances. The conditional sales contract executed by said minor shall be valid just as if such person had attained the age of 21 years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SERVICE OF PROCESS UPON CARNIVALS, ETC. No. 147 (House Bill No. 96). An Act to amend an Act providing for service of process

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upon carnivals, circuses, road shows, tent shows and other itinerant shows, approved March 13, 1957 (Ga. L. 1957, pp. 406-409), as amended, so as to increase from two dollars ($2.00) to four dollars ($4.00) the fee of the Secretary of State for accepting service of process as an agent for such a show; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (a) of section 1 of an Act providing for service of process upon carnivals, circuses, road shows, tent shows and other itinerant shows, approved March 13, 1957 (Ga. L. 1957, pp. 406-409), as amended, is hereby amended by striking the words and figure two ($2.00) dollars therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Fees for service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. DUTIES OF BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES. Code 92-6913 Amended. No. 149 (House Bill No. 430). 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 114,000 and not more than 120,000, 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

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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 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 114,000 but not more than 120,000, 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 where 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. Where applicable, etc. Section 2. This Act shall become effective on January 1, 1966. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1965. PRACTICE AND PROCEDURESERVICE OF PROCESS UPON MINORS AND INSANE PERSONS. Code 81-212 Amended. No. 163 (House Bill No. 374). An Act to amend Code section 81-212, relating to the method

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of service upon minors, as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 204), so as to provide that the method of service for minors shall be the same for insane persons with certain exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 81-212, relating to the method of service upon minors, as amended by an Act approved March 7, 1960 (Ga. L. 1960, p. 204), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 81-212 to read as follows: 81-212 . The mode of service of writs, petitions, citations, and other legal proceedings in the courts on minors and insane persons shall be as follows: Service shall be perfected on a minor and an insane person by delivering a copy of said proceeding, of whatever kind or nature it may be, to said minor or insane person personally; and in cases where there is a statutory or testamentary guardian or trustee representing the interest of the minor or insane person to be affected by a legal proceeding, service as usual on said guardian or trstee shall be sufficient to bind said minor's or insane person's interest in his control to be affected by said proceedings. When the returns of such service are made to the proper court, and an order taken to appoint for said minor or insane person a guardian ad litem, and such guardian ad litem agrees to serve in writing, all of which shall be shown in proceedings of the court, said minor or insane person shall be considered a party to said proceedings. Provided, however, the method of service upon minors and insane persons as is provided for herein shall not be exclusive but shall be cumulative of any other method of service upon such persons. In the event a different mode of service of any particular writ, petition, citation or any other legal proceeding is prescribed by law, the provisions of said laws shall govern the mode of service thereof and shall not be repealed by the provisions of this section. Section 2. All laws and parts of laws in conflict with

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this Act are hereby repealed. Approved March 24, 1965. SERVICE OF PROCESS UNDER GEORGIA SECURITIES ACT. No. 164 (House Bill No. 90). An Act to amend an Act providing for the regulation of the sale of securities in this State, approved February 26, 1957 (Ga. L. 1957, pp. 134-163), as amended, so as to fix the fee of the Commissioner of Securities for accepting service of process as an agent for a person executing a consent to service of process under the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 10 of an Act providing for the regulation of the sale of securities in this State, approved February 26, 1957 (Ga. L., 1957, pp. 134-163), as amended, is hereby amended by adding at the end of the said section 10 a new sentence to read as follows: The delivery of such duplicate copies shall be accompanied by a fee of four dollars ($4.00).. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SALE OF COUNTY OWNED REAL PROPERTY IN CERTAIN COUNTIES. Code 91-804A Amended. No. 165 (House Bill No. 85). An Act to amend an Act entitled An Act to amend Code

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section 91-8 pertaining to Inventory and Public Sale of Property..... approved March 17, 1959 (Ga. L. 1959, page 325) so as to provide for the private sale of county property under certain conditions 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. The period at the end of section 1 of said Act shall be stricken and there shall be added thereto the following: provided, however, in any county of the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future United States census, where the governing authority thereof has approved and recommended the sale or disposal of county-owned real property, the governing authorities of such county shall have the right to negotiate and consummate a private sale of any county-owned property, notwithstanding the provisions of the statute, provided the advice and approval, of such private sale, by the judge of the court of ordinary or the judge of the superior court of any such county is obtained, notice of application for such sale by private sale to be published once a week for two weeks in the newspaper in which legal advertisements of the county are published, before approval of such sale shall be granted, and said approval may be given at any time, at term or vacation, after said publication. Where applicable, etc. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 24, 1965. APPELLATE PRACTICE ACT OF 1965 AMENDED. No. 168 (House Bill No. 556). An Act to amend an Act entitled An Act to comprehensively and exhaustively revise, supersede, and modernize appellate and other post-trial procedure in civil and criminal

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cases; to redefine what judgments and rulings are subject to review; to provide that filing of a motion for a new trial shall be optional; to abolish bills of exception, exceptions pendente lite and assignments of error; to provide for institution of an appeal by the filing of notice of appeal, and to prescribe the procedure relating thereto; to provide for cross appeals; to authorize the grant of extensions of time for filing notice of appeal, notice of cross appeal, and other documents; to provide for supersedeas, supersedeas bonds and paupers' affidavit; to provide for a transcript of evidence and proceedings and the preparation and content thereof; to provide for transmission of the record on appeal; to define the instances in which an appeal may be dismissed; to require an enumeration of points in the briefs on appeal; to provide for joint appeals, joint motions for new trial, joint motions in arrest, and other joint motions; to redefine the procedure relating to motions for new trial; to require exceptions to the charge of the court in certain cases; to define the mode of service of notices of appeal, motions for new trial and other papers; to prescribe suggested forms; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 19, 1965, being Act No. 16 of the regular 1965 session of the General Assembly, so as to strike from section 13 the following: (4) where no brief is filed on behalf of the appellant within the time prescribed by the rules of the appellate court, and insert in lieu thereof the following: (4) where no enumeration of the errors relied upon is filed by appellant with the clerk of the appellate court within the time prescribed by section 14 hereof; to remove the provision from section 14 relative to filing an enumeration of the errors relied upon as a part of the brief of the appellant and cross appellant; to provide a time for filing an enumeration of errors; to provide an effective date; to amend section 24, relating to effective date, so as to redefine same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to comprehensively and exhaustively revise, supersede, and modernize appellate

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and other post-trial procedure in civil and criminal cases; to redefine what judgments and rulings are subject to review; to provide that filing of a motion for new trial shall be optional; to abolish bills of exception, exceptions pendente lite and assignments of error; to provide for institution of an appeal by the filing of notice of appeal, and to prescribe the procedure relating thereto; to provide for cross appeals; to authorize the grant of extensions of time for filing notice of appeal, notice of cross appeal, and other documents; to provide for supersedeas, supersedeas bonds and paupers' affidavit; to provide for a transcript of evidence and proceedings and the preparation and content thereof; to provide for transmission of the record on appeal; to define the instances in which an appeal may be dismissed; to require an enumeration of points in the briefs on appeal; to provide for joint appeals, joint motions for new trial, joint motions in arrest, and other joint motions; to redefine the procedure relating to motions for new trial; to require exceptions to the charge of the court in certain cases; to define the mode of service of notices of appeal, motions for new trial and other papers; to prescribe suggested forms; to provide an effective date; to repeal conflicting laws; and for other purposes., approved February 19, 1965, being Act No. 16 of the regular 1965 Session of the General Assembly, is hereby amended by striking from section 13 the following: (4) where no brief is filed on behalf of the appellant within the time prescribed by the rules of the appellate court, and inserting in lieu thereof the following: (4) where no enumeration of the errors relied upon is filed by appellant with the clerk of the appellate court within the time prescribed by section 14 hereof, Enumeration of errors. so that when so amended section 13 shall read as follows: Ga. L. 1965, p. 18. Section 13. (a) Failure of any party to perfect service of any notice or other paper hereunder shall not work dismissal,

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but the trial and appellate courts shall at any stage of the proceeding require that parties be served in such manner as will permit a just and expeditious determination of the appeal and shall, when necessary, grant such continuance as may be required under the circumstances. (b) No appeal shall be dismissed or its validity affected for any cause or consideration of any enumerated error refused, except for (1) failure to file notice of appeal within the time required as provided in this Act or within any extension of time granted hereunder; (2) where the decision of judgment is not then applicable; (3) where the questions presented have become moot; or (4) where no enumeration of the errors relied upon is filed by appellant with the clerk of the appellate court within the time prescribed by section 14 hereof. At any stage of the proceedings, either before or after argument, the court shall by order, either with or without motion, provide for all necessary amendments, require the trial court to make corrections in the record or transcript or certify what transpired below which does not appear from the record on appeal, require that additional portions of the record or transcript of proceedings be sent up, or require that a complete transcript of evidence and proceedings be prepared and sent up, or take any other action to perfect the appeal and record so that the appellate court can and will pass upon the appeal and not dismiss it. (c) Dismissal of the appeal shall not affect the validity of the cross appeal where notice therefor has been filed within the time required for cross appeals, and where the appellee would still stand to receive benefit or advantage by a decision of his cross appeal. Section 2. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. The appellant and cross appellant shall, at the time the brief is filed in the Supreme Court or the Court of Appeals, as the case may be, file with the clerk of the

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Appellate Court an enumeration of the errors relied upon, and shall likewise simultaneously file a copy of such enumeration of errors with the Trial Court, which shall set out separately each error relied upon. The enumeration need not set out or refer to portions of the record on appeal, shall be concise, and need not conform to the assignments of error abolished by these rules. It shall be served upon the appellee or cross appellee in the manner prescribed in section 18 hereof, need not have approval of the trial court, and when filed shall become a part of the record on appeal. Errors not enumerated according to this section shall be disregarded. Enumeration of errors, time of filing, etc. Section 3. Section 24 of said Act, prescribing an effective date, is hereby amended by striking same and substituting in lieu thereof the following: Section 24. This Act, as amended, shall become effective on August 1, 1965, and shall apply to all appeals filed on or after said date and any brief of evidence or record of proceedings filed prior to said effective date shall be supplemented by the addition of such additional matter, if any, as may be required to permit proper consideration of the appeal. Section 17 herein shall apply to all cases tried on or after August 1, 1965. Effective dates. Section 4. All laws and parts of [Illegible Text] in conflict with this Act are hereby repealed. Approved March 24, 1965. INVESTMENTS BY TRUST COMPANIES, ETC. No. 171 (House Bill No. 467). An Act to amend an Act requiring banks having and exercising trust powers, trust companies, savings banks,

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and security or guarantee companies doing a trust business to secure univested trust funds, approved March 26, 1935 (Ga. L. 1935, p. 484), as amended, to provide that such univested trust funds may also be secured by real estate loans which real estate loans are both secured by first lien on or first security title to improved realty and are also insured pursuant to provisions of any title of the National Housing Act; to provide that the owners of such trust funds shall have a lien on such real estate loans; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring banks having and exercising trust powers, trust companies, savings banks and security or guarantee companies doing a trust business to secure uninvested trust funds and providing that the owners of such funds shall have a lien thereon, approved March 26, 1935 (Ga. L. 1935, p. 484), as amended, is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. That all banks in this State having and exercising trust powers and privileges and trust companies, savings banks and security or guarantee companies and corporations doing a trust business or exercising the rights, powers and privileges of trust compinies and having on hand uninvested trust funds, shall secure them by setting aside with or pleading to their trust departments a sufficient amount of bonds of the United States of America or of the State of Georgia, at their par value, or real estate loans, which real estate loans are both secured by a first lien on or first security title to improved realty and also insured pursuant to the provisions of any title of the National Housing Act, at their fair market value, the same to be held and pledged as security for the payment from time to time of all univested trust funds, the par value of such bonds and the fair market value of such real estate loans to be at all times equal to the amount of such funds. Trust funds.

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Section 2. Section 2 of an Act requiring banks having and exercising trust powers, trust companies, savings banks and security or guarantee companies doing a trust business to secure uninvested trust funds, and providing that the owners of such funds have a lien thereon, approved March 26, 1935 (Ga. L. 1935, p. 484), as amended, be and the same is hereby amended by striking section 2 of said Act in its entirety and inserting in lieu thereof a new paragraph to read as follows: Section 2. That the beneficial owners or depositors of all univested trust funds in the possession of any bank having and exercising trust powers, trust company, savings bank or security or guarantee company or corporation doing a trust business, shall have at all times a first and prior lien on all bonds and real estate loans set aside or pledged to to the trust department of any depository coming under the provisions of this Act. Liens. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. IRWIN COUNTY SUPERIOR COURTTERMS. No. 174 (House Bill No. 36). An Act to be entitled an Act to change the terms of the Superior Court of Irwin 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 1965 and each year thereafter, the Superior Court of Irwin County shall convene on the third and fourth Mondays in February, the second and third Mondays in May, and the second and third Mondays in November of each year.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. DESCRIBED CONTRACTS TO BE IN WRITING. No. 176 (House Bill No. 275). An Act to provide that it shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person, firm or corporation engaged in the business of selling any type of merchandise in the State of Georgia to promise a consideration, either cash or otherwise, to a buyer of such merchandise for providing the names or other information relative to other prospective purchasers of such merchandise, unless the promise of such consideration is contained in the contract of sale between the seller and the buyer. Contracts to be in writing. Section 2. Any person, firm or corporation violating the provisions of section 1 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 24, 1965.

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INSURANCELICENSING OF SURPLUS LINE BROKERS. Code 56-618 Amended. No. 179 (House Bill No. 65). An Act to amend Code section 56-618, relating to the licensing requirements for surplus line brokers, so as to increase the bond required of the broker; to allow persons injured through transactions with brokers to maintain an action upon the bond of the broker; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-618, relating to the licensing requirements for surplus line brokers, is hereby amended by striking in its entirety subsection (4) of said Section and substituting in lieu thereof a new subsection (4) to read as follows: (4) Prior to the issuance of the license or any renewal thereof, the applicant shall file with the Commissioner, a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, executed by such applicant as principal and by a corporate surety authorized to do business in this State, in the penal sum of $20,000, conditioned that the broker will conduct the business in accordance with the provisions of this Title, that he will remit promptly the taxes provided for in section 56-623, and that he will account to any person requesting him to obtain insurance, for monies or premiums collected in connection therewith. No such bond shall be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965.

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STATE REAL PROPERTIES CONTROL COMMISSION ACT AMENDED. Code 91-103A Amended. No. 181 (House Bill No. 290). An Act to amend Code section 91-103A, relating to the creation of the State Real Properties Control Commission, so as to provide for biennial elections of a member of the House of Representatives and a member of the Senate to said Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 91-103A, relating to the creation of the State Real Properties Control Commission, is hereby amended by striking the word biannually as it appears in two places in subsection (a) of said section, and inserting in lieu thereof the word biennially in both of said places, so that when so amended Subsection (a) shall read as follows: (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 biennially 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 biennially thereafter. Such State Institutions and Property Committee shall elect one of its members to serve on the Commission

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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 of the Senate is elected in the 1965 regular session as hereinabove provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. PRACTICE AND PROCEDURECERTIFIED COPIES OF RECORDED DEEDS AS EVIDENCE No. 184 (House Bill No. 42). An Act to provide that a certified copy of a deed or any other instrument affecting real property which has been properly recorded in the office of the clerk of the superior court of the county or counties in which said real property is situated shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instrument; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A certified copy of a deed or any other instrument affecting real property which has been properly recorded in the office of the clerk of the superior court of the county or counties in which said property is situated, shall be admissible in evidence under the same rules which would apply to the original without the necessity of accounting for the original instrument. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965.

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GEORGIA MOTOR BOAT NUMBERING ACT AMENDED. No. 185 (House Bill No. 394). An Act to amend an Act known as the Georgia Motor Boat Numbering Act, approved March 7, 1960 (Ga. L. 1960, p. 235), as amended, so as to extend the renewal date of said motor boat licenses; 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 Motor Boat Numbering Act, approved March 7, 1960 (Ga. L. 1960, p. 235), as amended, is hereby amended by striking from paragraph (f) of section 7 the following words: December 31 of the third calendar year, and inserting in lieu thereof the following words: April 1 of the fourth calendar year, so that when so amended paragraph (f) of section 7 shall read as follows: (f) Every license awarded pursuant to this Act shall be for a period of not more than three calendar years and shall become subject to renewal after November 1 of the third calendar year of its use. However, such license shall be valid on through April 1 of the fourth calendar year of its use, but if not renewed prior to or on the last mentioned date said license shall lapse and expire and be of no further validity. On any renewal, provided the license has not lapsed, the user thereof shall continue to be assigned the same number. Renewal of licenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965.

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WATER RESOURCES CENTER. No. 186 (House Bill No. 497). An Act to designate the Georgia Institute of Technology as the State Agency for the establishment and operation of a center to conduct water resources research, and to make findings and recommendations; to designate such agency to make application for and receive Federal funds as shall be made available for such purposes; to authorize such agency to enter into contracts and agreements to further its purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Institute of Technology is hereby designated as the State Agency of the State of Georgia to establish and operate a center to be known as the Water Resources Center, or such other name as may be approved by the Board of Regents of the University System. Such center will be for the purpose of conducting research, investigations, experiments and training in relation to water and resources which affect water, and to publish and otherwise make available its findings, conclusions and recommendations arising from the research and projects conducted by such center. Water resources center. Section 2. Such center is hereby authorized to make application for and receive from the Federal Government such funds and grants as shall be made available under Public Law 88-379 of the 88th Congress (78 Stat. 329), and as the same may be hereafter amended, and to utilize and disburse such funds for such purposes and projects as will carry out the purposes of such a center. This center is also authorized to utilize such monies as may be made available to it for this purpose as matching funds to Federal monies for necessary expenses of specific water resources research projects which could not be otherwise undertaken under normal grants from the Federal Government. Powers.

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Section 3. Such center is authorized to enter into contracts, agreements and arrangements with other colleges and universities for participation in the work of such center. Such center shall also be authorized to enter into contracts and agreements with the Federal Government, with political subdivisions of this State, with private firms, foundations, institutions, or individuals, for specific research into any aspects of water problems as may be related to the purposes of this act. Contracts. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SOUTHWESTERN JUDICIAL CIRCUITSALARY OF SOLICITOR GENERAL. No. 188 (House Bill No. 141). An Act to amend an Act placing the solicitor general of the Southwestern Judicial Circuit on a salary basis in lieu of a fee basis approved August 18, 1917 (Ga. L. 1917, p. 295), as amended, particularly by an Act approved February 10, 1949 (Ga. L. 1949, p. 506), and an Act approved February 11, 1957 (Ga. L. 1957, p. 20), so as to change the compensation of the solicitor general of the Southwestern 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 Southwestern Judicial Circuit on a salary basis in lieu of a fee basis approved August 18, 1917 (Ga. L. 1917, p. 295), as amended, particularly by an Act approved February 10, 1949 (Ga. L. 1949, p. 506), and an Act approved February 11, 1957 (Ga. L. 1957, p. 20), is hereby amended by striking from section 2 the words and figure seven thousand seven

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hundred and fifty dollars ($7750.00), as they appear in two places in said section, and inserting in lieu thereof the words and figure nine thousand seven hundred and fifty dollars ($9750.00) in both of said places, so that when so amended section 2 shall read as follows: Section Two (2). The salary of the solicitor general of the said Southwestern Judicial Circuit shall be the sum of nine thousand seven hundred and fifty dollars ($9750.00) per annum in addition to the salary of $250.00 per annum paid from the treasury of the State of Georgia to said solicitor general as provided in paragraph 1, section 12, article 6 of the Constitution of the State of Georgia approved and adopted in the year 1945, and now set out in Georgia Laws 1945, page 53 thereof, and in Code of Georgia Annotated as section 2-4701; which said salary (additional to the constitutional salary of $250.00 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit upon the basis of population; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official Federal census of 1960, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding Federal census, and so on, according to each succeeding Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other county authority having control of county matters in each of said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor general in equal monthly installments, out of the funds of said counties, and upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners, or other county authorities, having control of county matters, to make provision annually, when levying taxes for expenses of courts, for the levying and collection of sufficient taxes, in their respective counties, for the purpose of paying the portion of said salary chargeable against their respective counties, as hereinbefore set forth; and the power to levy taxes for

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such purpose is hereby delegated to said counties. Said salary of nine thousand seven hundred and fifty dollars ($9750.00) and the constitutional salary of $250.00 shall be in full payment for all of the services of said solicitor general, for all traveling and other expenses and for all sums paid out by said solicitor general for clerical aid and legal assistants engaged or employed by him, except such other allowances as may be paid by the State as provided by law, and except as provided in section 5 of this Act. Provided, however, that the various counties composing said Southwestern Judicial Circuit shall furnish said solicitor general official stationery, indictments, accusations, sentences and legal forms, and postage, used in his legal duties, to be paid for by said various counties, upon the basis of population and in the same manner said salary fixed herein is paid by said counties, and authority is hereby given said counties, and each of them for the levying and collection of a tax by the county authorities of the various counties, and each of them, for the purpose of paying the salary of said solicitor general, and such other items as set out herein which are used by said solicitor general in the performance of his legal duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. NORTHEASTERN JUDICIAL CIRCUITTERMS. No. 191 (House Bill No. 116). An Act to provide for the terms of the superior courts of the counties comprising the Northeastern Judicial Circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The terms of the Superior Court of Dawson County shall commence on the first Monday in February and the first Monday in August of each year. Dawson county. Section 2. There shall be six terms of the Superior Court of Hall County as follows: January TermCommencing on the second Monday in January and continuing, until adjourned, during the week of the third Monday in January. March TermCommencing on the second Monday in March and continuing, until adjourned, during the week of the third Monday in March. May TermCommencing on the first Monday in May and continuing, until adjourned, during the week of the second Monday in May. Hall county. July TermCommencing on the second Monday in July and continuing, until adjourned, during the week of the third Monday in July. September TermCommencing on the second Monday in September and continuing, until adjourned, during the week of the third Monday in September. November TermCommencing on the first Monday in November and continuing, until adjourned, during the week of the second Monday in November. Section 3. The terms of the Superior Court of Lumpkin County shall commence on the fourth Monday in February and the fourth Monday in August of each year. Lumpkin county. Section 4. The terms of the Superior Court of White County shall commence on the first Monday in April and the first Monday in October of each year. White county. Section 5. The effective date of this Act shall be July 1, 1965. Effective date.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SERVICE OF PROCESS ON NON-RESIDENT MOTOR CARRIERS. No. 195 (House Bill No. 94). An Act to amend Chapter 68-5 of the Code of Georgia of 1933, as amended, concerning the regulation of motor carriers, so as to increase from three dollars ($3.00) to four dollars ($4.00) the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor carrier; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (a) of section 68-514 of the Code of Georgia of 1933, as amended, providing for service of process on non-resident motor carriers and the manner of serving same, is hereby amended by striking the words and figure three dollars ($3.00) therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Fee for service. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. MOUNTAIN JUDICIAL CIRCUITTERMS IN TOWNS COUNTY. No. 196 (House Bill No. 255). An Act to amend an Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. L. 1949, p. 266),

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as amended, so as to change the terms of the Superior Court of Towns County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Mountain Judicial Circuit, approved February 7, 1949 (Ga. L. 1949, p. 266), as amended, is hereby amended by striking from section 2 the following: Fourth Mondays in March and September., and inserting in lieu thereof the following: Third Mondays in March and September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. TAX RETURNS IN CERTAIN COUNTIES. Code 92-6206 Amended No. 197 (House Bill No. 431). An Act to amend Code section 92-6206 of the Code of Georgia of 1933, as amended, providing for the return of taxable lands to be made by the owner, his agent or attorney, to the tax receiver of the county where the land lies so as to provide that in counties having a population of 114,000 and not more than 120,000, according to the 1960 United States Census or any future such census, that any person, firm or corporation subject to taxation in any such county who fails to return such lands 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 such lands for taxes on the same property and at the same value for the current year as taxes were returned or paid next preceding in that

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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: Section 1. Code section 92-6206 of the Code of Georgia of 1933, as amended, providing for the return of taxable lands to be made by the owner, his agent or attorney, to the tax receiver of the county where the land lies be, and the same is hereby amended by adding at the end thereof the following language: Except in counties having a population of 114,000 and not more than 120,000, according to the 1960 United States Census and any future such census, any person, firm or corporation subject to taxation in any such counties who fails to return such lands 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 said property for taxes on 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. Where applicable. Section 2. This Act shall become effective January 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1965. SERVICE OF PROCESS UPON FOREIGN CORPORATIONS. No. 208 (House Bill No. 91). An Act to amend an Act providing for service of process upon foreign corporations not domesticated in this State

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but doing business therein, approved January 31, 1946 (Ga. L., 1946, pp. 687-690), as amended, so as to increase from two dollars ($2.00) to four dollars (4.00) the fee of the Secretary of State for accepting service of process as an agent for such a corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 3 of an Act providing for service of process upon foreign corporations not domesticated in this State but doing business therein, approved January 31, 1946 (Ga. L., 1946, pp. 687-690), as amended, is hereby amended by striking the figure $2.00 therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. INCOME TAX ACT AMENDEDEXEMPTIONS. Code 92-3106 Amended. No. 210 (House Bill No. 134). An Act to amend Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, so as to allow a personal exemption of six hunderd ($600.00) dollars for each son, stepson, daughter, stepdaughter, or ward of the taxpayer to be deducted from the taxpayer's net income, notwithstanding the gross income of such son, stepson, daughter, stepdaughter, or ward, if such dependent has not attained the age of 19 years or is a student as that term is defined in section 151(e) of the Internal Revenue Code of 1954; to repeal

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subsection (j) of Code section 92-3106, relating to the allowance of a credit for a dependent who is the income beneficiary of a trust; to provide definitions; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, is hereby amended by striking that portion of subsection (d) which reads as follows: (d). Six hundred dollars for each individual (other than husband and wife) who is a dependent of the taxpayer as defined in paragraph (d) (1) below, and whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $600.00. in its entirety and inserting in lieu thereof the following: (d). Six hundred ($600.00) dollars for each dependent (as defined in paragraph (d) (1) below): (A) whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than six hundred ($600.00) dollars; or (B) who is a son, stepson, daughter, stepdaughter, or ward of the taxpayer and who has not attained the age of nineteen (19) years at the close of the calendar year in which the taxable year of the taxpayer begins; or (C) who is a student as the term student is defined in section 151(e) of the Internal Revenue Code of 1954. Section 2. Code section 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining State income taxes, as amended, is hereby amended by repealing subsection (j) thereof, relating to

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the allowance of a credit for a dependent who is the income beneficiary of a trust, in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. The provisions of this Act shall become effective for all taxable years ending on or after December 31, 1965. Effective date. Approved March 24, 1965. CRIMESREMOVING, ETC., MANUFACTURERS' NUMBER FROM TOBACCO PRODUCTS. No. 211 (House Bill No. 16). An Act to provide that it shall be unlawful to willfully remove or obliterate the manufacturer's serial or code numbers appearing on any case, carton, package or container of any tobacco product; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to willfully remove, obliterate or otherwise render unreadable the manufacturer's serial or code number or other identifying marks appearing on any case, carton, package, container or any other packaging material of any tobacco product. Section 2. Any person willfully 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 24, 1965.

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PRACTICE AND PROCEDUREDIVORCE AND ALIMONY. No. 215 (House Bill No. 22). An Act to provide for an award of permanent alimony for the support of the wife and child or children, residents of the State of Georgia, by the husband and father where the husband and father has established a residence in a foreign country or state and there procured a divorce from his wife in which action the wife was never served personally, appeared, pleaded or otherwise waived jurisdiction of the foreign court; to provide that such action will not lie for a child or children whose custody and support was legally adjudicated in the foreign court; to provide for service; to provide for a hearing; to provide that the order of judgment shall be subject to modification; 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. Whenever any husband shall, in any foreign country or any other state of the United States of America, obtain a divorce from his wife, which said wife at the time of the filing of said divorce action was a resident of this State, and in which action the wife was served constructively and in which case the wife did not appear, plead or otherwise waive jurisdiction of the foreign court and in which she was not personally served with petition and process, the wife may, at any time subsequent to the granting of said foreign divorce decree, apply to the superior court in the county where she resides for an order and judgment for permanent alimony for the support of herself and the child or children of the parties, if any, said permanent alimony action to be filed, pleaded and tried as if no divorce decree had been entered and this she may do even though said foreign decree may be entitled to full faith and credit in dissolving the marriage; provided, however, that if the former husband shall have become a resident of Georgia such action shall be brought in the county of his residence. Permanent alimony when divorce obtained in foreign states.

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Section 2. The procedure herein provided for shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court, unless custody of such child or children shall subsequently be awarded to the wife by a court having jurisdiction of the parties. Not available when. Section 3. Such petition shall be served upon the husband as in actions for permanent alimony and heard by the judge unless a jury trial be demanded by either party to the cause; and the judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income or financial status of the husband under the same laws, terms and conditions as are now provided for in cases of permanent alimony. Procedure. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 219 (House Bill No. 618). 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, so as to require owners who sell or in any manner dispose of a vehicle as wreckage or salvage or who scrap, dismantle or destroy a vehicle to mail or deliver the certificate of title to the State Revenue Commissioner for cancellation, along with the manufacturer's serial plate from certain vehicles; to provide that a vehicle to which an insurance company has taken title in the settlement of a claim for damages to such vehicle by fire, collision or other causes shall be held and deemed to be wreckage or salvage and such insurance

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company shall be held and deemed to be the owner of such vehicle; to prohibit the purchase, acquisition in any manner or possession except as provided in this Act of a certificate of title or a manufacturer's serial plate for a vehicle which has been sold or disposed of as salvage or wreckage or a vehicle which has been scrapped, dismantled or destroyed; 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, is hereby amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20 to read as follows: Section 20. Wreckage or salvage; scrapping, dismantling or destroying vehicles .An owner who sells or in any manner disposes of a vehicle as wreckage or salvage, or who scraps, dismantles or destroys a vehicle shall within 72 hours mail or deliver the certificate of title to the Commissioner for cancellation, along with the manufacturer's serial plate from all vehicles which were manufactured less than five years prior to the then current model year. A certificate of title shall not again be issued except upon application containing the information the Commissioner requires. Provided, however, that for the purposes of this section a vehicle to which an insurance company has taken title in the settlement of a claim for damages to such vehicle by fire, collision or other causes shall be held and deemed to be wreckage or salvage and such insurance company shall be held and deemed to be the owner of such vehicle. No person shall purchase, acquire in any manner, or possess, except as herein provided, a certificate of title or, as to vehicles which were manufactured less than five years prior to the then current model year, a manufacturer's serial plate, for a vehicle which has been sold or disposed of as salvage or wreckage or a vehicle which has been scrapped, dismantled or destroyed.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. PRACTICE AND PROCEDUREFORFEITURE OF APPEARANCE BONDS. No. 221 (House Bill No. 554). An Act to provide that no judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal was prevented by some physical disability or by his incarceration from attending the proceedings upon which the bond is conditioned; 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. No judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in such bond was prevented from attending by some physical disability. Section 2. No judgment decreeing the forfeiture of any appearance bond shall be rendered if it is shown to the satisfaction of the court that the principal in such bond is prevented from attending because he is being detained in a jail or in a penitentiary in another jurisdiction. A sworn affidavit of the jailer, warden or other responsible officer of the jail or penitentiary in which the principal is being detained shall be considered adequate proof of the principal's detention. Section 3. If adequate proof is furnished within sixty days of forfeiture that the principal failed to appear on the date of forfeiture for the reasons herein set forth, the forfeiture shall be set aside.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 222 (House Bill No. 262). An Act to amend an Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide that any member in service, upon written application through his employer to the Board of Trustees may be retired by the Board of Trustees on disability and receive a disability retirement allowance; to provide the procedure connected with the foregoing; to provide the benefits to which a named beneficiary shall be entitled upon death of any member in service; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting

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laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking subsection (3) of section 5 in its entirety and inserting in lieu thereof a new subsection (3) of section 5 to read as follows: (3) Disability retirement allowance . (a) Any member in service, upon written application through his employer to the Board of Trustees, may be retired by the Board of Trustees on disability and receive an allowance as herein provided, subject to the following conditions: (i) Such member shall have 15 or more years of creditable service, or be at least age 60 with at least 10 years of creditable service; (ii) Application for disability retirement must be submitted not less than 30 nor more than 90 days in advance of the effective date of retirement; and (iii) The Medical Board, after a medical examination of such member by a qualified physician appointed by the Board of Trustees shall certify that he is mentally or physically incapacitated for further performance of duty involving active membership with the Teachers' Retirement System of Georgia, that such incapacity is likely to be permanent, and that he should be retired. Disability retirement allowances will commence the first day of the second month following the month in which application is made unless a later retirement date is indicated by the applicant on the application for retirement. (b) If the member has attained age 65, he shall receive a service retirement allowance as provided in subsection (2). Otherwise he shall receive a disability retirement allowance which shall consist of: (i) An annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement derived through the application of actuarial disability mortality tables approved by the Board of Trustees; and (ii) An annual pension computed under the formula provided in subsection (2), paragraph (b), but with no reduction for age less than 65 as provided in paragraph (c) of subsection (2). (c) In the event a member retiring on a disability retirement allowance elects an option under subsection (8)

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rather than the maximum allowance, then the member will receive a reduced retirement allowance based on actuarial disability mortality tables adopted by the Board of Trustees. The nearest year of attained age of both the retiring member and his designated beneficiary at date of retirement will be used in the application of the aforementioned actuarial tables to determine the monthly retirement benefits. Section 2. Said Act is further amended by striking subsection (4) of section 5 which reads as follows: (4) In accordance with subsection (3) of this section, upon disability retirement, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age 65, otherwise he shall receive a disability allowance or death allowance, as follows: (a) Said member's disability or death allowance shall be computed as a service retirement allowance on the basis of his creditable service and compensation up to the time of disability or death, as if he had attained the age of 65. Repealed. (b) In the application of the above relating to death allowances, computation shall be made on the same basis as though Option 2 as provided in subsection (8) of this section had been in effect: Provided, upon death of the member there is a named living beneficiary; otherwise the total amount of the member's contributions to the time of his death shall be payable to his estate., in its entirety. Section 3. Said Act is further amended by renumbering subsection (5) of section 5 as subsection (4) of section 5. Section 4. Said Act is further amended by adding at the end of section 5 a new subsection to be known as subsection (5) to read as follows: (5) Death Benefit . (a) Upon death of any member in service, leaving a named beneficiary, the beneficiary, depending upon the beneficiary designation form on file with the Teachers' Retirement System shall be entitled to: (i)

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A cash refund of the member's contributions and interest accumulated at the date of the member's death; or (ii) A monthly benefit computed in the same manner as though the member had retired as of the date of death on a disability allowance as provided for in (3) (c) above, electing Option 2 as provided in subsection (8); or (iii) A choice of electing either (i) or (ii) of this paragraph. (b) In order for a beneficiary to be eligible for a monthly death benefit under (ii) or (iii) of paragraph (a), the deceased member must have had a minimum of 15 years creditable service at the time of death, or have attained age 60 with 10 years of creditable service. The nearest year of attained age of both the member and the beneficiary at the time of the member's death will be used in the application of appropriate actuarial tables and in determining the monthly benefits of the beneficiary. A monthly death benefit will commence the first day of the month following the month in which the member's death occurred. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. LEGISLATIVE SERVICES COMMITTEEELECTION AND DUTIES OF LEGISLATIVE COUNSEL. No. 228 (House Bill No. 383). 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), and an Act approved March 11, 1964 (Ga. L. 1964, p. 459), so as to clarify the duties of the Legislative Counsel; to provide for the election of the Legislative Counsel; 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 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), and an Act approved March 11, 1964 (Ga. L. 1964, p. 459), 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. There is hereby created the Office of Legislative Counsel who shall be an attorney skilled and experienced in legislative matters and bill drafting. He shall assist the Committee in the performance of its duties. It shall be the duty of the Legislative Counsel to provide services equally available to each and every member of the General Assembly, which shall include but not be limited to, legislative counseling, bill drafting, and the maintaining of legislative reference material. He shall advise with the members of the General Assembly on legislative matters and prepare proposed legislation at the request of any member of the General Assembly. He shall also advise with committees of the General Assembly both during and between sessions and assist any committee with research and the preparation of reports, recommendations and related matters. He shall assist the Committee in the revision and codification of laws as provided for hereinbefore. He is authorized to perform research on legislative matters and related subjects and make reports and recommendations thereon. He is authorized to exchange information, data and material with similar agencies in other states. The Committee may delegate to the Legislative Counsel such of its duties and powers as the Committee deems desirable. He shall have such other and further duties as the General Assembly and the Committee may prescribe. Duties. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The Committee shall elect the Legislative Counsel subject to the approval of the Senate and the House of Representatives meeting in joint session, except that the

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present Legislative Counsel shall serve until such time as a new Legislative Counsel is elected by the Committee and approved by both branches of the General Assembly as hereinbefore provided. The Committee shall fix the compensation of the Legislative Counsel. Election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. PRACTICE AND PROCEDUREDORMANT JUDGMENTS. Code 110-1001 Amended. No. 231 (House Bill No. 378). An Act to amend Code section 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, as amended, so as to provide that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or re-recorded on the general execution docket with all entries thereon; 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 110-1001, providing the manner in which a judgment shall become dormant and shall not be enforced, as amended, is hereby amended by striking therefrom the following: Provided, that when an entry is filed for record more than seven years from the date of the execution, the execution shall be recorded with all entries thereon, but if filed within seven years, the entry shall be recorded on the original record of the execution., and inserting in lieu thereof the following:

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Provided, that when an entry on the execution or a written notice of public effort is filed for record, the execution shall be recorded or re-recorded on the general execution docket with all entries thereon., so that when so amended Code section 110-1001 shall read as follows: 110-1001. Dormancy of judgments .A judgment shall become dormant and shall not be enforced: 1. When seven years shall elapse after the rendition of the judgment before execution is issued thereon and entered on the general execution docket of the county wherein such judgment was rendered; or 2. Unless entry is made on the execution by an officer authorized to levy and return the same and such entry and the date thereof are entered by the clerk on the general execution docket within seven years after issuance of the execution and its record; or 3. Unless a bona fide public effort on the part of the plaintiff in execution to enforce the execution in the courts is made and due written notice of such effort, specifying the time of the institution of the suit or proceedings, the nature thereof, the names of the parties thereto and the name of the court in which it is pending, is filed by the plaintiff in execution or his attorney at law with the clerk and entered by said clerk on the general execution docket, all at such times and periods that seven years will not elapse between such entries of such notices or between such an enry and a proper entry made as prescribed in paragraph 2. The record of the execution made as prescribed in paragraph 1 of this section, or of every entry as prescribed in paragraph 2 or in paragraph 3 shall institute a new seven-year period within which the judgment shall not become dormant; Provided that when an entry on the execution or a written notice of public effort is filed for record, the execution

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shall be recorded or re-recorded on the general execution docket with all entries thereon. It shall not be necessary in order to prevent dormancy that such execution be entered or such entry recorded on any other docket. Section 2. This Act shall become effective on July 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. SUMTER COUNTY SUPERIOR COURTTERMS. No. 235 (House Bill No. 139). An Act to provide for the terms of the Superior Court of Sumter County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the terms of the Superior Court of Sumter County shall commence on the fourth Monday in May and the first Monday in December in each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. TAX RETURNS IN CERTAIN COUNTIES. Code 92-6208 Amended. No. 238 (House Bill No. 428). An Act to amend Code section 92-6208 of the Code of Georgia of 1933, as amended, providing for the return of personal

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property by the owner to the tax receiver or the county wherein the personal property may be situated so as to provide that in counties having a population of 114,000 and not more than 120,000, according to the 1960 United States Census or any future such census, that any person, companies and corporations subject to taxation in such county who fails to return such personal property for taxes during the time the tax books are open and who returned or paid taxes on such personal property 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 the year 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 92-6208 of the Code of Georgia of 1933, as amended, providing for the return of personal property by the owner thereof to the tax receiver in the county where such property is situated be, and the same is hereby amended by adding at the end thereof the following language: Except in counties having a population of 114,000 and not more than 120,000, according to the 1960 United States and any future such census, all persons, companies and corporations subject to taxation in such county who fail to return personal property for taxes during the time the tax books are open who returned or paid taxes on such property 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 in the year next preceding in that county. Where applicable. Section 2. This Act shall become effective January 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1965.

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SERVICE OF PROCESS UPON FOREIGN CORPORATIONS ACTING IN FIDUCIARY CAPACITIES. No. 239 (House Bill No. 95). An Act to amend an Act authorizing certain foreign corporations, including banks, to act in fiduciary capacities within this State upon certain terms and conditions, approved March 7, 1957 (Ga. L. 1957, pp. 278-283), as amended, so as to fix the fee of the Secretary of State for accepting service of process as an agent for such a corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 5 of an Act authorizing certain foreign corporations, including banks, to act in fiduciary capacities within this State upon certain terms and conditions, approved March 7, 1957 (Ga. L. 1957, pp. 278-283), as amended, is hereby amended by striking the words to the Secretary of State therefrom and inserting in lieu thereof the words and figure accompanied by a fee of four dollars ($4.00), to the Secretary of State. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. INCOME TAX ACT AMENDEDCORRECTION OF RETURNS. Code 92-3303 (f) Amended. No. 243 (House Bill No. 104). An Act to amend Chapter 92-33 of the Code of Georgia of 1933, as amended, relating to payment, deficiencies, assessment, and collection of the income tax, as amended

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particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 405), so as to clarify Code section 92-3303 (f) extending the time within which tax may be assessed or refunds claimed as to any taxable period for which corrections have been made by the Federal Internal Revenue Service; 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 (f) of section 92-3303 of the Code of Georgia, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 405), which relates to the extension of time beyond the three (3) year limitation period provided by this section, within which the State Revenue Commissioner may assess tax or may refund tax under this law as to any taxable period for which a change or correction of net income for Federal income tax purposes has been made, and which has not been clear as to the prerequisites on which such extension of time is conditioned, be amended in order to clearly express the conditions of such extension of time, by striking the first paragraph of said subsection in its entirety, by inserting the word Where in lieu of the word If as the first word of the second paragraph of said subsection, by inserting the phrase `The Taxpayer shall claim a immediately following the words and the Commissioner shall make assessment or in the first sentence of said paragraph, and by substituting the words changed or corrected for the words changed and corrected and the word corrected wherever they appear in the second paragraph of said subsection, so that said subsection (f) when so amended shall read as follows: (f) Where the amount of the net income for any year of the taxpayer under this law, and as returned to the United States Treasury Department, is changed or corrected by the Commissioner of Internal Revenue or other officer of the United States of competent authority, such taxpayer, within two years after final determination of the changed or corrected net income, shall make return to the Commissioner of Revenue of such changed or corrected income, and

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the Commissioner shall make assessment or the taxpayer shall claim a refund based thereon within one year from the date the return required by this section is filed and not thereafter. If the taxpayer does not make such return reflecting the changed or corrected net income, but the Commissioner receives from the United States Government or one of its agents a report reflecting such changed or corrected net income, the Commissioner shall make assessment for taxes due based thereon within five years from the date the report from the United States Government or its agent is actually received and not thereafter. Period of limitations. In the event the taxpayer fails to notify the Commissioner of such final determination of the United States income taxes, the Commissioner shall thereupon proceed to determine, upon such evidence as he may have brought to his attention or shall otherwise acquire, the corrected income of such taxpayer for the fiscal or calendar year, or years, and if there shall be any additional tax due the same shall be assessed and collected; and if there shall have been an overpayment of taxes for the year or years the taxpayer, by his failure to notify the Commissioner as herein required, shall forfeit his rights to any refund due by reason of such change. Section 2. This Act shall become effective upon its approval by the Governor, or at such other time as it may become law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. CORPORATIONSNAME CERTIFICATES. Code Chapter 22-16 Amended. No. 246 (House Bill No. 241). An Act to amend an Act authorizing the chartering and empowering of corporations and amending, revising and

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perfecting the corporation laws of this State, approved January 28, 1938 (Ga. L. 1937-1938, Ex. Sess., pp. 214-247), as amended, and to amend section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations and the orders domesticating same, so as to provide that applicants for a charter for a corporation to be created under the provisions of such Act or for the domestication of a foreign corporation under the provisions of Chapter 22-16 of the Code of Georgia of 1933, as amended, shall obtain a certificate of the Secretary of State stating that, based on a diligent search of the records on file in his office, he finds that the name of the proposed domestic or domesticated corporation is not identical with or deceptively or confusingly similar to the name of any other then existing domestic or domesticated corporation registered in the records on file in his office or to the name of any other proposed domestic or domesticated corporation as shown by a certificate of the Secretary of State theretofore issued and still effective; to provide for the period of effectiveness for such certificate; to provide that such a certificate of the Secretary of State must be presented prior to the entering of an order for incorporation or domestication; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act authorizing the chartering and empowering of corporations and amending, revising and perfecting the corporation laws of this State, approved January 28, 1938 (Ga. L., 1937-1938, Ex. Sess., pp. 214-247), as amended, is hereby amended by striking section 2 thereof in its entirety, which relates to the order of the judge granting incorporation and to the name certificate issued by the Secretary of State, and inserting in lieu of such section 2 a new section to read as follows: Section 2. (a) The applicants for a charter for a corporation to be created under the provisions of this Act, or for the domestication of a foreign corporation under the provisions

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of Chapter 22-16 of the Code of Georgia of 1933, as amended, shall also obtain a certificate of the Secretary of State stating that, based on a diligent search of the records on file in his office, he finds that the name of the proposed domestic or domesticated corporation is not identical with or deceptively or confusingly similar to the name of any other then existing domestic or domesticated corporation registered in the records on file in his office or to the name of any other proposed domestic or domesticated corporation as shown by a certificate of the Secretary of State theretofore issued and still effective under the provisions of this Section. Such a certificate of the Secretary of State shall remain effective for a period of ninety days after the date of issuance and upon the expiration of such period the certificate shall become void unless the applicants therefor shall have created a corporation under the provisions of this Act or shall have domesticated a foreign corporation under the provisions of Chapter 22-16 of the Code of Georgia of 1933, as amended. (b) Upon the presentation of the petition for incorporation accompanied by such a certificate of the Secretary of State, to the superior court or to the judge of the superior court, as stated above, the judge shall examine same and, if it shall appear to the judge that the application is legitimately within the purview and intention of the laws of this State, the judge shall pass an order declaring the application granted. Prior to passing such order, the judge may require additional evidence concerning the subject matter of the certificate of the Secretary of State. Section 2. Section 22-1604 of the Code of Georgia of 1933, relating to the examination of petitions for the domestication of foreign corporations and the orders domesticating same, is hereby amended by striking the words In the event contained in the second sentence of such section 22-1604 and inserting in lieu thereof the following words: In the event such petition is accompanied by a certificate of the Secretary of State issued under the provisions of Subsection (a) of Section 2 of an Act, approved January

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28, 1938 (Ga. L. 1937-1938, Ex. Sess., pp. 214-247), as amended, and in the event. Section 3. An Act amending various corporation laws of this State, approved February 23, 1949 (Ga. L. 1949, pp. 950-954), as amended, is hereby amended by striking section II thereof in its entirety, which relates to the disposition of corporate name certificates issued by the Secretary of State. Section of 1949 Act repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. BANKS AND BANKINGLOANS SECURED BY REAL ESTATE. Code 13-2015 Amended. No. 247 (House Bill No. 152). An Act to amend Code section 13-2015, pertaining to limitations on investment in real estate by banks, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 423), an Act approved March 6, 1945 (Ga. L. 1945, p. 208) and an Act approved March 17, 1959 (Ga. L. 1959, p. 250), so as to provide that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment, or for the purchase of real estate, or the improvement thereof, more than sixty per cent (60%) of the fair market value of such real estate, provided, that in case of loans which provide for a regular amortization thereof, no such bank shall lend more than eighty per cent (80%) of the fair market value of such real estate; and the aggregate amount of such loans shall at no time exceed the amount of its savings and time deposits or the combined total of its capital or surplus whichever is greater; to provide that the provisions

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of said Code section shall not apply to certain loans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2015, pertaining to limitations on investment in real estate by banks, as amended by an Act approved March 31, 1937 (Ga. L. 1937, p. 423), an Act approved March 6, 1945 (Ga. L. 1945, p. 208) and an Act approved March 17, 1959 (Ga. L. 1959, p. 250), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 13-2015 to read as follows: Section 13-2015 . No bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment, or for the purchase of real estate, or the improvement thereof, more than sixty per cent (60%) of the fair market value of such real estate, provided, that in case of loans which provide for a regular amortization thereof, no such bank shall lend more than eighty per cent (80%) of the fair market value of such real estate; and the aggregate amount of such loans shall at no time exceed the amount of its savings and time deposits or the combined total of its capital and surplus whichever is greater; provided, further, that this section shall not apply to temporary loans or regular commercial transactions secured in whole or in part by real estate, or where the total amount of any single loan matures in three (3) years or less and does not exceed three thousand and five hundred ($3,500.00) dollars; provided, further, that the limitation or proviso that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as an investment, or for the purchase of real estate, or the improvement thereof, more than sixty per cent (60%) or eighty per cent (80%) of the fair market value of such real estate, as the case may be, shall not apply, either to any loan which the Federal Housing Administrator insures or makes commitment to insure, or to any loan which the Administrator of Veterans Affairs guarantees or makes a commitment to guarantee.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1965. GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED. No. 250 (Senate Bill No. 38). An Act to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), so as to correct typographical errors; to make technical clarifications; to change definitions; to provide for definitions; to redefine the words contested case, person and rule; to provide that in addition to other rule-making requirements imposed by law, each agency as defined in said Act shall follow certain procedures; by striking the provision relating to the applicability of certain sections of said Act to certain rule-making proceedings; to provide for the filing of additional rules; to provide that the Secretary of State may engage the services of privately owned editorial and publication firms experienced in the publication of annotated law books to compile, index and publish rules of agencies as defined in said Act and the procedure connected therewith; by striking Section 10, relating to variations and exceptions to rules, in its entirety; to change the provision relating to each agency, providing by rule for the filing and prompt disposition of petitions for certain declaratory rulings; to change the provisions relating to demands for hearings; to change the provision relating to notice, hearing and record in contested cases and the contents of such notice; to provide that upon timely application, any person shall be permitted to intervene in contested cases when the representation of an applicant's interest is or may be inadequate; to provide that rules of evidence as applied in the trial of civil non-jury cases in the superior courts of Georgia shall be

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followed in contested cases; to change the provisions relating to official notice of certain facts in contested cases; to change the provisions relating to expiration of an existing license after timely and sufficient application for renewal thereof or for a new license with reference to any activity of a continuing nature; by striking section 23, relating to appeals to the superior court from agency decisions, in its entirety; to change the effective date of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), is hereby amended by striking the word nor from the second sentence of section 1 thereof and substituting therefor the word not, so that when so amended section 1 shall read as follows: 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 not 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. Section 2. Said Act is further amended by striking in its entirety subsection (b) of section 2 thereof, relating to the definition of a contested case, and by substituting therefor a new subsection (b) of the said section 2, to read as follows: (b) `Contested case' means a proceeding, including but not restricted to rate making, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. Contested case. Section 3. Said Act is further amended by striking the phrase, or any character, from subsection (e) of section

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2 thereof and substituting therefor the phrase, of any character, so that when so amended subsection (e) of the said section 2 shall read as follows: (e) `Person' means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. Person. Section 4. Said Act is further amended by striking in its entirety subsection (f) of section 2 thereof, relating to the definition of rule, and by substituting therefor a new subsection (f) of the said section 2, to read as follows: (f) `Rule' means each agency regulation, standard or statement of general applicability that implements, interprets or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include the following: Rule. 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;

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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; 10. the approval or prescription for the future of rates or prices. Section 5. Said Act is further amended by inserting in the first sentence of subsection (a) of section 3 thereof, immediately before the words by law, the word imposed, so that when so amended subsection (a) of the said section 3 shall read as follows: (a) In addition to other rule-making requirements imposed 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 the methods whereby the public may obtain information or make submissions or requests. Adoption of rules, etc. (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. Section 6. Said Act is further amended by striking subsection (e) of section 4 thereof, relating to the applicability of certain sections of said Act to certain rule-making proceedings, which reads as follows:

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(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 section 14, 16, 17, 21 and 22 of this Act shall be applicable., in its entirety. Section 7. Said Act is further amended by striking the period at the end of subsection (a) of section 5, and adding at the end thereof the following: and a certified copy of all rules which were adopted by such agency prior to the effective date of this Act, and which do not become effective until after the effective date of this Act., so that when so amended subsection (a) of section 5 shall read as follows: (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 and a certified copy of all rules which were adopted by such agency prior to the effective date of this Act, and which do not become effective until after the effective date of this Act. Filing of rules. Section 8. Said Act is further amended by adding at the end of section 7 thereof, relating to publication of rules, a new subsection (e) of said section 7 to read as follows: (e) The Secretary of State may engage the services of a privately operated editorial and publication firm experienced in the publication of annotated law books to compile, index and publish such rules. Such compilation shall conform in its arrangement as near as practicable to the Annotated Code of Georgia. Publication of rules. Section 9. Said Act is further amended by striking section 10 thereof, relating to variations and exceptions to rules, which reads as follows:

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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. Repealed. (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., in its entirety. Section 10. Said Act is further amended by striking from the first sentence of subsection (a) of section 11 thereof the word rules and substituting therefor the word rule, so that when so amended subsection (a) of the said section 11 shall read as follows: (a) The validity of any rule may be determined in an action for declaratory judgment when it is alleged that the rule 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. Declaratory judgments. Section 11. Said Act is further amended by striking the first sentence of section 12 thereof and substituting therefor the following sentence: Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, provided that nothing herein shall limit or impair the right of an agency to seek the opinion of the Attorney General on any question of law connected with the duties of the agency, pursuant to section 40-1602 of the Code of Georgia or any other applicable statutory of constitutional provision., so that when so amended section 12 shall read as follows: Section 12. Declaratory Rulings by Agencies . Each agency shall provide by rule for the filing and prompt disposition

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of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency, provided that nothing herein shall limit or impair the right of an agency to seek the opinion of the Attorney General on any question of law connected with the duties of the agency, pursuant to Section 40-1602 of the Code of Georgia or any other applicable statutory or constitutional provision. Rulings disposing of petitions have the same status as agency decisions or orders in contested cases. Section 12. Said Act is further amended by striking in its entirety section 13 thereof, relating to demands for hearings, and substituting therefor a new section 13 to read as follows: Section 13. Taxpayer's Demand for Hearing . (a) The Department of Revenue shall hold a hearing upon written demand therefor by any taxpayer aggrieved by any act of said Department in a matter involving his liability for taxes, or any failure of said Department to act in such a matter if such failure is deemed an act under any provision of a tax statute administered by said Department, or by any order of said Department in such a matter other than an order on a hearing of which such taxpayer was given actual notice or at which such taxpayer 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, causing the injury and shall specify in what respect such taxpayer 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 Department of Revenue of the demand therefor. The proceeding shall have the status of a contested case. (c) Pending such hearing and the decision thereon, the Department of Revenue may suspend or postpone the effective date of its previous action.

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(d) This Section is not intended to require that the taxpayer aggrieved must demand a hearing hereunder before pursuing judicial remedies which may be available to him, but an aggrieved taxpayer who does demand a hearing under this Section shall be deemed to have elected the remedies provided in this section and in section 20 hereof as his exclusive remedies. Section 13. Said Act is further amended by striking in its entirety section 14 thereof, relating to notice, hearing, and record in contested cases, and substituting therefor a new section 14, to read as follows: Section 14. Contested Cases; Notice; Hearing; Record . (a) In addition to any other requirements imposed by common law, constitution, statutes or regulations: (1) In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail. (2) The notice shall include: (A) a statement of the time, place and nature of the hearing; (B) a statement of the legal authority and jurisdiction under which the hearing is to be held; (C) a reference to the particular section of the statutes and rules involved; (D) 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 issue involved. Thereafter, upon application, a more definite and detailed statement shall be furnished; (E) a statement as to the right of any party to subpoena witnesses and documentary evidence through the agency.

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(3) Opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (4) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. (5) 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. (6) 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. (7) 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.

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(8) A record shall be kept in each contested case and shall include: (A) all pleadings, motions, intermedite rulings; (B) 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 of the proceeding. The agency shall set a uniform fee for such service; (C) a statement of matters officially noticed; (D) questions and offers of proof and rulings thereon; (E) proposed findings and exceptions; (F) any decision (including any initial, recommended or tentative decision), opinion or report by the officer presiding at the hearing; (G) all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. (9) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (b) Except in cases in which a hearing has been demanded under section 13, subsection (a) of this 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 14. Said Act is further amended by striking from subsection (a) of section 15 thereof the word adequate and substituting therefor the word inadequate, so

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that when so amended subsection (a) of the said Section 15 shall read as follows: (a) Upon timely application any person shall be permitted to intervene: (1) when a statute confers an unconditional right to intervene; or (2) when the representation of applicant's interest is or may be inadequate;. Interventions. Section 15. Said Act is further amended by striking the phrase, in civil cases in the superior courts of Georgia, from the second sentence of subsection (a) of section 16 thereof, and by substituting therefor the phrase, in the trial of civil nonjury cases in the superior courts of Georgia, so that when so amended subsection (a) of the said section 16 shall read as follows: (a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil non-jury 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 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. Rules of evidence. Section 16. Said Act is further amended by striking in its entirety subsection (d) of section 16 thereof, relating to official notice of certain facts in contested cases, and by substituting therefor a new subsection (d) of the said section 16, to read as follows: (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

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agency's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. Official notices. Section 17. Said Act is further amended by striking in its entirety subsection (b) of section 19 thereof, relating to expiration of an existing license after timely and sufficient application for renewal thereof or for a new license, and by substituting therefor a new subsection (b) of the said section 19, to read as follows: (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 does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court. Licensing. Section 18. Said Act is further amended by striking section 23 thereof, relating to appeals to the superior court from agency decisions, which reads as follows: 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., Repealed. in its entirety. Section 19. Said Act is further amended by striking from section 24 the word and figure April 1 and inserting in lieu thereof the word and figure July 1, so that when so amended section 24 shall read as follows:

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Section 24. This Act shall become effective July 1, 1965, but shall not apply to contested cases pending at that time. Effective date. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1965. STONE MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. No. 251 (Senate Bill No. 157). An Act to provide for one additional judge of the Superior Courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said Circuit to four; to provide for the appointment of one additional judge; to provide for terms and compensation; to provide the manner in which the judges of the Stone Mountain Judicial Circuit shall dispose of the business thereof; to provide for courtroom and chamber space; to provide for court reporters; to provide for qualifications; to provide for powers, to provide for jurors; to provide for matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created an additional judge of the Superior Courts of the Stone Mountain Judicial Circuit to be appointed by the Governor for a term of office beginning July 1, 1965, and continuing through December 31, 1966, and until his successor is elected and qualified. Such judge shall be appointed by the Governor prior to July 1, 1965, and shall take office on that date. His successor shall be elected in the manner provided by law for the election of judges of the Superior Courts of this State, at the General Election in November, 1966, for a term of four years, beginning on the first day of January, 1967, and until

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his successor shall have been elected and qualified. Future successors shall be elected at the General Election each four years for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner now or hereafter provided by law for the election of judges of the Superior Courts of this State. Additional judge term, etc. Section 2. The qualification of such additional judge shall be the same as is now provided by law for all other Superior Court judges, and the compensation and the manner of payment shall be the same as is now or may hereafter be fixed by law for the present judges of the Superior Courts of the Stone Mountain Judicial Circuit. Qualifications, salary, etc. Section 3. Such additional judge of the Superior Courts of said Circuit shall have all the powers, jurisdiction, duties and dignity of the present judges of the Superior Courts of this State. Powers, etc. Section 4. All writs, processes, orders and subpoenas issuing out of the Superior Courts of the Stone Mountain Judicial Circuit may bear teste in the name of any of the judges of said Circuit and when issued by or in the name of any judge of said Circuit shall be as valid and binding as if there were only one judge of the Superior Courts of said Circuit and they had been issued by him or had borne teste in his name. Writs, etc. Section 5. The drawing and empanelling of all jurors, whether grand, petit, or special, may be by any of the judges of the Superior Courts of said Circuit, and they, or any of them, shall have full power and authority to draw and empanel jurors for service in said Courts so as to have jurors for the trial of cases before any of said judges in the same or separate counties, or before each of them at the same time. Jurors, etc. Section 6. All writs and processes in the Superior Courts of said Circuit shall be returnable to the terms of said Superior Courts as they are now fixed and provided by law, or as

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they may hereafter be fixed or determined by law, and all terms of said Courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges co-equal in jurisdiction and authority to attend to and perform the functions, powers and duties of the judges of said Superior Courts and to direct and conduct all hearings and trials in said Courts. Terms, etc. Section 7. All functions provided by law or permitted by law to be done or performed by the judges of the Superior Courts of this State, whether in their own or in other circuits, or whether sitting in appellate courts as provided by law, may be done or performed by any of the judges of said Stone Mountain Judicial Circuit. Powers. Section 8. The said judges of the Superior Courts of said Circuit shall have, and they are hereby clothed with full power, authority and discretion to determine from time to time, and term to term, the manner of calling the dockets in said Courts and of fixing the order of business. They may assign the hearing of trials by jury for a term to such number of said judges as they shall decide, and may assign the hearing of all other matters not requiring a trial by jury to the remaining judges, and they may alternate such order of business at the next term or in such manner as they shall decide. They may all or any of them conduct trials at the same time in the same or separate counties, or they may all or any of them hear chambers business and motion business at the same time in the same or separate counties. They may provide in all respects for holding the Superior Courts of said Circuit so as to facilitate the hearing and determination at any time of all the business of said Courts pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for and disposing of the business of said Courts, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in the term of service as Superior Court judge shall control; provided, however, that in the event that any two or more of said judges were elected at the same time and neither or none of said judges be

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senior in term of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge. Dockets, etc. Section 9. The governing authorities of said counties comprising said Circuit are hereby fully authorized and empowered to provide a suitable courtroom, jury rooms and chambers for the present judges and for the additional judge, and upon the recommendation of all of said judges, the same shall be provided. Courtroom etc. Section 10. The judges of said Circuit are hereby authorized and empowered to employ one additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding the remuneration of the present court reporters of the Circuit, as the same shall be now or hereafter fixed. Court reporter. Section 11. 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 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1965. THE MUNICIPAL HOME RULE ACT OF 1965. No. 252 (Senate Bill No. 4). An Act to provide home rule for municipalities; to provide for a short title; to provide methods for the creation,

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dissolution, merger, and boundary changes of municipalities; to authorize municipalities to adopt certain ordinances, resolutions and regulations relating to municipal property, affairs and local government; to provide the procedures connected therewith; to provide for the amendment of municipal charters and for the repeal of municipal ordinances, resolutions or regulatians by initiative of the electors of municipalities; to provide the procedure connected therewith; to provide for limitations on the home rule powers of municipalities; to authorize the governing authority of municipalities to fix the salary, compensation and expenses of municipal officers and employees and to provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivor's Insurance program, hospitalization benefits and workmen's compensation benefits for municipal officers and employees; to provide for the procedure connected therewith; to provide for the filing, publication, and distribution of amendments to or revisions of municipal charters and for the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act shall be known and may be cited as The Municipal Home Rule Act of 1965. Short title. Section 2. Creation, Dissolution, Merger, Boundary Changes . No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law. Section 3. Home Rule for Municipalities . (a) The governing authority of each municipality shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto. Any such charter provision shall remain in force and effect until amended

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or repealed as provided in paragraph (b) of this section. This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a municipal governing authority under this section, except as authorized under section 4 hereof. (b) Except as provided in section 4, a municipality may, as an incident of its home rule power, amend its charter by following either of the procedures hereinafter set forth. 1. Municipal charters may be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment shall be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and the office of the clerk of the superior court of the county of the legal situs of the municipality for the purpose of examination and inspection by the public. The recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed amendment. No amendment hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in subparagraph 2 of this paragraph or to change or repeal a local act of the General Assembly ratified in a referendum as provided in subparagraph 2 of this paragraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such municipality unless at least twelve months have elapsed after such referendums. No amendment hereunder shall be valid if provision has been made therefor by general law.

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2. Amendments to such charters or amendments to or repeals of such ordinances, resolutions or regulations adopted pursuant to paragraph (a) hereof may be initiated by a petition filed with the governing authority of the municipality containing, in cases of municipalities with a population of 5,000 or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general municipal election; in cases of municipalities with a population of more than 5,000 but not more than 100,000, at least twenty per centum of the electors registered to vote in the last general municipal election; and in cases of a municipality with a population of more than 100,000, at least fifteen per centum of the electors registered to vote in the last general municipal election; which petition shall specifically set forth the exact language of the proposed amendment or repeal. The governing authority shall determine the validity of such petition within 60 days of its filing with the governing authority. In the event the governing authority determines that such petition is valid, it shall be the duty of such authority to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the municipality for their approval or rejection. Such call shall be issued not less than ten nor more than thirty days after the date of the filing of the petition. The governing authority shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The governing authority shall cause a notice of the date of said election to be published in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the clerk or the recording officer of the municipal governing authority and in the office of the clerk of the superior court of the county of the legal situs of said municipality for the purpose of examination and inspection of the public. If more than onehalf of the votes cast on such question are for approval of the amendment or repeal it shall become of full force and effect, otherwise it shall be void and of no force and effect.

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The expense of such election shall be borne by the municipality and it shall be the duty of the governing authority to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections of the municipality, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be the further duty of the governing authority to certify the result thereof to the Secretary of State. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if provision has been made therefor by general law. In the event that the governing authority determines that such petition is not valid, it shall publish in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county of the legal situs of the municipality or in a newspaper of general circulation in the municipality, in the week immediately following the date on which such petition is declared to be not valid. Section 4. Limitations on Home Rule for Municipalities . (a) The power granted to municipalities in paragraphs (a) and (b) of section 3 shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under the Constitution. 1. Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation, tenure of office

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and limitations thereon for the members of the municipal governing authority. 2. Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations. 3. Action adopting any form of taxation beyond that authorized by law or by the Constitution. 4. Action affecting the exercise of the power of eminent domain. 5. Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law or by the Constitution. 6. Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordinances. 7. Action changing charter provisions relating to the establishment and operations of an independent school system. (b) The power granted in Paragraphs (a) and (b) of section 3 shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (c) Nothing in this Section shall affect the provisions of sections 5 and 6 of this Act. Section 5. Salary of Municipal Employees; How Fixed . The governing authority of each incorporated municipality is authorized to fix the salary, compensation and expenses of the municipal employees and to provide insurance, retirement

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and pension benefits, coverage under Federal Old Age and Survivor's Insurance programs, hospitalization benefits, and workmen's compensation benefits, for it employees, their dependents and survivors. Section 6. Filing and Publication of Laws . No amendment or revision of any charter made pursuant to this Act shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in this Act, has been filed with the Secretary of State and the office of the clerk of the superior court of the county of the legal situs of the municipality. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1965. MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDED. No. 266 (House Bill No. 508). An Act to amend an Act known as the Motor Vehicle Certificate of Title Act, Georgia Laws 1961, page 68, et seq., as amended, to amend section 12 of that Act, Georgia Laws 1961, pp. 68, 77 (particularly as amended by Georgia Laws 1962, pp. 79, 84, and Georgia Laws 1964, pp. 436, 438), providing for delivery of the certificate of title, so as to provide for delivery of the certificate of title and to provide for delivery of the certificate of title when it is being held by the first security interest or lienholder; to amend section 14 of that Act, Georgia Laws 1961, pp. 68, 78, which provides for a duplicate title so

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as to provide for a new legend to be displayed on such certificates; to amend section 16 of that Act, Georgia Laws 1961, pp. 68, 79, which provides for transfers to or from a dealer so as to provide for the handling of previously registered vehicles by dealers during this Act's implementation period so as to conform this Section with an amendment to this Act found in Georgia Laws 1962, pp. 79, 90; to amend section 21 of that Act, Georgia Laws 1961, pp. 68, 83 (as amended by Georgia Laws 1962, pp. 79, 85) providing for the perfection of a security interest so as to add a new section thereto providing for the perfection of a subsequent security interest where the certificate of title is being held by the first security interest or lienholder; to amend paragraph (b) of section 22 of the Act, Georgia Laws 1961, pp. 68, 85 (as amended by Georgia Laws 1962, pp. 79, 87 and Georgia Laws 1964, pp. 436, 437) providing for the creation of a security interest by the owner so as to provide for the handling of the creation of a subsequent security interest where the certificate of title is in the possession of the first security interest or lienholder; to amend section 24 of the Act, Georgia Laws, pp. 68, 86, as amended by Georgia Laws 1962, pp. 79, 88, providing for the assignment by a lienholder so as to provide for the assignment by a lienholder where the certificate of title is in possession of the first security interest or lienholder; to amend section 25 of the Act, Georgia Laws 1961, pp. 68, 86, as amended by Georgia Laws 1962, pp. 79, 89, providing for the release of a security interest so as to provide for the release of a security interest where the certificate of title is in the possession of the first security interest or lienholder; to amend section 31 of the Act, Georgia Laws 1961, pp. 68, 88, providing for offenses relating to the certificate so as to provide that it shall be a felony to alter or forge a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided for in paragraph (d) of section 12 of this Act and to provide that it shall be a misdemeanor for the holder of a certificate of title to fail to forward the certificate of title within ten (10) days, as provided by paragraph (d) of section 12, or paragraph (e) of section 21, upon receipt of

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a proper notice given under those sections; to amend section 30 of the Act providing for court review of hearings under section 29, Georgia Laws 1961, pp. 68, 88, so as to provide that the hearings under section 29 will come under the Georgia Administrative Procedure Act and that appeals to the Superior Court should be as provided by the Georgia Administrative Procedure Act; to amend section 36, of the Act, Georgia Laws 1961, pp. 68, 92, defining previously registered vehicles so as to provide a new definition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 12 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 77, (as amended by Ga. L. 1962, pp. 79, 84 and Ga. L. 1964, pp. 436, 438), is hereby amended by striking paragraph (a) as it now stands in its entirety and substituting in lieu thereof the following, so that paragraph (a) shall read as follows: Section 12 (a) The certificate of title shall be mailed or delivered 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 or delivered directly to the owner. Delivery of certificate of title. Section 2. Section 12 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 77 (as amended by Ga. L. 1962, pp. 79, 84 and Ga. L. 1964, pp. 436, 438), is hereby amended by adding thereto a new paragraph to be designated (d) and to read as follows: (d) Whenever the certificate of title is in the possession of a security interest or lienholder as allowed by this Act and some other person, including the owner who has an interest in a transaction concerning a security interest or lien shown on the certificate of title, desires to have that transaction reflected on the certificate of title he may execute under oath a notice of that transaction in the form

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prescribed by the Commissioner setting forth the details of the transaction he desires to be reflected on the certificate of title. The notice, a fee of one dollar ($1.00), and the title application shall be mailed by registered mail return receipt requested by the person desiring the change to the first security interest or lienholder having possession of the certificate of title. The notice shall contain on its face instructions to the security interest or lienholder having custody of the certificate of title directing him within ten (10) days to forward the notice, the fee, the title application and the certificate of title to the Commissioner. The first security interest or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The Commissioner upon receipt of such a notice, title application, together with the fee and certificate of title, shall enter the transaction shown on the notice on his records and on the certificate of title or issue a new certificate of title and shall then deliver the certificate of title as provided for in this Act. The person desiring the change shall retain the return registered mail receipt as proof of his compliance with this Section. In the event the first security interest or lienholder holding the certificate of title fails, refuses or neglects to forward the title application, notice, fee and original certificate of title to the Commissioner, as required herein, the person desiring the change may on a form prescribed by the Commissioner make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and notice to the first security interest or lienholder. Upon receipt of such a direct application, the Commissioner shall order the first security interest or lienholder having custody of the certificate of title to forward the certificate of title to him for the purpose of having the subsequent transaction entered thereon or a new certificate of title issued. If, after a direct application to the Commissioner and the order of the Commissioner, the first security interest or lienholder continues to fail, refuse, or neglect to forward the certificate of title as provided herein the Commissioner may cancel the outstanding certificate of title and issue a duplicate certificate of title reflecting

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all security interest and liens, including the subsequent security interest and this duplicate certificate of title shall be delivered as provided for in this Act. Any first security interest or lienholder having possession of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this section. Additional liens. Section 3. Section 14 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 78, is hereby amended by striking paragraph (a), (b) and (c) of that section in their entirety as they now stand and enacting in lieu thereof new paragraphs to be designated (a), (b) and (c), to read as follows: Section 14. If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Commissioner, shall promptly make application for and may obtain a duplicate, upon furnishing information satisfactory to the Commissioner. The duplicate shall be issued on the following terms and conditions: Lost, etc., certificates. (a) Where the duplicate title is issued to the owner named in the lost, stolen, mutilated or destroyed certificate, as shown by the records of the Revenue Commissioner, the duplicate certificate of title shall contain the legend: `This is a duplicate certificate and may be subject to the rights of a person under the original certificate.' (b) When the vehicle for which a duplicate certificate of title has been issued is transferred to a new owner, the Commissioner shall not issue the transferred certificate of title to the transferee until fifteen (15) days after receipt of the application. The certificate of title issued to the transferee shall continue to contain the legend: `This is a duplicate certificate and may be subject to the rights of a person under the original certificate.'

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After a duplicate certificate has been issued and the records of the Commissioner show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, then the Commissioner may, upon proper application by the owner, issue in his name a duplicate title, which shall simply contain the legend `Duplicate Title'. (c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Commissioner. Where the owner named in a duplicate certificate of title recovers the original certificate he may surrender the original certificate together with the duplicate title and if he is otherwise entitled to a certificate the Commissioner may issue him a new certificate of title with no legend thereon. The Commissioner shall not issue a new certificate of title under this Section until fifteen (15) days after receipt of the application. Section 4. Paragraph (a) of section 16 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 79, is hereby amended by striking from said paragraph (a) the last three sentences, reading as follows: Any person selling a previously registered vehicle as defined in section 38, which is exempt from the provisions of this Act by section 39 during this Act's three-year implementation period need not have a certificate of title. A dealer selling a previously registered vehicle exempt from the provisions of this Act by section 39 during this Act's three-year implementation period, need not furnish a purchaser of such a vehicle a certificate of title. The purchaser after buying such a vehicle from a dealer shall then apply for a certificate of title as required by section 39 in the manner provided by Part II of this Act. and adding thereto the following words: Any person selling a previously registered vehicle as defined in section 38 which is exempt from the provisions

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of this Act during this Act's implementation period need not have a certificate of title. A dealer selling a previously registered vehicle which under the provisions of this Act need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. At such time as previously registered vehicles are brought under the terms of this Act, from that time on a dealer when selling such a vehicle shall conform to all provisions of this Act. so that said paragraph (a) of section 16, when amended shall read as follows: (a) A dealer who buys a vehicle and holds it for resale need not apply to the Commissioner for a new certificate of title, but may retain the certificate delivered to him and, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, which must be subscribed and sworn to before an officer authorized to administer oaths in this State, and show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the Commissioner prescribes. Transfers of vehicles under this section shall otherwise conform with the provisions of Section 15. Any person selling a previously registered vehicle as defined in Section 38 which is exempt from the provisions of this Act during this Act's implementation period need not have a certificate of title. A dealer selling a previously registered vehicle which under the provisions of this Act need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. At such time as previously registered vehicles are brought under the terms of this Act, from that time on a dealer when selling such a vehicle shall conform to all provisions of this Act. Dealers. Section 5. Section 21 of the Motor Vehicle Certificate of Title Act, Georgia Laws 1961, pp. 68, 83, as amended by Georgia Laws 1962, pp. 79, 85, is hereby amended by adding thereto a new paragraph to be designated (e) to read as follows:

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(e) If the owner of a motor vehicle desires to place a second or subsequent security interest against the vehicle and the certificate of title on that vehicle is being held by a security interest or lienholder, the owner shall, on the form prescribed by the Commissioner, execute under oath a title application and a notice of the second or subsequent security interest, and the holder of the security interest shall forward such notice and title application, together with a one dollar ($1.00) filing fee, by registered mail return receipt requested, to the first holder of a security interest or lien who has custody of the certificate of title. The notice of such subsequent security interest shall contain on its face instructions to the security interest or lienholder having custody of the certificate of title directing him within ten days to forward the notice, title application, and fee, together with the certificate of title, to the Commissioner in order that the Commissioner may issue a new certificate of title and reflect on the certificate of title the subsequent security interest. The first security interest or lienholder having possession of the certificate of title shall comply with the instructions contained in the notice. The Commissioner, upon receipt of a properly executed application notice, fee, and the original certificate of title, shall enter the subsequent security interest on his records and shall issue a new certificate of title and shall then deliver the certificate of title as provided for in this Act. If the holder of the subsequent security interest forwards by registered mail the title application, notice of the subsequent security interest, and fee to the first security interest or lienholder who has custody of the certificate of title within ten (10) days of the execution of that subsequent security interest, it shall be perfected as of the date it was executed; otherwise, as of the date the notice was forwarded to the first security interest or lienholder holding the certificate of title. The subsequent security interest holder shall retain the return registered mail receipt as proof of his perfection under this section. In the event the first security interest or lienholder holding the certificate of title fails, refuses or neglects to forward the title application notice, fee and original certificate of title to the Commissioner as required herein, the holder of the subsequent security interest may,

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on a form prescribed by the Commissioner, make direct application to the Commissioner. Such direct application to the Commissioner shall have attached to it the return registered mail receipt showing the previous mailing of the title application, fee and form to the first security interest or lienholder. Upon receipt of such a direct application the Commissioner shall order the first security interest or lienholder having custody of the certificate of title to forward the certificate of title to him for the purpose of having the subsequent security interest entered and a new certificate of title issued. If after a direct application to the Commissioner and the order of the Commissioner the first security interest or lienholder continues to fail, refuse or neglect to forward the certificate of title as provided herein, the Commissioner may cancel the outstanding certificate of title and issue duplicate certificate of title reflecting all security interests and liens, including the subsequent security interest, and this duplicate certificate of title shall be delivered as provided for in this Act. Any first security interest or lienholder having possession of the certificate of title shall not have the validity of his security interest or lien affected by surrendering the certificate of title as provided by this section. Subsequent liens. Section 6. Section 22 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 85, as amended by Ga. L. 1962, pp. 79, 87, and Ga. L. 1964, pp. 436, 437, is hereby amended by adding to paragraph (b) the following words: If the security interest or a mechanics' lien is on a vehicle where the certificate of title is being held by the first security interest or lienholder, the holder shall comply with the provisions of paragraph (e) of section 21. Same. so that said paragraph (b) of section 22, when amended, shall read as follows: (b) The holder shall immediately cause the certificate and application and the required fee to be mailed or delivered to the Commissioner. If the security interest or a mechanics' lien is on a vehicle where the certificate of title

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is being held by the first security interest or lienholder, the holder shall comply with the provisions of paragraph (e) of section 21. Section 7. Section 24 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 86, as amended by Ga. L. 1962, pp. 79, 88, is hereby amended by adding to paragraph (b) thereof the following words: If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest or lienholder as provided by this Act, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed or a new certificate of title issued by complying with the provisions of paragraph (d) of section 12 of this Act. so that paragraph (b) of section 24 when amended shall read as follows: (b) The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as holder of a security interest or lien, upon delivering to the Commissioner the certificate and assignment by the holder of a security interest or lien named in the certificate in the form the Commissioner prescribes. If the assignment refers to a security interest or lien which is reflected on the certificate of title and the certificate of title is in the possession of the first security interest or lienholder as provided by this Act, the assignee may, but need not to perfect the assignment, have the certificate of title endorsed, or a new certificate of title issued by complying with the provisions of paragraph (d) of section 12 of this Act. Assignments. Section 8. Section 25 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 86, as amended by Ga. L. 1962, pp. 79, 89, is hereby amended by adding to paragraph (b) thereof the following words:

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If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest or lienholder as provided by this Act, the release may be handled as provided in subparagraph (d) of section 12 of this Act and section 12 of this Act shall otherwise be complied with. so that paragraph (b) of section 25 when amended shall read as follows: (b) The owner shall then forward the certificate of title with the release to the Commissioner, who shall release the security interest or lien on the certificate or issue a new certificate, and mail or deliver the certificate to the owner. If the satisfied security interest or lien is one reflected on the certificate of title but the certificate of title is in the custody of the first security interest or lienholder as provided by this Act, the release may be handled as provided in subparagraph (d) of section 12 of this Act and section 12 of this Act shall otherwise be complied with. Releases. Section 9. Section 31 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 88, is hereby amended by adding to paragraph (a) a new subparagraph to be designated subparagraph (5) to read as follows: (a) Felonies . A person who, with fraudulent intent: (5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by subparagraph (d) of section 12 of this Act is guilty of a felony. Paragraph (b) of section 31 is hereby amended by adding thereto a new subparagraph to be designated subparagraph (4) to read as follows: (b) Misdemeanors . A person who: (4) Wilfully fails or refuses to mail or deliver a certificate of title to the Commissioner within ten (10) days after having received a notice as provided for in Paragraph (e)

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of section 21 or paragraph (d) of section 12 of this Act, is guilty of a misdemeanor. Section 10. Section 30 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 88, is hereby amended by adding to that Section the following words: After the effective date of the `Georgia Administrative Procedure Act' hearings conducted under section 29 shall be conducted under the terms and conditions of that Act and court review of hearings held under section 29 of this Act shall be as provided by the `Georgia Administrative Procedure Act'. Hearings. so that section 30 when amended shall read as follows: A person aggrieved by an act or omission to act of the Commissioner in the administration of this Chapter is entitled to a review of a hearing conducted pursuant to section 68-429a by the superior court of the county of said person's residence. Said review shall be a de novo proceeding. After the effective date of the `Georgia Administrative Procedure Act' hearings conducted under section 29 shall be conducted under the terms and conditions of that Act and court review of hearings held under section 29 of this Act shall be as provided by the `Georgia Administrative Procedure Act'. Appeals. Section 11. Section 38 of the Motor Vehicle Certificate of Title Act, Ga. L. 1961, pp. 68, 92, is hereby stricken in its entirety and a new section to that Act to be designated as section 38, hereby enacted to read as follows: Section 38. A `previously registered vehicle' means a vehicle registered in this State when this Act took effect or a vehicle whose last registration before this Act takes effect was in this State, or a vehicle which is registered in this State and which is not required to have a certificate of title by section 6(a) of this Act. Definition. Section 12. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1965.

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TAX EXECUTIONTIME OF ENFORCEMENT. Code 92-7701 Amended. No. 268 (House Bill No. 452). An Act to amend Code section 92-7701, providing the time within which all State, county, city or other tax executions, before or after legal transfer and record, shall be enforced, so as to change the manner and time in which such executions may be enforced; 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 92-7701, providing the time within which all State, county, city or other tax executions, before or after legal transfer and record, shall be enforced, is hereby amended by striking therefrom the following: or within seven years from the time of the last entry upon the tax execution by the officer authorized to execute and return the same, if said entry is properly entered by said officer upon the execution docket and books in which said entries are required to be made in cases of entries on executions issued on judgments., and inserting in lieu thereof the following: or within seven years from the time of the last entry upon the tax execution by the officer authorized to execute and return the same if said execution and entry is properly entered or re-entered upon the execution docket and books in which executions and entries are required to be entered or re-entered, or both, in cases of executions and entries thereon issued on judgments., so that when so amended Code section 92-7701 shall read as follows:

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92-7701. Tax execution dormant, when . All State, county, city, or other tax executions, before or after legal transfer and record, shall be enforced within seven years from the date of their issue; or within seven years from the time of the last entry upon the tax execution by the officer authorized to execute and return the same if said execution and entry is properly entered or re-entered upon the execution docket and books in which executions and entries are required to be entered or re-entered, or both, in cases of executions and entries thereon issued on judgments. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1965. CODE 92-4101 THROUGH 92-4104 NOT APPLICABLE TO CITY OF THOMASTON. Code 92-4101 Amended. No. 269 (House Bill No. 482). 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 Thomaston 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:

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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 Section 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, Thomaston. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1965 session of the General Assembly of Georgia a bill of local application to provide that the provisions of Title 92, sections 4101 through 4104 of the Code of Georgia, shall not apply to the City of Thomaston, and for other purposes. This 2nd day of February, 1965. /s/ Johnnie L. Caldwell Representative, Upson County, Georgia. /s/ Donald A. Page Representative, Upson County, Georgia. Georgia, Upson County: Before me the undersigned officer authorized to administer oaths personally appeared Thomaston Publishing Company, acting by and through its duly authorized agent, S. J. Carswell, who, on oath, says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general

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circulation and being the newspaper in which sheriff's advertisements for Upson County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three weeks as required by law, said dates of publication being: February 4, 1965, February 11, 1965, and February 18, 1965. Thomaston Publishing Company By: S. J. Carswell Sworn to and subscribed before me, this 19th day of February, 1965: /s/ Ronald Barfield Notary Public, Upson County, Georgia. My commission expires: January 15, 1966. (Seal). Approved March 27, 1965. SUPERIOR COURT OF BRANTLEY COUNTYTERMS. No. 272 (House Bill No. 679). An Act to change the terms of the superior court of Brantley 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 1965 and each year thereafter the superior court of Brantley County shall convene on the third Monday in January, first Monday in April, second Monday in September, and fourth Monday in November. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1965.

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COMPENSATION OF CORONERS IN CERTAIN COUNTIES. Code 21-105 Amended. No. 273 (House Bill No. 372). An Act to amend Code section 21-105 relating to fees paid to coroners to provide for the payment of an annual salary in lieu of fees in counties in this State having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future United States census; to provide that in such counties the annual salary shall be $3,600.00 to be paid in equal monthly installments; to authorize the payment of certain expenses incidental to the office of the coroner in such counties out of county funds; and for other purposes. Be it enacted, and it is hereby enacted, by the General Assembly of the State of Georgia, as follows: Section 1. Section 21-105 of the Code of the State of Georgia pertaining to coroner's fees is hereby amended by adding thereto the following: In each county in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future United States census, the coroner shall receive a salary in lieu of all fees or other emoluments or compensation for said office, said salary to be $3,600.00 per year, payable in equal monthly installments out of the county treasury. Where applicable, salary. The governing authorities in such counties may furnish, but are not required to furnish, supplies, automobile or travel allowance, clerical assistance and other equipment or expenses incidental to the performance of the duties of the office. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 27, 1965.

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GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDED. No. 275 (House Bill No. 133). 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 January 30, 1964 (Ga. L. 1964, p. 57), so as to change the compensation of the dealer for collecting, accounting for, and remitting the tax levied by 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 January 30, 1964 (Ga. L. 1964, p. 57), is hereby amended by striking in its entirety that paragraph of section 16 (b) which read as follows: For the purpose of compensating the dealer for collecting, accounting for, and remitting the tax levied by this 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., 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 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 and two per-cent (2%) of said tax on all taxable sales exceeding $120,000.00 in the form of a deduction

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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. Section 2. The provisions of this Act shall become effective July 1, 1965, and shall only apply to taxable transactions occurring on or after said date. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1965. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDSPEED RESTRICTIONS. No. 278 (House Bill No. 282). An Act to amend an Act entitled Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., page 556), as amended, particularly by an Act approved February 18, 1963 (Ga. L. 1963, p. 26), so as to change the speed restrictions for vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556) as amended, is hereby amended by inserting in the third line of subparagraph 3 of subsection (b) of section 48, found in Article V between the comma and the word the the following words: and on State Highway No. 316, so that said subparagraph 3 of subsection (b) of section 48 will read as follows: 3. On all highways, which comprise a part of the National System of Interstate and Defense Highways and having not less than 4 traffic lanes, and on State Highway No. 316, the minimum speed shall be 40 miles per hour and the

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maximum speed shall be 70 miles per hour from one-half hour before sunrise until one-half hour after sunset. At other times the minimum speed shall be 40 miles per hour and the maximum speed shall be 65 miles per hour. State Highway No. 316. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1965. INCOME TAX ACT AMENDEDDEDUCTIONS BY SMALL BUSINESSES. Code 92-3109 Amended. No. 282 (House Bill No. 105). An Act to amend Code section 92-3109, relating to deductions in computing net income for income tax purposes, as amended, so as to authorize for small business an additional first year depreciation allowance as defined in Section 179 of the United States Internal Revenue Code of 1954 as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-3109, relating to deductions in computing net income for income tax purposes, as amended, is hereby amended by adding at the end of subsection (f) the words: Provided that an additional first year depreciation allowance as defined in Section 179 of the United States Internal Revenue Code of 1954, as amended, may be claimed by small business in accordance with regulations prescribed by the State Revenue Commissioner. so that said subsection when so amended shall read as follows:

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(f) Depreciation and depletion .A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits and timber, there shall be allowed as a deduction in computing taxable income a reasonable allowance for depletion and for depreciation of improvements, according to the peculiar conditions in each case; such reasonable allowance in all cases to be made under regulations prescribed by the State Revenue Commissioner. In any case in which it is ascertained as a result of operations or of development work that the recoverable units are greater or less than the prior estimate thereof, then such prior estimate (but not the basis for depletion) shall be revised and the allowance under this subsection for subsequent income years shall be based upon such revised estimate. In the case of leases the deductions shall be equitably apportioned between the lessor and the lessee. The amount allowed as a deduction for depletion in the case of mines, oil and gas wells, other natural deposits, and timber shall be the same depletion allowed under Sections 611, 612, 613 and 614 of the Federal Internal Revenue Code of 1954, as amended. In the case of property described in Section 167 (c) of the Federal Internal Revenue Code of 1954, the terms `reasonable allowance for the depreciation and obsolescence of property' as used in this subsection shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the State Revenue Commissioner under any of the methods described in Paragraphs (2), (3) and (4) of Section 167(b) of the Federal Internal Revenue Code of 1954: Provided that an additional first year depreciation allowance as defined in Section 179 of the United States Internal Revenue Code of 1954, as amended, may be claimed by small business in accordance with regulations prescribed by the State Revenue Commissioner. Section 2. The provisions of this Act shall become effective for all taxable years ending on or after January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1965.

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ACT PROVIDING LICENSE TAGS FOR DISABLED VETERANSAMENDED. No. 289 (House Bill No. 512). An Act to amend an Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), and an Act approved April 5, 1961 (Ga. L. 1961, p. 554), so as to provide for the issuance of license tags to certain other veterans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the issuance of automobile license tags to disabled veterans, approved February 27, 1956 (Ga. L. 1956, p. 336), as amended by an Act approved February 20, 1957 (Ga. L. 1957, p. 69), an Act approved March 17, 1959 (Ga. L. 1959, p. 349), and an Act approved April 5, 1961 (Ga. L. 1961, p. 554), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Effective as applied to the license tags for the year 1960, (a) any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise; who is a citizen and resident of the State of Georgia, and (a) who has been awarded, or (b) who might hereafter be awarded, or Veterans eligible. (c) who was eligible but did not make claim within the time limitation, or

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(d) who might hereafter be eligible to be awarded but does not make claim therefor, an automobile by the Veterans' Administration which is to be owned and operated by the said disabled veteran, with or without special equipment for amputees, or (b) those veterans of World War I who are citizens and residents of the State of Georgia, who received a discharge other than a dishonorable discharge who will receive or who are entitled to receive a statutory award from the Veterans' Administration for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye; will be provided upon application therefor State automobile license tags free of charge upon presentation by said veteran of the proof that he has been furnished an automobile free of charge by the United States Government, or upon presentation of proof that he is receiving the aforesaid statutory award. For the purposes of this Act, World War I shall be considered as that period beginning April 6, 1917, and ending November 11, 1918; and in the case of a veteran who served with the United States Military Forces in Russia, April 6, 1917, and ending on April 1, 1920. Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile he may acquire in the future. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 27, 1965.

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LAND CONVEYANCE TO WHEELER AND TELFAIR COUNTIES. No. 16 (House Resolution No. 11-8). A Resolution. Authorizing the conveyance to Wheeler and Telfair Counties of a certain tract of state-owned property; and for other purposes. Whereas, at the present time the State of Georgia owns approximately 30.56 acres located in Wheeler County, Georgia, which is presently being employed as an airstrip by the Georgia Forestry Commission; and Whereas, the Counties of Wheeler and Telfair propose to jointly construct, operate and maintain an airport facility; and Whereas, Wheeler and Telfair Counties desire to obtain said 30.56 acres for the purpose of developing said airport facility; and Whereas, that tract of land is more particularly described as follows: In order to determine the true point of beginning commence at a stake which is located in the west corner of land lot 247 of Wheeler County, Georgia; thence, south 45 degrees, 4 minutes east for a distance of 1,600 ft. to a stake; thence, south 15 degrees, 25 minutes west for a distance of 1,221 ft. to a wooden stake which is the true point of beginning of the herein described property. From said point of beginning south 15 degrees, 10 minutes west for a distance of 1,358 ft. to a stake; thence, south 82 degrees, 35 minutes west for a distance of 123 ft. to a stake; thence, south 9 degrees, 18 minutes east for a distance of 1,304 ft. to a stake; thence, north 23 degrees, 18 minutes east for a distance of 393 ft., thence, north 23 degrees, 23 minutes for a distance of 918 ft. to a stake;

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thence, north 21 degrees, 47 minutes east for a distance of 277 ft. to a stake; thence, north 14 degrees, 9 minutes east for a distance of 450 ft. to a stake; thence, north 7 degrees, 59 minutes east for a distance of 334 ft. to a stake; thence, north 0 degrees, 14 minutes east for a distance of 306 ft. to a stake; thence, north 82 degrees, 10 minutes west for a distance of 519 ft. to the true point of beginning; and Whereas, Wheeler and Telfair Counties propose to improve the existing landing strip facilities located on said tract so that larger aircraft which are presently prohibited from using said strip may be accommodated; and Whereas, the improvements contemplated in said landing facility will allow certain aircraft presently employed by the Georgia Forestry Commission the use of said facility which are presently prohibited the use thereof; and Whereas, said tract without said improvements is of no use to the State of Georgia thereby making said property surplus. 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 Wheeler and Telfair Counties, as tenants-in-common, the above described tract. The consideration for said conveyance shall be $10.00 and the benefits flowing to the State of Georgia and specifically to the Georgia Forestry Commission by the improvements contemplated to be made thereon. Approved March 27, 1965. GEORGE W. PRIDGEN ROADSIDE PARK DESIGNATED. No. 26 (House Resolution No. 125-208). A Resolution. Designating the George W. Pridgen Roadside Park; and for other purposes.

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Whereas, the late George W. Pridgen was born on August 29, 1818, and moved to Coffee County, Georgia, in approximately 1850, settling upon a large tract of land; and Whereas, during this destinguished Georgian's life, he was the benefactor of many worthwhile endeavors, having donated large portions of his land to worthy civic endeavors; and Whereas, during the War between the States he served with admirable distinction as a Captain in the Confederate Army; and Whereas, there is under construction at the present time a roadside park in Coffee County; and Whereas, it is only befitting and proper that the outstanding achievements of this distinguished Georgian be recognized in some befitting manner. Now, therefore, be it resolved by the General Assembly of Georgia that the roadside park now under construction in Coffee County is hereby designated as the George W. Pridgen Roadside Park. Be it further resolved that the State Highway Department is hereby authorized and instructed to erect an appropriate marker at said roadside park evidencing the designation of said park. Approved March 27, 1965. J. CLIFF KENNEDYREVEREND REED B. PURCELL BRIDGE DESIGNATED. No. 32 (House Resolution No. 123-192). A Resolution. Designating the J. Cliff Kennedy-Reverend Reed B. Purcell Bridge; and for other purposes.

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Whereas, the Honorable J. Cliff Kennedy and the Reverend Reed B. Purcell were long-time residents of Tattnall County, both having recently passed away; and Whereas, J. Cliff Kennedy was a member of the General Assembly, serving long, faithfully and well in both the House of Representatives and the Senate; and Whereas, the Reverend Reed B. Purcell was a Baptist Minister of the Gospel and served his Creator and the people of Georgia long, faithfully and untiringly; and Whereas, during their entire lives, Mr. Kennedy and Reverend Purcell were outstanding leaders in religious, civic, political and business activities throughout their communities and Georgia; and Whereas, a new highway bridge is now being constructed on Georgia Highway 178, formerly known as the Cowford Bridge Road, located between the Georgia State Prison and Highway 144 towards Glenville, Georgia; and Whereas, it is only appropriate that these men's accomplishments and public services be recognized in some fashion. Now, therefore, be it resolved by the General Assembly of Georgia that the bridge being completed on Georgia Highway 178, formerly known as the Cowford Bridge Road, located between the Georgia State Prison and Highway 144 towards Glennville is hereby designated as the J. Cliff Kennedy-Reverend Reed B. Purcell Bridge. The State Highway Department is hereby authorized and directed to erect an appropriate marker so designating said bridge. Be it further resolved that the Clerk of the House of Representatives is authorized and directed to forward an appropriate copy of this resolution to Mrs. J. Cliff Kennedy and Mrs. R. B. Purcell. Approved March 27, 1965.

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SUSPENSION OF SALES TAX ON PURCHASES BY CHAPEL OF ALL FAITHS FOUNDATION, INC., RATIFIED. No. 34 (House Resolution No. 57-107). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated May 25, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the pipe organ, pews and office furniture purchased by The Chapel of All Faiths Foundation, Inc. for the equipment of the Chapel of All Faiths at Milledgeville State Hospital, Milledgeville, Georgia 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 May 25, 1964, which is as follows: Whereas: The Chapel of All Faiths Foundation, Inc., was formed for the purpose of constructing and equipping places of worship for the patients of Milledgeville State Hospital, Milledgeville, Georgia; and Whereas: The funds for constructing and equipping said places of worship have been derived from contributions from the citizens of the State of Georgia and have been used solely for such purposes and not for the pecuniary gain or profit of any private individual; and Whereas: Upon completion, said places of worship were donated to the State of Georgia for use by the patients of said Hospital; and Whereas: There are unpaid sales or use taxes due on the pipe organ, pews and office furniture purchased by the Foundation for use in said places of worship; and

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Whereas: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend the 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 the sales or use taxes due on said pipe organ, pews and office furniture be suspended until the next meeting of the General Assembly. This 25th day of May, 1964. /s/ Carl E. Sanders. Governor is hereby ratified, approved, and confirmed. Section 2. All laws, or parts of laws, in conflict with this Resolution are hereby repealed. Approved March 27, 1965. STATE REAL PROPERTIES CONTROL COMMISSION AUTHORIZED TO SELL DESCRIBED PROPERTY. No. 35 (House Resolution No. 183-418). A Resolution. Authorizing the conveyance of a certain tract of state-owned property; and for other purposes. Whereas, the State of Georgia owns the following described tract of land: All that tract or parcel of land lying and being in land lot 243 of the 17th district of Fulton County, Georgia, more particularly described as follows:

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Beginning at a railroad iron at the intersection formed by the northwesterly line of the 66 foot spur track right-of-way of the Louisville Nashville Railroad with the easterly line of the 200 foot right-of-way of said railroad, and running thence northerly along the easterly line of said 200 foot right-of-way 1072.1 feet to an iron pin; thence south 77 degrees 25 minutes west, 50 feet to an iron pin; thence southerly parallel to and at all points 50 feet westerly from the above mentioned easterly line of said 200 foot right-of-way, a distance of 1050 feet to an iron pin; thence south 77 degrees 11 minutes east, 50 feet to the point of beginning; as shown on plat of survey for Sonoco Products Company, made by Ernest L. Boggus, Public Engineer and Surveyor, dated January, 1965.; and Whereas, said tract is a part of the property under the control of the State Real Properties Control Commission for leasing purposes; and Whereas, the present lessee of the above described tract has declared said tract as surplus and unnecessary for its needs and purposes and has consented in writing to its disposal by the State of Georgia and the exclusion from the terms and provisions of its lease contract; and Whereas, the sale of the above described tract will not reduce the value of the entire tract owned by the State of Georgia for lease purposes; and Whereas, said tract is surplus and no longer of any use to the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the State Real Properties Control Commission is hereby authorized to investigate the circumstances surrounding the disposition of the above described tract; and, if in its own determination should decide that said tract is surplus and unnecessary, said Commission is authorized to advertise said property for sale; and, if in the estimation of said Commission receives favorable bids for the sale of said property, then said Commission

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is authorized, acting for and in behalf of the State of Georgia, to convey said tract to the highest bidder. Approved March 27, 1965. SEVENTEEN MILE RIVER DESIGNATED. No. 36 (House Resolution No. 103-133). A Resolution. To designate the Seventeen Mile River; and for other purposes. Be it resolved by the General Assembly of Georgia that the name of Seventeen Mile Creek, which begins in Coffee County and flows southeastward into Atkinson County and into the Satilla River in Atkinson County, is hereby designated as the Seventeen Mile River, and the State Highway Department is hereby authorized and directed to so identify said River by the placing of appropriate plaques or other means of identification at bridges crossing said River. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Director of the State Highway Department and to the Chairman of the governing authority of Coffee County, and the Chairman of the governing authority of Atkinson County. Approved March 27, 1965. SUSPENSION OF SALES TAX ON SALES OF BIBLES, ETC. RATIFIED. No. 37 (House Resolution No. 56-107). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 5, 1964, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers'

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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 5, 1964, which is as follows: Ordered: 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 5th day of March, 1964. /s/ Carl E. Sanders Governor is hereby ratified, approved, and confirmed. Section 2. All laws, or parts of laws, in conflict with this Resolution are hereby repealed. Approved March 27, 1965. MARRIAGE LICENSES. Code Title 53 Amended. No. 290 (House Bill No. 279). An Act to amend Code Title 53, known as Husband and Wife, as amended, particularly by an Act approved February 28, 1939 (Ga. L. 1939, p. 219), an Act approved

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March 24, 1939 (Ga. L. 1939, p. 221), an Act approved February 14, 1956 (Ga. L. 1956, p. 43), an Act approved February 22, 1957 (Ga. L. 1957, p. 83), an Act approved March 17, 1958 (Ga. L. 1958, p. 214), an Act approved March 7, 1960 (Ga. L. 1960, p. 179), an Act approved February 27, 1962 (Ga. L. 1962, p. 138), and an Act approved April 12, 1963 (Ga. L. 1963, p. 485), so as to provide for a certificate signed by a licensed physician of the State of Georgia, stating that an underage female is pregnant; to provide for parental consent for both the underage woman and the underage man under the former provision; to provide the time and place for the issuance of marriage licenses; to provide for a mandatory 3-day waiting period in certain cases from the date application is made until issuance of the marriage license; to provide that parent or guardian of any applicant 19 years of age or under must appear in person before the ordinary and consent to the proposed marriage, or consent by an affidavit where a physical appearance is not possible; to provide that the ordinary shall require proof of age of all applicants; to provide that certain actions shall constitute misdemeanors and to provide for the punishment thereof; to repeal certain sections not in conflict with the above mentioned changes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 53, known as Husband and Wife, as amended, particularly by an Act approved February 28, 1939 (Ga. L. 1939, p. 219), an Act approved March 24, 1939 (Ga. L. 1939, p. 221), an Act approved February 14, 1956 (Ga. L. 1956, p. 43), an Act approved February 22, 1957 (Ga. L. 1957, p. 83), an Act approved March 17, 1958 (Ga. L. 1958, p. 214), an Act approved March 7, 1960 (Ga. L. 1960, p. 179), an Act approved February 27, 1962 (Ga. L. 1962, p. 138), and an Act approved April 12, 1963 (Ga. L. 1963, p. 485), is hereby amended by striking from the next to the last paragraph of Code section 53-102, relating to persons able to contract marriage, the words:

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being presented to the ordinary, and inserting in lieu thereof the words: said proof to be shown to the ordinary by a certificate signed by a licensed physician of the State of Georgia, stating that the female applicant is, in his opinion, pregnant, and adding to the end of said paragraph: Provided, however, that where either or both of the applicants are underage, parental consent of each such underage applicant must be shown to the ordinary. Said parental consent must be in person unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit, signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. Parental consent shall include guardians as well as natural and adoptive parents., so that when so amended, the next to the last paragraph of Code section 53-102 shall read as follows: Provided, however, that the age limitations contained herein shall not apply upon proof of pregnancy on the part of the female, said proof to be shown to the ordinary by a certificate signed by a licensed physician of the State of Georgia, stating that the female applicant is, in his opinion, pregnant, in which case the parties may contract marriage regardless of age. Provided, however, that where either or both of the applicants are underage, parental consent of each such underage applicant must be shown to the ordinary. Said parental consent must be in person unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit, there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. Parental consent shall include guardians as well as natural and adoptive

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parents. Said certificate signed by a physician shall be available for inspection by the parents or guardians of either the female or male applicant under this section, but said certificate shall not be open to public inspection except on order of a Judge of the Superior Courts. Licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 or 84-12. Code 53-102 amended. Section 2. Said Title is further amended by striking from Code section 53-201, relating to marriage licenses, how granted, returned, and recorded, as amended, particularly by an Act approved February 14, 1956 (Ga. L. 1956, p. 403), and an Act approved March 7, 1960 (Ga. L. 1960, p. 179), by striking from the first paragraph of said section the words: or by the ordinary at his legal residence; only between the hours of 8 a.m., and 6 p.m., or by a clerk at such clerk's residence, provided such residence is within the militia district of the county seat, and inserting in lieu thereof the words: only between the hours of 8 a.m. and 6 p.m. on Monday through Saturday; no licenses shall be issued between the hours of 6 p.m. Saturday and 8 a.m. the following Monday, so that when so amended, the first paragraph of section 53-201 shall read as follows: 53-201. How granted, returned, and recorded .Marriage licenses shall be granted only by the ordinary, or his clerk at the county courthouse, only between the hours of 8 a.m. and 6 p.m. Monday through Saturday; no licenses shall be issued between the hours of 6 p.m. Saturday and 8 a.m. the following Monday. Such license shall be issued in the county where the female to be married resides if she is a resident of this State, and in the county in which the ceremony is to be performed, if the female to be married be a nonresident of this State. The license shall be directed to any judge, city recorder, justice of the peace, or minister of the gospel, authorizing the marriage of the persons

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therein named and requiring such judge, justice of the peace, or minister of the gospel to return the said license to the ordinary, with the certificate thereon as to the fact and date of marriage, within 30 days after the date of said marriage, which license, with the return thereon shall be recorded by the ordinary in a book kept by him for that purpose. Section 3. Said Title is further amended by striking the second paragraph of Code section 53-202, relating to the application for licenses; information as to impediments; three-day waiting periods, as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 214), and inserting in lieu thereof a new second paragraph of Code section 53-202 to read as follows: Provided, however, no marriage license shall be issued earlier than 3 days following the application therefor, unless the female applicant is pregnant and such pregnancy is proved by a certificate signed by a licensed physician of the State of Georgia, or unless the applicants are the parents of a living child born out of wedlock, or unless both applicants have been proved to be 21 years of age or older, in any of which events a marriage license may be issued immediately. Any person who issues such license in violation of this paragraph, unless the parties fall under the 3 exceptions as hereinbefore mentioned, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as a misdemeanor. Such wilful conduct shall constitute malpractice in office. Code 53-202 amended. Section 4. Said Title is further amended by striking Code section 53-204, relating to notice of application; posting; contents, in its entirety and inserting in lieu thereof a new Code section 53-204 to read as follows: 53-204. Notice of Application; contents .In cases where the parties applying for a license are 19 years of age or younger, their ages to be proved to the ordinary as hereinafter provided, the parents or guardians of each underage applicant must appear in person before the ordinary and

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consent to the proposed marriage, unless physical presence because of illness or infirmity is impossible, in which case an affidavit by said incapacitated parent or guardian shall suffice. In addition to said affidavit there must also be included an affidavit signed by a licensed attending physician stating that said parent or guardian is physically incapable of being present. All applicants who have passed their 19th birthday but have not yet attained the age of 21 years may be married without the consent of parent or guardian, but in no case shall the three-day waiting period be waived. All applicants who have reached their 21st birthday, such proof being shown to the ordinary as hereinafter mentioned, may be married immediately and waive the three-day mandatory waiting period. Licensed attending physician shall include only those physicians licensed under Code Chapters 84-9 or 84-12. Section 5. Said Title is further amended by striking Code section 53-205, relating to when licenses may not be issued within five days; exceptions, in its entirety. Code 53-205 repealed. Section 6. Said Title is further amended by striking in its entirety Code section 53-206, relating to proof of majority, notice to be posted when parties fail to establish majority, and inserting in lieu thereof a new Code section 53-206 to read as follows: 53-206 . When the applicant claims that the parties are 21 years of age or over, the ordinary to whom the application is made shall satisfy himself that the applicant's contention as to their ages is true. If the ordinary does not know of his own knowledge that both parties for whom a marriage license is sought are 21 years of age, or over, he shall require applicants to furnish birth certificates, or baptismal certificates. Applicants who have passed their 19th birthday may be issued a license at the expiration of 3 days. Applicants who have not passed their 19th birthday must have the consent of their parents or guardian as specified in Code section 53-204. With such consent, a marriage license may be issued at the expiration of 3 days; except in cases where the male applicant has not yet reached

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his 18th birthday and in cases where the female applicant has not yet reached her 16th birthday; in such cases, in addition to parental consent, the underage applicant or applicants must submit evidence in the form of a physician's certificate that the female is pregnant or that both applicants are the parents of a living child born out of wedlock in which case the parties may be issued a marriage license immediately. Applicants who have satisfactorily proved that they are 21 years of age or over may be issued a marriage license immediately. Physician's certificate shall include only those certificates signed by physicians licensed under Code Chapters 84-9 or 84-12. Section 7. Said Title is further amended by striking Code section 53-207, relating to ordinary to inquire as to ages; no license for female under 18 except by parent's or guardian's written consent; in its entirety. Code 53-207 repealed. Section 8. Said Title is further amended by striking from Code section 53-208, relating to liability of ordinary for failure to post facts pertaining to application or issuing license unlawfully, as amended by an Act approved February 28, 1939 (Ga. L. 1939, p. 219), and an Act approved March 24, 1939 (Ga. L. 1939, p. 221), the following words: failure to post facts pertaining to application or, and the words: fail to post in his office the required notice pertaining to the application, or who shall, and by striking the figure 18 and inserting in lieu thereof the figure 19, so that when so amended Code section 53-208 shall read as follows: 53-208. Liability of ordinary for issuing license unlawfully .Any ordinary who by himself or clerk shall issue a license in violation of the time provision, or who shall knowingly grant a license without the required consent or without proper precaution in inquiring into the question of

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minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such act, to be recovered at the suit of the father or mother, if living, and if not, father or mother, the guardian or legal representative of either of such contracting parties: Provided, that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage: and Provided further that no such action shall be brought prior to the expiration of 60 days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of 12 months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence: Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than 19 years of age. Section 9. Said Title is further amended by adding to Code section 53-99. Crimes, a new subsection to be designated 53-9912. Filing false information relating to application for marriage licenses, to read as follows: 53-9912. Filing false information relative to application for marriage licenses .Any person who shall wilfully furnish false information in connection with the application and issuance of any marriage license, either in the application for the license, or in furnishing proof of age, or in the physician's certificate as to pregnancy, shall be guilty of a misdemeanor, and shall be punished as for a misdemeanor. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1965.

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TIME OF MAKING TAX RETURNS IN CERTAIN COUNTIES. Code 92-6201 Amended. No. 291 (House Bill No. 548). An Act to amend an Act amending Code section 92-6201 of the Code of 1933, providing for the time for making tax returns 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, approved March 11, 1964 (Ga. L. 1964, p. 457), so as to provide that in any such county the tax commissioner, with the approval of the board of commissioners of roads and revenues of such county, may extend the time for filing tax returns not to exceed 30 days and may eliminate the penalty for failure to timely file tax returns on motor vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending Code section 92-6201 of the Code of 1933, providing for the time for making tax returns 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, approved March 11, 1964 (Ga. L. 1964, p. 457), is hereby amended by adding at the end of section 1 thereof the following language: Where applicable, extensions. Provided, however, that the tax commissioner in any such county, with the approval of the board of commissioners of roads and revenues of such county, may extend the time for filing returns not to exceed 30 days and may eliminate the penalty for failure to timely file tax returns on motor vehicles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1965.

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OCCUPATION TAXES ON CORPORATIONS. Code 92-2401, 92-2402, 92-2405 Amended. No. 292 (House Bill No. 561). An Act to amend Code sections 92-2401, 92-2402, and 92-2405, relating to the imposition, assessment, reporting, and collection of the annual license or occupation tax on domestic, domesticated foreign, and foreign corporations, as amended, so as to provide for such corporations that are subject to the Georgia income tax laws the same taxable periods and reporting dates for the license or occupation tax as are provided for the income tax; to provide a taxable date; to provide definitions; to provide for a first return of such corporations and for a taxable period of less than six months; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 92-2401, relating to the imposition, assessment, reporting, and collection of the annual license or occupation tax on domestic and domesticated foreign corporations, as amended, is hereby amended by adding to the end of the last paragraph of said Code section the following: : Provided, that for corporations required to make a return of net income under the income tax laws of this State, the taxable period for which the tax provided in this section is imposed shall be the taxable period for which the corporation reports its net income for purposes of the Georgia income tax as provided by law. In such case the taxable date shall be the first day of such taxable period, and the net worth which measures this tax shall be net worth as of the beginning of business on the taxable date. so that said last paragraph of said Code section 92-2401 when so amended will read as follows:

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The taxable period for which the tax provided in this section is imposed shall be the calendar year for taxable corporations in existence on January 1. For a corporation coming into existence during a calendar year, its first taxable period shall begin with the date of incorporation and run through December 31st of that calendar year; thereafter its taxable period shall be the calendar year; as aforesaid. The taxable date shall be the first day of the taxable period, and the net worth which measures this tax shall be net worth as of the beginning of business on the taxable date. The tax imposed hereunder shall be paid to the State Revenue Commissioner by each corporation taxable hereunder on the date of the filing of the return as hereinafter required and no return shall be considered as filed unless accompanied by payment of the tax imposed by this section: Provided, that for corporations required to make a return of net income under the income tax laws of this State, the taxable period for which the tax provided in this section is imposed shall be the taxable period for which the corporation reports its net income for purposes of the Georgia income tax as provided by law. In such case the taxable date shall be the first day of such taxable period, and the net worth which measures this tax shall be net worth as of the beginning of business on the taxable date. Code 92-2401 amended. Section 2. Code section 92-2402, dealing with the imposition, assessment, reporting, and collection of the annual license or occupation tax on domestic corporations, as amended, is hereby amended by adding after subsection (p) thereof a new subsection (q), which shall read as follows: (q) Notwithstanding any other provision of this Code section, every domestic or domesticated foreign corporation required to make a return of net income under the income tax laws of this State, shall, at the time such income tax return is required by law to be filed, file with the State Revenue Commissioner the return as required by the provisions of this Code Section; provided, that the first return of any such corporation coming into existence or becoming domesticated in this State shall be filed on or before the

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15th day of the fourth calendar month after incorporation or domestication (counting the month of incorporation or domestication); and provided, further, that if such first return is for a taxable period of less than six months, the corporation license tax for such taxable period shall be 50 per cent. of the tax imposed by this law for an entire year. Code 92-2402 amended. Section 3. Code section 92-2405, relating to the imposition, assessment, reporting, and collection of the annual license or occupation tax on foreign corporations, as amended, is hereby amended by adding after subsection (m) thereof a new subsection (n), which shall read as follows: (n) Notwithstanding any other provision of this Code section, every foreign corporation required to make a return of net income under the income tax laws of this State, shall at the time such return is required by law to be filed, file with the State Revenue Commissioner the return as required by the provisions of this Code section; provided, that the taxable period of such corporation for purposes of the license tax imposed by this law shall be the taxable period for which the corporation reports its net income for purposes of the Georgia income tax, as provided by law, and the taxable date shall be the first day of such taxable period, and the net worth which measures this tax shall be the net worth as of the beginning of business on the taxable date; provided, further, that the first return of any such foreign corporation shall be filed on or before the 15th day of the fourth calendar month after starting to do business in this State (counting the month in which business is begun); and provided, further, that if such first return is for a taxable period of less than six months, the corporation license tax for such taxable period shall be 50 per cent. of the tax imposed by this law for an entire year. Code 92-2405 amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. This Act shall become effective for all taxable periods beginning on or after January 1, 1966. Approved March 29, 1965.

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HOSPITAL AUTHORITIESLOCATION OF FACILITIES. Code 88-1803, 88-1804 Amended. No. 295 (House Bill No. 516). An Act to amend Code chapter 88-18, relating to hospital authorities, so as to provide for the location of the facility in order to serve effectively counties, municipalities, towns, or cities joining in the creation of a hospital authority; to provide that the residency requirements, and certain qualifications of the trustees for certain authorities shall not apply in certain instances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code chapter 88-18, relating to hospital authorities, is hereby amended by adding at the end of Code section 88-1803, relating to the creation of hospital authorities, the following sentence: Provided, however, the project or projects of such authority created by two (2) or more counties, or two (2) or more municipalities, or any county or municipality or combination thereof, may be located without the area of the sponsor's operation when determined by the trustees that this will best serve the purposes of the facility and provided the same is located within the area of service and within twelve (12) miles of the hospital location or within twelve (12) miles of the sponsoring county or municipality, whichever is further. Section 2. Said chapter is further amended by adding after the first sentence of Code section 88-1804, relating to membership of hospital authorities, the following sentence: The requirement of residence in the preceding sentence shall not apply to the municipalities or counties which by like resolution join in activation of an authority consisting of two (2) or more participating units provided they be

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selected from within the area of service and within twelve (12) miles of the hospital location or within twelve (12) miles of the sponsoring county or municipality, whichever is further., so that when so amended said Code section shall read as follows: 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 requirement of residence in the preceding sentence shall not apply to the municipalities or counties which by like resolution join in activation of an authority consisting of two (2) or more participating units provided they be selected from within the area of service and within twelve (12) miles of the hospital location or within twelve (12) miles of the sponsoring county or municipality, whichever is further. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1965.

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GEORGIA ELECTION CODE AMENDEDSPECIAL ELECTION FOR MEMBERS OF HOUSE OF REPRESENTATIVES. Code Title 34 Amended. No. 296 (House Bill No. 580). An Act to call and provide for the holding of a special election for the election of members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives of the General Assembly; to call and provide for the holding of special primaries for the nomination of candidates of political parties for election to membership in the House of Representatives in such special election; to amend the Georgia Election Code, relating to the regulation of primaries and elections, approved June 24, 1964 (Ga. L. 1964, Ex. Sess., p. 26, et seq.), so as to define the date and purpose of such special election and such special primaries; to provide that each candidate of a political party for election to membership in the House of Representatives in such special election shall be nominated in one of such special primaries; to provide that candidates seeking election to membership in the House of Representatives shall file their notice of candidacy in the office of the Secretary of State; to prescribe the qualification deadlines for candidates seeking election to membership in the House of Representatives in such special election; to prescribe the qualification deadline for candidates seeking party nomination in such special primaries; to provide that each candidate seeking election to membership in the House of Representatives in such special election, who is not the nominee of a political party, shall be required to accompany his notice of candidacy with a nomination petition; to reduce the amount of notice required to be given by the ordinary as to the times and places where the preparation of voting machines for use in such special primaries and such special election will be started;

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to reduce the amount of time required for the instruction of electors in the use of voting machines and vote recorders prior to the conduct of such special primaries and such special election; to reduce the amount of time voting machines are required to remain locked against voting following such special primaries and such special election; to provide that each candidate for federal, state or county office shall file his notice of candidacy in the office of the proper public official at least forty-five days prior to the election in the case of a general election; to provide that each candidate seeking public office in a general election, who is required to accompany his notice of candidacy with a nomination petition, shall file his notice at least sixty days prior to the general election; to provide that certain provisions of this Act shall be repealed on November 30, 1965; to provide that the effectiveness of certain provisions of this Act shall be held in abeyance during the period of effectiveness of any judicial order which has the effect of authorizing the present members of the House of Representatives to serve a full two-year term, and to provide that in the event the effectiveness of such an order is terminated on or after April 5, 1965, certain provisions of this Act shall be amended in a certain manner so as to authorize the Governor to call a special election for the election of members of the House of Representatives in accordance with the provisions of the above described Act reapportioning the membership of the House of Representatives and in accordance with certain provisions of this Act and to provide for the holding of special primaries and the filing of nomination petitions in connection therewith; to provide that in the event a court order should prevent, impair or frustrate the conduct of the special primaries and special election first above described, certain provisions of this Act shall be amended in a certain manner so as to authorize the Governor to call a special election for the election of members of the House of Representatives in accordance with the provisions of the above described Act reapportioning the membership of the House of Representatives and in accordance with certain provisions of this Act and to provide for the holding of special

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primaries and the filing of nomination petitions in connection therewith; to declare the legislative intent regarding the invalidation of any part of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. By virtue of an Act having been adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives, the General Assembly hereby calls a special election to be held on Wednesday, May 26, 1965, for the election of members of the House of Representatives in accordance with the provisions of such Act of reapportionment, and the General Assembly hereby calls a special primary to be held on Wednesday, April 21, 1965, for the nomination of candidates of the political party (having the largest number of members among the present membership of the House of Representatives) for election to membership in the House of Representatives in such special election, and the General Assembly hereby calls a special primary to be held on Wednesday, April 28, 1965, for the nomination of candidates of any other political party for election to membership in the House of Representatives in such special election. Such special election and such special primaries shall be held in accordance with the provisions of the Georgia Election Code, as amended, and as amended particularly by the provisions of this Act. Special election called. Section 2. Subsection (ab) of section 34-103 of the Georgia Election Code (Ga. L. 1964, Extra. Sess., p. 26, et seq.), relating to the definition of special elections and primaries, is hereby amended by adding at the end of such subsection (ab) the following words: and the words `Special Election for Representatives' shall mean the special election to be held on Wednesday, May 26, 1965, for the election of members of the House of Representatives of the General Assembly; and the words `First Special Primary for Representatives' shall mean the special primary to be held on Wednesday, April 21, 1965, for the nomination of candidates of the political party (having the largest number of members

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among the present membership of the House of Representatives of the General Assembly) for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives; and the words `Second Special Primary for Representatives' shall mean the special primary to be held on Wednesday, April 28, 1965, for the nomination of candidates of any other political party for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives;. Code 34-103 amended. Section 3. Chapter 34-8 of the said Georgia Election Code, relating to the dates of primaries and elections, is hereby amended by adding at the end of such Chapter 34-8 a new section to read as follows: Section 34-808. First Special Primary for Representatives; Second Special Primary for Representatives; Special Election for Representatives .Each candidate of the political party (having the largest number of members among the present membership of the House of Representatives of the General Assembly) for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives shall be nominated in the First Special Primary for Representatives or in any resulting runoff primary. Each candidate of any other political party for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives shall be nominated in the Second Special Primary for Representatives or in any Resulting runoff primary. Section 4. Subsection (b) of section 34-1001 of the said Georgia Election Code, relating to the filing of notice of candidacy, is hereby amended by striking such subsection (b) in its entirety and inserting in lieu thereof a new subsection to read as follows: (b) Each candidate for federal or state office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy, giving his name, residence address

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and the office he is seeking, in the office of the Secretary of State at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election; except, that such filing shall not apply to a candidate for a militia district office (justice of the peace or constable). Each candidate for a county or militia district office, or his agent, desiring to have his name placed on the ballots, shall file notice of his candidacy in the office of the ordinary of his county at least forty-five days prior to the election in the case of a general election and at least fifteen days prior to the election in the case of a special election. If a runoff primary is held, each candidate nominated therein, or his agent, shall file notice of his candidacy with the appropriate officer within five days after the holding of such primary, irrespective of such five day period exceeding a qualification deadline herein above prescribed. Any candidate required to accompany his notice of candidacy with a nomination petition as hereafter prescribed, shall file his notice at least sixty days prior to the general election. Any other provision of this Code to the contrary notwithstanding, each candidate seeking election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives and who is required to accompany his notice of candidacy with a nomination petition, or his agent, shall file his notice of candidacy in the office of the Secretary of State not later than noon on Saturday, April 10, 1965; and each nominee of a political party seeking election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives, or his agent, shall file his notice of candidacy in the office of the Secretary of State within five days after the day of holding the primary or runoff primary in which he is nominated; and effective November 30, 1965, this sentence shall be automatically repealed. Code 34-1001 amended. Section 5. Subsection (c) of section 34-1001 of the said Georgia Election Code, relating to the definition of those classes of candidates who are not required to accompany their notice of candidacy with a nomination petition, is

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hereby amended by adding at the end of such Subsection (c) a new sentence to read as follows: Clauses (iii) and (iv) of the preceding sentence shall not apply to candidates seeking election to membership in the House of Representatives in the Special Election for Representatives, nor shall such clauses (iii) and (iv) excuse any such candidate from accompanying his notice of candidacy with a nomination petition.. Same. Section 6. Section 34-1006 of the said Georgia Election Code, relating to the qualification of candidates for party nomination in a primary, is hereby amended by striking the period at the end of the second sentence of such section 34-1006 and inserting in lieu of such period the following punctuation and words: ;provided, however, that each candidate seeking party nomination in the First Special Primary for Representatives or in the Second Special Primary for Representatives shall qualify in accordance with the rules of his party not later than noon on Saturday, April 10, 1965.. Code 34-1006 amended. Section 7. Subsection (b) of section 34-1010 of the said Georgia Election Code, relating to the number of signatures required for the nomination of candidates by petition, is hereby amended by striking such subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) A nomination petition of a candidate shall be signed by a number of electors of not less than five per cent of the total number of electors eligible to vote in the next election for the filling of the office the candidate is seeking as of the close of the registrars' business on the business day immediately preceding the day on which the nomination petition is filed; except that in the case of a candidate seeking the office of judge of the superior court or solicitor general the five per cent figure shall be computed only on the total number of such electors of the judicial circuit directly involved. Code 34-1010 amended. Section 8. Subsections (c) and (d) of section 34-1010 of the said Georgia Election Code, relating to the preparation

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of nomination petitions, are hereby amended by striking therefrom the word general wherever it appears in such subsections (c) and (d). Same. Section 9. Subsection (c) of section 34-1209 of the said Georgia Election Code, relating to the preparation of voting machines for use in primaries and elections, is hereby amended by striking the word twentieth from the first sentence of such subsection (c) and inserting in lieu thereof the word third. Code 34-1209 amended. Section 10. Subsection (a) of section 34-1213 of the said Georgia Election Code, relating to the instruction of electors in the use of voting machines prior to primaries and elections, is hereby amended by striking the words ten days from the first sentence of such subsection (a) and inserting in lieu thereof the word day. Code 34-1213 amended. Section 11. Section 34-1227 of the said Georgia Election Code, relating to the instruction of electors in the use of vote recorders prior to primaries and elections, is hereby amended by striking the words ten days from the first sentence of such section 34-1227 and inserting in lieu thereof the word day. Code 34-1227 amended. Section 12. Section 34-1332 of the said Georgia Election Code, relating to the removal and storage of voting machines, is hereby amended by striking the word ten from the second sentence of such section 34-1332 and inserting in lieu thereof the word two. Code 34-1332 amended. Section 13. The provisions of sections 2, 3, 5, 6, 9, 10, 11 and 12 of this Act shall remain effective until November 30, 1965, and upon such date they are hereby repealed. Effective until Nov. 30, 1965. Section 14. The effectiveness of the provisions of sections 1, 2, 3, 5, 6, 9, 10, 11, 12 and 13, and the last sentence of subsection (b) of section 34-1001, as stated in section 4 of this Act, shall be held in abeyance during the period of effectiveness of any order issued by a state or federal court or state or federal judge or justice of competent jurisdiction,

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which has the effect of authorizing the present members of the House of Representatives of the General Assembly to serve a full two year term and until their successors qualify and take office at the beginning of the 1967 regular session of the General Assembly. In the event the effectiveness of such an order should be terminated on or after Monday, April 5, 1965, the provisions of sections 1, 2, 4 and 6 of this Act are hereby amended in the manner described in paragraphs (a), (b), (c) and (d) of section 15 of this Act. Intent. Section 15. In the event a court order should prevent, impair, or frustrate the conduct of the special primaries and the special election called in section 1 of this Act, the following amendments to this Act are hereby made: (a) Section 1 of this Act is hereby amended by striking the same in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. By virtue of an Act having been adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives, the Governor is hereby directed to call a special election to be held on or before Wednesday, November 3, 1965, for the election of members of the House of Representatives in accordance with the provision of such Act of reapportionment. As of the date on which such call is issued by the Governor, the General Assembly hereby calls a special primary to be held on the thirty-fifth day prior to the date of such special election as specified in the call therefor, for the nomination of candidates of the political party (having the largest number of members among the present membership of the House of Representatives) for election to membership in the House of Representatives in such special election. As of the date on which such call is issued by the Governor, the General Assembly hereby further calls a special primary to be held on the twenty-eighth day prior to the date of such special election as specified in the call therefor, for the nomination of candidates of any other political party for election to membership in the House of Representatives

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in such special election. At least sixty-five but not more than seventy days shall intervene between the call of such special election and the holding of same. In the event a court order should prevent, impair or frustrate the conduct of any such special primary or such special election, the Governor is hereby authorized to rescind his call for such special election and to call another special election in accordance with the provisions of this Act. Such special election and such special primaries shall be held in accordance with the provisions of the Georgia Election Code, as amended, and as amended particularly by the provisions of this Act.; Special election. (b) Section 2 of this Act is hereby amended by striking the same in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Subsection (ab) of section 34-103 of the Georgia Election Code (Ga. L., 1964, Ex. Sess., p. 26, et seq.), relating to the definition of special elections and primaries, is hereby amended by adding at the end of such subsection (ab) the following words: and the words `Special Election for Representatives' shall mean the special election to be called by the Governor to be held on or before Wednesday, November 3, 1965, for the election of members of the House of Representatives of the General Assembly in accordance with the provisions of an Act adopted at the 1965 Regular Session of the General Assembly reapportioning the membership of the House of Representatives; and the words `First Special Primary for Representatives' shall mean the special primary to be held on the thirty-fifth day prior to the date of the Special Election for Representatives, for the nomination of candidates of the political party (having the largest number of members among the present membership of the House of Representatives of the General Assembly) for election to membership in the House of Representatives of the General Assembly in the Special Election for Representatives; and the words `Second Special Primary for Representatives' shall mean the special primary to be held on the twenty-eighth day prior to the date of the Special Election for Representatives, for the nomination of candidates of any other political party for election to membership

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in the House of Representatives of the General Assembly in the Special Election for Representatives;; Code 34-103 amended. (c) Section 4 of this Act is hereby amended by striking therefrom the words and figures Saturday, April 10, 1965 and inserting in lieu thereof the following words: the forty-ninth day prior to the date of the Special Election for Representatives as specified in the call therefor; and Section 4 amended. (d) Section 6 of this Act is hereby amended by striking therefrom the words and figures Saturday, April 10, 1965 and inserting in lieu thereof the following words: the forty-ninth day prior to the date of the Special Election for Representatives as specified in the call therefor. Section 6 amended. Section 16. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act or the application of the provision to other circumstances, shall not be affected thereby. Severability. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. LOCAL GOVERNMENT AND REVENUE STUDY COMMITTEE. No. 40 (House Resolution No. 240-665). A Resolution. Creating the Local Government and Revenue Study Committee; and for other purposes. Whereas, the responsibilities of State, county, and municipal governments are increasing more rapidly than at any other time in our history; and

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Whereas, the overlapping functions of governments are becoming more confused as our economy continues its transition from one predominantly agricultural to one of diversified business and industry; and Whereas, the fiscal, budgetary and financial matters of governments are becoming more complex with each passing year; and Whereas, the revenue laws applicable to governments are becoming increasingly important. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Local Government and Revenue Study Committee to be composed of 12 members as follows: 3 members of the House of Representatives to be appointed by the Speaker, 3 members of the Senate to be appointed by the President, 1 member representing municipal government to be appointed by the Governor, 1 member representing county government to be appointed by the Governor, 1 member representing management to be appointed by the Governor, 1 member representing labor to be appointed by the Governor, and 2 other citizens to be appointed by the Governor. The Committee shall study the general functions of each level of local government, and their relationship to State government, and to each other. It shall study and seek methods and additional approaches relative to further defining the proper functions and responsibilities of each level of government, and the proper allocation of existing sources of revenue to achieve maximum return on each revenue dollar. The Committee shall make recommendations for any additional study it thinks might be needed relative to any area of intergovernmental relationship concerning increased cooperation and efficiency between governmental units. The Committee is authorized to review the existing laws relating to procedures for budgeting, accounting, auditing and financial reporting of local governments and may make recommendations for improvements in the standardization of minimum requirements therefor. The Committee may study methods by

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which the State might assist local governments in the area of financial responsibility. The Committee is also authorized to study the fields of taxation with a view towards making recommendations as to the advisability and feasibility of making a more detailed study relative to the revision of the revenue laws of this State as applied to the State and local governments. The members shall meet within 15 days after all members have been appointed for the purposes of organizing, electing a chairman, a secretary, and such other officers as deemed advisable, and adopting procedures for the operation of the Committee. Any vacancy which occurs shall be filled by the person making the original appointment, and the person appointed shall represent the same field in which the vacancy occurs. Only the legislative 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 30 committee days. In the event the Governor appoints any person who is a member of the executive branch or the judicial branch of the government, such member shall receive the above from the funds from which he is otherwise compensated. The Committee shall make a report of its findings and recommendations on or before December 1, 1965, on which date the Committee shall stand abolished. Except as provided hereinbefore with reference to any member from the executive branch or the judicial branch of the government, the funds necessary for the purposes of this Resolution shall come from the funds appropriated to and available to the legislative branch of the government. Approved March 30, 1965. SUSPENSION OF CERTAIN INCOME TAXES RATIFIED. No. 41 (House Resolution No. 58-107). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated April 30, 1964, suspending the collection

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of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in section 179 of the Federal Internal Revenue Code of 1954 on returns of income for certain taxable years 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 April 30, 1964, which is as follows: Whereas: By Act of the General Assembly approved March 17, 1960 (Ga. L. 1960, p. 1055) section 92-3109 (f) of the Georgia Code, relating to depreciation and depletion allowances for State income tax purposes, was amended so as to authorize the State Revenue Commissioner to permit the use of methods of depreciation authorized in section 179 of the Federal Internal Revenue Code of 1954; and Whereas: By Act of the General Assembly of 1961 in House Bill 140, approved April 6, 1961, said Code section was further amended, but the aforesaid amendment of 1960 was inadvertently omitted in said Code section as amended; and Whereas: The General Assembly, Acts 1963, p. 314, ratified an Executive Order of the Governor, dated March 9, 1962, which reinstated the provisions of the said omitted amendment of 1960, pending the next meeting of the General Assembly; and Wheras: House Bill No. 267, to amend section 92-3109 (f) of the Georgia Code so as to reinstate the provisions of said omitted amendment of 1960, was not acted upon during the 1963 and 1964 sessions of the General Assembly due to other pressing legislative matters; and Whereas: Orderly administration of the income tax laws requires as much certainty and consistency as possible from year to year; and

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Whereas: Code section 40-205 of the Code of Georgia provides that the Governor of the State 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 State Revenue Commissioner further suspend until the next meeting of the General Assembly, the collection of any income tax attributable to the disallowance of the use of any of the methods of depreciation authorized in Section 179 of the Federal Internal Revenue Code of 1954 on returns filed subsequent to and which would otherwise be governed by the provisions of the Act approved March 17, 1960. This 30th day of April, 1964. /s/ Carl E. Sanders Governor is hereby ratified, approved, and confirmed. Section 2. All laws, or parts of laws, in conflict with this resolution are hereby repealed. Approved March 30, 1965. STATE BOARD OF EDUCATION TO DISCONTINUE COLLECTION OF OVERPAYMENTS TO JOHNSON COUNTY. No. 42 (House Resolution No. 164). A Resolution. Instructing the State Board of Education to discontinue collection of certain overpayments made to the board of education of Johnson County; and for other purposes. Whereas, in the fiscal year ended June 30, 1956, the

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State Department of Education charged the Johnson County school system with overpayments by said State Board of Education of $66,416.00; and Whereas, there is presently a balance due on this overpayment by Johnson County of $40,772.25; and Whereas, it is impossible for Johnson County to continue to operate its school system and at the same time repay this overpayment; and Whereas, if the State Board of Education continues to withhold funds from Johnson County in order to recover for this overpayment a disastrous effect will be inflicted upon the educational program for the children of Johnson County. Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Education is hereby authorized and directed to discontinue its efforts to collect this overpayment from Johnson County and is hereby authorized and instructed to discontinue withholding state funds from Johnson County in an attempt to recover its overpayment. Approved March 30, 1965. LEASE OF PROPERTY IN COBB COUNTY. No. 43 (House Resolution No. 210-558). A Resolution. Authorizing the Governor to execute a lease in behalf of the State of Georgia of certain property conveyed to the State by Cobb County, a political subdivision of the State of Georgia, 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.

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Whereas, by warranty deed on the 17th of July, 1964, Cobb County, through its commissioner of roads and revenues, conveyed to the State for and in consideration of the sum of $10.00 and other valuable considerations, certain real property located in Cobb 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: All that tract or parcel of land lying and being in land lot 168, the 20th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the northwest side of McCollum Parkway intersects the west boundary line of said land lot 168 and running north along the said west boundary line of the said land lot 168 for a distance of 1123.95 feet to a concrete marker on said land lot boundary line. Thence south 74 degrees, 05 minutes, east for a distance of 1167.12 feet to an iron pin point and corner located on the northwest side of the said McCollum Parkway. Thence southwesterly along the northwest of said McCollum Parkway for a distance of 1412.14 feet 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.

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(b) A rental consideration of $1.00 and the benefits which will accrue to the State of Georgia. Approved March 30, 1965. GEORGIA HEALTH CODE AMENDEDCONTROL ON IONIZING RADIATION. Code 88-1308 Amended. No. 297 (Senate Bill No. 35). An Act to amend an Act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), so as to provide that the Georgia Department of Public Health is authorized to enter into agreements with the Federal Government, other States, or interstate agencies, whereby this State will perform, on a cooperative basis with the Federal Government, other States, or interstate agencies, inspections and other functions related to the control of ionizing radiation; 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 Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), is hereby amended by striking subsection (b) of section 88-1308, relating to personal exposure records, in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The Department is authorized to enter into agreements with the Federal Government, other States, or interstate agencies, whereby this State will perform, on a cooperative basis with the Federal Government, other States, or interstate agencies, inspections and other functions related to the control of ionizing radiation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965.

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MILK CONTROL ACT AMENDED. No. 298 (Senate Bill No. 98). An Act to amend an Act approved March 30, 1937 (Ga. L. 1937, p. 247), as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 55), and by an Act approved February 17, 1959 (Ga. L. 1959, Vol. I, p. 46), creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the Milk Control Act, so as to express the true original legislative intent of said Act of February 17, 1959, transferring said Milk Commission to the Department of Agriculture; to provide that the Georgia Milk Commission created by said Act of 1959 shall be confirmed to the powers and authority vested in the Milk Control Commission as previously thereto constituted, together with all powers granted by laws amendatory thereto; to retain the Georgia Milk Commission as an independent agency of the Department of Agriculture; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 3 of the Act approved March 30, 1937 (Ga. L. 1937, p. 247), as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 55) and by an Act approved February 17, 1959 (Ga. L. 1959, Vol. I, p. 46) creating the Georgia Milk Commission and defining its duties, powers and membership and regulating the sale of milk, and known as the Milk Control Act is hereby amended by adding at the end of said section the following sentence: Said Milk Commission herein created shall possess and exercise all the powers and authority and perform all the duties heretofore by law reposed in and imposed upon the Milk Control Commission as heretofore constituted. Powers. Section 2. It is hereby declared that the original legislative intent of said Act approved February 17, 1959 (Ga.

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L. 1959, Vol. I, p. 46), is expressed in the foregoing amendment contained in section 1 of this Act, and that said Act of 1959 should be so construed; the purpose of said Act of 1959 being not to relocate the authority, powers and duties of the Georgia Milk Commission and place them, instead, in the Commissioner of Agriculture, but merely to reconstitute the Georgia Milk Commission as an agency of the Department of Agriculture possessing all of its previous independent power with respect to the making of rules and orders regulating the sale of milk, the granting, denying, suspending and revoking of licenses and permits, the conduct of hearings, the assessment and collection of fees and assessments authorized by law, and, generally, to do and perform all of the things necessary to the carrying out of said Milk Control Act, through the use of facilities and equipment furnished by the Department of Agriculture and as an administrative appendage of the Department of Agriculture. Intent. Section 3. Performance of the Georgia Milk Commission since April 1, 1959 (the effective date of the aforesaid Act of February 17, 1959) of its duties in accordance with the provisions of this Act, and all actions taken pursuant to the authority contained in said Act of 1959, as herein clarified and expressed, is hereby expressly ratified and confirmed. Section 4. From and after the date of approval of this Act by the Governor, the name of said Georgia Milk Control Commission shall be Georgia Milk Commission, and all action heretofore or hereafter taken in such name shall be the valid action of the Commission created by said Act herein amended and clarified. Name. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965.

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INSURANCEPAYMENTS TO AGENTS WRITING CERTAIN POLICIES. Code 56-803a Amended. No. 300 (House Bill No. 66). An Act to amend Code section 56-803a, relating to licensing of and paying commissions to agents writing life and accident and sickness insurance and annuity contracts, so as to provide that an insurer may make direct or indirect payment of commissions to incorporated insurance agencies either by contract with such incorporated agency, assignment, or other means; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-803a, relating to licensing of and paying commissions to agents writing life and accident and sickness insurance and annuity contracts, is hereby amended by striking in its entirety subsection (3) of said section and substituting in lieu thereof a new subsection (3) to read as follows: (3) (a) No insurer or agent doing business in this State shall pay, directly or indirectly, any commission or any other valuable consideration to any person for services as an agent within this State, unless such person shall hold a currently valid license to act as an agent as required by the laws of this State; except that an insurer may pay such commission or other valuable consideration to, and a licensed insurance agent may share any commission or other valuable consideration with, an incorporated insurance agency in which all employees, stockholders, directors or officers who solicit, negotiate or effectuate insurance contracts are qualified insurance agents holding a currently valid license as required by the laws of this State. (b) No person, partnership or corporation, other than a duly licensed agent or any agency as herein defined, shall

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accept any such commission or other valuable consideration, except as provided in subsection (a). (c) Provided, however, that the provisions of this section shall not prevent the payment or receipt of renewal or other deferred commissions to or by any person solely because such person has ceased to hold a license to act as an agent and shall not prevent the payment of renewal or other deferred commissions to any incorporated insurance agency solely because any of its stockholders has ceased to hold a license to act as an insurance agent. (d) Provided further, that the provisions of this section shall not prevent the payment or receipt of any commission or any other valuable consideration to or by a person who has applied for a temporary license pursuant to section 56-811a, subsection (3) pending issuance of such temporary license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. INSURANCERESIDENCE REQUIREMENTS OF APPLICANTS FOR LICENSES. Code 56-804b Amended. No. 301 (House Bill No. 64). An Act to amend Code section 56-804b, relating to the qualifications of applicants for insurance licenses so as to authorize the Commissioner to issue licenses to applicants in cities, towns or trade areas located partly within and partly without the State if the residence or place of business of such applicant is located in any part of the city or town and if the other state in which the city, town or trade area is located has established like requirements as to residence and place of business.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-804b, relating to the qualifications of applicants for licenses to transact property, casualty, surety and allied lines of insurance is hereby amended by striking subparagraph (a) of subsection (1) of said Code section and substituting therefor the following new subparagraph (a) of subsection (1) of Code section 56-804b: (a) Must be a citizen of the United States and a resident of this State who will reside and be present within this State for at least six (6) months of every year: Provided, however, in cities, towns or trade areas (either unincorporated or comprised of two or more incorporated cities or towns) located partly within and partly without the State, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town or trade area and if the other state in which the city, town or trade area is located in part has established like requirements as to such residence and place of business. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. COUNTY BOARDS OF EDUCATIONELECTION OF CHAIRMEN IN CERTAIN COUNTIES. Code 32-907 Amended. No. 308 (House Bill No. 111). An Act to amend Code section 32-907, relating to the officers of county boards of education, so as to provide that in certain counties the chairman of the board shall be elected for such term as shall be determined by the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Code section 32-907, relating to the officers of county boards of education, is hereby amended by adding at the end thereof the following: Provided, however, in all counties in this State having a population of not less than 49,500 nor more than 69,000, according to the 1960 United States decennial census or any such future census, the chairman of the board of education for such county shall be elected as hereinabove provided but shall serve for such term as shall be fixed by the board by appropriate resolution adopted by the board, which may be amended from time to time by the board. Where applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. GEORGIA INSURANCE CODETITLE 56 OF CODE OF GEORGIA OF 1933. Code 56-101 Amended. No. 309 (House Bill No. 67). An Act to amend an Act revising, classifying, consolidating and superseding the previous laws relating to insurance, approved March 8, 1960 (Ga. L. 1960, p. 289), as amended, which Act constitutes the Georgia Insurance Code and was intended to become Title 56 of the Code of Georgia of 1933, so as to make certain technical clarifications therein relating to the substitution of said Act for previous Title 56 of the Code of Georgia of 1933; to clarify the provisions relating to the short title; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, classifying, consolidating and superseding the previous laws relating to insurance,

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approved March 8, 1960 (Ga. L. 1960, p. 289), as amended, which Act constitutes the Georgia Insurance Code and was intended to become Title 56 of the Code of Georgia of 1933, is hereby amended by striking from section 1 the following: Section 1. The following shall constitute the Georgia Insurance Code: and substituting in lieu thereof the following: Section 1. The Code of Georgia of 1933 is hereby amended by striking in its entirety Title 56, relating to insurance, as amended, and substituting in lieu thereof a new Title 56 which shall read as follows:. Section 2. Said Act is further amended by striking in its entirety section 56-101, which section is quoted in section 1 of said Act, and which reads as follows: 56-101. Short Title This Title constitutes the Georgia Insurance Code., and substituting in lieu thereof a new section 56-101 which shall read as follows: 56-101. Insurance Code This Title constitutes the Georgia Insurance Code. Section 3. Said Act is further amended by striking in its entirety the following phrase as it appears at the end of section 2 thereof: are hereby repealed in their entirety and the foregoing provisions of the new Georgia Insurance Code, constituting a new Title 56 are substituted therefor, and substituting in lieu thereof the following phrase: are hereby repealed in their entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965.

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EXISE TAX ON OLEOMARGARINE REPEALED. No. 313 (House Bill No. 422). An Act to repeal an Act entitled An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat; providing for the placing of stamps evidencing payment of said tax, and providing offences, fines and punishment, and for other purposes., approved March 21, 1935 (Ga. L. 1935, p. 81); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat; providing for the placing of stamps evidencing payment of said tax, and providing offences, fines and punishment, and for other purposes., approved March 21, 1935 (Ga. L. 1935, p. 81), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. MACON JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 324 (House Bill No. 56). An Act to amend an Act fixing the salary paid by Peach County to the solicitor-general of the Macon Judicial

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Circuit, approved August 13, 1931 (Ga. L. 1931, p. 629), as amended by an Act approved February 15, 1957 (Ga. L. 1957, p. 37), so as to change the compensation paid by Peach County to said solicitor-general; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary paid by Peach County to the solicitor-general of the Macon Judicial Circuit, approved August 13, 1931 (Ga. L. 1931, p. 629), as amended by an Act approved February 15, 1957 (Ga. L. 1957, p. 37), is hereby amended by striking from section 1 the symbols and figures, $1,800.00, and $150.00, and substituting in lieu thereof, $2,400.00, and $200.00, respectively, so that when so amended, section 1 shall read as follows: Section 1. The County of Peach in said Macon Judicial Circuit shall pay to the solicitor-general of said circuit a salary of $2,400.00 per annum in monthly installments of $200.00 per month, which shall be paid out of the treasury of said county; and which said salary shall begin to accrue on the first day of the month during which this law is approved. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. STONE MOUNTAIN JUDICIAL CIRCUITCOMPENSATION OF JUDGES. No. 336 (House Bill No. 396). An Act to amend an Act approved February 25, 1949 (Ga. L. 1949, p. 1938), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 113), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1089), providing that

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the salary of the judges of the Superior Court of the Stone Mountain Circuit shall be supplemented by payments to be made from the county treasury of DeKalb County, Georgia, by providing that such supplement for each of the judges of the Superior Courts of such circuit shall be in the sum of eight thousand ($8,000) dollars per annum; to provide the method and manner in which the same is to be paid; to provide for a reduction under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that an Act approved February 25, 1949 (Ga. L. 1949, p. 1938), as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 113), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1089), the same being an Act to provide for a supplement to the salaries of the judge of the Superior Court of the Stone Mountain Circuit be, and the same is hereby amended as follows: Section 1. That from and after the approval of this Act the salary of each of the judges of the Stone Mountain Circuit shall be supplemented by payments out of the treasury of DeKalb County in the sum of eight thousand ($8,000) dollars per annum, such supplement required hereunder to be payable in equal monthly installments, and such supplement to be in addition to any salary or other compensation received by such judges from the State of Georgia or any other source. Provided, however, in the event the State salary paid to judges of the superior courts is increased over and above sixteen thousand ($16,000) dollars, the above sum of eight thousand ($8,000) dollars shall be reduced by the amount of such increase. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965.

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MIDDLE JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 349 (House Bill No. 492). An Act to amend an Act abolishing the fee system as applied to the office of solicitor-general in the superior courts of the Middle Judicial Circuit, approved August 16, 1918 (Ga. L. 1918, p. 381), as amended by an Act approved August 11, 1924 (Ga. L. 1924, p. 262), an Act approved February 23, 1949 (Ga. L. 1949, p. 962), and an Act approved March 21, 1958 (Ga. L. 1958, p. 225), so as to increase the compensation provided therein; to provide that payments shall be made by the counties monthly; to provide that such compensation shall not include fees allowed the solicitor-general for his services in bond validation proceedings and fees for services in the appellate courts in criminal cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system as applied to the office of solicitor-general in the superior courts of the Middle Judicial Circuit, approved August 16, 1918 (Ga. L. 1918, p. 381), as amended by an Act approved August 11, 1924 (Ga. L. 1924, p. 262), an Act approved February 23, 1949 (Ga. L. 1949, p. 962) and an Act approved March 21, 1958 (Ga. L. 1958, p. 225), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the solicitor-general of said Middle Judicial Circuit shall be the sum of ten thousand ($10,000.00) dollars per annum in addition to the salary of $250.00 per annum prescribed in Paragraph I, Section XII of Article VI of the Constitution of this State, which said salary (additional to the Constitutional salary of $250.00 per annum), shall be paid pro rata out of the general treasuries of the various counties composing said circuit upon the basis of population; that is to say, each one

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of the counties composing said circuit shall pay such part or proportion of said salary as its population bears to the total population of all of the counties in said circuit, according to the official Federal census of 1950, until the completion and promulgation of the next official Federal census, and then in like manner, according to such succeeding official census, and so on. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in each of said counties to cause the part or portion of said salary so assessed against each of said counties to be paid to said solicitor-general out of the funds of said counties on the first day of each month and upon regular county warrants issued therefor, and it is further made the duty of said ordinaries, county commissioners, or other county authorities having control of county matters, to make provision annually when levying taxes for expenses of courts for levying and collection of sufficient taxes in their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of ten thousand ($10,000.00) dollars shall be in full payment by the various counties for all of the services of said solicitor-general for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him except as provided in Section 5 of this Act, provided, however, that the solicitor-general shall receive in addition to the compensation provided herein those fees allowed for his services in bond validation proceedings, those fees allowed for his services in the appellate courts in criminal cases, and all other fees and expenses fixed or hereafter fixed by the General Assembly of Georgia. Section 2. This Act shall become effective January 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965.

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GEORGIA INSURANCE CODE AMENDED. Code 56-319, 56-1519.1. Enacted Code Chapter 56-16 Enacted. No. 352 (House Bill No. 63). An Act to amend Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, as amended, so as to provide for annual reports to the Commissioner by insurers concerning their affairs and operations; to authorize the Commissioner to adopt regulations in pursuance thereof; to authorize the Commissioner to require additional periodic reports from insurers; to authorize the Commissioner to prescribe by regulation the manner for the solicitation of proxies, consents or authorizations of any voting security issued by a domestic insurer; to provide for certain penalties for violating said regulations; to require the disclosure of the ownership of certain equity securities of domestic stock insurers by certain persons; to authorize actions to prevent the use of information obtained by certain beneficial owners, directors or officers of domestic stock insurers; to provide that it shall be unlawful for such owners, directors or officers to make certain transactions in the securities of domestic stock insurers; to provide for exceptions; to authorize the Commissioner to promulgate rules and regulations to discharge the functions vested in him by the foregoing; to provide the procedure connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Title 56 of the Code of Georgia of 1933, relating to the regulation of the insurance industry, as amended, in hereby amended by adding to Code Chapter 56-3, relating to the authorization of insurers and general requirements for doing business in this State, a new Code section to be numbered 56-319 and to read as follows:

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Section 56-319. Reports of insurer's business affairs and operations; forms; verification; publication Every insurer shall, on or before the first day of March in each year after it shall have commenced to do business pursuant to a certificate of authority, make and file with the Insurance Commissioner a report of its affairs and operations during the year ending the 31st day of December next preceding. This annual report shall be made in such form and contain such information as the Commissioner may by regulation from time to time prescribe and require in protecting the public interest, the interest of the policyholders of any insurer, and the interest of the investors in the securities issued by any insurer. The Commissioner may, by regulation require such additional periodic reports as he may from time to time prescribe as necessary or appropriate for the protection of policyholders, investors and the public and to insure the solvency of any insurer, to inform and protect the investors in any insurer and to assure fair dealing in the securities of any insurer. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as he may designate by regulation and may require the same to be published. Compliance with this section shall be a condition to the renewal of a certificate of authority under Section 56-315. Section 2. Said Title is further amended by adding to Code Chapter 56-15, relating to domestic stock and mutual insurers, their organizational and corporate procedures, a new Code section to be numbered 56-1519.1 and to read as follows: Section 56-1519.1 Proxies, consents and authorizations in respect of any voting security issued by a domestic insurer . (a) The Commissioner may, by regulation, prescribe the form, content and manner of solicitation of any proxy, consent or authorization in respect of any voting security issued by a domestic insurer as necessary or appropriate in the public interest or for the proper protection of investors in the voting securities issued by such insurer, or to insure the fair dealing in such voting securities.

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(b) No person and no domestic insurer or any director, officer or employee of such insurer shall solicit or permit the use of his name to solicit, by mail or otherwise, any person to give or to refrain from giving any proxy, consent or authorization in respect of any voting security issued by such insurer in contravention of any rule or regulation the Commissioner may prescribe pursuant to this Section 56-1519.1. (c) Failure to comply with any rule or regulation of the Commissioner made pursuant to this section shall be unlawful and compliance may be enforced by appropriate action in law or equity. If a domestic insurer or any person who is legally entitled to vote, consent or authorize by virtue of being the holder of record of such voting security shall fail to commence such action within fifteen (15) days after the date on which such vote was cast or counted, the Commissioner may enforce compliance with the rules and regulations made pursuant to this section, by appropriate action in law or equity, provided, however, no suit shall be brought more than thirty (30) days after the date on which such vote, consent or authorization was to have been effected. (d) None of the provisions of this Section 56-1519.1 shall apply to voting securities of a domestic insurer if such voting securities shall be registered pursuant to Section 12 of the Securities Exchange Act of 1934, as amended. (e) The term `voting security' as used in this section shall mean any instrument which, in law or by contract, gives the holder the right to vote, consent or authorize any corporate action of an insurer. Section 3. Said Title is further amended by adding between Code Chapters 56-15 and 56-17 a new chapter to be numbered 56-16 and to read as follows: CHAPTER 56-16. Insider Trading of Domestic Stock Insurer Equity Securities .

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Sec. 56-1601. Disclosure of equity securities ownership by certain persons of domestic stock insurers. 56-1602. Suits authorized to prevent the unfair use of information by certain persons. 56-1603. Short Sales or Sales Against the Box by certain persons made unlawful. 56-1604. Securities held by owners or held by dealers under certain conditions exempted. 56-1605. Foreign or domestic arbitrage transactions exempted under certain conditions. 56-1606. Term `equity security' defined for purposes of this chapter. 56-1607. Insurer registered under Section 12 of Securities Exchange Act of 1934, as amended, exempted. 56-1608. Commissioner authorized to make rules and regulations under this chapter. 56-1601. Disclosure of equity securities ownership by certain persons of domestic stock insurers . Every person who is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of a domestic stock insurer, or who is a director or an officer of such insurer, shall file in the office of the Commissioner within 30 days of the effective date of this Chapter, or within ten days after he becomes such beneficial owner, director or officer, if such event occurs after the effective date of this Chapter, a statement in such form as the Commissioner may prescribe, of the amount of all equity securities of such insurer of which he is the beneficial owner, and within ten days after the close of each calendar month thereafter, if there has been a change in such ownership

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during such month, shall file in the office of the Commissioner a statement, in such form as the Commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month. 56-1602. Suits authorized to prevent the unfair use of information by certain persons . For the purpose of preventing the unfair use of information which may have been obtained by such beneficial owner, director or officer by reason of his relationship to such insurer, any profit realized by him from any purchase and sale, or any sale and purchase, of any equity security of such insurer within any period of less than six months, unless such security was acquired in good faith in connection with a debt previously contracted, shall inure to and be recoverable by the insurer, irrespective of any intention on the part of such beneficial owner, director or officer in entering into such transaction of holding the security purchased or of not repurchasing the security sold for a period exceeding six months. Suit to recover such profit may be instituted at law or in equity in any court of competent jurisdiction by the insurer, or by the owner of any security of the insurer in the name and in behalf of the insurer if the insurer shall fail or refuse to bring such suit within sixty days after request or shall fail diligently to prosecute the same thereafter; but no such suit shall be brought more than two years after the date such profit was realized. This section shall not be construed to cover any transaction where such beneficial owner was not such both at the time of the purchase and sale, or the sale and purchase, of the security involved, or any transaction or transactions which the Commissioner by rules and regulations may exempt as not comprehended within the purpose of this section. 56-1603. Short Sales or Sales Against the Box by certain persons made unlawful . It shall be unlawful for any beneficial owner, director or officer, directly or indirectly, to sell any equity security of such insurer if the person selling the security or his principal (i) does not own the security sold, or (ii) if owning the security, does not deliver it

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against such sale within twenty days thereafter, or does not within five days after such sale deposit it in the mails or other usual channels of transportation; but no person shall be deemed to have violated this section if he proves that notwithstanding the exercise of good faith he was unable to make such delivery or deposit within such time, or that to do so would cause undue inconvenience or expense. 56-1604. Securities held by owners or held by dealers under certain conditions exempted .The provisions of 56-1602 of this chapter shall not apply to any purchase and sale, or sale and purchase, and the provisions of 56-1603 of this chapter shall not apply to any sale of an equity security of a domestic stock insurer not then or theretofore held by him in an investment account, by a dealer in the ordinary course of his business and incident to the establishment or maintenance by him of a primary or secondary market (otherwise than on an exchange as defined in the Securities Exchange Act of 1934) for such security. The Commissioner may, by such rules and regulations as he deems necessary or appropriate in the public interest, define and prescribe terms and conditions with respect to securities held in an investment account and transactions made in the ordinary course of business and incident to the establishment or maintenance of a primary or secondary market. 56-1605. Foreign or domestic arbitrage transactions exempted under certain conditions .The provisions of sections 56-1601, 56-1602 and 56-1603 of this chapter shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules and regulations as the Commissioner may adopt in order to carry out the purposes of this chapter. 56-1606. Term `equity security' defined for purposes of this chaper .The term `equity security' when used in this chapter means any stock or similar security; or any security convertible, with or without consideration, into such a security, or carrying any warrant or right to subscribe to or purchase such a security; or any such warrant or right; or any other security which the Commissioner shall deem to be

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of similar nature and consider necessary or appropriate, by such rules and regulations as he may prescribe in the public interest or for the protection of investors, to treat as an equity security. 56-1607. Insurer registered under Section 12 of Securities Exchange Act of 1934, as amended, exempted .The provisions of sections 56-1601, 56-1602 and 56-1603 of this chapter shall not apply to equity securities of a domestic stock insurer if such securities shall be registered pursuant to section 12 of the Securities Exchange Act of 1934, as amended. 56-1608. Commissioner authorized to make rules and regulations under this chapter .The Commissioner shall have the power to make such reasonable rules and regulations as may be necessary for the execution of the functions vested in him by sections 56-1601 through 56-1607 of this chapter, and may for such purpose classify domestic stock insurers, securities, and other persons or matters within his jurisdiction. No provision of sections 56-1601, 56-1602 and 56-1603 of this chapter imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule or regulation of the Commissioner, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason. Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. GEORGIA PUBLIC ASSISTANCE ACT OF 1965. No. 354 (House Bill No. 344). An Act to be entitled The Georgia Public Assistance Act of 1965; to authorize the Department of Family and Children Services to establish categories of assistance payments and services; to authorize the Department of Family and Children Services to enter into cooperative agreements with other agencies of this State, with agencies of other States, and with agencies of the United States Government; to define eligibility; to authorize the Department of Family and Children Services to adopt regulations as to the amount of Public Assistance; to establish procedures for applications, investigations and awards of Public Assistance; to provide for the review or redetermination of assistance grants; to provide for the protection of the confidential nature of records, and establish penalties for violation of same; to provide for hearings; to define fraud and provide for the recovery of payments fraudulently obtained; to authorize the Department of Family and Children Services to adopt regulations specifying income and resources to be exempt in accordance with the provisions of the Federal Social Security Act; to authorize the Department of Family and Children Services to accept Federal Grants-in-Aid and administer same for the purpose of establishing and operating research, demonstration and work experience projects, and to participate in the distribution of surplus food through the Food Stamp Program; to express legislative intent with respect to interpretation of the Act consistent with the requirements of the Federal Social Security Act; to continue County participation in assistance categories; to provide for the repeal of obsolete and inconsistent provisions

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of the assistance laws; to provide for the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The short title of this Act shall be Georgia Public Assistance Act of 1965. Short title. Section 2. Definitions . As used in this Act the word State means the State of Georgia; the word Department means the Department of Family and Children Services including the county departments of Family and Children Services, and the agents, agencies, officers and employees designated by the Director of the Department to perform any function vested in the Department by this Act; the term Director as used herein means the Director of the Department of Family and Children Services of the State of Georgia; the term public assistance means payment in or by money, medical care, remedial care, goods or services to, or for the benefit of needy persons under any categories that may be established pursuant to this Act; the word recipient means a person to whom, or on whose behalf, public assistance is granted. Section 3 . (a) The Department of Family and Children Services of the State of Georgia established by Act of the General Assembly, Georgia Laws (1963), page 81 et seq., is authorized to establish any of the following categories of public assistance, and to adopt plans combining the administration of such categories of assistance as the Department may elect: (1) Old Age Assistance; (2) Aid to the Blind; (3) Aid to the Disabled; (4) Aid to Families with Dependent Children; (5) Medical Assistance to the Aged;

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(6) Aid to the Aged, Blind and Adult Disabled Persons under a combined plan adopted pursuant to Title XVI of the Federal Social Security Act. Public assistance. (b) This Act shall be administered by the Department of Family and Children Services, including the county Departments of Family and Children Services acting under the direction and supervision of the State Director of the Department of Family and Children Services. In administering this Act the State Department of Family and Children Services, including the county Departments of Family and Children Services acting under the direction and supervision of the State Department shall ----- (1) provide for maximum cooperation with other agencies, public and private of this State, of other states and of the federal government in rendering services to maintain and strengthen family life and to help applicants for public assistance and recipients to attain self-support or self-care; (2) establish and enforce such rules and regulations as may be necessary or desirable to carry out the provisions of this Act; (3) cooperate in all necessary respects with agencies of the United States Government in the administration of this Act, and accept any funds, goods, or services available to the Department of Family and Children Services for public assistance and for other welfare programs and projects; (4) enter into reciprocal and cooperative agreements with other agencies of the State and with agencies of any other state relative to the providing of assistance or service to residents and non-residents; (5) make reports at such times and in such form as may be required by agencies of the United States Government. Section 4. Eligibility for Public Assistance . Public assistance shall be awarded to, or on behalf of, any individual

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who is a resident of the State and is otherwise eligible therefor under one of the categories established pursuant to this Act, as determined in accordance with the regulations of the Department, provided, however, that residence in the State in excess of one year may not be required with respect to any individual under any such category. Section 5. Amount of Public Assistance . The amount of public assistance which any person shall receive shall be determined in accordance with regulations approved by the Director of the Department of Family and Childrn Services. Section 6. Application for Public Assistance . Applications for public assistance shall be submitted to and accepted by the County Department of Family and Children Services of the county of the applicant's residence. Such applications shall be accepted by said County Department of Family and Children Services from or on behalf of any person who believes himself eligible for public assistance. Such applications shall be made in the manner and form prescribed by the State Department of Family and Children Services and shall contain such information as the Department shall require. Section 7. Investigation of Applicant . Whenever the County Department of Family and Children Services shall receive an application for public assistance said County Department shall promptly make an investigation and record of the circumstances of the applicant in order to ascertain the facts supporting the application and to obtain such other information as may be required by the State Department of Family and Children Services. Section 8. Award and Payment of Public Assistance . (a), Upon the completion of such investigation the County Department of Family and Children Services shall decide whether the applicant is eligible for assistance under the provisions of this Act and determine, in accordance with the rules and regulations of the State Department of Family and Children Services, the amount and kind of such assistance and the date on which such assistance shall begin.

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After a determination has been made as to the eligibility for, and the type and amount of, assistance to be provided, such assistance shall be furnished (in accordance with regulations of the Department of Family and Children Services) with reasonable promptness to all eligible persons. (b) Money payments of public assistance shall be made by check in accordance with the regulations of the Department of Family and Children Services. Section 9. Redetermination of Grants . All public assistance grants made under this Act shall be reconsidered by the county departments of Family and Children Services (in accordance with the regulations of the State Department of Family and Children Services promulgated by the Director) as frequently as they may be required by rules of the State Department of Family and Children Services, but in every case the county department shall make such reconsideration at least once each year. After such further investigation as the Director may deem necessary, the amount of public assistance may be changed, or may be entirely withdrawn, if it is found by the Department of Family and Children Services that any such grant has been made erroneously, or if it is found that the recipient's circumstances have altered sufficiently to warrant such action. If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of income or resources in excess of the amount previously reported by him, or if other changes shall occur in the circumstances previously reported by him which would alter either his need or his eligibility, it shall be his duty to notify the County Department of Family and Children Services of such fact immediately on the receipt or possession of such additional income or resources, or on the change of circumstances. The Department of Family and Children Services may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. Where the Department of Family and Children Services, on its own motion, reviews decisions of

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a county department or considers applications upon which a decision has not been made, it may make such additional investigation as it may deem necessary, and it shall determine whether the applicant shall be granted assistance and the amount of such assistance; and whether assistance being paid to a recipient shall be modified or cancelled. Applicants or recipients affected by such decisions of the Department of Family and Children Services shall, upon request, be given reasonable notice and opportunity for a hearing by the Department. Section 10. Records . (a). The Director of the Department of Family and Children Services is directed to prescribe regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department of Family and Children Services, including the county departments of Family and Children Services, relating to public assistance. Except as herein otherwise provided, such regulations shall provide safeguards restricting the use or disclosure of information concerning applicants for, or recipients of, public assistance to purposes directly connected with the administration of Public assistance. The Director of the Department of Family and Children Services is authorized in his discretion to include in such regulations provision for the public to have access to the records of disbursement or payment of public assistance made after the effective date of this Act. (b) No person who obtains information by virtue of any regulation made pursuant to subsection (a) of this section shall use such information for commercial or political purposes. Section 11. Penalties . Any person violating subsection (b) of section 10 of this Act shall be punished as for a misdemeanor. Section 12. Hearings . An applicant for, or recipient of, public assistance aggrieved by the action or inaction of the Department of Family and Children Services, including the county departments of Family and Children Services, shall

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be entitled to a hearing. Each applicant or recipient shall be notified of his right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted in accordance with rules and regulations prescribed by the Director of the Department of Family and Children Services. The decision of the Director of the Department of Family and Children Services on any appeal shall be final. Section 13. Fraud in Obtaining Public AssistanceRepayment . (a) Any person who by means of false statement, failure to disclose information, or impersonation, or by other fraudulent device, obtains or attempts to obtain, or any person who knowingly aids or abets such person in the obtaining or attempting to obtain, (1) any grant or payment of public assistance to which he is not entitled; (2) a larger amount of public assistance than that to which he is entitled; or (3) payment of any forfeited grant of public assistance; or any person who with intent to defraud the Department of Family and Children Services of the State of Georgia aids or abets in the buying or in any way disposing of the real property of a recipient of public assistance, shall be punished as for a misdemeanor. (b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled, shall be liable to repay such sum, or if continued on assistance, shall have future grants proportionately reduced until the excess amount received has been repaid. In any case in which, under this section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the Department of Family and Children Services of the State of Georgia. Any repayment required by this subsection may, in the discretion of the Director of the Department of Family and Children Services be waived in whole or in part, upon a finding by the Director of the Department of Family and Children Services that such repayment would deprive such person, his spouse, parent, or child of shelter or subsistence needed to enable such person, spouse, parent, or

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child to maintain a minimum standard of health and well-being. Section 14. Income and Resources to be Exempt or Disregarded . In determining eligibility for, and the amount and kind of assistance to be provided, the State Department of Family and Children Services shall prescribe by regulations reasonable emergency reserves and the income and resources which may be exempt and disregarded. With respect to any category of assistance the income and resources to be disregarded shall not be in excess of the amounts and kinds authorized under the Federal Social Security Act and shall not be less than the amounts and kinds of income and resources required to be disregarded by the Federal Social Security Act and any other Act of the Congress of the United States relating to the assistance programs for which federal financial participation is authorized under Titles I, IV, X, XIV, and XVI of the Federal Social Security Act. Section 15. Research, Demonstration, and Work Experience Projects . Except as modified by and pursuant to the provisions of this Act the same provisions concerning eligibility for assistance as now obtained with respect to Old-Age Assistance, Aid to the Blind, Aid to Families with Dependent Children, and Aid to the Totally and Permanently Disabled shall remain in force and effect. The State Department of Family and Children Services is authorized to enter into agreements with departments and agencies of the Government of the United States for the purposes of accepting grants, providing matching funds, and administering of such grants and funds, in accordance with regulations to be promulgated, for research and demonstration projects under Title XI, Section 1115 of the Social Security Act, without regard to the factor of state-wideness and such other factors as may be required to be waived by the terms of the federal grant. The Department of Family and Children Services also shall be authorized to participate in work experience or any other projects authorized under Title V of the Economic Opportunity Act of 1964, P. L. 88-452, 78 Stat. 508, and in the distribution of surplus food through a food stamp program under 7 U. S. C. 1695.

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Section 16. Intention of the Legislature . It is the intention of the Legislature that this statute be construed consistent with the provisions of the Federal Social Security Act and any provision of this Act found to be in conflict with the provisions of the Federal Social Security Act shall be deemed to be void and of no effect. It is further the intention of the Legislature that in view of the joint state and federal financial participation in the assistance programs that the Department of Family and Children Services shall be authorized to adopt such regulations as may be necessary to comply with the requirements of the Federal Social Security Act. Section 17. County Financial Participation in the Assistance Programs . The existing provisions of state law concerning the amount of county financial participation in the cost of administration and the cost of assistance provided under any of the categories of assistance authorized under Section 3 of this Act shall remain the same as now provided, even though a combined plan for assistance in the adult categories or aid to the aged, aid to the blind, and aid to the totally and permanently disabled is adopted pursuant to Title XVI of the Social Security Act. County financial participation in the assistance programs and in the food stamp programs shall be the same as now provided in Code Section 99-728, Acts of 1950, p. 314. Section 18. Physical Examination of Applicants . With respect to applicants for any category of public assistance as defined in section 3 of this Act, the State Department of Family and Children Services may require physical examinations of applicants, and may require the results thereof to be recorded by the examining physician on forms furnished by the State Department of Family and Children Services. Upon receipt of the form from the examining physician the county department shall forward it to the State Department of Family and Children Services whose duty it shall be to review the medical information contained thereon and determine therefrom whether the applicant meets the medical requirements for assistance under this Chapter. When said decision has been made by the State Department of

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Family and Children Services the county department will be notified and bound thereby. Section 19. Repealer . Subparagraphs (b) and (c) of section 3 and sections 4, 7, 8, 10, 11, 13, 14 and 21 of an Act providing for aid to needy blind persons, approved February 26, 1937, (Ga. L. 1937, pp. 568, 571, 573, 574, 575 and 578 as amended by an Act approved February 15, 1952 (Ga. L. 1952, pp. 233, 234), as amended by an Act approved April 5, 1961 (Ga. L. 1961, pp. 415, 416, 417); Sections 3, 6, 8, 9, 10, 12, 13, and 18 of an Act providing for public assistance to the aged, approved February 26, 1937 (Ga. L. 1937, pp. 311, 313, 315, 316, 317, 318, 320), as amended by an Act approved March 13, 1957 (Ga. L. 1957, pp. 368, 369), as amended by an Act approved March 25, 1958 (Ga. L. 1958, pp. 307, 308); Sections 3, 6, 7, 8, 9, and 10 of an Act providing for assistance to dependent children, approved February 26, 1937 (Ga. L. 1937, pp. 630, 632, 633, 634, 635, 636); Sections 3, 6, 7, 8, 10, 11, 15, and 17 of an Act establishing a program of assistance to the totally and permanently disabled, approved February 4, 1952 (Ga. L. 1952, pp. 15, 17, 19, 20, 21, 22, 23); An Act to require county welfare boards to maintain roll books and to prohibit commercial or political use of any list of names obtained through access to such records, approved February 15, 1952 (Ga. L. 1952, p. 249); An Act providing for physical examinations of applicants for assistance to the disabled, approved March 6, 1962 (Ga. L. 1962, p. 592); An Act providing for emergency reserves of $600 for parent recipients of aid to dependent children, approved February 15, 1952 (Ga. L. 1952, pp. 363, 364); An Act providing for emergency reserves of $600 for recipients of aid to the blind, approved February 15, 1952 (Ga. L. 1952, p. 359);

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An Act providing for emergency reserves of $600 for recipients of old age assistance, approved February 15, 1952 (Ga. L. 1952, p. 269) as amended by section 3-A of an Act to amend various Acts of the General Assembly of Georgia relating to welfare, which increased such emergency allowance to $800.00, approved March 13, 1957 (Ga. L. 1957, pp. 368, 372); Section 1 of an Act to provide recovery from the estate of a deceased recipient of old age assistance, and for other purposes, approved February 21, 1951 (Ga. L. 1951, pp. 466, 467); Section 2 of an Act relating to the administration of the public welfare laws, approved March 27, 1941 (Ga. L. 1941, pp. 485, 486); An Act providing for the responsibility of financially able children to support their needy parents and for recovery of any assistance paid in cases involving financially able children who fail to support needy parents, approved February 21, 1951 (Ga. L. 1951, pp. 691, 692); 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 20 . All laws or parts of laws in conflict with this Act are hereby repealed. Section 21 . This Act shall become effective upon approval by the Governor. Approved March 30, 1965. COOPERATIVE MARKETING ACT AMENDED. Code 65-209 Amended. No. 355 (House Bill No. 488). An Act to amend an Act known as the Cooperative Marketing Act of 1921 which is codified as Title 65-201 et seq.

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of the Code of Georgia of 1933, by amending section 65-209 of said Code so as to provide for the election of officers from and by others than directors; to ratify such existing provisions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that: Section 1. The Cooperative Marketing Act of 1921 which is codified as Title 65-201 et. seq. of the Code of Georgia of 1933 is hereby amended as follows: By adding at the end of section 65-209 the following sentence: The charter of the association may provide for the election of its officers by the members of the association and from persons other than the directors thereof. Election of officers. Section 2. Any provision of the nature referred to in section 1 hereof, contained in the charter of an association, or an amendment thereto, as of the date of the passage of this act, is ratified and confirmed as though placed therein subsequent to the passage of this act. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1965. STATE PROPERTIES ACQUISITION COMMISSION. Code Chapter 36-1.1 Enacted. No. 356 (House Bill No. 107). An Act to create a State agency to be known as the State Properties Acquisition Commission; to provide the officers of said Commission; to define the powers and duties of said Commission; to authorize the Commission

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to employ personnel as may be necessary to discharge its duties; to authorize the Commission to adopt rules and regulations; to provide funds for the payment of either the contract price or the award for taking or damaging private property sought for public use together with the cost pertaining thereto; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 36, relating to the right of eminent domain and the procedure connected with such right, is hereby amended by inserting between Chapters 36-1 and 36-2 a new Code Chapter to be known as Chapter 36-1.1 to read as follows: Chapter 36-1.1. State Properties Acquisition Law . 36-101.1 This Chapter shall be known as and may be cited as the `State Properties Acquisition Law'. Short title. 36-102.1 (a) There is hereby created an agency to be known as the `State Properties Acquisition Commission' which shall be composed of the Governor, the State Auditor and the Attorney General. Created, etc. (b) The Governor shall be Chairman and the State Auditor shall be Secretary of the Commission. (c) Meetings of the Commission shall be held whenever necessary to the performance of its duties. 36-103.1. (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. Employees. (b) The Commission is authorized to promulgate a merit system of employment under which such employees shall be selected on the basis of merit. Merit system.

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(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 (Chapter 40-25). 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. Retirement system. 36-104.1 (a) The State of Georgia, acting by and through the State Properties Acquisition Commission with the unanimous consent of the members thereof, is hereby authorized and empowered to purchase or to take or damage by condemnation, private property for public purposes of the State of Georgia upon first paying or tendering just compensation to the owner thereof. Powers. (b) Condemnation proceedings by the State Properties Acquisition Commission, acting for and in behalf of the State of Georgia, shall take the form and be as provided in Part II of Title 36 or the form provided in Chapter 36-11 of the Code of Georgia of 1933, as now or may hereafter be amended. (c) The powers authorized by this section 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, but every other department and agency of the State shall acquire real property pursuant to this Act and through the commission hereby created only. Intent. 36-105.1 . Whenever in the unanimous opinion of the members of the State Properties Acquisition Commission it shall be necessary or desirable to purchase or to take or damage by condemnation any private property for the public use of the State under the powers herein given, such officials shall make known the same in writing to the fiscal authority (s), which said fiscal authority (s) shall be authorized

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to set up in the budget and pay from any available funds in accordance with the provisions of the budget laws either the contract price or the award for taking or damaging such private property sought for public use together with the cost pertaining to any such condemnation proceedings. Budget, etc. 36-106.1 . The Commission is authorized to contract with any department or other agency of the State for reimbursement to the Commission of funds expended by the Commission by purchasing or by taking or damaging by condemnation, private property for public purposes of the State of Georgia on behalf of such department or agency. Same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. MOTOR VEHICE TAX LAW AMENDED. Code 92-1403 Amended. No. 357 (House Bill No. 45). An Act to amend an Act known as the Motor Vehicle Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), that reenacted a new Code Chapter 92-14, and particularly a new Code section 92-1403, as amended, so as to provide that the State Revenue Commissioner upon determining the amount of refund due on applications for refund of State taxes on gasoline used by certain water craft shall certify such amount to the Director of the Budget and the Director of the Budget shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the persons claiming such refund; 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 known as the Motor Vehicle Tax Law, approved March 18, 1937 (Ga. L. 1937, p. 167), that reenacted a new Code Chapter 92-14, and particularly a new Code section 92-1403, as amended, is hereby amended by striking in its entirety paragraph (3) of subsection (J) of Code section 92-1403, which reads as follows: (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 thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund, and the Treasurer of the State shall thereupon make payment of same to such applicant., and inserting in lieu thereof a new paragraph (3) to read as follows: (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 Director of the Budget. The Director of the Budget shall thereupon draw a warrant for such certified amount on the Treasurer of the State in favor of the person claiming such refund, and the Treasurer of the State shall thereupon make payment of same to such applicant. Refunds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1965. JOSEPH B. MERCER BRIDGE DESIGNATED. No. 51 (House Resolution No. 43-84). A Resolution. To designate the Joseph B. Mercer Bridge; and for other purposes. Whereas, Dr. Joseph B. Mercer, Mayor of the City of Brunswick, was recently killed in a tragic automobile

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accident; and Whereas, he was born February 26, 1925, in Jasper County, and received his education at Monticello High School, the University of Georgia, and the Medical College of Georgia; and Whereas, he interned at the Columbus, Georgia City Hospital and became one of the outstanding medical practitioners in the State of Georgia; and Whereas, he was a member of the American Academy of General Practice, the American Medical Association, the Medical Association of Georgia, was past President of the Georgia Chapter of the American Association of General Practice, past President of the Glynn County Medical Association, past Speaker of the House of Delegates of the Medical Association of Georgia, a member of the Brunswick Rotary Club, the Ocean Lodge of Masons, and the University of Georgia Bulldog Club, and was President-Elect of the Alumni Association of the Medical College of Georgia at the time of his death, and Whereas, he was elected City Commissioner of Brunswick in 1963, and became Mayor of the City of Brunswick in 1964; and Whereas, he was outstanding in the civic, religious and public affairs of his Community and State, and his death is a tragic loss to his city, his county, and his State; and Whereas, it is befitting that his memory be honored by the designation of the newly constructed bridge over the Turtle River in Glynn County as the Joseph B. Mercer Bridge; Now, therefore, be it resolved by the General Assembly of Georgia that the newly constructed bridge over the Turtle River in Glynn County be officially named and designated as the Joseph B. Mercer Bridge. Be it further resolved that the State Highway Department is hereby directed to place a befitting plaque or

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other means of identification on the aforesaid bridge, to be paid for from funds of said Department. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this Resolution to the Family of Dr. Mercer, to the Governor, to the Secretary of State, and to the Director of the State Highway Department. Approved March 31, 1965. INTERIM COMMITTEE TO STUDY SEX CRIMES, ETC. No. 57 (House Resolution No. 141). A Resolution. Creating an Interim Committee to study the problems, laws and procedures relating to sex crimes and sex offenders; and for other purposes. Whereas, it appears that the existing Georgia Laws and procedures relating to sex crimes and sex offenders are, in many instances, outmoded and in need of revision; and Whereas, justice and the best interests of society require that from time to time we reexamine said laws and procedures in the light of experience and advancements in the fields of criminology, penology, psychiatry, psychology, sociology and other related areas of learning; and Whereas, a systematic study and review of the problems, laws and procedures relating to sex crimes and sex offenders would provide the General Assembly with the background information necessary to adopt measures to more adequately protect our citizens and achieve more enlightened and humane justice in this field. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an Interim Committee

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to make a comprehensive study of the laws, procedures and problems relating to sex crimes and sex offenders. Said Committee shall be composed of eleven members to be selected as follows: (1) Three members of the House of Representatives, to be appointed by the Speaker of the House of Representatives. (2) Three members of the Senate, to be appointed by the Lieutenant-Governor. (3) Three members of the medical profession, to be appointed by the President of the Medical Association of Georgia. (4) One member shall be the Director of Corrections or a person appointed by said Director. (5) One member shall be a psychologist, licensed by the State Board of Examiners of Psychologists, and shall be appointed by the President of the Georgia Psychological Association. Be it further resolved that all departments and divisions of the State government shall make available to the Committee their records, statistics and other information and assistance necessary or convenient to fulfill the purposes of this Resolution. Be it further resolved that the Committee shall select a Chairman from among its members and may hold such meetings at such places and at such times as it considers expedient and may do any other things consistent with this Resolution that are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. Be it further resolved that the members of the Committee shall receive the same compensation, per diem

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expenses and allowances authorized for legislative members of interim legislative committees except that the Director of Corrections or his appointee shall receive no additional compensation but shall receive actual and necessary expenses relating to his services on the Committee. The members of the Committee shall receive such compensation, per diem expenses and allowances from the funds appropriated to or available to the legislative branch of the government. Such compensation, expenses or allowances shall not be received for more than twenty (20) days. Be it further resolved that said Committee shall be authorized to utilize the services of the Office of Legislative Counsel in carrying out its responsibilities under this Resolution, and in this connection may require said Office to review the laws and recent developments in other states in this field and provide such other assistance as may be required by said Committee. Be it further resolved that 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 said Committee. Such report shall be made on or before December 1, 1965, on which date the Committee shall stand abolished. Approved March 31, 1965. ALCOHOLISM STUDY COMMISSION. No. 66 (Senate Resolution No. 67). A Resolution. Creating the Alcoholism Study Commission; and for other purposes. Whereas, there are approximately 75,000 persons in Georgia who are presently classified as alcoholics; and

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Whereas, persons under the influence of alcohol are involved in an abnormally high percentage of traffic accidents; and Whereas, the incidence of crime by persons under the influence of alcohol is very high; and Whereas, alcoholism is recognized as an illness and public health problem affecting the general welfare and economy of the State; and Whereas, alcoholism is an illness which can be treated, and the sufferers of alcoholism can be rehabilitated through proper treatment; and Whereas, these persons are worthy of treatment. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Alcoholism Study Commission. The Commission shall be composed of twelve (12) members as follows: three (3) members of the House of Representatives, to be appointed by the Speaker; three (3) members of the Senate, to be appointed by the President; and six (6) members, one (1) of whom shall be a high school principal, one (1) of whom shall be a superior court judge, one (1) of whom shall be a peace officer, one (1) of whom shall be a juvenile court judge, one (1) of whom shall be a representative of the licensed beverage industry, and one (1) of whom shall be a minister, to be appointed by the Governor. The Commission shall study the problems of beverage alcohol with particular reference to advertising, regulation of sales, mental health, and the relation of alcoholic beverages to highway accidents, domestic problems, juvenile delinquency, and the observance of laws. The members of the Commission shall be appointed within sixty (60) days after the approval of this resolution by the Governor or after it otherwise becomes law. The members shall meet within thirty (30) days after all members have been appointed for the purpose of organizing, electing such officers as deemed advisable, and adopting the procedures

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for the operation of the Commission. The Commission shall make a report of its findings and recommendations, which report shall be accompanied by such proposed legislation as may be recommended by the Commission. Such report shall be made on or before December 1, 1965, on which date the Commission shall stand abolished. The members of the Commission 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 ten (10) days. The superior court judge and the juvenile court judge shall be paid from the same funds from which they are otherwise compensated. The other members of the Commission shall be paid from the funds appropriated to or available to the legislative branch of the government and from any other available funds. 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 available funds. Provided, however, no funds shall be paid to members of the Commission for travel outside the State of Georgia. Approved April 1, 1965. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED. No. 360 (House Bill No. 84). 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 exempt semi-trailers with a gross weight of 2500 pounds or less from being equipped with brakes; to provide for exemptions to certain other types of trailers; 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 Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by striking from paragraph 3 of subsection (a) of section 115 the figure 1500 and inserting in lieu thereof the figure 2500, and by adding after the words any semi-trailer and before the words of less than, the words or boat trailer, so that when so amended, paragraph 3 of subsection (a) of section 115 shall read as follows: Trailers. 3. Every new motor vehicle, trailer, or semi-trailer hereafter sold in this State and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer or boat trailer of less than 2500 pounds gross weight need not be equipped with brakes. Any two or four wheel farm trailer, pulled from a tongue, used in or operated for farm purposes, shall not be required to have an independent braking system thereon, provided said farm trailer shall not weigh over 4000 pounds when empty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. COBB JUDICIAL CIRCUITCOURT REPORTERS. No. 363 (House Bill No. 474). An Act to amend an Act providing for an additional judge of the superior court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, by an Act approved March 7, 1961 (Ga. L. 1961, p. 115), and by an Act approved April 2, 1963 (Ga. L. 1963, p. 297), so as to authorize the judges of said judicial

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circuit to employ two full time official court reporters and fix their compensation within certain limitations; to provide that the judges of said circuit shall be authorized to require said court reporters to serve as court reporters for the Civil and Criminal Court of Cobb County when such services would not be in conflict with their duties as court reporters for the superior court of said circuit; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for an additional judge of the Superior Court of the Cobb Judicial Circuit, approved February 16, 1960 (Ga. L. 1960, p. 121), as amended, by an Act approved March 7, 1961 (Ga. L. 1961, p. 115) and by an Act approved April 2, 1963 (Ga. L. 1963, p. 297) is hereby amended by striking sections 9 and 9A in their entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9(a) The judges of the superior court of the Cobb Judicial Circuit are hereby authorized to employ two official full time court reporters and fix their compensation, but such compensation shall not exceed $7,200.00 per annum. Such compensation, when so fixed, shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of said circuit. Any and all other official court reporters for the Cobb Judicial Circuit who are not active on a full-time basis shall continue to be compensated on a per diem basis as provided by law. (b) The salaries herein provided for said official full-time court reporters shall be in lieu of all fees and any other compensation provided by law for attending the superior court in the county comprising the Cobb Judicial Circuit as directed by the presiding judges of said circuit and the taking down of testimony in the trial of such criminal cases

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as are required by law to be recorded, including a committal court an coroner's inquest when ordered to do so by said judges at the request of the solicitor-general of said circuit. Said official full-time court reporters shall be entitled to charge parties litigant the legal fees provided to official court reporters for taking down and transcribing civil cases in the superior court of said judicial circuit and shall be entitled to retain the same in addition to the salaries provided for herein. (c) The judges of the superior court of the Cobb Judicial Circuit are hereby authorized to require said official full-time court reporters to serve as court reporters for the Civil and Criminal Court of Cobb County when such service would not conflict with their duties as court reporters for the Cobb Judicial Circuit. Said official full-time court reporters shall not be entitled to any additional compensation for serving as court reporters for the Civil and Criminal Court of Cobb County as provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. GEORGIA INSURANCE CODE AMENDEDMORTGAGE LOANS AND INVESTMENTS. Code 56-1022 Amended. No. 367 (House Bill No. 296). An Act to amend Code section 56-1022 of the Georgia Insurance Code, approved March 8, 1960 (Ga. L. 1960, p. 289), relating to mortgage loans and investments by insurers, so as to permit an insurer's investment in part of a series or issue of loans without having a senior participation in the mortgage or deeds securing such loans, provided that no other participant in such series or issue

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holds a senior participation to the insurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1022 of the Georgia Insurance Code, approved March 8, 1960 (Ga. L. 1960, p. 289), relating to mortgage loans and investments by insurers, is hereby amended by striking paragraph (a) of subsection (1) in its entirety and inserting in lieu thereof a new paragraph (a) to read as follows: (a) No such loan made or acquired by an insurer which is a participation or a part of a series or issue secured by the same mortgage or deed to secure debt or deed of trust shall be a lawful investment under this section unless the entire series or issue which is secured by the same mortgage or deed to secure a debt or deed of trust is held by such insurer, or unless the participation held by the insurer in such mortgage or deed to secure a debt or deed of trust gives the insurer substantially the rights of a first mortgagee and no other participant in such mortgage or deed to secure a debt or deed of trust holds a senior participation therein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. FLINT JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL, ASSISTANT SOLICITOR-GENERAL. No. 368 (House Bill No. 527). An Act to amend an Act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended by an Act approved February 11, 1957 (Ga.

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L. 1957, p. 16), so as to provide for a contingent expense allowance for the solicitor-general of said circuit to be paid by the counties composing said circuit pro rata upon the basis of taxable property; to create in the Flint Judicial Circuit the office of assistant solicitor-general; to provide for the appointment of an assistant solicitor-general; 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. An Act placing the solicitor-general of the Flint Judicial Circuit on a salary basis in lieu of a fee basis, approved August 1, 1918 (Ga. L. 1918, p. 377), as amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 16), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the solicitor-general of said Flint Circuit shall be the sum of $6,000.00 per annum, in addition to the salary of $250.00 per annum prescribed in Paragraph I, Section XII of Article VI of the Constitution of this State, and a contingent expense allowance of $2,000.00 per annum for clerical aid and legal assistants engaged or employed by him, which said salary (additional to the constitutional salary of $250.00 per annum) and contingent expense allowance shall be paid by the counties composing said Flint Judicial Circuit pro rata upon the basis of taxable property; that is to say, each one of the counties composing said circuit shall pay such part or proportion of said salary and contingent expense allowance as the total amount of its taxable property, assessed for taxation, bears to the total amount of the taxable property assessed for taxation of all the counties in said circuit for the year preceding the year in which the salary and contingent expense allowance is to be paid. It shall be and is hereby made the duty of the ordinary, county commissioners or other authority having control of county matters in each of said

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counties to cause the part or portion of said salary and contingent expense allowance so assessed against each of said counties to be paid to said solicitor-general in equal monthly installments on the first day of each month out of the funds of said county upon regular county warrants issued therefor; and it is further made the duty of said ordinaries, county commissioners or other county authorities having control of county matters to make provisions annually when levying taxes for expenses of courts for the levying and collection of sufficient taxes in the respective counties for the purpose of paying the portion of said salary and contingent expense allowance chargeable against their respective counties, as hereinbefore set forth, and the power to levy taxes for such purpose is hereby delegated to said counties. Said salary of $6,000.00, the constitutional salary of $250.00, and the contingent expense allowances paid by the counties composing the Flint Judicial Circuit and the State of Georgia shall be in full payment for all the services of said solicitor-general for all traveling and other expenses and for all sums paid out by said solicitor-general for clerical aid and legal assistants engaged or employed by him, except as provided in section 5 of this Act. Solicitor General. Section 2. Said Act is further amended by inserting between section 5 and section 6 a new section to be designated as Section 5A to read as follows: Section 5A. There is hereby created in the Flint Judicial Circuit an office to be known as assistant solicitor-general, and the solicitor-general is hereby authorized to appoint the assistant solicitor-general. 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. 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 duties of the solicitor-general in the courts of the counties comprising such judicial circuit. The qualifications of said assistant solicitor-general shall be the same as those prescribed for the solicitor-general, and he shall be required

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to take the same oath required of the solicitor-general after appointment and before assuming the duties of his office. 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. Assistant solicitor-general. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. STATEWIDE PROBATION ACT AMENDED. No. 370 (House Bill No. 102). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, pp. 27-36), as amended by Acts approved February 14, 1958 (Ga. L. 1958, pp. 15-24); March 17, 1960 (Ga. L. 1960, pp. 1092-1095); March 23, 1960 (Ga. L. 1960, pp. 1148-1150); February 7, 1962 (Ga. L. 1962, pp. 16-17); March 10, 1964 (Ga. L. 1964, pp. 274-275), so as to provide for an officer in charge where two or more are assigned to the same office or to the same division within a judicial circuit; to provide for the minimum and maximum age of circuit probation officers; to provide for additional conditions of probation; to provide for suspension of the execution of sentences; to provide for the maximum salary payable to the examiner for the State Board of Probation; to provide for the elimination of the position assistant examiner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, pp. 27-36), as amended by Acts approved February 14, 1958 (Ga. L.

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1958, pp. 15-24); March 17, 1960 (Ga. L. 1960, pp. 1092-1095); March 23, 1960 (Ga. L. 1960, pp. 1148-1150); February 7, 1962 (Ga. L. 1962, pp. 16-17); March 10, 1964 (Ga. L. 1964, pp. 274-275), is hereby amended by inserting in section five (5) after the words, In the event more than one such officer is assigned to the words the same office or to the same division within, so that section five (5) when amended shall read as follows: Section 5. The State Board of Probation shall employ persons who shall be known as circuit probation officers. The Board may assign one such officer to each judicial circuit in this State or, after consultation with the Director of Probation, the Board, for purposes of assignment, may consolidate two or more judicial circuits and assign one officer thereto. In the event the Board, after consultation with the Director of Probation, decides that more than one such officer is needed for a particular circuit, an additional officer or additional officers may be assigned to such circuit. The Director of Probation is hereby authorized to direct any circuit probation officer to assist any other circuit probation officer wherever assigned. In the event more than one such officer is assigned to the same office or to the same division within a particular judicial circuit, the Director of Probation shall designate one of such officers to be in charge. In the appointment and assignment of such officers as provided in this section, the Board shall give consideration to the recommendations of the judge or judges of the circuit to which the officer may be assigned. If the judge or a majority of the judges of the circuit or circuits shall be dissatisfied with the circuit's probation officer assigned to such circuit or circuits he or they may relieve such circuit probation officer from his duties in said circuit or circuits, in which event he or they shall immediately recommend to the Board that the probation officer be either discharged or reassigned to another circuit, giving his reasons and the Board shall immediately either discharge or reassign such probation officer. Probation officer in charge. Section 2. Said Act is further amended by striking from section six (6) the words 25 years of age and inserting

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in lieu thereof the words twenty-one (21) years of age but not more than seventy (70) years of age, so that as amended, section six (6) shall read as follows: Section 6. In order for a person to hold the office of circuit probation officer, he must be at least twenty-one (21) years of age but not more than seventy (70) years of age, must hereafter have at least a high school education and must have a general knowledge of modern probation methods and of the social problems involved. The qualifications provided herein are the minimum qualifications and the board is hereby authorized to prescribe such additional and higher qualifications from time to time as it deems desirable. The compensation of the circuit probation officer shall be fixed by the State Board of Probation at not less than $3,600 nor more than $7,200 per annum. Such officers shall also be allowed travel and other expenses the same as other State employees. If a circuit probation officer shall be an attorney at law, he shall be prohibited from practicing law in any matter in which the probation system may be concerned while serving as a circuit probation officer. Each circuit probation officer shall give bond in such amount not less than $5,000, as may be fixed by the Board, payable to the Board for the use of the person or persons damaged by his misfeasance or malfeasance, and conditioned on the faithful performance of his duties, the cost of the bond to be paid by the Board: Provided, however, that such bond may be procured, either by the State Board of Probation or the State Supervisor of Purchases, under a master policy or on a group blanket coverage basis, where only the number of positions in each judicial circuit and the amount of coverage for each position are listed in a schedule attached to the bond and in such case each individual shall be fully bonded and bound as principal, together with the Surety, by virtue of his holding the position or performing the duties of circuit probation officer in said circuit or circuits and his individual signature shall not be necessary for such bond to be valid in accordance with all the laws of this State. Said bond or bonds shall be made payable to the Board of Probation. Circuit probation officers, qualifications.

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Section 3. Said Act is further amended by striking the period at the end of section ten (10) and replacing it with a semicolon followed by the words (9) violate no local, State or Federal laws and be of general good behavior; (10) if permitted to move or travel to another State, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to the State of Georgia. so that as amended, section ten (10) shall read as follows: The court shall determine the terms and conditions of probation and may provide that the probationer shall (1) avoid injurious and vicious habits; (2) avoid persons or places of disreputable or harmful character; (3) report to the probation officer as directed; (4) permit such officer to visit him at his home or elsewhere; (5) work faithfully at suitable employment insofar as may be possible; (6) remain within a specified location; (7) make reparation or restitution to any aggrieved person for the damage or loss caused by his offense in an amount to be determined by the court, provided, however, that no reparation or restitution to any aggrieved person for the damage or loss caused by his offense shall be made if the amount is in dispute unless the same has been adjudicated; (8) support his legal dependents to the best of his ability; (9) violate no local, State or Federal laws and be of general good behavior; (10) if permitted to move or travel to another State, agree to waive extradition from any jurisdiction where he may be found and not contest any effort by any jurisdiction to return him to the State of Georgia. Terms of probation. Section 4. Said Act is further amended by inserting in section thirteen (13) after the words such provision shall, the word not. Section thirteen (13) is further amended by striking the colon in the eighth line of said section and the proviso which reads Provided that nothing in this section shall apply to abandonment or bastardy cases. and inserting in lieu thereof a period so that as amended section thirteen (13) shall read as follows: In all criminal cases in which the defendant shall be found guilty, or in which a plea of guilty or plea of nolo

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contendere shall be entered, and the trial judge after imposing sentence shall further provide that the execution of such sentence shall be suspended, such provision shall not have the effect of placing such defendant on probation as provided in this law (27-2702 through 27-2726). Suspended sentences. Section 5. Said Act is further amended by striking from section twenty-five (25) the words not less than $3,600 annually nor more than $7,200 annually and inserting in lieu thereof the words not to exceed the sum of eight thousand five hundred ($8,500) dollars per annum. so that as amended, section twenty-five (25) shall read as follows: There is hereby created the position of examiner for the State Board of Probation. He shall be appointed by the Board and serve at the pleasure of the Board. His compensation shall be fixed by the Board in an amount not to exceed the sum of eight thousand five hundred ($8,500) dollars per annum. Any person, in order to hold this position, must be at least 21 years of age and must have a general knowledge of accounting or bookkeeping. Such examiner shall be allowed travel and other expenses the same as other State employees. He shall also be required to give bond in such amount, not less than $5,000, as may be fixed by the Board, in the same manner and for the same purposes as now provided under section 27-2707, as hereby amended, for the bonds of circuit probation officers. Such bond shall bind said examiner, together with his Surety, in the performance of his duties in all judicial circuits of the State. Examiner. Section 6. Said Act is further amended by striking from section twenty-six (26), the last sentence which begins The State Board of Probation, should they deem it necessary, so that as amended, section twenty-six (26) shall read as follows: It shall be the duty of the aforesaid examiner to travel over the State and audit the accounts of every probation officer or field supervisor who has any money, fines, court costs, property or other funds coming into his control or possession, or being disbursed by him, by virtue of his duties

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as a State probation officer or field supervisor. The examiner shall further assume all of the duties and all other resonsibilities of a field supervisor when so directed by the State Board of Probation. The examiner shall keep a permanent record of his audit of each probation officer's accounts on file with the Director of Probation and it shall be the duty of the examiner to call the attention of the Director to all discrepancies in said accounts and to further notify the Director and each Member of the State Board of Probation in writing of any discrepancy of an illegal nature that might result in prosection. The examiner shall have the right to interview and make inquiry of certain selected payors or recipients of funds, as he may choose, without notifying the circuit probation officer, to carry out the purposes of said audit. Audits. Section 7. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 31, 1965. SERVICE OF PROCESSNON-RESIDENT MOTOR COMMON CARRIERS. Code 68-618 Amended. No. 372 (House Bill No. 93). An Act to amend Chapter 68-6 of the Code of Georgia of 1933, as amended, concerning the regulation of motor common carriers, so as to increase from three dollars ($3.00) to four dollars ($4.00) the fee of the Secretary of State for accepting service of process as an agent for a non-resident motor common carrier; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subsection (a) of section 68-618 of the Code of Georgia of 1933, as amended, providing for service of

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process on non-resident motor common carriers and the manner of serving same, is hereby amended by striking the words and figure three dollars ($3.00) therefrom and inserting in lieu thereof the words and figure four dollars ($4.00). Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. CLERKS OF SUPERIOR COURTSBONDS. Code 24-2713 Amended. No. 373 (House Bill No. 131). An Act to amend Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 374), so as to increase the amount of said bond; to provide that the designated amount may be increased by local Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2713, relating to the bond which must be executed by the clerks of the superior courts, as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 374), is hereby amended by striking from said section the following: execute bond in the sum of $3,000, with good security, unless changed to a less or greater amount by local Acts., and inserting in lieu thereof the following: execute bond in the sum of $10,000, which amount may be increased in any county by local Act.,

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so that when so amended Code section 24-2713 shall read as follows: They also shall at the same time (except those appointed by the judges of the superior courts, and those becoming clerk by operation of law) execute bond in the sum of $10,000, which amount may be increased in any county by local Act. They shall have the power to appoint a deputy or deputies, and may require from them bonds with good security, who shall take the same oath as the clerks do before entering upon the discharge of their duties, and whose powers and duties are the same as long as the principal continues in office and not longer, for the faithful performance of which they and their securities are bound. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. CRIMESDEFRAUDING OR ATTEMPTING TO DEFRAUD TELEPHONE AND TELEGRAPH COMPANIES. No. 374 (House Bill No. 534). An Act to amend an Act entitled An Act to prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid payment of the lawful price, charge or toll therefor; to prescribe penalties therefor; to repeal conflicting laws; and for other purposes., approved March 28, 1961 (Ga. L. 1961, p. 224), so as to make it unlawful for any person to avoid or attempt to avoid or to assist or cause another to avoid the lawful charges, in whole or in part, for any telephone or telegraph service or transmission of a message, signal or

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other communication by telephone or telegraph or over telephone or telegraph facilities, by the use of any fraudulent device, means or method; 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 prohibit any person from obtaining or attempting to obtain, by the use of any fraudulent scheme, device, means or method, telephone or telegraph service or the transmission of a message, signal or other communication by telephone or telegraph with intent to avoid payment of the lawful price, charge or toll therefor; to prescribe penalties therefor; to repeal conflicting laws; and for other purposes., approved March 28, 1961 (Ga. L. 1961, p. 224), 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. It shall be unlawful for any person to avoid or attempt to avoid or to assist or cause another to avoid the lawful charges, in whole or in part, for any telephone or telegraph service or for the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities, by the use of any fraudulent scheme, device, means or method. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. THE BOARD OF TRUSTEES OF THE JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM. No. 378 (House Bill No. 440). An Act to create a public corporation to be known as The Board of Trustees of the Joint Municipal Employee's Retirement

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System; to provide the appointment, membership and qualifications of said Board; to provide for officers of said Board; to provide the powers of said Board; to provide that each incorporated municipality of the State shall have the power to establish a retirement plan for its employees subject to the terms of this Act and appropriate funds for such purpose; to provide for contracts between said Board and municipal corporations to effectuate the purposes of this Act; to authorize said Board to employ and contract with banks, trust companies, insurance companies and others, authorized to do business in this State, in effectuating the purposes of this Act; to provide for a combined investment fund; to provide for the payment of benefits; to exempt funds of said Board from process, levy and attachment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the legislative intent to provide a method whereby the municipal corporations of this State may, in the discretion of their respective governing bodies, provide retirement and other benefits to their employees through a common administrative and investment system. Such a system based on joint participation will permit municipal corporations, regardless of size, to provide certain benefits to their employees, will reduce overall administrative costs which might be prohibitive if undertaken individually, will make possible better investment opportunities, and through a provision for continuity of service will provide added security for professional employees who transfer from one municipality to another in the State. This is considered to be in the public interest in attracting and holding better qualified personnel in municipal service and in providing greater personal security to local government employees in their old age. Intent. It is therefore intended that this Act be liberally construed to effectuate this intent.

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Section 2. The following words and phrases as used in this Act shall, unless a different meaning is clearly required by the context, have the following meanings: (1) Retirement system or system shall mean the Joint Municipal Employee Retirement System created by this Act. Definitions. (2) Board of trustees shall mean the board of trustees of the Joint Municipal Employee Retirement System, created by this Act. (3) Member municipality shall mean a municipal corporation of the State of Georgia which has contracted to become a member of the retirement system, as provided for in section 9. (4) Contract shall mean a contract, as provided for in section 9, between the board of trustees and a member municipality. (5) Employee shall mean any full-time salaried, or hourly-rated person, including appointed and elected officers, in the active service of a municipal corporation of the State of Georgia. (6) Participating employee shall mean an employee of a member municipality for whom contributions to the retirement system are being made under a contract. (7) Money purchase benefit shall mean a system whereby the contributions to the plan are fixed in advance and the pension benefit is the variable factor. (This contrasts with the definite benefit plan whereby benefits are determined in advance by a formula and the contributions are treated as the variable factor.) (8) Fund shall mean the pooled investments fund, created by this Act, to which contributions of participating employees and of member municipalities are co-mingled for investment purposes.

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Section 3. There is hereby created a body corporate which shall be a public corporation of this State to be known as The Board of Trustees of the Joint Municipal Employees Retirement System. Said Board may contract, sue and be sued, plead and be impleaded, adopt and alter a seal, and exercise such other powers and responsibilities as conferred by this Act or as may be necessarily implied as incident to the purposes for which it is hereby created. Created. Section 4. Said Board shall consist of seven members. To be eligible for membership on the Board a person must be at least twenty-five years of age and a citizen of the State of Georgia, not a member of the Georgia Real Estate Investment Board. Members shall be eligible to succeed themselves. Members, etc. Before taking office, each member elected or appointed shall take an oath to faithfully perform his duties. The members shall receive no compensation for their services, but shall be reimbursed expenses incurred in the performance of their duties. Each member shall serve until his term expires and until his successor is elected and qualified. Section 5. The Board shall be initially established as follows: within ninety days of the effective date of this Act the Governor shall appoint six members whose terms shall begin upon appointment and end respectively as follows: Two members for a term ending June 30, 1966; One member for a term ending June 30, 1967; One member for a term ending June 30, 1968; Members, etc. One member for a term ending June 30, 1969; and, One member for a term ending June 30, 1970.

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The seventh member shall be appointed by the Board for a term ending June 30, 1970, and thereafter appointed by the Board for five year terms. The member appointed by the Board shall, in addition to other qualifications hereinbefore provided, not be an officer or employee of any member municipality. The Governor's appointments shall be made from a list of not less than twelve nominees recommended by the Board of Directors of the Georgia Municipal Association. As the six initial terms for which appointments have been made by the Governor expire, future such members shall be elected by the member municipalities for five year terms. Elections for members of the Board shall be held at an annual meeting and voting shall be on the following basis: each member municipality shall have one vote for each $1000 or fraction thereof paid in contributions to the system during the twelve month period immediately preceding the election. The aggregate vote of each member municipality shall be cast by its designated representative. Section 6. Any vacancy occurring on the Board more than three months before a regular election shall be filled by appointment of the remaining members of the Board to serve until the next regular election when such position shall be filled for the remainder of the unexpired term by vote of the member municipalities. Vacancies. Section 7. At its organizational meeting and at its first meeting following July 1 in each year, the Board shall elect a chairman, secretary, and treasurer. The secretary and treasurer need not be members of the Board and such offices may, in the discretion of the Board, be combined in one person. The secretary and treasurer, whether or not members of the Board, may receive such compensation as fixed by the Board for performing their duties. The treasurer shall give good and sufficient bond in such amount as provided by the Board, but not less than $30,000, and the premium thereon shall be paid from the administrative funds of the Board. Officers, etc.

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Section 8. The Board shall have the following specific powers, together with such other powers as may be necessary or incidental thereto in effectuating the purposes of this Act: (1) To adopt by-laws governing its operations and procedures; (2) To contract with municipal corporations of this State for the use or furnishing of services and facilities in providing retirement and other benefits to municipal employees; (3) To determine the actuarial soundness of proposed contracts for the provision of retirement and other benefits to municipal employees and to execute or reject the same; Powers. (4) To contract with other public bodies of this State for the use of services and facilities necessary, useful or incident to providing retirement and other benefits to municipal employees; (5) To employ legal counsel; (6) To employ and contract with actuaries, accountants, medical personnel and other agents and employees; (7) To employ and contract with banks, corporate trustees and insurance companies authorized to do business in this State, as further provided in this Act; (8) To accept gifts and donations of property of every nature, and use the same for the purposes of this Act; (9) To collect and disburse all money due or payable and to invest and reinvest the same; (10) To adopt mortality tables; (11) To provide for and promulgate such rules, regulations and forms as deemed necessary or desirable in contracting

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with member municipalities and in fulfilling its purposes of providing retirement and other benefits to municipal employees, and in maintaining proper records and accountings related thereto. Section 9. Each municipal corporation of this State is hereby empowered to establish a retirement plan, which may include death benefits, for its employees, as defined herein, and to implement such plan by contract with the Board as provided herein and as provided in rules and regulations promulgated by the Board pursuant to this Act. Said municipal corporations are authorized to appropriate funds to provide the benefits under such plans and to pay their respective portion of the administrative costs of the Board in administering the system. Municipal retirement systems. Such plans shall be enacted by ordinance of the municipal governing body setting forth the employees to be covered, the benefits to be provided and the conditions of the plan. The contract with the Board shall be executed pursuant to such ordinance. Each municipal corporation is authorized to make reasonable classifications of employees in its plan and to provide for integration of its plan with social security benefits and with other retirement or pension plans under which certain classes of employees may be entitled to benefits. Plans enacted pursuant to this Act shall be limited to a money purchase benefit, as defined herein, but may provide for optional settlement benefits which are determined by the Board to be actuarially equivalent to a straight life annuity at the time of retirement. In addition to retirement benefits, such plans may provide for a death benefit not to exceed $1000, plus double indemnity for accidental death. Each municipal corporation is authorized to pay the total contribution on behalf of its employees or to provide that a portion, not to exceed 50%, of the contribution be deducted

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from the salaries of participating employees. Contributions paid by a municipal corporation shall be paid from municipal funds on hand or to be collected in the year the contribution is made, and shall not be deemed to create a debt of the municipal corporation. Section 10. Such plans shall provide that contributions made by a participating employee shall be returned to such employee or his estate in the event of death before retirement or in the event he is separated from municipal employment prior to the time he becomes eligible for retirement benefits. Such contributions may be returned without interest, or with such interest as provided in the plan. It is intended that no vested rights be created in any participating employee to any contribution made by a member municipality on his behalf prior to the time he is eligible for retirement benefits. Same. Section 11. Each municipal corporation is hereby authorized in its plan and contract as provided in section 9, to determine what credit, if any, shall be allowed for prior service. The dollar liability for any such prior service credits allowed shall be actuarially determined and incorporated in the contract setting forth the manner in which such liability shall be defrayed by the municipal corporation. Credit for prior services. Section 12. Each municipal corporation is hereby authorized in its plan and contract as provided in section 9, to provide the following: (1) minimum age at entry into its plan; (2) minimum years of service at entry into its plan; Plans. (3) maximum years of creditable service allowable; (4) provisions relating to separation and return to employment; provided, that the Board is authorized to reject any contract provision which it determines to be actuarially unsound or

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which it determines would create an undue administrative burden. Section 13. Early retirement age under any plan established pursuant to this Act shall be age fifty-five. Each municipal corporation may provide in its plan for normal retirement age not earlier than age sixty-five nor later than age seventy. Ten years minimum service shall be required under any plan established pursuant to this Act to be eligible for retirement benefits. Retirement age, etc. No retirement benefits shall be paid prior to July 1, 1970, under any plan established pursuant to this Act. Section 14. The Board may provide rules under which contracts with member municipalities may provide for uninterrupted participation by a participating employee who transfers his employment from one member municipality to another. Transferring employees. Section 15. The Board is specifically authorized to place funds held by it with banks or trust companies having corporate trust powers and authorized to do business in this State, and to authorize any such bank or trust company to invest and reinvest such funds for its account, subject to the provisions relating to investments by domestic insurance companies under the laws of Georgia. The Board is further authorized to employ such banks and trust companies as agents for the keeping of records and the receipt and disbursement of funds held by or due the Board. The Board shall prescribe the powers and duties of such trustees in accordance with this Act. Investments. Section 16. The Board is specifically authorized to place funds held by it with insurance companies authorized to do business in this State for the purpose of investment at guaranteed or anticipated rates of interest. The Board is further authorized to purchase insurance contracts on the lives of participating employees and to purchase annuity contracts to provide retirement benefits to participating employees and pay all premiums thereon. The Board is

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further authorized to employ such insurance companies to provide actuarial advice and to provide services in the keeping of records and the receipt and disbursement of funds held by or due the Board. Same. Section 17. The Board is authorized to invest and reinvest funds held by it in any investments which are legal investments for domestic insurance companies under the laws of Georgia, and to purchase, acquire, hold, lease, sell and convey real and personal property. Same. Section 18. The Board shall administer the Fund and maintain records as follows: (1) The Board shall maintain (a) individual accounts for each participating employee, to which shall be credited the dollar value of participation allocated to such employee under the respective member municipality's plan and (b) such other accounts, if any, as may be reasonably required, in the discretion of the Board, for the convenient administration of the plan. Records. (2) There shall be credited to the contribution account of each member municipality all contributions received by the Board, and there shall be charged against said account all payments made therefrom, pursuant to the terms of the plan and any other payment or expenses required to be paid by the Board and determined to be chargeable against said account. (3) The interest of each member municipality in the Fund shall be represented by units which shall constitute equal interests in the Fund without priority or preference one over the other. Each member municipality shall be assigned units in the Fund on the basis of transfers to the Fund from such member municipality's account, and deducted in like manner to reflect withdrawals from the Fund. (4) The Board shall prescribe in its by-laws the method of evaluation of assets, in accordance with acceptable accounting practices in use by corporate trustees.

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Section 19. The Board shall determine the principal and income of the Fund on periodic valuation dates, established by the Board, but at least each twelve months. Income shall be determined by the Board in accordance with an established method which it may prescribe in its by-laws and which conforms to acceptable accounting practices in use by corporate trustees. The Board shall deduct from either principal or income or both such charges, expenses and liabilities as it determines, in its discretion, to be chargeable against either. The income shall be added to and become a part of the principal of the Fund on such valuation dates as established by the Board, but at least each twelve months. Periodic valuations. Section 20. The principal value on any valuation date of each unit into which the Fund is divided, as hereinbefore provided, shall be determined by dividing the then principal value of the Fund by the number of units into which the Fund is then divided. Same. Section 21. At least once during each period of twelve months, an audit shall be made of the Fund by independent public accountants responsible only to and appointed by the Board. The compensation and reasonable expenses of any independent public accountants may be charged to the Fund and apportioned between principal and income as the Board may deem proper. Audits. The auditors appointed shall audit the accounts of the Board and shall make a report of such audit, which shall include a list of the investments and other assets comprising the Fund on the last day of the period covered by such audit, and shall show the valuation placed on each item as of the last date of the period covered by such audit, a statement of charges, sales and any other investment charges and of all income and disbursements since the last audit and appropriate comments as to any investment in default as to principal or interest. Promptly upon receipt by the Board of report of such audit, the Board shall send notice to each municipality to whom a regular periodic accounting would ordinarily be

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rendered that the report is available and that a copy thereof will be furnished upon request. In auditing the accounts of the Board the auditors shall be required to make only such examination of the accounts and records as they deem reasonably necessary. The auditors shall incur no liability for any act done or suffered by them in good faith in the exercise of reasonable care. The auditors shall include in their report their unqualified opinion on the presentation of the financial position and operations of the Board. If such auditors are unable to express an unqualified opinion they shall so state and shall further detail reasons for their qualification or disclaimer including recommendations for improvements. Section 22. The Board shall file with each member municipality an annual written report showing pertinent transactions affecting its respective account since the last previous such report. Within ninety (90) days of the receipt of such report a member municipality may file written objections with the Board with respect to any transactions regarding its account as shown in such report. Annual reports. Section 23. The administrative expenses of the Board including all operational expenses, fees, compensation and other costs, shall be paid from funds held by the Board and shall be chargeable to either principal or income or both as determined by the Board on any valuation date as hereinbefore provided in section 19. Administrative expenses for the first year of operation may be assessed against first year contributions in proportion to the number of participating employees. Expenses. Section 24. Funds of the Board on deposit with any one bank or trust company shall not exceed 25% of the combined capital and surplus of such bank or trust company. Such bank or trust company shall give bond or pledge sufficient Federal or municipal securities to secure the deposits of the Board. Investments.

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Section 25. Benefits arising under this Act and any contract made pursuant hereto are subject to legislative revision and no vested rights are created in the continuation of the system hereby established. Intent. Nothing in this Act shall create a debt of the State of Georgia. Section 26. Funds held by the Board or for its account shall not be subject to process, levy or attachment, nor shall benefits arising under this Act or any contract pursuant hereto be assignable. Attachment. Section 27. Municipal corporations who provide retirement benefits under a local or special act may contract with the Board for transfer of credits to this system and continuation of accrued benefits to their employees under such terms as may be provided by amendment to such local or special act and which are not inconsistent with this Act or rules or regulations adopted pursuant hereto. Otherwise, this Act is not intended to affect existing retirement or pension systems established by local or special act, nor to preclude future local or special acts establishing individual municipal retirement systems. Contracts. Section 28. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 31, 1965. JUVENILE COURT ACT AMENDED. No. 379 (House Bill No. 525). An Act to amend an Act known as the Juvenile Court Act, approved February 19, 1951, (Ga. L. 1951, p. 291), as amended; so as to provide and empower the juvenile courts to act as courts of inquiry; to be able to examine or investigate into the probable cause; to commit, bind

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over, discharge or require bonds or bail to secure appearances for prosecution of persons seventeen years of age or over who commit a misdemeanor or felony; provided that the evidence of such probable cause is developed before the Court in the course of any proceeding instituted under said Juvenile Court 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 Juvenile Court Act, approved February 19, 1951, (Ga. L. 1951, p. 291), as amended, is hereby amended by adding a new section thereto, reading as follows: The juvenile court shall have jurisdiction to act as a court of inquiry, with all the powers and rights allowed courts of inquiry in Georgia, and to examine or investigate into the circumstances or causes of any conduct or acts of any person seventeen (17) years of age or over that may be in violation of the laws of Georgia, whenever such person is brought before the court in the course of any proceeding instituted under Ga. L. 1951, pp. 291-311. Whereupon, the court shall cause such person to be apprehended, and brought before it, upon either a writ of summons or warrant duly issued, or by arrest, and where, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that such person has committed a misdemeanor or felony as prescribed under the laws of Georgia, the court in such instance shall either commit, or bind over to the court of proper jurisdiction in this State, or discharge such person, and when justice shall require, the court shall cause such person to make such bond or bail as the court shall deem proper under the circumstances, to cause such person to appear before the court of proper jurisdiction in this State, to be acted upon as provided by law. Courts of inquiry. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 31, 1965.

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PAYMENT OF TAXES IN CERTAIN COUNTIES. Code 92-6402 Amended. No. 381 (House Bill No. 429). 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 114,000 and not more than 120,000, according to the 1960 United States Census or any future such census, taxes shall become due and payable on the 1st day of September in each year and shall become delinquent on the 20th day of November in each year; to provide that a penalty of ten per cent (10%) of the tax due shall accrue on taxes 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 to the county or property 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 114,000 and not more than 120,000, according to the 1960 United States Census and any future such census, the taxes shall become due and payable on the 1st day of September of each year and shall become delinquent if not paid by the 20th day of November in each year; a penalty of ten per cent (10%) of the taxes due shall accrue on such taxes that are not paid before the same becomes delinquent; all taxes and penalties remaining unpaid on the 20th day of December of each year shall bear

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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. Where applicable, etc. Section 2. This Act shall become effective on January 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 31, 1965. CRIMESDEVICES USED IN THEFT OF COMMUNICATION SERVICE. Code 26-2702, 26-2703 Enacted. No. 383 (House Bill No. 589). An Act to amend Code chapter 26-27 relating to tools used in committing crimes, so as to prohibit the manufacture, sale, offer or advertisement for sale, possession, gift or transfer of any instrument, apparatus, equipment, or device or plans or instructions therefor, designed, adapted, or which can be used for the commission of theft to telephone or telegraph service, or to conceal the existence of place of origin or destination of any telephone call or telegraph message, to provide for criminal penalties; to authorize the seizure of any such instrument, apparatus, equipment, device plans or instructions by court order, under search warrant or incident to arrest, and following certain convictions, the destruction thereof as contraband; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-27, relating to tools used in committing crimes, is hereby amended by adding at the

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end thereof two new code sections to be known as Code sections 26-2702 and 26-2703 to read as follows: 26-2702. Making or possessing devices used in the theft of communication service .Any person who knowingly: (1) Makes or possesses any instrument, apparatus, equipment or device designed, adapted or which can be used (a) for commission of a theft of telephone or telegraph service in violation of an Act approved March 28, 1961 (Ga. L. 1961, p. 224), or (b) to conceal, or to assist another to conceal, from any supplier of telephone or telegraph service or from any lawful authority the existence or place of origin or destination of any telephone call or telegraph message; or (2) Sells, gives, transports, or otherwise transfers to another, or offers or advertises to sell, give, or otherwise transfer, any instrument, apparatus, equipment, or device described in (1), above, or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ such instrument, apparatus, equipment, or device, or to allow the same to be used or employed, for a purpose described in (1) (a) or (1) (b), above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment, or device, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor, or if he has been previously convicted of a felony or of violating the provisions of this Act, he shall be guilty of a felony and upon conviction thereof, shall be sentenced to the penitentiary for not less than one year or for not more than three years. 26-2703. Seizure and disposition of such devices .Any such instrument, apparatus, equipment, or device, or plans or instructions therefor, may be seized by court order, or under a search warrant of a magistrate or other court authorized to issue search warrants, or incident to a lawful arrest; and upon the conviction of any person for a violation of any provision of this Act, or an Act approved March 28, 1961 (Ga. L. 1961, p. 224), such instrument, apparatus,

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equipment, device, plans or instructions either shall be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telegraph company in whose territory such instrument, apparatus, equipment, device, plans or instructions were seized. Section 2. The provisions of this Act are hereby declared to be severable. If any of its sections, provisions, exceptions, sentences, clauses, phrases or parts be held unconstitutional or void, the remainder of this Act shall continue in full force and effect, it being the legislative intent now hereby declared, that this Act would have been adopted even if such unconstitutional or void matter had not been included therein. Severability. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 384 (House Bill No. 261). An Act to amend an Act entitled An Act to establish a retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to change the definition of the word teacher; to require contributions with interest for certain prior service; to change the provisions relating to military service credit; to allow teachers to complete the school year in which

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they attain age 70 or 73; to provide for medical examinations and reexaminations for the Board of Trustees of disabled beneficiaries up to age 65; to provide that contributions shall be made through the school year in which the member attains age 65 and has completed 40 or more years of creditable service; 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 retirement system for aged and incapacitated teachers in the State Public Schools; and other State Supported Schools; to determine Membership and conditions of Membership in said system; to provide for a Board of Trustees of said system and for the administration of its affairs; to provide for the management of the funds of said system; to provide a method of financing said system; to repeal conflicting laws; and for other purposes., approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by striking from subsection (5) of section 1 the following: In the event any privately operated nonsectarian school and any teacher therein request the Board of Trustees to permit such school as employer and such teacher therein to make contributions as herein defined to provide such retirement benefits for such private school teacher, the board shall permit such teacher to come under the operation of this Act as a teacher', but the State shall make no contributions on account of such private school teacher., Repealed. so that when so amended subsection (5) of section 1 shall read as follows: (5) `Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical

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employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employees employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agriculture Extension Service of the University of Georgia. The word `teacher' shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the University System and shall include secretary and treasurer of the Board of Regents. The Board of Trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Education Association and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof request the Board of Trustees to permit the Association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such employee. The word `teacher' shall also include regional the county librarians who are compensated in whole or in part from State funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers' Retirement System of Georgia is hereby ratified, subject to the same laws and the same rules and regulations applicable to other members of the System. The word `teacher' shall not be deemed to include any emergency or temporary employee. In the event that the Board of Regents of the University System of Georgia and any person employed by Radio Station WGST request the Board of Trustees to permit the Board of Regents as employer and such employee to make the contributions as herein defined to provide such retirement benefits for such employee, the Board of Trustees shall permit such employee to come under the operation of this Act as a `teacher'; but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available

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for the operation of Radio Station WGST; provided, that any employee qualifying as a `teacher', under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. In addition to the foregoing, `teacher' shall also include any person employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the Board of Trustees shall determine whether any particular employee is a maintenance or custodial employee; provided, that any employee qualified as a `teacher' under the terms of this sentence, shall not be entitled to any prior service credit for service rendered prior to being included in the system. Teacher defined, etc. Section 2. Said Act is further amended by striking the period at the end of subsection (2) of section 4 and inserting in lieu thereof a comma, and adding the words, provided that for all such prior service after July 1, 1961, contributions shall be at the rate of six (6%) per cent, plus three and one-half (3%) per cent interest compounded annually to date of payment., so that when so amended subsection (2) of section 4 shall read as follows: (2) Under such rules and regulations as the board of trustees shall adopt, each member who was a teacher at any time during the calendar year 1943, or in lieu of having taught in 1943, teaches two out of three years between January 1, 1940, and January 1, 1943, or has taught two years from January 1, 1945 to January 1, 1948, or has taught one year between January 1, 1945, and January 1, 1948, and has fifteen years' service previous to January 1, 1948, shall file a detailed statement of all services as a teacher rendered by him prior to January 1, 1945, for which he claims credit. In the event any person who would otherwise have qualified under this subsection shall be on leave in the armed forces of the United States, any such person shall have until six months after termination of his military service to qualify under the provisions hereof. Upon verification of such statement of service, the board of trustees

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shall issue a prior service certificate certifying to the members the period of service prior to January 1, 1945, with which he is credited on the basis of his statement of service, and certifying the amount of his `prior service accumulations' as defined in subsection (3) of this section 4. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service; provided, however, that a member may within one year from the date of issuance or modification of such certificate, request the board of trustees to modify or correct his prior service certificate. When membership ceases such prior service certificate shall become void. Any member who is unable to qualify for prior service under the provisions heretofore set forth may qualify for such prior service he has rendered in the public schools or University System of Georgia after he has been a contributing member for five years and upon compliance with other provisions prescribed by this Act. Those teachers having signed non-election cards expressing their desire not to become members, but who now wish to do so, may receive credit for prior service (service prior to January 1, 1945), upon making contributions of five (5%) per cent for the years between January 1, 1945, and the time they shall have become contributing members, plus three and one-half (3%) per cent interest, based on salary earned during such years, provided that for all such prior service after July 1, 1961, contributions shall be at the rate of six (6%) per cent, plus three and one-half (3%) per cent interest compounded annually to date of payment. Credit for prior service. Section 3. Said Act is further amended by striking subsection (5) of section 4, which appears in section 14 of an amendatory Act approved March 7, 1962 (Ga. L. 1962, p. 723), in its entirety and inserting in lieu thereof a new subsection to be designated as subsection (6) of section 4 to read as follows: (6) Military Service Credit. (a) Any person who was on active duty in the armed forces of the United States during World War I, World War II, the Korean War, or any period of national emergency, may receive military service

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credit for such period of time up to a maximum of five years under the following conditions: Military credit service. (i) Prior service credit shall be awarded at no cost to the member for any period of military service prior to January 1, 1945. (ii) Membership service credit shall be awarded for any period of active military service performed after January 1, 1945, provided said person shall pay the regular employee contribution of 5 percent on the compensation last paid to him as a teacher before entering military service or 5 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus 3 percent interest on said employee contributions, compounded annually to date of payment, for any period of active military service between January 1, 1945, and July 1, 1961, and at the rate of 6 percent on the compensation last paid to him as a teacher before entering military service or 6 percent on the compensation first paid to him as a teacher after returning from military service, whichever the case may be, plus 3 percent interest on said employee contributions, compounded annually to date of payment, for any period of active military service subsequent to July 1, 1961. (b) Any person who shall leave the teaching profession to enter military service may return to the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above. (c) Any person who shall interrupt college training to enter military service may enter the teaching profession at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provisions of (i) or (ii) or (i) and (ii) in paragraph (a) above. (d) Any person who, after completion of college training, enters military service may enter the teaching profession

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at any time within five years after being released from military service and shall receive credit for such active military service in accordance with the provision of (i) or (ii) or (i) and (ii) in paragraph (a) above. Section 4. Said Act is further amended by striking Paragraph (b) of subsection (l) of section 5 in its entirety and inserting in lieu thereof a new paragraph (b) of subsection (1) of section 5 to read as follows: (b) Any member in service who on the commencement date has attained age 70 or who thereafter attains age 70 shall be retired forthwith on a service retirement allowance at the close of the school year. Upon the recommendation of the employer and approval by the Board of Trustees a member may be continued in service for a period of one year following each such recommendation and approval, but not beyond June 30, 1952. However, in exceptional instances, where any county or independent board of education may deem it necessary for the efficient operation of its school system, it may, in its discretion, allow teacher members of the retirement system in its respective school system to remain in service for a period not to exceed three years from the date such teacher member of the retirement system attains the age of 70 years, and such teacher member of the system upon reaching the age of 73 shall be retired forthwith on service retirement allowance under the provisions of this Act, unless such member receives written approval from his employer to complete the schoo, contract, or fiscal year; provided, however, that the provisions of this paragraph relating to retention in service until age 73 do not apply to retirement of teachers in the University System of Georgia. Retirement. Section 5. Said Act is further amended by striking from subsection (5) of section 5 the word sixty wherever it appears in said subsection, and inserting in lieu thereof the figure 65, so that when so amended subsection (5) shall read as follows: (5) Reexamination of Beneficiaries Retired on Account of Disability .Once each year during the first five years

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following retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may require a disability beneficiary who has not yet attained age 65 to undergo a medical examination, such examination to be made at his place of residence or other place mutually agreed upon, by a physician or physicians designated by the Medical Board, and such a beneficiary may himself request such an examination. Should any disability beneficiary who has not yet attained age 65 refuse to submit to such medical examination, his pension may be discontinued by the Board of Trustees until his withdrawal of such refusal, and should his refusal continue for one year all his rights in and to his pension may be revoked by the Board of Trustees. Should the Medical Board report and certify to the Board of Trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his retirement allowance and his average final compensation, the Board of Trustees may reduce his pension to an amount which, together with his annuity and the amount earnable by him, equals his average final compensation. Should his earning capacity be later changed, the amount of his pension may be further modified; provided that the new pension shall not exceed the amount of the pension originally granted nor an amount which, when added to the amount earnable by him together with his annuity, equals his average final compensation. Section 6. Said Act is further amended by striking from paragraph (a) of subsection (1) of section 8 the following: provided he has attained age sixty-five and has completed forty or more years of creditable service, and inserting in lieu thereof the following: after the close of the school, fiscal or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service, so that when so amended paragraph (a) of subsection (1) of section 8 shall read as follows:

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(a) Each employer shall cause to be deducted from the salary of each member for each and every payroll period (after the commencement date) six per centum of his earnable compensation, but the employer shall not have any such deduction made from the compensation of a member after the close of the school, fiscal or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period, and it may omit the deduction from compensation for any period less than a full payroll period if a teacher was not a member on the first day of the payroll period, and to facilitate in making of deductions the employer may modify the deductions required of any member but not more than one-tenth of one per centum of the annual compensation upon the basis of which such deductions are to be made. Each employer shall immediately pay to the board of trustees, in such manner as the Board shall prescribe the amount deducted, which shall be credited by the Board to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Contributions. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. OPEN WELLSFILLING OR OTHERWISE MAKING SAFE. No. 386 (House Bill No. 558). An Act to provide for the covering, filling or otherwise making safe of abandoned open wells or holes; to define abandoned open wells or holes for the purposes of this Act; to provide that convict labor may be used to make

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such abandoned wells or holes safe; to provide a method of reporting the existence of abandoned wells or holes; 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. Whenever it is brought to the attention of any person that an abandoned open well or hole as hereininafter defined exists on public or private property, said person shall as soon as practicable report the existence of said hazard to the County Civil Defense Director who shall immediately inform the official governing authority of said county and the owner or possessor of land in the county upon which the hazard exists. The official governing authority of any such county is hereby authorized to use any convict labor within the county to abate the hazard either by covering, filling or otherwise. When such hazard exists on private property, the official governing authority shall first obtain the permission of the owner of such property before proceeding with any action in regard to the hazard existing on said private property. Upon approval by the owner or possessor of said private property, the official governing authority may then allow the use of convict labor as hereinbefore mentioned but in no case shall any other work than making the hazard safe be done on private property. Section 2. For the purposes of this Act an abandoned well or hole shall be any man-made opening upon the surface of the earth ten feet or more in depth, not used for a period of sixty days, exclusive of ditches, stone, marble or slate quarries, or sand or gravel pits. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965.

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SHERIFFS' BONDS. Code 24-2805 Amended. No. 388 (House Bill No. 130). An Act to amend Code section 24-2805, relating to the bonds which must be given by sheriffs, so as to provide that the designated amount may be increased by local Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2805, relating to the bonds which must be given by sheriffs, is hereby amended by striking from said section the following: (unless changed to a less or greater amount by local Acts), and inserting in lieu thereof the following: which amount may be increased in any county by local Act, so that when so amended Code section 24-2805 shall read as follows: They shall also give a bond, with at least two sureties, in the sum of $10,000, which amount may be increased in any county by local Act, conditioned for the faithful performance of their duties as sheriffs, by themselves, their deputies, and their jailers, and upon the terms required by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965.

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AIRPORTSCONSTRUCTION, ETC. BY STATE HIGHWAY DEPARTMENT. No. 390 (House Bill No. 413). An Act to amend an Act entitled An Act to authorize the State Highway Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory Board, and to prescribe the duties of such Board, approved March 27, 1941 (Ga. L. 1941, pp. 237, 238), so as to authorize the State Highway Department to construct and maintain airports, landing fields, other air navigation facilities, and lighting and lighting fixtures, all in accordance with the Federal Aviation Agency's specifications and regulations of the United States Government; 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 State Highway Board to construct and maintain airports, landing fields, and other air navigation facilities, and to use the right of eminent domain in connection therewith; to provide for an Aeronautic Advisory Board, and to prescribe the duties of such Board; and for other purposes., approved March 27, 1941 (Ga. L. 1941, pp. 237, 238), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. From and after the passage of this Act, the State Highway Department is hereby authorized and empowered to construct and maintain airports, landing fields, air navigation facilities, and lighting and lighting fixtures, and to contract with the counties and municipalities of the State for the construction and maintenance of such airports, landing fields, air navigation facilities, and lighting fixtures, all in accordance with the Federal Aviation Agency's specifications and regulations of the United

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States Government, and upon such terms and conditions as said State Highway Department may determine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. STONE MOUNTAIN JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 392 (House Bill No. 395). An Act to amend an Act placing the solicitor-general of the Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, approved August 19, 1918 (Ga. L. 1918, p. 390), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1601), an Act approved February 15, 1952 (Ga. L. 1952, p. 220), an Act approved March 13, 1957 (Ga. L. 1957, p. 411), and an Act approved March 7, 1960 (Ga. L. 1960, p. 185), so as to change the provisions relative to the compensation of the solicitor general of the Stone Mountain 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 Stone Mountain Judicial Circuit on a salary basis in lieu of a fee basis, approved August 19, 1918 (Ga. L. 1918, p. 390), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 220), an Act approved March 13, 1957 (Ga. L. 1957, p. 411, and an Act approved March 7, 1960, p. 185), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The salary of the solicitor general of the Stone Mountain Judicial Circuit shall be the sum of $18,750

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per annum, in addition to any salary, compensation or allowances of any kind which he receives from the State of Georgia. Said sum of $18,750 shall be paid as follows: $18,750 of said sum shall be paid from the funds of the various counties comprising said circuit, upon the basis of population, so that each county in said circuit shall pay such proportion of said $18,750 as such county's population bears to the total population of all the counties of said circuit according to the last official United States census. Said proportion shall be changed to comply with each future United States census. It shall be the duty of the governing authority of each of said counties to cause to be paid out of the funds of each county, upon regular warrants, the portion of the compensation provided for herein assessed against each county. Such compensation shall be paid on a quarterly basis, on the first days of April, July, October and January. It is hereby made the duty of the governing authority of each of said counties to make provisions annually, when levying taxes in their respective counties, for the levying and collection of sufficient taxes for the purpose of paying the portion of such compensation assessed against such county. The compensation provided herein and the salary, compensation and allowances received by the solicitor general from the state shall be in full payment of all services of the solicitor-general. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS, LOCAL TAXATION. No. 394 (House Bill No. 533). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors,

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Ga. L. 1937-38, Ex. Sess., p. 103 et seq., approved February 3, 1938, by amending subsection 9 (d) and subsection 9 (g) to provide that municipalities and counties shall have the authority to require every person, firm or corporation engaged in the business of selling spirituous liquors in such municipalities or counties at wholesale or retail to pay an annual license fee and to limit the amount thereof; to provide for payment of excise taxes and to provide for deferred payments thereof; to limit the amount of such excise taxes which may be charged by municipalities and counties; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, Ga. L. 1937-38, Ex. Sess., p. 103 et seq., approved February 3, 1938, and the Acts Amendatory thereof, be and the same is hereby amended as follows: Section 1. That section 9 (d) of the above captioned Act on page 112, be stricken in its entirety, and that a new section 9 (d) be inserted in lieu thereof to read as follows: Section 9 (d). No license shall be granted by the Revenue Commissioner until the applicant has exhibited a license granted by the municipality, if the place of business to be conducted is within the corporate limits of a municipality, or by the governing authorities of the county where the place of business to be conducted is located, if such place of business is outside the corporate limits of a town or city, and the local authority issuing this license shall have full authority to pass on the character, reliability and other qualities of fitness before issuing such license. The annual licenses to be charged by a municipality or county shall be not more than $5,000.00 for manufacturers, not more than $5,000.00 for wholesalers, and not more than $5,000.00 for retailers. Local licenses. Section 2. That section 9 (g) of the above captioned Act at page 113, be stricken in its entirety, and that a new section 9 (g) be inserted in lieu thereof to read as follows:

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Section 9 (g). All licenses or license fees referred to in this Chapter shall be payable annually in advance. Provided further, that the municipalities and counties of this state where sales of alcoholic beverages are legal may, and they are hereby authorized, to levy an excise tax on the sale of alcoholic beverages at either the wholesale or retail level in a total amount not to exceed the sum of $.80 per wine gallon on spirituous liquors, excluding fortified wine, which excise tax may be paid at such times and under such rules and regulations as such county or municipality may provide, including the deferring of payment for a period of not more than forty-five (45) days from date of sale on which such tax is levied, and such excise tax shall be in addition to any annual license fee which may be imposed. Excise tax. Section 3. All laws or parts of laws in conflict herewith, including the provisions of Ga. L. 1951, p. 360 at 387 (Section 25), in so far as same prohibits a county or municipality levying an excise tax on spirituous liquors, are hereby repealed. Approved March 31, 1965. ORDINARIESBONDS. Code 24-1704 Amended. No. 395 (House Bill No. 132). An Act to amend Code section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge of their duties as clerks of the ordinaries, so as to increase the amount of said bond; to provide that the designated amount may be increased by local Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1704, relating to the bond which must be given by ordinaries for the faithful discharge

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of their duties as clerks of the ordinaries, is hereby amended by striking the figure $1,000, and inserting in lieu thereof the following: $10,000, which amount may be increased in any county by local Act., so that when so amended Code section 24-1704 shall read as follows: They must also give bond or surety, in the sum of $10,000, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the ordinary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. CONASAUGA JUDICIAL CIRCUITTERMS. No. 398 (House Bill No. 479). An Act to amend an Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), so as to change the terms of said judicial circuit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Judicial Circuit for the State of Georgia to be known as the Conasauga Judicial Circuit, approved March 22, 1963 (Ga. L. 1963, p. 182), 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 terms of court for said judicial circuit shall be as follows:

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The second Mondays in January, July and September, and the first Mondays in March, May and November for Whitfield County; and the second Mondays in February and October, the fourth Monday in May, and the first Monday in August for Murray County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. PER DIEM OF BOARD OF EXAMINERS OF PRACTICAL NURSES. Code 84-1031 Amended. No. 401 (House Bill No. 646). An Act to amend section 84-1031 of the Code of Georgia (Ga. L. 1953, page 333) to provide for an increase of per diem pay for the Board of Examiners of Practical Nurses of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. So much of section 84-1031 of the Code of Georgia (Ga. L. 1953, page 333) as reads These Board members shall be paid six dollars ($6.00) per day plus mileage, hotel and food shall be stricken out and in lieu thereof the following shall be inserted These Board members shall be paid fifteen dollars ($15.00) per day plus mileage, hotel and food so that when so amended said Code section 84-1031 of the Code of Georgia shall read as follows: There is hereby established an Advisory Committee composed of three Registered Professional Nurses, two representatives from the Georgia Hospital Association, one representative from the Medical Association of Georgia,

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and one representative from the Vocational Education Service of the State Department of Education which committee will serve in an advisory capacity to the Board of Examiners of Practical Nurses of Georgia on matters pertaining to licensing of practical nurses also training and instruction. This committee shall be appointed by the Governor from a list of at least six names submitted from the Registered Professional Nurses Association of Georgia, four from the Georgia Hospital Association, two from the Medical Association of Georgia, two from the State Board of Education. Each member shall serve two years or until his or her successor is appointed. This committee shall have at least two meetings each year with the Board of Examiners of Practical Nurses. The members of said committee shall serve without compensation and shall recommend to the Governor 10 practical nurses, who shall be registered as practical nurses following the recommendation of the advisory committee, from which the Governor shall appoint five to constitute a Board of Examiners of Practical Nurses. The terms of offices shall be two for four years, two for two years, and one for one year. Thereafter, they shall be appointed for four years upon recommendation of the advisory committee established in this section. These Board members shall be paid fifteen dollars ($15.00) per day plus mileage, hotel, and food. The Board shall meet at least twice each year and may have call meetings upon notice of the Chairman or Joint Secretary of the State Examining Boards. Rules and regulations regarding the training of practical nurses shall be formulated by the advisory committee and the Board of Examiners of Practical Nurses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. DRIVER RESPONSIBILITY LAW AMENDED. No. 403 (House Bill No. 232). An Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, approved February

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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), an Act approved April 12, 1963 (Ga. L. 1963, p. 593), and an Act approved March 4, 1964 (Ga. L. 1964, p. 225), so as to provide for a refund of a deposited security; 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 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), an Act approved April 12, 1963 (Ga. L. 1963, p. 593), and an Act approved March 4, 1964 (Ga. L. 1964, p. 225), is hereby amended by adding at the end of the last paragraph of section 10 the following: After such security is deposited in the general fund of the State Treasury, the State Treasurer is hereby authorized to return such security to the proper person as provided in this section as a refund, in the event proof is furnished to the Director that such person is the proper person to whom such security should be refunded. The Treasurer shall make no such refund without a certification by the Director of the name of the person to whom the refund should be made., so that when so amended said last paragraph of section 10 shall read as follows: In any case where, after the expiration of two (2) years from the date of the accident or from the date of deposit of any security under subdivision 3 of section 7, the Director

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is unable to contact the depositor by mail or receives any response from the depositor, the Director shall have a notice printed in the local newspaper in which legal notices are usually printed, in the county of the last known address of the depositor, once each week for four (4) consecutive weeks. Such notice shall specify that the depositor is eligible for the return of the security subject to the provisions of this Section, and shall further specify that if no response is received from the notice within two (2) years from the date on which the last notice is printed, the security will be deposited in the general fund of the State Treasury. If no response from the notice is received by the Director, the Director shall dispose of the security as provided herein. The cost of the publication shall be deducted from the security on deposit, regardless of whether the security is returned to the depositor or his legal representative or deposited in the State Treasury. After such security is deposited in the general fund of the State Treasury, the State Treasurer is hereby authorized to return such security to the proper person as provided in this Section as a refund, in the event proof is furnished to the Director that such person is the proper person to whom such security should be refunded. The Treasurer shall make no such refund without a certification by the Director of the name of the person to whom the refund should be made. Refunds of deposited security. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. FUNDS TO MUNICIPALITIES TO CONSTRUCT AND MAINTAIN STREETS. No. 407 (House Bill No. 6). An Act to provide for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding

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in defraying the costs of providing personnel and equipment for the control of traffic; to provide the procedure connected therewith; to repeal an Act relating to grants to incorporated municipalities, approved October 8, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 33), as amended particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 441); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the purpose and intent of the General Assembly that State funds be made available to the governing bodies of certain incorporated municipalities of this State to aid them in fulfilling their responsibility to construct and maintain a system of public roads, streets, sidewalks, bridges and appurtenances, and to provide traffic control devices and equipment to control and accommodate the flow of traffic therein, and funds made available under this Act shall be used for such purposes and not otherwise. Intent. Section 2. To the extent funds are made available by the Budget Authorities pursuant to the General Appropriations Act of 1965, or to the extent funds are made available by any future law, for the purposes set out in section 1 hereof, the State Treasurer is authorized and directed to grant such funds to the incorporated municipalities of this State, as defined herein, on the following basis: Grants. (a) An amount equal to five ten-thousandths of the total sum available at any given time for grants under this Act shall be first determined, and each incorporated municipality whose population is 500 or less shall receive as its total grant such portion of the five ten-thousandths amount so determined as its population proportionately bears to 500. Such grants shall be referred to as Subsection (a) Grants. (b) The amount remaining for distribution after deducting the total amount of subsection (a) Grants shall

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then be divided by the total population of all incorporated municipalities whose population exceeds 500 to arrive at a per capita amount. Such per capita amount shall be multiplied, in turn, by the population of each incorporated municipality whose population exceeds 500. Any such municipality whose population when so multiplied equals less than the five ten-thousandths amount as first determined under subsection (a) shall receive as its total grant the five ten-thousandths amount. Such grants shall be referred to as Subsection (b) Grants. (c) The amount remaining for distribution after deducting the total amount of Subsection (a) and Subsection (b) Grants shall then be divided by the total population of all remaining incorporated municipalities (eliminating those receiving Subsection (a) and Subsection (b) Grants) to arrive at a per capita amount for such remaining incorporated municipalities. The per capita amount as so determined shall then be multiplied by the population of each such remaining incorporated municipality to arrive at their respective grants. Such grants shall be referred to as Subsection (c) Grants. (d) Whenever population is used in this Act it means population as determined according to the United States decennial census of 1960 or any future such census. (e) The computation of individual municipal grants as called for in this Act shall be prepared by the Director of the State Highway Department and certified to the State Treasurer. Upon receipt of such certified computation the State Treasurer shall make payments as called for herein. Section 3. Incorporated Municipality as used in this Act shall mean an incorporated municipality, whose population shall be based on the current United States decennial Census, the governing body of which has held at least six regular meetings within the twelve months preceding the execution of the certificate required by section 4 hereof, and which has levied taxes or levied fees of any type for the operation of the government of the municipality or

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which has received a franchise tax from any utility, firm or corporation within the twelve months preceding the execution of the certificate required by section 4 hereof. Incorporated municipality. Section 4. Each incorporated municipality, as defined herein, shall submit to the State Treasurer a certificate showing the number of regular meetings held within the preceding twelve months by the governing body of the municipality, and stating that taxes or fees were levied within the twelve months preceding such certificate for the operation of the municipal government. Such certificate shall be substantially in the following form: Certificate. Such certificate shall be executed by the highest elective official, whether designated Mayor or some other term (or by the Chairman of the Commission in those municipalities having a commission form of Government), and attested by the Clerk. The name of the municipality used in the certificate shall be its official corporate name. The name of the municipal Treasurer or other official, or officials, authorized to receive municipal funds shall be listed in the certificate and the instrument transferring funds to the

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municipality shall be payable to such Treasurer or other official or officials as listed in the certificate. The information contained in the certificate shall constitute the basis upon which the State Treasurer shall make the distribution of funds under this Act and the Treasurer shall not be liable, either personally or in his official capacity, for any false information contained in any such certificate. Any person wilfully and knowingly signing a certificate containing false information shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 5. Prior to June 1, 1965, and prior to June 1 of each succeeding year, a certificate shall be filed which shall be the basis upon which payments shall be made of funds made available under this Act for the immediately succeeding fiscal year beginning July 1 and ending June 30. In the event no certificate is filed within the time limitations specified above, the municipality shall not be entitled to and shall not be paid any funds for the applicable period, and such municipality shall not be included in the formula for determining the amount of the grants as provided in section 2 of this Act. Same, filing. Section 6. Funds distributed under this Act by the State Treasurer shall be paid to the municipality in the name of the municipal Treasurer or other official or officials authorized to receive municipal funds as listed in the certificate required by section 4 of this Act. Such funds shall be expended by the municipality only for the purposes prescribed in section 1 of this Act. Payment of funds. Section 7. An Act entitled An Act to provide for grants to certain incorporated municipalities of this State for the purpose of aiding in the construction and maintenance of streets and for aiding in defraying the costs of providing personnel and equipment for the control of traffic; to provide the procedure connected therewith; to repeal an Act relating to grants to incorporated municipalities, approved March 6, 1962 (Ga. L. 1962, p. 641); to repeal conflicting

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laws; and for other purposes., approved October 8, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 33), as amended, particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 441), is hereby repealed in its entirety. No Act previously repealed shall be restored hereby. Prior Acts repealed. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. UNDERGROUND GAS STORAGE ACT. Code Chapter 93-8 Enacted. No. 408 (House Bill No. 274). An Act to declare that the underground storage of natural or manufactured gas intended for ultimate public use is in the public interest; to grant the right of eminent domain for the acquisition of property suitable for the construction of underground reservoirs for the storage of such gas, as well as such other property or interests in property as may be required to adequately explore for, examine, prepare, maintain, utilize, and operate such underground reservoirs, to any person, firm, corporation, organization or other entity engaged in or desiring to engage in the transportation, distribution or underground storage of such gas within this State; to prescribe the condemnation procedure governing the acquisition of such underground reservoirs; to ratify, confirm and continue the power of eminent domain granted and conferred upon persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas, and upon persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting or power purposes in this State, and the manner of exercising such power of eminent domain; to provide for applications to the Georgia Public Service

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Commission for prior approval of the utilization or operation of proposed underground reservoirs for the storage of such gas; to provide for notice of such applications; to provide for investigations by the Director of the State Department of Mines, Mining and Geology, the State Water Quality Control Board, and the Georgia Public Service Commission concerning such applications; to provide for hearings on such applications before the Georgia Public Service Commission; to prescribe the findings which must be made by such Commission in approving proposed underground gas storage projects; to provide for judicial review of orders issued by the Georgia Public Service Commission under the provisions of this Act; to provide that the Director of the State Department of Mines, Mining and Geology shall adopt rules and regulations for the protection of the health, welfare and safety of the public governing the construction, installation, condition, utilization and operation of underground reservoirs for the storage of gas and the facilities used in connection therewith; to provide for safety inspections by such Director concerning the construction, maintenance, condition, utilization and operation of underground gas storage projects; to provide for civil actions to enforce such rules and regulations and to compel the correction of unsafe conditions created by such projects; to authorize the Georgia Public Service Commission to adopt rules, regulations and orders for the enforcement of the provisions of this Act and to enforce same by the institution of appropriate legal actions; to declare that the injector is the owner of the gas injected into the underground reservoirs; to provide that certain persons shall have the right to drill through such underground reservoirs; to provide for reversion of property condemned under the provisions of this Act when abandoned by the condemnor; to declare the legislative intent regarding the invalidation of a part of this Act; 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 Underground Gas Storage Act, and shall be Chapter 93-8

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of the Code of Georgia and shall be inserted immediately preceding Chapter 93-99 of the Code of Georgia. Chapter 93-8. Underground Gas Storage . Section 93-801. Short title .This Act shall be known, and may be cited, as the Underground Gas Storage Act. Section 93-802. Definitions .The following words, when used in this Chapter, shall have the following meanings, unless otherwise clearly apparent from the context: (a) The word Commission shall mean the Georgia Public Service Commission; (b) The word gas shall mean natural gas or manufactured gas or a combination of both; (c) The words gas utility shall mean any person, firm, corporation, organization or other entity holding a certificate of public convenience and necessity issued by the Commission authorizing the transportation, distribution or sale of gas; and (d) The words underground reservoir shall mean any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of gas therein and the withdrawal of gas therefrom. Section 93-803. Public interest .The underground storage of gas, which permits the building of reserves for the orderly withdrawal in periods of peak demand, will promote the economic development of the State of Georgia and provide for more economic distribution of gas to the domestic, commercial and industrial consumers of this State, thereby serving the public interest. Therefore, the underground storage of gas by a gas utility is hereby recognized and declared to be affected with a public interest and all of the property used in such underground storage is hereby recognized and declared to be devoted to public use.

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Section 93-804. Right of eminent domain granted to gas utility; scope; condemnation procedure; confirmation of other rights of eminent domain .(A) Any gas utility shall have the right of eminent domain to be exercised in the manner provided in Chapters 36-2 to 36-6, inclusive, of the Code of Georgia of 1933, as amended or as the same may be hereafter amended, to acquire for its use any underground reservoir for the storage of gas, as well as such other property or interests in property as may be required to adequately explore for, examine, prepare, maintain, utilize, and operate such underground reservoir for the storage of gas, including easements and rights-of-way for access to and egress from such underground storage reservoir. Without limiting the generality of the foregoing, a gas utility may condemn the following rights in property for use in connection with the underground storage of gas, to wit: the right to conduct such operations, including the drilling of test holes or wells, as may be necessary or convenient to determine the suitability of a geological stratum or strata, formation or formations for the underground storage of gas; the right to lay, operate and maintain pipes and pipe lines necessary or convenient for the transportation of gas to and from the underground reservoir; the right to prepare, establish, maintain, utilize and operate the underground reservoir for the storage of gas and the injection of gas into such underground reservoir and the withdrawal of gas therefrom; and the right to install, operate and maintain any stations, wells, fixtures, machinery and other facilities necessary or convenient in connection with any of the foregoing operations. The right of eminent domain granted hereby shall apply to property or property interests held in private ownership or by the State of Georgia or by any political subdivision, municipal corporation or other public or quasi-public body. Any property or interest therein so acquired by any gas utility shall be used exclusively for the purposes for which it was acquired. (b) The right of eminent domain granted by this Chapter is cumulative of any other right of eminent domain now possessed by any gas utility or public utility to condemn property for use in its operations. The power of eminent

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domain which was granted and conferred upon persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas, and upon persons who are or may be engaged in furnishing natural or artificial gas for heating, lighting or power purposes in the State of Georgia, by an Act approved August 24, 1929 (Ga. L., 1929, pp. 219-220), and the manner of exercising such power of eminent domain as provided in Chapters 36-2 to 36-6, inclusive, of the Code of Georgia of 1933, as amended, is hereby ratified, confirmed and continued. Section 93-805. Application to Commission; notice; examination fee .(a) Any gas utility desiring to utilize or operate an underground reservoir shall first make application to the Commission for an order approving the proposed project. The application shall include: (i) a legal description of the roads, grounds, waters, buildings and other improvements of any kind under which such underground reservoir is proposed, together with a map thereof; (ii) a map showing the location of existing and proposed stations, wells, fixtures, machinery and other facilities necessary for the construction, maintenance and operation of such underground reservoir; (iii) a map prepared by a qualified engineer or geologist showing the location, extent and depth of the proposed underground reservoir and of all wells drilled or proposed to be drilled to such reservoir; and (iv) such other information as will provide a clear and concise presentation of the matters relevant to the application. (b) Upon the filing of such application, the Commission shall fix a date for a hearing thereon, and the applicant shall thereupon cause notice of such hearing and a copy of the application to be served upon the Director of the State Department of Mines, Mining and Geology accompanied with an examination fee in the amount of two hundred dollars, and upon the Executive Secretary of the State Water Quality Control Board. The applicant shall also cause notice of such hearing to be given by publishing notice thereof at least once each week for three successive weeks in some newspaper of general circulation in the county

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or counties wherein the gas is proposed to be stored, the first such publication to be made at least twenty-one days prior to the date of the hearing. Section 93-806. Investigations by Director of State Department of Mines, Mining and Geology, State Water Quality Control Board and Commission .(a) Upon receiving the notice of hearing, the copy of the application and the fee prescribed in section 93-805, the Director of the State Department of Mines, Mining and Geology shall immediately initiate an investigation of the site of the proposed storage project for the purpose of determining the facts involved in the findings which the Commission is required to consider in preparing an order under the provisions of section 93-807, and such other matters as the Director or the Commission may deem relevant in evaluating the feasibility and safety features of the proposed underground storage project. The gas utility shall make available to the Director for his consideration and evaluation all geological and reservoir engineering studies and other information in the utility's possession concerning the proposed underground storage project. The Director shall complete his investigation and shall file a written report of same with the Commission prior to the date of the hearing. The Director and members of his staff having knowledge of the investigation may be called as witnesses at the hearing. (b) Upon receiving the notice of hearing and the copy of the application prescribed in section 93-805, the State Water Quality Control Board shall immediately initiate an investigation of the site of the proposed storage project for the purpose of determining whether such project will injure, pollute or contaminate any usable fresh water resources. The Board shall complete its investigation and shall file a written report of same with the Commission prior to the date of the hearing. The members of the Board and its agents having knowledge of the investigation may be called as witnesses at the hearing. (c) At any time after the filing of an application under section 93-805 but prior to the time of entering an order

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approving or disapproving same, the Commission may conduct an investigation of the site of the proposed underground storage project for the purpose of determining any matters relevant to the consideration of such application, or may cause such investigation to be made by an independent qualified engineer or geologist or both selected by the Commission and paid by the gas utility. Section 93-807. Hearing on application; order; findings .At the hearing on such application, the Commission shall receive and hear and make a record of such relevant evidence on the issues as may be offered by any person directly interested, and shall enter an order either approving or disapproving the proposed underground storage project. Any order approving a proposed underground storage project shall contain and be based on findings that: (a) the proposed underground storage of gas is in the public interest and welfare; (b) the underground reservoir is reasonably practicable and suitable for the underground storage of gas, and the applicant has complied with all applicable conservation laws of the State of Georgia; (c) the underground reservoir is nonproductive of economically recoverable valuable minerals or materials, or of oil or gas in commercial quantities under either primary or secondary recovery methods, and nonproductive of fresh water in commercial quantities with feasible and reasonable pumping lift; (d) the underground storage project will not injure, pollute or contaminate any usable fresh water resources; (e) the underground storage project will not injure, interfere with or endanger any mineral resources or the development or extraction thereof; and (f) the gas utility carries public liability insurance or has deposited collateral in amounts satisfactory to the Commission or has furnished a financial statement showing assets in a satisfactory amount, to secure payment of any liability resulting from any reasonably anticipated occurrence which may arise out of or be caused by the operation or use of any underground reservoir or facilities incidental thereto. The issuance of an order of approval by the Commission shall be a condition precedent to the utilization or operation of an underground gas storage project. The Commission may attach to the order such

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terms, conditions and restrictions as it deems appropriate in the public interest. Section 93-808. Judicial review of Commission order .Any party appearing at the hearing and directly affected by an order of the Commission approving or disapproving a proposed underground storage project considered at such hearing shall have the right to commence a civil action to test the lawfulness and reasonableness of such order by filing a complaint against the Commission in any court of competent jurisdiction for review of such order. Such action shall be brought within twenty days after the entry of the order by the Commission and in the event no such action is filed within such time, the order of the Commission shall be final and conclusive. In such action the burden of proof shall be upon the party complaining of such order and and such order shall be deemed prima facie valid. Any person directly interested in the subject matter may, in the discretion of the court, be permitted to intervene in such action. Any party to such action may offer in evidence all or any part of the record of the hearing before the Commission, and any other relevant evidence. The practice, pleading and proceedings in such action shall be equitable in nature. The court shall have jurisdiction to enter a decree affirming or setting aside such order, or remanding the cause to the Commission with directions to modify such order so that it shall conform to the provisions of this Chapter. Such action shall have precedence over other matters before the Court. Appeals may be taken by any party to such action in the same manner and to same extent as in other civil actions. Section 93-809. Safety rules and regulations; inspections; actions to enforce safety rules and to correct dangerous conditions .(a) Within one hundred and twenty days after the effective date of this Chapter, the Director of the State Department of Mines, Mining and Geology shall adopt rules and regulations prescribing minimum standards reasonably necessary for the protection of the health, welfare and safety of the public, which shall govern the construction, installation, condition, utilization and operation of

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underground reservoirs and the stations, wells, fixtures, machinery and other facilities used in connection therewith. The Director or any interested party may commence a civil action for the enforcement of such rules and regulations against any offending gas utility or other party by filing a complaint in the superior court of any county where all or any part of a violation of such rules and regulations occurs. (b) The Director of the State Department of Mines, Mining and Geology shall from time to time inspect and examine the construction, maintenance, condition, utilization and operation of all underground reservoirs and the stations, wells, fixtures, machinery and other facilities used in connection therewith. One such inspection and examination shall be made each calendar year (at a time selected by the Director) by an independent qualified engineer employed by the gas utility and approved by the Director. A written report of such inspection and examination shall be filed with the Director and the Commission within thirty days after the time selected for the inspection and examination. Whenever the Director shall determine that any such underground reservoir, or facilities used in connection therewith, are unsafe and dangerous, he shall immediately issue a written order to the gas utility responsible therefor directing it to correct such unsafe and dangerous condition within the time specified in the order. If the gas utility fails to comply with such order within the time prescribed, the Director may commence an action in the superior court of the county where all or any part of such unsafe or dangerous condition exists to compel the correction of same. If the court finds that such order is reasonable and just, it shall enter an appropriate decree compelling obedience to and compliance with such order and may grant such other relief as may be just and proper. Section 93-810. Commission rules; actions for enforcement .The Commission is authorized to adopt such rules, regulations and orders as it deems necessary in the enforcement or administration of the provisions of this Chapter. The Commission is further authorized to enforce the provisions

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of this Chapter, and the rules, regulations and orders adopted thereunder, by instituting actions for injunction, mandamus or other appropriate relief. Section 93-811. Ownership of gas; right to drill through underground reservoir .All gas which has previously been reduced to possession and which is subsequently injected into an underground storage reservoir shall at all times be deemed the property of the injector, its heirs, successors or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land under which such underground reservoir lies or of the owner of any mineral interest therein or of any person other than such injector, its heirs, successors or assigns, to release, produce, take, reduce to possession, or otherwise interfere with or exercise any control thereof; provided, however, that the right of condemnation hereby granted shall be without prejudice to the rights of the owner of the condemned lands or of other rights and interests therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of gas in a manner which complies with the order of the Commission and the rules and regulations of the Director of the State Department of Mines, Mining and Geology issued for the purpose of protecting underground storage and shall be without prejudice to the rights of the owner of such lands or other rights or interests therein as to all other uses thereof. Section 93-812. Abandonment by condemnor of underground reservoir; reversion of property to landowner . When the condemnor shall have permanently abandoned the entire underground reservoir for the storage of gas, all property, interests in property and rights condemned under the provisions of Section 93-804(a) shall revert to the then owners of the land, mineral, royalty and other interests relating to same in proportion to their several ownerships. Good faith exploration or development work relative to a proposed or approved underground gas storage project shall be conclusive evidence that such project has not been abandoned. No gas utility shall abandon an underground

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reservoir for the storage of gas without first receiving an order of the Commission approving such abandonment. Section 93-813. Preservation of authority of State Water Quality Control Board and State Department of Public Health to prevent or abate water polution . No provision of this act shall in any way be construed to impair or interfere with the authority of the State Water Quality Control Board or the State Department of Public Health to prevent or abate injury, pollution or contamination of any usable fresh water resources. Section 2. If any part or parts of this Act or the application thereof to any person or circumstances be held to be unconstitutional, such invalidity shall not affect the validity of the remaining portions of this Act, or the application thereof to other persons or circumstances. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. BUILDING AND LOAN ACT AMENDEDLOCAL ASSOCIATION DEFINED. No. 411 (House Bill No. 433). An Act to amend an Act known as the Building and Loan Act which was approved December 24, 1937 (Ga. L. 1937-38, p. 307, et. seq.) (also known as Georgia Code Annotated Sec. 16-403) by providing that a State chartered Association shall be local if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100-miles from such Association's Home Office; provided that any such Association may purchase real estate loans or interests in such loans made by other Associations qualified under the Building and Loan statutes of their respective States or from any Federal Savings Loan

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Association, without regard to such 100-mile limitation and to the extent authorized by the Regulations of the Secretary of State in his capacity as Building and Loan Commissioner, provided that such Regulations shall not permit the purchase of such loans or interests therein of any type or in any amounts not permitted to be purchased by Federal Savings and Loan Associations with principal offices in this State; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 2 of the Building and Loan Act approved December 24, 1937 (Ga. L. 1937-38, page 307, et. seq.) (the first sentence of the second paragraph of which is also known as section 16-403 of the Code of Georgia Annotated) is hereby amended by the deletion of the first sentence of the second paragraph of section 2 of said Building and Loan Act and by the insertion in lieu thereof of the following: A State-chartered Association is local within the meaning of this Act if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100 miles from such Association's home office. Any such Association may purchase real estate loans or interests in real estate loans which are made and owned by other Associations qualified under the Building and Loan statutes of their respective States or from any Federal Savings and Loan Association, without regard to such 100-mile limitation, to the extent authorized by the Regulations of the Secretary of State in his capacity as Building and Loan Commissioner, provided that such Regulations shall not permit the purchase of loans, or interests in loans, of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by Federal Savings and Loan Associations with principal offices in this State. so that when so amended said section 2 shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that a building and loan association, or a savings and

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loan association, hereinafter in this Act referred to as a state chartered association shall be defined as a local mutual institution chartered under the laws of the State of Georgia, without capital stock, which does not receive deposits, but which derives the greater portion of its capital from the sale of its shares and which lends the greater portion of its invested funds on the security of first liens on homes and on the security of first liens on its own shares. A State-chartered Association is local within the meaning of this Act if the greater portion of its investment in real estate loans is limited to loans on the security of a first lien on real estate located not more than 100-miles from such Association's home office. Any such Association may purchase real estate loans or interests in real estate loans which are made and owned by other Associations qualified under the Building and Loan statutes of their respective States or from any Federal Savings and Loan Association, without regard to such 100-mile limitation, to the extent authorized by the Regulations of the Secretary of State in his capacity as Building and Loan Commissioner, provided that such Regulations shall not permit the purchase of loans, or interests in loans, of any type or in any amounts (per individual loan or in the aggregate) which are not permitted by law to be purchased by Federal Savings and Loan Associations with principal offices in this State. A State-chartered association is mutual if all holders of any shares in such Associations, such holders being hereinafter referred to as members, participate in the income to such association and if all borrowers are privileged to vote at least one vote at any meeting of members, it being unnecessary that any borrower should subscribe to or purchase any shares or should be entitled to participate in any way in the income to such association. All State-chartered associations operating pursuant to the definitions as set forth in this section and all Federal Savings and Loan Associations are hereby declared to be local and mutual building and loan associations organized as a civic undertaking, not for financial gain within the meaning of the existing statutes of this State and the decisions of the Appellate Courts of this State, and, as

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such, said associations and their officers are entitled to all the privileges and immunities of such association. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. LIABILITY OF OWNERS OF RECREATIONAL AREAS. No. 412 (Senate Bill No. 108). An Act to encourage landowners to make land and water areas available to the public by limiting the liability in connection therewith; to define certain terms; to prescribe the duty of care owed by landowners to those using the land for recreational purposes; to prescribe the duty of care owed by landowners to invitees and permitees; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The purpose of this Act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. Purpose. Section 2. As used in this Act: (a) Land means land, roads, water, water-courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. Definitions. (b) Owner means the possessor of a fee interest, a tenant, lessee, occupant or persons in control of the premises. (c) Recreational purpose includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking,

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pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites. (d) Charge means the admission price or fee asked in return for invitation or permission to enter or go upon the land. Section 3. Except as specifically recognized by or provided in section 6 of this Act, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. Legal duty. Section 4. Except as specifically recognized by or provided in section 6 of this Act, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose. (b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed. (c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons. Section 5. Unless otherwise agreed in writing, the provisions of sections 3 and 4 of this Act shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes. Section 6. Nothing in this Act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. Liability.

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(b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. Section 7. Nothing in this Act shall be construed to: (a) Create a duty of care or ground of liability for injury to persons or property. Intent. (b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this Act to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. STATE BOARD OF PARDONS AND PAROLES ACT AMENDED. No. 413 (Senate Bill No. 76). An Act to amend an Act creating the State Board of Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 351), and an Act approved March 18, 1964 (Ga. L. 1964, p. 497), so as to provide for the arrest and bail under certain circumstances of a conditional releasee who violates the terms of his conditional release; to provide for a hearing under certain conditions after the arrest of a conditional releasee; to provide for the revocation of a conditional release without a hearing under certain conditions; to provide for the

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temporary revocation of a parole or a conditional release; to authorize the State Board of Pardons and Paroles to adopt rules and regulations, policies and procedures for the granting of statutory good time and extra good time to a parolee in the same manner as if such parolee were serving the sentence in custody; to authorize the Board to withhold or revoke, in whole or in part, any such statutory and extra good time allowances; 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 Pardons and Paroles, approved February 5, 1943 (Ga. L. 1943, p. 185), as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 351), and an Act approved March 18, 1964 (Ga. L. 1964, p. 497), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. If any member of the Board shall have reasonable ground to believe that any parolee or conditional releasee has lapsed into criminal ways, or has violated the terms and conditions of his parole or conditional release in a material respect, such member may issue a warrant for the arrest of such parolee or conditional releasee. Said warrant, if issued by a member of the Board, shall be returned before him and shall command that the parolee or conditional releasee be brought before him, at which time he shall examine such parolee or conditional releasee and admit him to bail conditioned for his appearance before the Board, or if he is not admitted to bail, commit him to jail pending a hearing before the Board, as herein provided. All officers authorized to serve criminal process and all peace officers of this State shall be authorized to execute said warrant. Any parole or probation supervisor, when he has reasonable ground to believe that a parolee or conditional releasee has violated the terms or conditions of his parole or conditional release in a material respect, shall notify the Board or some member thereof, and proceedings shall thereupon be had as provided herein. Warrants, etc.

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Section 2. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17 to read as follows: Section 17. As soon as practicable after the arrest of a person charged with the violation of the terms and conditions of his parole or conditional release, such parolee or conditional releasee shall appear before the Board in person and a hearing shall be had at which the State of Georgia and parolee or conditional releasee may introduce such evidence as they may deem necessary and pertinent to the charge of parole violation or conditional release violation. Within a reasonable time thereafter the Board shall make findings upon such charge of parole violation or conditional release violation and shall enter an order thereon rescinding said parole or conditional release and returning such person to serve the sentence theretofore imposed upon him, with benefit of computing the time so served on parole or conditional release as a part of such person's sentence, or reinstating such parole or conditional release, or shall enter such other order as it may deem proper: Provided, however, when a parolee or conditional releasee has been convicted of any crime, whether a felony or a midemeanor, or has entered a plea of guilty thereto, in a court of record, his parole or conditional release may be revoked without a hearing before the State Board of Pardons and Paroles. 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 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

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without any loss of time and the order of temporary revocation of parole or conditional release and the warrant shall be withdrawn. Hearings, etc. Section 3. Said Act is further amended by striking section 18 in its entirety and inserting in lieu thereof a new section 18 to read as follows: Section 18. No person who has been placed on parole shall be discharged therefrom by the Board prior to the expiration of the term for which he was sentenced, or until he shall have been duly pardoned or otherwise released as hereinafter provided or as provided by law. The Board may adopt rules and regulations, policies and procedures for the granting of statutory good time and extra good time to persons while serving their sentences on parole to the same extent and in the same amount as if such person were serving the sentence in custody. The Board shall also be authorized to withhold or to revoke in whole or in part any such statutory and extra good time allowances. The Board may relieve a person on parole from making further reports and may permit such person to leave the State or county if satisfied that this is for the parolee's best interest and for the best interest of society. When a parolee has, in the opinion of the Board, so conducted himself as to deserve a pardon or a commutation of sentence or the remission in whole or in part of any fine, forfeiture or penalty, the Board may grant such relief in cases within its power. Discharge from parole. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. SOLICITORSGENERAL RETIREMENT FUND OF GEORGIA ACT AMENDED. No. 414 (Senate Bill No. 110). 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.

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1949, p. 780), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 163), and an Act approved March 10, 1964 (Ga. L. 1964, p. 366), so as to change the provisions relating to credit for service in the armed forces of the United States; to provide for interest on contributions; to specify the time within which contributions and interest shall be paid into the 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), and an Act approved March 10, 1964 (Ga. L. 1964, p. 366), is hereby amended by striking the last paragraph of section 9 in its entirety and inserting in lieu thereof a new last paragraph to 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 hereinabove for each year or fraction of year of such service in the armed forces together with an amount of money equivalent to six percent (6%) simple interest on said sum of money for each year from the beginning of his service as a solicitor-general until the date of paying the contributions into the fund, whereupon the solicitor-general shall receive a credit of one year 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 six months after the approval of this Act or within six months from the beginning of his service as a solicitor-general, whichever is later. Credit for service in armed forces. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965.

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INSURANCEDIVIDENDS OF DOMESTIC STOCK INSURERS. Code 56-1523 Amended. No. 415 (Senate Bill No. 125). An Act to amend Code section 56-1523, relating to the payment of dividends to stockholders, so as to provide for the manner in which dividends shall be paid to stockholders of domestic stock insurers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1523, relating to the payment of dividends to stockholders, is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section to read as follows: 56-1523 . A domestic stock insurer may pay dividends to its stockholders only out of realized profits as defined or upon special approval of the Commissioner upon the terms and conditions hereafter set out. For the purpose of this section realized profits shall mean undistributed, accumulated, net earnings since organization. In the event prior losses have either impaired capital or reduced expendable surplus the Commissioner may by written special approval consent to the payment of dividends from net undistributed, accumulated profits realized after some later date fixed by him, provided he shall find that on the date fixed capital was unimpaired, the insurer had expendable surplus at least as large as would then be required of it for issuance of an original certificate of authority and neither policyholders nor creditors would be injured by this special consent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965.

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HOSPITAL ADVISORY COUNCIL MEMBERSHIP. Code 88-2203, 88-2204 Amended. No. 416 (Senate Bill No. 34). An Act to amend an Act approved March 18, 1964 (Ga. L. 1964, p. 499, at pp. 622, 623) dealing with appointment of members to the Hospital Advisory Council, so as to provide for the selection of membership of said Hospital Advisory Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 88-2203 of an Act approved March 18, 1964 (Ga. L. 1964, p. 499, at pp. 622, 623) providing for the appointment of members of the Hospital Advisory Council is hereby amended by striking said section 88-2203 of said Act in its entirety and substituting in lieu thereof a new section 88-2203 which when so inserted shall read as follows: Section 88-2203. Appointment of Members . The membership of said Advisory Council shall consist of nineteen (19) members to be appointed by the Governor. Eleven (11) of such members shall be consumers of hospital services, one to be appointed from each Congressional District in the State and one (1) from the State at Large. One (1) member shall be a physician, licensed under the Georgia Medical Practice Act (Ga. Code Ch. 84-9) who shall be appointed from a list of three (3) names submitted by the Medical Association of Georgia, except that in the event the Governor does not desire to appoint a member from the names submitted, the Medical Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a dentist who shall be appointed from a list of three (3) names submitted by the Georgia Dental Association, except that in the event the

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Governor does not desire to appoint a member from the names submitted, the Georgia Dental Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a pharmacist who shall be appointed from a list of three (3) names submitted by the Georgia Pharmaceutical Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Pharmaceutical Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a hospital administrator who shall be appointed from a list of three (3) names submitted by the Georgia Hospital Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Hospital Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a nursing home administrator who shall be appointed from a list of three (3) submitted by the Georgia Association of Nursing Homes, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia Association of Nursing Homes shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a county commissioner who shall be appointed from a list of three (3) names submitted by the Association of County Commissioners of Georgia, except that in the event the Governor does not desire to appoint a member from the names submitted, the Association of County Commissioners of Georgia shall submit three (3) new names, and the Governor must appoint one (1)

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from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a representative of the Georgia Municipal Association who shall be appointed from a list of three (3) 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 (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. One (1) member shall be a member of the Georgia State Nurses Association who shall be appointed from a list of three (3) names submitted by the Georgia State Nurses Association, except that in the event the Governor does not desire to appoint a member from the names submitted, the Georgia State Nurses Association shall submit three (3) new names, and the Governor must appoint one (1) from such list of three (3) names or one (1) from the previous list of three (3) names. 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 successors are duly appointed and qualified. The members of the Hospital Advisory Council created herein shall be appointed by the Governor on or before June 1, 1965, and such members shall assume office on July 1, 1965. When such appointments are first made, four (4) of the members of said Advisory Council shall be appointed for terms of one (1) year each; five (5) for two (2) years each; five (5) for three (3) years each; and five (5) for (4) years each. The Governor shall designate which members shall be appointed for such terms. After the expiration of the first appointments, all appointments shall be made for terms of four (4) years. Vacancies in the membership of said Advisory Council shall be filled in the same manner as the original appointments.

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Section 2. Said Act approved March 18, 1964 (Ga. L. 1964, p. 499, at p. 623) is hereby further amended by striking in its entirety section 88-2204, relating to ex officio members of the Hospital Advisory Council, and substituting in lieu thereof a new section 88-2204 which when so inserted shall read as follows: Section 88-2204. Ex officio members . The ex officio members of the Hospital Advisory Council shall be the Director of the State Department of Family and Children Services, the Director of the Vocational Rehabilitation Division of the State Department of Education, and the Director of the State Department of Public 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1965. NORTH GEORGIA MOUNTAINS COMMISSIONMEMBERS. No. 421 (House Bill No. 322). An Act to amend an Act creating the North Georgia Mountains Commission (Act No. 305, Ga. L. 1963, p. 357), and Acts amendatory thereof, by providing that the Attorney General, The Director of the Department of Industry Trade, and the President of the Georgia Mountains Association shall not hereafter be ex-officio members; by providing that there shall be five (5) members of the

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commission appointed by the Governor; 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) is amended by repealing the first paragraph of section 4 of said Act and substituting in lieu thereof a new first paragraph to section 4 of said Act which shall read as follows: Section 4. The Commission shall consist of seven (7) members as follows: The State Auditor and the Chairman of the Georgia Mountains Planning Developing Commission, both ex-officio; three members to be appointed by the Governor, with due consideration for area wide representation, from the North Georgia Mountains area as a whole, and two members to be appointed by the Governor as representatives of the State at Large. Appointed members shall serve on the Commission for terms of six (6) years, and until their successors are appointed and assume office. Any member of the General Assembly who is otherwise qualified shall not be prohibited from serving on this Commission. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved April 1, 1965. CRIMESPORNOGRAPHIC LITERATURE. Code 26-6301.1, 26-6301.2 Enacted. No. 425 (House Bill No. 271). An Act to amend Code Chapter 26-63 relating to obscene pictures and written material, as amended, so as to provide that any person who shall knowingly sell or exhibit, or who shall knowingly lend or give or offer to lend or give away, or who shall knowingly have possession of,

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with intent to sell, exhibit, lend, or give away any obscene literature, to any person under the age of eighteen, shall be guilty of a felony, and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years; to provide for definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-63, relating to obscene pictures and written materials, as amended, is hereby amended by adding a new section to be known as section 26-6301.1 to read as follows: 26-6301.1 Every person who shall wilfully or knowingly sell, lend, give away, exhibit, advertise for sale, distribute, or make available or accessible in any way to any person under the age of eighteen years or has in his possession with intent to give, lend, exhibit, show, sell, distribute or make available or accessible in any way to any individual under the age of eighteen, any obscene literature, shall be guilty of a felony and upon conviction thereof, shall be punished by confinement in the penitentiary for not less than one year nor more than five years. As used herein, the word `knowingly' shall mean actual knowledge of the pornographic or obscene nature of the material, or the failure to exercise a reasonable inspection of the cover or contents of the pornographic or obscene material. For the purposes of this section, `obscene literature' and `literature' shall be the same as described in Georgia Code section 26-6301a (Acts 1958, p. 391). Section 2. Said Chapter is further amended by adding a new section to be known as section 26-6301.2 to read as follows: 26-6301.2 . No person shall be prosecuted for the violation of the provisions of this Act unless and until said literature shall have been previously declared obscene by a court of competent jurisdiction in accordance with the provisions

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of an Act entitled `State Literature Commission - Declaratory Judgments' (Ga. L. 1964, pp. 161, 162) and unless such person has received notice from the State Literature Commission by registered mail that the pornographic or other material is obscene as defined by the provisions of section 26-6301 as amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. HOSPITALIZATION OF MENTALLY ILL PERSONS, ETC. Code 88-522 Enacted. No. 431 (Senate Bill No. 136). An Act to amend Code Chapter 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons, so as to provide the method of legally declaring a person restored to mental health who has been released by the superintendent or chief officer of a psychiatric hospital as being restored to mental health; to provide the method of legally declaring a person restored to mental health who has been released from a psychiatric hospital by a superintendent or chief officer of such hospital under conditions other than that of having been restored to mental health; to provide for the readmission of a mentally ill person to a psychiatric hospital without the necessity of filing a new application for the involuntary hospitalization of such mentally ill person; to provide exceptions to the foregoing; 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 88-5, relating to the voluntary and involuntary hospitalization of alleged mentally ill persons,

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is hereby amended by adding immediately following section 88-521 a new section to be known as Code section 88-522 to read as follows: 88-522 . (a) In the event a person who has been involuntarily hospitalized in a psychiatric hospital pursuant to any provisions of this Chapter or any other provisions of law and a guardian was not appointed for such person, and such person is released from said psychiatric hospital under order of the superintendent or chief officer thereof as being restored to mental health, the superintendent or chief officer of said psychiatric hospital shall, within five (5) days from the date of such release, transmit a copy of such order to the ordinary of the county from which said person was involuntarily hospitalized. Thirty (30) days from the date of receipt of such order by the ordinary, such person shall be deemed to have been legally restored to mental health and it shall be the duty of the ordinary to issue an order to that effect and enter such order on the minutes of the court of ordinary together with a copy of the order of the superintendent or chief officer and such person shall not be required to pursue any further procedure or any other law in order to be legally restored to mental health. (b) In the event a person who has been involuntarily hospitalized in a psychiatric hospital pursuant to any provisions of this Chapter or any other provisions of law and a guardian was not appointed for such person, and such person is released under any conditions other than being restored to mental health, the superintendent or chief officer of said psychiatric hospital shall within five (5) days from the date of such release transmit a copy of such order to the ordinary of the county from which such person was involuntarily hospitalized. It shall be the duty of the ordinary to enter such order of the superintendent or chief officer on the minutes of the court of ordinary. (c) In the event any person who has been involuntarily hospitalized in a psychiatric hospital pursuant to any provisions of this Chapter or any other provisions of law and a

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guardian was not appointed for such person, and such person is released from said psychiatric hospital under order of the superintendent or chief officer thereof under any conditions other than being restored to mental health, and subsequent to said release, such person is restored to mental health, such person may personally or by attorney petition the ordinary of the county in which such person then resides or the ordinary of the county in which such person was involuntarily hospitalized setting forth the facts that he had been restored to mental health and such other pertinent facts that may be deemed necessary and praying for an order and judgment of said court of ordinary declaring that such person has been legally restored to mental health. Such petition may be brought even though such person is still subject to an order of re-hospitalization. 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 and that such person has been restored to mental health. Thereafter, upon notice to the three (3) nearest adult relatives of such person residing within the State as defined in section 88-506 (b), a hearing shall be set on the issue of whether such person is restored to mental health and is no longer mentally ill in accordance with the procedure in section 88-506 and the court of ordinary shall after such hearing enter its order either denying or granting such petition and the prayers of such petition. The order of the court of ordinary pursuant to such petition and hearing shall be subject to appeal as provided in section 88-506 (J) and the cost of such proceedings shall be determined as provided in Section 88-520. In the event the proceedings authorized by this Subsection are instituted with the ordinary of any county other than the county from which such alleged mentally ill person was involuntarily hospitalized upon final conclusion of such proceeding, a certified copy of the application and all other court records relative to said proceedings shall be forwarded to the court of ordinary of the county from which such alleged mentally ill person was involuntarily hospitalized, and the judge of said court shall order the same filed as part of the records of said court.

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(d) A person who has been involuntarily hospitalized in a psychiatric hospital pursuant to any provisions of this Chapter or any other provisions of law and a guardian was not appointed for such person, and such person is released from said psychiatric hospital under order of the superintendent or chief officer thereof under any conditions other than being restored to mental health, such person shall be subject to readmission to said hospital without the necessity of a new application for involuntary hospitalization being filed at any time within fourteen (14) calendar months from the date of the order releasing such person, pursuant to the following provisions: (1) That such person is delivered to the superintendent or chief officer of the hospital from which he is released and the chief officer determines that the re-hospitalization of such person is necessary. The superintendent or chief officer of such hospital shall be authorized to re-hospitalize such patient without further order of the court, provided that such superintendent or chief officer of such psychiatric hospital shall within five (5) days forward a certificate to the court of ordinary of the county from which the mentally ill person was originally involuntarily hospitalized stating that such mentally ill person has been examined and that because of the mental illness of such person, re-hospitalization is immediately necessary. (2) The ordinary of the county from which such person was originally involuntarily hospitalized may order the alleged mentally ill person re-hospitalized if he deems it necessary for the protection of the alleged mentally ill person or others, upon information within his own knowledge or pursuant to evidence from other persons or pursuant to a certificate of a physician stating that because of the mental illness of such person, re-hospitalization is immediately necessary. (e) Notwithstanding the provisions of this Chapter and any other provisions of law, any person who has been involuntarily hospitalized in a psychiatric hospital pursuant to any provisions of this Chapter or any other provisions of law and a guardian was not appointed for such person,

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and such person is removed from such psychiatric hospital by any person against the advice of the superintendent or chief officer thereof, such person shall not be readmitted to said psychiatric hospital until a new application for involuntary hospitalization of such alleged mentally ill person has been filed, a hearing held thereon and an order of court issued involuntarily hospitalizing such person. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. BANKS AND BANKINGCAPITAL NOTES AND DEBENTURES. Code 13-2025.1 Enacted. No. 435 (Senate Bill No. 55). An Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, so as to authorize State banks and trust companies to issue capital notes and debentures; to exempt the aggregate amount of capital notes and debentures issued and sold by a bank or trust company from certain limitations; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 13-20, relating to the regulation of the business of banking, is hereby amended by adding a new section between sections 13-2025 and 13-2026 to be known as Code section 13-2025.1 to read as follows: 13-2025.1. (a) Bank or Trust Company May Issue Capital Notes and Debentures .With the approval of the Superintendent of Banks any State Bank or Trust Company may, at any time, by resolution of its Board of Directors, which

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resolution shall have been approved at a stockholder's meeting by two-thirds of the outstanding capital stock of the bank, issue and sell its capital notes or debentures in an amount not in excess of 50% of its capital and unimpaired surplus. The aggregate amount of such capital notes or debentures issued or sold by a bank or trust company shall be exempt from the limitation imposed under Code section 13-2025 as it relates to the restrictions of the bank's other indebtedness. (b) Such capital notes and debentures shall be subordinate to the claims of creditors and depositors and it shall be provided in any such capital notes or debentures that in the event of liquidation all depositors and other creditors of the bank shall be entitled to be paid in full with such interest as may be provided by law before any payment shall be made on account of principal of or interest on said capital notes or debentures and may provide that after payment in full of all sums owing to such depositors and creditors the holders of such capital notes shall be entitled to be paid from the remaining assets of the bank the unpaid principal amount of the capital notes or debentures plus accrued and unpaid interest thereon before any payment or other distribution, whether in cash, property or otherwise, shall be made on account of any capital stock of the bank. (c) The capital notes or debentures shall in no case be subject to any assessment. The holders of such capital notes or debentures shall not be liable for any debts, contracts, or engagements of such bank, nor for assessments to restore impairments in the capital of such bank, unless the holder is a stockholder in such bank. (d) No such capital notes or debentures issued or sold by a State Bank or Trust Company shall be considered as a portion of the capital and surplus, or capital structure of the issuing bank and shall not be considered as such in determining the bank's legal lending or investment limits, or for any other purposes, when based upon the capital and unimpaired surplus of the bank.

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(e) No such capital notes or debentures may be retired or paid by the bank or trust company if at the time of retirement or payment or immediately after there be an existing deficiency of the bank's capital stock, as determined by the Superintendent of Banks. (f) No such capital notes or debentures shall be issued or sold by a State Bank or Trust Company except for cash, and no State Bank or Trust Company which issues such capital notes or debentures shall acquire or hold any of its capital notes or debentures in its own assets or in fiduciary capacity. Any of its own notes or debentures acquired by a bank contrary to the provisions of this section of the statute, shall be forthwith disposed of by sale or charged to its undivided profits account. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. BANKS AND BANKINGINCREASED CAPITAL STOCK. Code 13-1009 Amended. No. 436 (Senate Bill No. 113). An Act to amend section 13-1009 of the Code of Georgia of 1933, which provides that increase in bank stock be first offered to the stockholders, by adding a further proviso to the said section to permit additional capital stock to be issued without first being offered to the stockholders if, with the prior approval of the superintendent of banks and the holders of two-thirds of the issued and outstanding stock of such bank, the additional stock is to be exchanged for assets of another bank or corporation; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Section 13-1009 of the Code of Georgia of 1933 relating to the offering of increased capital stock of any bank to its stockholders be amended by adding a further proviso to the code section, as follows: Provided further, however, that capital stock may be issued without first being offered to the stockholders of record or the public, if such stock, with the prior approval of the Superintendent of Banks and the holders of two-thirds of the issued and outstanding stock, is exchanged for substantially all of the properties of another bank or corporation (which properties may be received subject to liabilities of such other bank or corporation), but upon the issuance of such stock there shall be paid in, or transferred from the bank's surplus or undivided profits, additional capital equal to the par value of such stock, and nothing in this proviso shall permit the acquisition by banks of properties which are otherwise not permitted to be owned by banks, or the establishment of bank branches, offices, or facilities not otherwise permitted to be owned or operated by banks. so that Code section 13-1009, as amended, will be as follows: 13-1009. Increase offered to stockholders . When the capital stock of any bank shall be increased, the additional stock shall be offered to the stockholders of record at the time of such increase pro rata, and if any such stock shall not be subscribed for or taken by such original stockholders, the same shall then be offered to the public upon such terms as may be fixed by the board of directors subject to the approval of the Superintendent of Banks: Provided, that no stock shall ever be sold for less than par and that no subscription shall be payable in anything except cash: Provided, however, that the payment of such increase of capital stock may be made in the manner set forth in section 13-908, providing for the payment of original capital of such bank: Provided further, however, that capital stock may be issued without first being offered to the stockholders of record or the public, if such stock, with the prior approval of the Superintendent of Banks and the holders of two-thirds

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of the issued and outstanding stock, is exchanged for substantially all of the properties of another bank or corporation (which properties may be received subject to liabilities of such other bank or corporation), but upon the issuance of such stock there shall be paid in, or transferred from the bank's surplus or undivided profits, additional capital equal to the par value of such stock, and nothing in this proviso shall permit the acquisition by banks of properties which are otherwise not permitted to be owned by banks, or the establishment of bank branches, offices, or facilities not otherwise permitted to be owned or operated by banks. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. DAIRY INSPECTION ACT AMENDED. Code 42-512 Amended. No. 437 (Senate Bill No. 131). An Act to amend an Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, approved August 28, 1929 (Ga. L. 1929, p. 280; Ga. Code 42-512), as amended, so as to provide that section 11 of said Act shall not apply to any product manufactured in Georgia for sale outside Georgia in a state permitting use of the fats therein described if such product is in fact sold in such other state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act of the General Assembly known as the Milk and Cheese; Dairy Inspection Act, approved August 28, 1929 (Ga. L. 1929, p. 280; Ga. Code 42-512), as amended, is hereby amended by adding to section 11 at the end thereof the following sentence:

Page 499

Provided, however, that subsection (2) delineated above shall not apply to any product manufactured in Georgia for sale outside Georgia in a state permitting use of the fats therein described if such product is in fact sold in such other state., Exemption. so that when said sentence is so added, section 11 of said Act shall read as follows: Section 11. Ice-cream shall be deemed to be adulterated: (1) If it contains saccharin or any preservative, mineral, or other substance or compound deleterious to health; provided that this clause shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes. (2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with or compounded with it; provided, that chocolate ice-cream and the coating of coated ice-cream may contain cocoa butter. (3) If it is made in whole or in part from, or contains, any milk product which is unfit for food. It shall be deemed unlawful for any person, firm or corporation, his or its servant or agent, to manufacture, sell or offer or expose for sale or have in possession with intent to sell or offer or expose for sale under the name of `Ice-Cream' any substance not conforming to the provisions of the three preceding sections; or to sell ice-cream from a container or a compartment of a cabinet or fountain, which contains any article of food other than ice-cream or dairy products. Provided, however, that subsection (2) delineated above shall not apply to any product manufactured in Georgia for sale outside Georgia in a state permitting use of the fats therein described if such product is in fact sold in such other state. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965.

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HUSBAND AND WIFEPERSONS ABLE TO CONTRACT MARRIAGE. Code 53-102 Amended. No. 438 (Senate Bill No. 96). An Act to amend Code section 53-102, defining what persons shall be able to contract marriage, as amended, so as to remove the disability, impotency, that will render a person unable to contract marriage; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 53-102, defining what persons shall be able to contract marriage, as amended, is hereby amended by striking subsection 3 thereof which reads as follows: 3. Impotency.. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. GEORGIA HISTORICAL COMMISSIONCOMPENSATION OF SECRETARY. No. 439 (Senate Bill No. 159). An Act to amend an Act creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, pp. 789-794), as amended, so as to change the provisions relating to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Historical Commission, approved February 21, 1951 (Ga. L. 1951, pp. 789-794), as amended, is hereby amended by striking the first sentence of section 12 in its entirety (which relates to the compensation of the Secretary of the Board of Commissioners of the Georgia Historical Commission) and inserting in lieu thereof a new sentence to read as follows: The Secretary shall be compensated in an amount to be determined and fixed by the Secretary of State, not to exceed $10,000.00 per year.. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. BANKS AND BANKINGPAR VALUE OF CAPITAL STOCK. Code 13-901, 13-1001 Amended. No. 440 (Senate Bill No. 100). An Act to amend Code section 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, so as to provide that the par value of each share of capital stock of banks incorporated pursuant to Code Chapter 13-9 shall be not less than one ($1.00) dollar; to provide that trust powers may not be exercised until the subscription shall have been paid in; to amend Code section 13-1001, relating to amendments to bank charters, as amended, so as to provide that any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its charter amended so as to change the par value of shares of its capital stock to an amount not less than one ($1.00) dollar per share; to make grammatical changes therein: 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 13-901, relating to the incorporation of banks and applications for bank charters and the contents thereof, as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 13-901 to read as follows: 13-901. Application for charter; contents, etc . Any number of persons not less than five may form a corporation for the purpose of carrying on the business of banking, by filing in the Office of the Secretary of State an application in writing signed by each of them, in which they shall state: 1. The name by which such bank is to be known. 2. The particular city, town or village where its office is to be located. 3. The amount of its capital stock which shall not be less than $25,000 where located in a town or city whose population does not exceed 7,500 according to the last preceding census of the United States, and not less than $50,000 where located in a city or town whose population exceeds 7,500 according to said census: Provided, this Section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same. 4. The number of shares into which such capital stock shall be divided, provided the par value of each share of stock shall be not less than one ($1.00) dollar, provided that, if the par value of each share is other than one hundred ($100.00) dollars, then the par value of such shares shall be stated on the published reports of such bank. 5. The purposes and nature of the business proposed to be conducted, with any other matters which they may deem it desirable to state. 6. The number of directors of the bank, which shall not be less than three nor more than twenty-five.

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Said application shall be filed in triplicate, and a fee of fifty ($50.00) dollars shall be paid to the Secretary of State to be covered by him into the Treasury, on filing the application, and the Secretary of State shall not receive said application until said fee shall be paid. The person filing such application may also acquire all the rights, powers and privileges and immunities, and be subject to all of the liabilities and restrictions conferred and imposed upon trust companies by Code sections 109-101 to 109-105, 109-201, 109-301, and in addition to the usual banking powers, as conferred and described in this Title, providing such applicants shall allege that at least one hundred thousand ($100,000.00) dollars of capital stock has been subscribed except that such powers may not be exercised until the subscription shall have been paid in; provided also such applicants shall pay to the Secretary of State upon filing such application to be covered by him into the Treasury, a fee of twenty-five ($25.00) dollars in addition to the fee of fifty ($50.00) dolars above provided, in all cases where trust company powers are desired as above set forth. Section 2. Code section 13-1001, relating to amendments to bank charters, as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 13-1001 to read as follows: 13-1001. What amendments allowed Any bank, whether incorporated by special Act of the General Assembly or by the Secretary of State under the general law, may have its charter amended so as to change its corporate name, or the city, town, or village in which its office is located, or the amount of its capital stock, or the number of shares into which its capital stock is divided, so as to change the par value thereof to an amount not less than one ($1.00) dollar each; and where the capital stock of such bank subscribed and paid in shall be not less than one hundred thousand ($100,000.00) dollars, so as to acquire all the rights, powers, privileges and immunities and be subject to the liabilities and restrictions conferred and

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imposed upon trust companies by Code Sections 109-101 to 109-105, 109-201, 109-301, and any bank heretofore incorporated by special Act of the General Assembly may have its special charter amended so as to incorporate therein any provision of this Title or any amendment thereto. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. PUNISHMENT FOR LARCENY OF AUTOMOBILES, ETC. Code 26-2603 Amended. No. 442 (Senate Bill No. 9) An Act to amend Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, as amended, so as to change the punishment for larceny of any automobile, locomobile, motorcycle, motor vehicle, or other kind of vehicle propelled by electricity or gasoline; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 26-2601, relating to the several kinds of larceny or theft and the punishment therefor, as amended, is hereby amended by striking Code section 26-2603 in its entirety and inserting in lieu thereof a new Code section 26-2603, to read as follows: 26-2603 . The larceny of any automobile, locomobile, motorcycle, motor vehicle, or other like vehicle propelled by electricity or gasoline shall be a felony; and any person convicted therefor shall be punished by imprisonment in

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the penitentiary for not less than three (3) years nor more than seven (7) years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1965. COMMITTEE TO STUDY COSTS OF PUBLIC SCHOOLS. No. 68 (House Resolution No. 238-657). A Resolution. Creating an interim committee to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public schools of Georgia; and for other purposes. Whereas, it has been the purpose of the Minimum Foundation Program of Education laws of Georgia to provide formulas to achieve an equitable ratio between the costs incurred by the State government and the costs incurred by local governments in operating the public school systems of Georgia; and Whereas, determining what constitutes an equitable ratio involves many complicated considerations, and differences of opinion still exist in this important field; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an interim committee to study all matters concerning the relationship between the costs incurred by the State government and the costs incurred by local governments in operating the public school systems of Georgia. To carry out the provisions of this Resolution, said committee shall be authorized to study and analyze all matters that have a

Page 506

bearing on the subject, either directly or indirectly, including but not limited to: determining a fair and realistic method of measuring the financial ability of local governments; an analysis of the tax structure of local governments, including the basis of taxation used by such governments and the powers of taxation of such governments and other matters relating thereto. Said committee shall be authorized to employ such personnel as deemed necessary to make studies and analyses in order to carry out the purposes of this Resolution. Be it further resolved that the membership of said committee shall be as follows: The State Budget Officer; the State Auditor; a representative from the State Department of Education to be appointed by the State Superintendent of Schools; five (5) members of the House of Representatives to be appointed by the Speaker of the House; five (5) members of the Senate to be appointed by the Lieutenant Governor; and the Governor shall be authorized to appoint one member to the committee from the membership of the Georgia Municipal Association, one member to the committee from the membership of the Georgia Association of County Commissioners and one member to the committee from the membership of the Georgia School Boards Association. The members of the committee shall meet within thirty (30) days after they have been appointed for the purpose of organizing, electing such officers as deemed advisable, and adopting procedures for the operation of the committee. The State Budget Officer, the State Auditor and the representative from the State Department of Education shall receive no additional compensation for their services on the committee. The legislative members of the committee shall receive the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. The committee shall be authorized to meet for such number of days as shall be authorized by the Governor, not to exceed twenty (20) days. The funds necessary to carry out the purposes of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.

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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 15, 1965, on which date the committee shall stand abolised. Approved April 1, 1965. APPORTIONMENTREQUESTING CONSTITUTIONAL CONVENTION. No. 69 (Senate Resolution No. 14). A Resolution. Requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes. Be it resolved by the General Assembly of Georgia that this Body respectfully petitions the Congress of the United States to call a Convention for the purpose of proposing the following Article as an Amendment to the Constitution of the United States. Article Section 1. Nothing in this Constitution shall prohibit any state which shall have a bicameral legislature from apportioning the membership of one house of such legislature on factors other than population, provided that the plan of such apportionment shall have been submitted to and approved by a vote of the electorate of that state. Section 2. Nothing in this Constitution shall restrict or limit a state in its determination of how membership of governing bodies of its subordinate units shall be apportioned.

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Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the States by the Congress. Be it further resolved that if Congress shall have proposed an Amendment to the Constitution identical with that contained in this Resolution prior to June 1, 1965, this application for a Convention shall no longer be of any force or effect. Be it further resolved that a duly attested copy of this Resolution be immediately transmitted by the Clerk of the House to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States and to each member of the Congress from this State. Approved April 5, 1965. RESOURCES ADVISORY BOARD, SOUTHEAST RIVER BASINSOLD-AGE AND SURVIVORS INSURANCE FOR EMPLOYEES. No. 70 (Senate Resolution No. 71). A Resolution. To amend a Resolution relative to the Resources Advisory Board, Southeast River Basins, approved March 5, 1964 (Ga. L. 1964, p. 244), so as to authorize the Board to enter into agreements relative to providing old-age and survivors insurance coverage to the employees of said Board; to authorize the expenditure of funds; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia:

Page 509

Section 1. A Resolution relative to the Resources Advisory Board, Southeast River Basins, approved March 5, 1964 (Ga. L. 1964, p. 244), is hereby amended by adding at the end of the last paragraph the following: The Resources Advisory Board, Southeast River Basins, is hereby authorized to enter into whatever agreement or agreements are necessary for the purpose of extending old-age and survivors insurance coverage to the employees of said Board. Funds appropriated to or available to said Board may be expended for such purpose. The Board is hereby authorized to take whatever action or actions deemed necessary to provide the aforesaid coverage. Approved April 5, 1965. LAND CONVEYANCE TO JENKINS COUNTY. No. 73 (House Resolution No. 185-425). A Resolution. Authorizing the conveyance of certain State property located in Jenkins County; and for other purposes. Whereas, in the year 1939, the commissioners of roads and revenues of Jenkins County, deeded to the State of Georgia a tract of land for and in consideration of the sum of one dollar ($1.00) and other valuable consideration, said conveyance being recorded in Jenkins County in Book X, folio 355-357, on March 29, 1939; and Whereas, this tract of land was deeded to the State to be used as a State Park; and Whereas, a portion of this tract of land is no longer needed by the State of Georgia for use as a State Park facility; and

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Whereas, the board of roads and revenues of Jenkins County, Georgia, desires to acquire this portion of the tract of land for the construction of an airport to serve the citizens of Jenkins County; and Whereas, it is in the public interest that the State of Georgia convey to the board of roads and revenues of Jenkins County the said portion for the purposes stated; and Whereas, the State has agreed to convey the portion of the land to the board of roads and revenues of Jenkins 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 Whereas, said portion or parcel of land is more particularly described as follows: All that tract or parcel of land lying situate and being in the 1635th District G. M. of Jenkins County, Georgia, containing 87 acres, more or less, and being more particularly described as follows: Beginning at an iron pin which is located upon the eastern right-of-way of U. S. Highway 25, which pin is 4004.2[prime] north of the intersection of said U. S. Highway 25 and Spring Mill Branch, thence N 12 26[prime] W for a distance of 4379.3[prime] along the eastern boundary of said U. S. Highway 25 to an iron pin, thence N 11 12[prime] W for a distance of 268.7[prime] to an iron pin, thence S 82 43[prime] for a distance of 800[prime] to an iron pin, thence S 12 43[prime] E for a distance of 4551.6[prime] to an iron pin, thence N 89 55[prime] W for a distance of 800[prime] 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 Jenkins County for and

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in consideration of the sum of $10.00 and the moral obligation of the State. Approved April 5, 1965. LAND CONVEYANCE TO COOK COUNTY. No. 74 (House Resolution No. 201-485). A Resolution. Authorizing the conveyance of a certain tract of state-owned property to Cook County; and for other purposes. Whereas, Cook County deeded to the State of Georgia a certain tract of land upon which was to be erected a state park; and Whereas, by said conveyance there was deeded to the State of Georgia a larger tract than was actually needed for park purposes; and Whereas, that excess tract of land is more particularly described as follows: All that tract or parcel of land lying and being in Cook County, Georgia, in the ninth land district, and being a portion of land lot no. 307, containing one and fifteen hundreths acres (1.15), more or less, and more particularly described as follows: Beginning at the original northeast corner of said land lot no. 307; from said point of beginning run thence south 89 degrees west 1190.5 feet to the run of Little River; thence in a southerly direction along the run of Little River 24.7 feet to the northerly margin of the right-of-way of the Georgia and Florida Railroad right-of-way; thence in an easterly direction along said margin of said railroad right-of-way to the east original line of said lot of land no. 307; thence north along said original lot line 14.5 feet to point of beginning. Said tract is more particularly described by

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survey and plat thereof made February 26, 1962, by Hurley J. Griffin, registered surveyor.; and Whereas, said tract of land is of no use to the State of Georgia and is, therefore, surplus. 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 and directed to convey to Cook County the hereinabove described tract of land. The consideration for the conveyance shall be ten ($10.00) dollars and the moral obligation of the State of Georgia. Approved April, 5, 1965. LEASE OF LAND IN GLYNN COUNTY TO UNITED STATES. No. 75 (House Resolution No. 211-558). 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 County of Glynn 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 warranty deed, fee simple, on the 3rd day of February 1965, the County of Glynn conveyed to the State for and in consideration of the sum of $1.00 and other good and valuable considerations, certain real property located in Glynn 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

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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: All that certain tract, parcel or lot of land situate, lying and being on St. Simons Island in Glynn County, Georgia, comprising a portion of the tract well known as Malcolm-McKinnon Airport, and being more particularly located and described according to the plat of survey made by John H. Ringeling, Registered Engineer No. 751, on September 28, 1964, attached to and made a part of that certain release from the United States of America, dated January 8, 1965, to Glynn County, of record in the Office of the Clerk of Glynn Superior Court, to which reference is hereby expressly made, as follows, to-wit: To find the beginning point commence at the railroad spike marking the point of intersection of the center line of Demere Road and Frederica Road (formerly well known as Retreat Avenue), and running thence south 34 degrees 22 minutes West for a distance of 605.7 feet to a point marked by a railroad spike; thence turning and running south 75 degrees 21 minutes east for a distance of 740.83 feet to a point which shall be the beginning point of the within described parcel and is the northwesterlymost corner of said parcel; thence from said beginning point running south 80 degrees 32 minutes east for a distance of 420 feet to a corner; thence turning and running south 8 degrees 19 minutes west for a distance of 326.57 feet to a corner; thence turning and running north 81 degrees 38 minutes west for a distance of 237.0 feet to a point; thence running north 64 degrees 33 minutes west for a distance of 246.88 feet to a corner; thence turning and running north 19 degrees 45 minutes east for a distance of 267.41 feet to the point or place of beginning, containing 3.02 acres, more or less. 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

Page 514

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 of Georgia. Approved April 5, 1965. LAND CONVEYANCE TO GRADY COUNTY. No. 76 (House Resolution No. 215-576). A Resolution. Authorizing the conveyance of certain property to Grady County; and for other purposes. Whereas, Grady County deeded to the State of Georgia a certain tract of land in Grady County to be used for State Farmers Market purposes; and Whereas, it has been discovered that the entire tract is not needed for such purposes and the Department of Agriculture no longer has use for a certain portion of said property; and Whereas, such particular portion of the property is of no further use to the State of Georgia and is therefore surplus; and Whereas, said portion of the property is described as follows: All that tract or parcel of land lying and being in Cairo, Grady County, Georgia, described as follows:

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Beginning at a point on the north margin of Georgia State Route #38 (U. S. #84), said point being the southwest corner of the Cairo Drive-In Theatre property, and the southeast corner of the Georgia Department of Agriculture's State Farmers Market property, and running thence north 61 degrees west along the north margin of said Georgia State Route #38, for a distance of 196 feet; thence north 1 degree 45 minutes east for a distance of 200 feet; thence east to a point on the western boundary of the Cairo Drive-In Theatre property, said point being 295 feet north of the point of beginning; thence south 1 degree 30 minutes west along the western margin of the Cairo Drive-In Theatre property for a distance of 295 feet, to the point of beginning. Said property being bounded on the south by Georgia State Route #38, on the west by a ditch and a paved driveway to the State Farmers Market; on the north by other property of the grantor herein; and east by the Cairo Drive-In Theatre property. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized and directed to convey to Grady County the above described property for and in consideration of $10.00 and the benefits flowing to the State of Georgia from the previous conveyance by Grady County. Approved April 5, 1965. STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICESHEALTH INSURANCE PLAN FOR COUNTY EMPLOYEES. No. 444 (House Bill No. 34). An Act to authorize the State Personnel Board to provide a Health Insurance Plan for county employees of the State Department of Family and Children Services; to

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define certain terms; to provide for the contents of such Health Insurance Plan and persons eligible to participate in such plan; to provide for exclusions; to authorize the Board to execute contracts to provide benefits under such plan; to authorize the establishment of a self-insurance plan; to authorize the inclusion of retiring county employees of the State Department of Family and Children Services and dependents of such employees; to provide for coverage of dependents of county employees of the State Department of Family and Children Services; to provide for the payment of such benefits under such plan; to provide for a health insurance fund and contributions thereto; to provide for the financing of the Health Insurance Plan; to authorize the Board to adopt and promulgate the rules and regulations for the administration of such plan; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purposes of this Act, a county employee of the State Department of Family and Children Services is a person who works full time for a county or district Department of Family and Children Services and receives his compensation in a direct payment from a county or district Department of Family and Children Services. Section 2. The term employee as used in this Act means county employee of the State Department of Family and Children Services. Section 3. The term Board as used in this Act means the State Personnel Board. Section 4. The State Personnel Board is hereby authorized to establish a Health Insurance Plan for employees of the State Department of Family and Children Services, to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this Act, which may provide for group hospitalization, surgical and medical insurance against the financial costs of hospitalization,

Page 517

surgery, medical treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital in-patient and out-patient service benefits, and medical expense indemnity benefits, including major medical benefits. Section 5. Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan as to him; dental care and treatment, except dental surgery and appliances to the extent necessary for the correction of damage caused by accidental injury while covered by the plan, or as a direct result of disease covered by the plan; eye glasses, hearing aids and examinations for the prescription or fitting thereof; cosmetic surgery or treatment except to the extent necessary for correction of damage caused by accidental injury while covered by the plan or as a direct result of disease covered by the plan; services received in a hospital owned or operated by the United States Government for which no charge is made; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan, in which the State participates in the cost thereof, and such other expenses as may be excluded by regulations of the Board. Section 6. The Health Insurance Plan shall be designed by the State Personnel Board (1) to provide a reasonable relationship between the hospital, surgical and medical benefits to be included, and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents; and (2) to include reasonable controls, which may include deductible and reinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical and medical services to be provided and to provide reasonable assurance of stability in future years of the plan.

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Section 7. Said Board is hereby authorized to execute a contract or contracts to provide the benefits under the plan of health insurance benefits determined upon in accordance with the provisions of this Act. Such contract or contracts may be executed with one or more corporations licensed to transact accident and health insurance business in this State. All of the benefits to be provided under this Act may be included in one or more similar contracts, or the benefits may be classified into different types with each type included under one or more similar contracts issued by the same or different companies. A reasonable time before entering into any insurance contract hereunder said Board shall invite proposals from such qualified insurers as in the opinion of the Board would desire to accept any part of the insurance coverage authorized by this Act. Said Board may arrange with any corporation licensed to transact accident and health insurance business in this State issuing any such contract to reinsure portions of such contract with any other such corporation which elected to be a reinsurer and is legally competent to enter into a reinsurance agreement. The Board may designate one or more such corporations as the administering corporation or corporations. Each employee who is covered under any such contract or contracts shall receive a certificate setting forth the benefits to which the employee and his dependents are entitled thereunder, to whom such benefits shall be payable, to whom claims should be submitted, and summarizing the provisions of the contract principally affecting the employee and his dependents. Such certificate shall be in lieu of the certificate which the corporation or corporations issuing such contract or contracts would otherwise issue. The corporation eligible to participate as reinsurers, and the amount of coverage under the contract or contracts to be allocated to each issuing corporation or reinsurer, may be redetermined by the Board for and in advance of any contract year after the first year and with any modifications thereof it deems appropriate to carry out the intent of such subdivision, subject to such limitations as set forth in this Act. The Board may at the end of any contract year discontinue any contract or contracts it has executed with any corporation

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or corporations and replace it or them with a contract or contracts in any other corporation or corporations meeting the requirements of this section or may in its discretion establish a self-insured plan in whole or in part. Section 8. The contract or contracts shall provide for health insurance for retiring employees of the State Department of Family and Children Services and their spouses and dependent children as defined by the regulations of the Board, on such terms as the Board may deem appropriate. The Board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the plan. Section 9. Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the Board, included in the coverage upon agreeing to pay his contribution to the cost of such coverage for such dependents. The Board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents. Section 10. Any benefits payable under the plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based, or to the covered employee, upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the Board. Section 11. There is hereby created a health insurance fund which shall be available without fiscal year limitation for premium, subscription charge, benefits, and administration costs. The amounts withheld from employees and retired employees under this Act, all amounts contributed by the State or from Federal funds to such health insurance fund, pursuant to this Act shall be credited to such health insurance fund. All other income as well as the income derived from any dividends, premium rate adjustments or other refunds under any such contract or contracts shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription

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charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The Merit System Director shall be the Executive Officer of the State Personnel Board for the administration of this Act, and custodian of such health insurance fund, and shall be responsible under a properly approved bond for all monies coming into said fund, and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to the provisions of this Act, and to cover administrative costs. Section 12. During any period in which an employee is covered under this Act prior to the date of his retirement, there shall be withheld from each salary payment or other compensation of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this Act as may be established by the Board. The State Department of Family and Children Services shall contribute to this health insurance fund such portion of the costs of such benefits as may be established by the State Personnel Board and approved by the State Department of Family and Children Services in addition to an amount to be established by the Board to defray the cost of administration and the State's portion of the cost of benefits payable for annuitants. Section 13. 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 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.

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Section 14. On or before June 1st of each year, the State Merit System Director shall certify to the Director of the State Department of Family and Children Services having employees covered by this Act the amount of percentage adopted by the Board as employer payments for the ensuing fiscal year and the Director of the State Department of Family and Children Services shall, in his annual budget, make provisions for funds with which to pay the Board the required employer payments. Section 15. (a) This Act shall take effect July 1, 1965; on said date, or as soon thereafter as the Board shall determine herein defined as the employer commencement date, the State Merit System Director shall notify the State Department of Family and Children Services that the employer payments will commence on said date. The State Merit System Director shall also notify the State Department of Family and Children Services, which shall notify all employees, that employee payments will commence on a date which shall be not later than three calendar months following the employer commencement date. The date established by the Board with reference to the employee payments shall be herein defined as the employee commencement date. Upon establishment of the employer commencement date, the provisions of this Act with reference to such payments will go into effect. In determining the commencement dates, the Board shall be governed by the money made available by the State to carry this Act into effect. (b) All persons who become employees of the State Department of Family and Children Services 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 of the State Department of Family and Children Services in 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

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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. (c) Prior to April 1, 1965, the Director of the State Department of Family and Children Services shall forward to the governing authorities of the several counties of this State a copy of this Act, and prior to June 1, 1965, the governing authority of each county of the State shall notify the Director of the State Department of Family and Children Services in writing whether or not the county employees of the State Department of Family and Children Services in such county shall be included in the Health Insurance Plan established pursuant to the provisions of this Act. In the event the governing authority of any such county shall fail to notify the Director of the State Department of Family and Children Services in writing whether or not such county employees of the State Department of Family and Children Services in such county shall be included in the Health Insurance Plan established pursuant to the provisions of this Act, it shall be conclusively presumed that the governing authority of such county shall have elected not to include the county employees of the State Department of Family and Children Services of such county in the Health Insurance Plan established pursuant to the provisions of this Act. Section 16. The provisions of this Act shall not become effective until the funds necessary to carry out the provisions of this Act have been appropriated to the State Department of Family and Children Services by the General Assembly of Georgia. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965.

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BANKS AND BANKINGPURCHASES OF CAPITAL STOCK BY BANKS. Code 13-2023 Amended. No. 446 (House Bill No. 151). An Act to amend Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, so as to provide for the purchase of capital stock in bank service corporations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-2023, relating to purchase of stocks and investment securities by banks, as amended, is hereby amended by adding after subsection (f) a new subsection to be known as subsection (g) and to read as follows: (g) Provided further that any bank may, subject to prior approval by the Superintendent of Banks, purchase capital stock in a bank service corporation solely owned by one or more banks and created for the express purpose of performing necessary clearing, bookkeeping, statistical and related services through the cooperative use of automation equipment from a central processing point for one or more banks, which service the banks would otherwise be required to provide for on an individual bank basis. The total amount which any bank may invest in the stock of such bank service corporation shall not exceed 10% of the bank's capital and unimpaired surplus. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965.

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BANKS AND BANKINGCHANGES IN CAPITAL STOCK. Code 13-2006 Enacted. No. 447 (House Bill No. 153). An Act to amend Code Chapter 13-20, relating to the regulation of the business of banking, as amended, so as to provide that whenever any change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, commonly referred to as the Banking Law, which will result in the control or a change in the control of the bank, the president or other chief executive officer of such bank shall within 10 days after knowledge thereof report such facts to the Superintendent of Banks; to provide a definition of the term control; to provide the manner of determining if such report should be made; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 13-20, relating to the regulation of the business of banking, as amended, is hereby amended by adding thereto a new Code section 13-2006 to read as follows: 13-2006 . Whenever a change occurs in the outstanding capital stock of any bank incorporated pursuant to the provisions of Code Title 13, commonly referred to as the `Banking Law', which will result in the control or a change in the control of a bank, the president or other chief executive officer of such bank shall within 10 days after knowledge thereof report such facts to the Superintendent of Banks. As used in this section, the term `control' means the power to directly or indirectly direct or cause the direction of the management or policies of the bank. If there is any doubt as to whether a change in the outstanding capital stock is sufficient to result in control thereof or to effect a change in the control thereof, such doubt shall be resolved

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in favor of reporting the facts to the Superintendent of Banks. The failure of the president or other chief executive officer of such bank to promptly report the information required by this section shall subject such bank to the same penalty as is provided by Code section 13-505 for failure to make and transmit or to publish any report required by this Title. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. CLERKS OF SUPERIOR COURTSFEES. Code 24-2727 Amended. No. 448 (House Bill No. 169). An Act to amend Code section 24-2727, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 225), an Act approved February 1, 1946 (Ga. L. 1946, p. 726), an Act approved March 27, 1947 (Ga. L. 1947, p. 1177), an Act approved March 4, 1955 (Ga. L. 1955, p. 421), and an Act approved March 8, 1957 (Ga. L. 1957, p. 321), relating to the fees allowed clerks of the superior courts, so as to redefine the fees allowed with respect to preparing the record for transmission to the supreme court and court of appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2727, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 225), an Act approved February 1, 1946 (Ga. L. 1946, p. 726), an Act approved March 27, 1947 (Ga. L. 1947, p. 1177), an Act approved March 4, 1955 (Ga. L. 1955, p. 421), and an Act approved March 8, 1957 (Ga. L. 1957, p. 321), relating to

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the fees allowed clerks of the superior courts, is hereby amended by adding at the end of that sentence which reads: Recording and copying proceedings and bills of exception to the supreme court or court of appeals, per one hundred words.... $.25., the following: Provided, however, where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for the filing and transmission of such transcript, a fee of five dollars ($5.00). Section 2. Said Code section is further amended by adding immediately following the words transcribing record and evidence in State cases, per one hundred words...$.25, under the heading Criminal Cases, the following: Provided, however, where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for the filing and transmission of such transcript, a fee of five dollars ($5.00). Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. BRUNSWICK JUDICIAL CIRCUITCOMPENSATION OF JUDGE. No. 453 (House Bill No. 420). An Act to provide an additional supplement to the salary of the judge of the Superior Courts of the Brunswick

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Judicial Circuits; to apportion the amount thereof among the several counties of the circuit; to ratify and confirm previous supplements; to provide that this supplement shall be reduced proportionately between the counties by the amount of any salary increase granted by the State; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The several counties of the Brunswick Judicial Circuit are hereby authorized and directed to further supplement the salary of the judge of the superior courts of such circuit by an additional sum of $2,000.00 per annum. Section 2. The said supplement shall be apportioned among the counties composing such circuit so that the annual payments by each county to such judge shall be as follows: Glynn $1,060.00 Wayne 360.00 Appling 313.50 Jeff Davis 120.00 Camden 146.50 Said amounts shall be paid by the counties in equal monthly installments. Section 3. The above supplement shall be in addition to the supplements provided for in an Act approved March 6, 1945 (Ga. L. 1945, p. 890), and an Act approved January 28, 1960 (Ga. L. 1960, p. 52), and the supplements provided for in the aforesaid Acts are hereby ratified and confirmed. Intent. Section 4. The additional supplement to the salary of the judge of the Superior Courts of the Brunswick Judicial Circuit

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provided herein shall be reduced proportionately between the counties by the amount of any salary increase granted by the State of Georgia during the calendar year 1965 or thereafter. Same. Section 5. The provisions of this Act shall become effective on July 1, 1965. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. JUDGES OF SUPERIOR COURTSSALARIES. No. 460 (House Bill No. 568). An Act to amend an Act to fix the salaries of the judges of the superior courts, approved February 15, 1962 (Ga. L. 1962, p. 64), so as to change the salaries of the judges of the superior courts; to provide that the change in such salaries shall not become effective until funds are specifically appropriated therefor; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to fix the salaries of the judges of the superior courts, approved February 15, 1962, (Ga. L. 1962, p. 64), is hereby amended by striking from section 1 the figure $16,000.00 and inserting in lieu thereof the figure $18,000.00 so that when so amended section 1 shall read as follows: Section 1. The annual salary of the Judges of the Superior Courts shall be, and the same is hereby fixed in the sum of $18,000.00 Salary. Section 2. The increase in the annual salary of the judges of the superior court as provided for by this Act shall not

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become effective and no judge shall receive any increase in compensation under the provisions of this Act until funds are specifically appropriated therefor by the General Assembly. Effective date. 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. ATLANTA JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL, ETC. No. 463 (House Bill No. 623). An Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 853), an Act approved March 25, 1947 (Ga. L. 1947, p. 583), an Act approved January 26, 1950 (Ga. L. 1950, p. 2008), an Act approved March 5, 1957 (Ga. L. 1957, p. 205), and an Act approved March 17, 1958 (Ga. L. 1958, p. 129), so as to fix the compensation of the solicitor-general of said circuit; to make corrections therein;

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to change the number of trial assistant solicitors-general that may be appointed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. The Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit approved August 11, 1924 (Ga. L. 1924, p. 255), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 853), an Act approved March 25, 1947 (Ga. L. 1947, p. 583), an Act approved January 26, 1950 (Ga. L. 1950, p. 2008), an Act approved March 5, 1957 (Ga. L. 1957, p. 205), and an Act approved March 17, 1958 (Ga. L. 1958, p. 129), 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. The statutory salary of the solicitor-general of said circuit shall be the sum of twenty thousand eight hundred fifty ($20,850.00) dollars per annum, which shall be in addition to the salary of two hundred fifty ($250.00) dollars per annum prescribed by Paragraph I, Section XII, of Article VI of the Constitution of this State and contingent expense allowance as authorized by law, and the said statutory salary shall be paid from the funds of Fulton County and it shall be and it is hereby made the duty of the commissioners of roads and revenues of Fulton County or such other board or persons as may, from time to time, exercise the same or similar powers as are now exercised by said commissioners, to cause said statutory salary to be paid to the solicitor-general in equal monthly installments. The funds for the payment of the salary of said solicitor-general shall be provided by the board of commissioners of roads and revenues in the same manner and from the same source as the operating expenses of Fulton Superior Court and as a part thereof. The said statutory salary shall be in full payment for all the services of the solicitor-general in criminal cases, except as to service in the Supreme Court

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and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the general laws of this State. Salary. Section 2. Said Act is further amended by striking the word and figure ten (10) as they appear in the first sentence of section 5 and substituting in lieu thereof the word and figure eleven (11), so that when so amended section 5 shall read as follows: Section 5. The solicitor-general of the said judicial circuit shall have the power and he is hereby empowered to appoint one (1) first assistant solicitor-general and eleven (11) trial assistant solicitors-general, and shall require from each of them bond in the sum of five thousand dollars ($5,000.00) of the same nature and character as the bond of the solicitor-general, the premiums on said bonds to be paid by the county in the same manner as the premium on the bond of the solicitor-general. The powers and duties of the first assistant solicitor-general, when acting for the solicitor-general, shall be the same as those of the solicitor-general. The powers and duties of the trial assistant solicitors-general shall be to try, and assist in the trial of, cases in the several courts, including the appellate courts of this State and such other duties as may be assigned by the solicitor-general of the Atlanta Judicial Circuit. They shall not serve beyond the term of their principal and shall be subject to removal at any time by the said principal. Assistant solicitors-general. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisement for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law,

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and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 5. The effective date of this act shall be January 1, 1966. Effective date. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1965, to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor-general of said circuit, approved August 11, 1924 (Ga. L. 1924, p. 255), and the acts amendatory thereof, as relates to the compensation of the solicitor-general, the first assistant solicitor-general and the assistant solicitors-general and for other purposes. /s/ William T. Boyd Solicitor General Atlanta Judicial Circuit Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilson Brooks, who, on oath, deposes and says that he is Representative from Fulton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of said county, on the following dates: January 6, 13 and 20, 1965. /s/ Wilson Brooks Representative, Fulton County.

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Sworn to and subscribed before me, this 1st day of March, 1965. /s/ Frank E. Blankenship Notary Public, Georgia State at Large My Commission Expires July 15, 1966 (Seal). Approved April 5, 1965. GENERAL APPROPRIATIONS ACT OF 1963 AMENDED. No. 464 (House Bill No. 666). An Act to amend an Act providing appropriations for the State Government for the fiscal year 1963-64 and the fiscal year 1964-65, approved April 2, 1963 (Ga. L. 1963, p. 224), as amended, so as to clarify provisions relating to the purposes of appropriations for the Legislative Branch; to clarify provisions relating to the Interstate System of Highways; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing appropriations for the State Government for the fiscal year 1963-64 and the fiscal year 1964-65, approved April 2, 1963 (Ga. L. 1963, p. 224), as amended, 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. Legislative Branch . For compensation as fixed by previous laws for mileage at the rate of 10c per mile for four (4) round trips for each regular session and number of round trips for any and all extraordinary sessions of the General Assembly as set by each such extraordinary

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session; Secretary and Assistant Secretary of the Senate and Clerk and Assistant Clerk of the House of Representatives shall receive the same mileage allowances as Members of the Senate and House of Representatives, of the President and Members of the Senate and of the Speaker and Members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, as fixed by law, of the messengers and doorkeepers and other attaches of the Senate and House of Representatives, for the actual travel expenses of members of legislative committees; for cost of operating the office of Lieutenant Governor and Speaker of the House of Representatives authorized by law; for expenses of committees of one or both branches; for membership in the Council of State Governments, National Conference of Commissioners on Uniform State Laws, National Conference of Legislative Leaders and Marine Fisheries Compact; for supplies, repairs, printing and other incidental expenses and equipment for the General Assembly, and the necessary cost of renovating and repairing the houseing facilities for the Legislative Branch; for cost of compiling, publishing and distributing the Acts and Journals of the General Assembly; the codes of Georgia and the annual report of the State Auditor to the General Assembly; for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law. Provided further, that the members of the General Assembly shall be paid the ten dollars per diem and the five dollars allowance heretofore authorized by law and as further authorized by law, act or resolution as cited herein shall be paid an additional maintenance expense allowance of thirty-five dollars for each day in attendance at a session of the General Assembly and said maintenance expense allowance, which is authorized by general provisions of the State Constitution, shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for

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by the State and which may be personally incurred by the individual Member in the performance of official duties during a session of the General Assembly, except as otherwise provided for officials by law or resolution of one or both branches, and this allowance to the Members of the General Assembly is hereby construed to be authorized by the State Constitution as per diem and maintenance allowance to cover the cost of ordinary expenses of the State Government as provided for by Article III, Section VII, Paragraph IX of the Constitution of Georgia. Provided further, the per diem allowance provided for in the foregoing shall also be payable to any official of the State or attache for each day during his term of service who is authorized by Act or Resolution of one or both branches of the General Assembly to receive an allowance based on the total per diem maintenance allowance provided for Members of the General Assembly while in session. Provided, however, that a member of the General Assembly serving as a member of a regular or special committee shall be limited to and shall be paid for each day of service on said committee when the General Assembly is not in session, twenty dollars per diem, expense and mileage while performing such committee duties. 1963-64 $1,900,000.00 1964-65 $1,900,000.00 Section 2. Said Act is further amended by striking paragraph C. of section 22 in its entirety and inserting in lieu thereof a new paragraph C. to read as follows: C. Maintenance and BettermentsPlanning and Construction . For State matching participation in costs of construction, reconstruction, improvement in highways, and highway planning, in cooperation with the Federal Government, including all cost items incident thereto. Funds appropriated for each fiscal year shall be available for matching Federal apportionment for the same year. For the cost of road and bridge construction and surveys, maintenance and improving the State Highway System of roads and bridges, and the costs incident thereto (provided all expenditures for county contracts shall be in accordance with and

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on the basis of average prices as authorized by law.) Provided, however, that funds shall be allocated to matching all Federal aid funds prior to the allocation of any funds for the other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided further, that in order to meet the requirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced budgetary authorization for the letting and execution of highway contracts essential to and included in such Interstate Program not to exceed the amount of State Motor Fuel Tax Revenues actually paid into the Treasury and constitutionally appropriated to the State Highway Department. Highway Department. Maintenance and Betterments 1963-64 $18,781,011.00 1964-65 $19,433,090.00 Planning and Construction 1963-64 $39,886,688.00 1964-65 $41,479,960.00 Provided, that the above appropriation shall be in addition to funds realized by the Highway Department from Administrative Charges as provided in the Budget Report. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. PLANNING COMMISSIONS ACT AMENDEDPOWERS, ETC. No. 469 (Senate Bill No. 33). An Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning

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commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1037), so as to authorize any municipality or county to continue, create or retain its own local planning commission; to provide that any municipality or county may specify which powers granted shall be exercised by the local planning commission and also the joint planning commission; to change the provisions relating to existing laws; to provide that the powers and authority granted municipal, county, joint municipal-county planning commissions, and board of appeals shall be in addition to all other powers and authority such planning commissions and board of appeals now have or may later have under other laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the governing authorities of municipalities and counties to establish planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 169), an Act approved March 17, 1959 (Ga. L. 1959, p. 335), and an Act approved March 17, 1960 (Ga. L. 1960, p. 1037), is hereby amended by inserting between the fifth and sixth sentences of section 1 a new sentence to read as follows: The governing authority of any municipality or county that has participated or participates in creating a joint planning commission may continue and may create or retain its own local planning commission whether under the authority of a private act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commission may specify in the respective resolutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commission.,

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so that when so amended section 1 shall read as follows: Section 1. Planning Commissions: Creation and Appointment . The governing authority of each municipality in this State is authorized to create by ordinance a municipal planning commission. The governing authority of each county in this State is authorized to create by resolution a county planning commission. Any two or more municipalities are authorized to create a joint planning commission. Any two or more counties are authorized to create a joint planning commission. Any one or more counties and any one or more municipalities in any one or more of these counties are authorized to create a joint planning commission. The governing authority of any municipality or county that has participated or participates in creating a joint planning commission may continue and may create or retain its own local planning commission whether under the authority of a private act, general enabling legislation, or other authority. Any county or municipality which has or which may create its own local planning commission and which also participates in a joint planning commission may specify in the respective resolutions or ordinances which powers granted shall be exercised by the local planning commission and also the joint planning commission. Wherever the terms, `Municipal Planning Commission', `County Planning Commission', or `Municipal-County Planning Commission', are used hereinafter, they shall be construed to mean and shall include any planning commission established hereunder. The governing authorities of the political subdivision or subdivisions creating a planning commission shall select the name of the commission, but such name must include the term `Planning Commission'. A planning commission shall be composed of members who shall be appointed by the governing authority or authorities of the political subdivision or subdivisions creating the commission. A majority of the members of a planning commission shall be persons who hold no other public office in the municipality or county from which they are appointed. Ex-officio members of the commission who hold public office shall serve on the commission during the time they hold such public office. Other members of the commission shall be appointed for overlapping

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terms of three, four or five years and shall serve until their successors are appointed. Original appointments may be made for a lesser number of years so that the terms of said members shall be staggered. The compensation of the members, if any, shall be determined by the governing authority or authorities of the political subdivision or subdivisions creating the commission. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the original appointment. The governing authority or authorities of the political subdivision or subdivisions creating the commission are hereby authorized to remove any member of the commission for cause after written notice and public hearing. Section 2. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27 to read as follows: Section 27. Effect on Existing Planning and Zoning Authorization . This Act shall become effective upon its adoption by the governing authority of a municipality or a county, as the case might be. Any municipality which, prior to January 31, 1946, had the power and authority under its charter as originally granted or amended to engage in planning and zoning, as authorized by the Constitution of Georgia, and any municipality or county which now has the power and authority to engage in planning and zoning under the provisions of an Act relating to zoning and planning, approved January 31, 1946 (Ga. L. 1946, p. 191), as amended, or under the provisions of any local or special Act, or under the provisions of the Constitution of Georgia may continue to operate under such law. All powers and authority granted by this Act to municipal and county and joint municipal-county planning commissions and boards of appeals shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such planning commissions and boards of appeals now have or may later have under other laws. Any county resolution or municipal ordinance legally enacted under the authority of any such statute or constitutional

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provision shall remain in force and effect after this Act becomes effective until the county or municipality has brought such resolution or ordinance into conformity with the provisions of this Act. Provided, however, that after this Act becomes effective in any municipality or county, such resolutions and ordinances shall be administered under the provisions of this Act and any amendment to any such county resolution or municipal ordinance shall be made under the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. DEPARTMENT OF BANKINGFEES, EMPLOYEES, ETC. Code 13-305, 13-312 Amended. No. 470 (Senate Bill No. 56). An Act to amend Code section 13-305, relating to the salary of the Superintendent of Banks and the fees collected by such Superintendent, so as to strike therefrom the provision relating to the salary of the Superintendent of Banks; to amend an Act fixing and equalizing the salaries of certain State officials, approved March 27, 1947 (Ga. L. 1947, p. 673), so as to delete therefrom the provision relating to the salary of the Superintendent of Banks and the Assistant Superintendent of Banks; to amend Code section 13-312, relating to the salary of the Assistant Superintendent of Banks and other personnel of the Department of Banking, as amended, so as to provide that, with the exception of the appointment of the Superintendent of Banks, all officials, personnel and employees of the State Department of Banking shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation,

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seniority privileges, tenure and other employment standards as may now or hereafter be effectuated and established pursuant to a State Merit System authorized by law; to provide that the provisions of this Act shall in no respect be considered as a repeal of an Act extending the provisions of an Act establishing a State merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as amended, to include the officials and employees of the State Department of Banking but shall be construed as supplemental and cumulative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 13-305, relating to the salary of the Superintendent of Banks and the fees collected by such Superintendent, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 13-305 to read as follows: 13-305. Disposition of Fees . Fees prescribed herein shall be collected by the Superintendent of Banks and deposited in the State Treasury. Section 2. An Act fixing and equalizing the salaries of certain State officials, approved March 27, 1947 (Ga. L. 1947, p. 673), is hereby amended by striking from section Ia the following: The salary of State Superintendent of Banks shall be $7,500.00 per annum and the salary of Assistant Superintendent of Banks shall be $5,000 per year. Repealed. Section 3. Code section 13-312, relating to the salary of the Assistant Superintendent of Banks and other personnel of the Department of Banking, as amended, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 13-312 to read as follows:

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13-312. State Department of Banking; all officials, personnel and employees of Department of Banking placed under Merit System .All officials, personnel and employees of the State Department of Banking shall be governed by such rules of position classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure and other employment standards as may now or hereafter be effectuated and established pursuant to a State Merit System authorized by law. Provided, however, that the Superintendent of Banks shall be appointed by the Governor as provided by section 13-302 of the Code of Georgia of 1933. Section 4. The provisions of this Act shall in no respect be considered as a repeal of an Act extending the provisions of an Act establishing a State merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as amended, to include the officials and employees of the State Department of Banking but shall be construed as supplemental and cumulative thereto. Intent. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. TROVERRELEASE OF DEFENDANT IN BAIL CASES. Code 107-205 Amended. No. 471 (Senate Bill No. 82). An Act to amend Code section 107-205, relating to the petition for release and the release of the defendant in any action for the recovery of personal property in which bail is required, who is held in imprisonment by reason of his inability to give security, so as to provide that upon presentation of the petition to a judge of the court in which the suit is pending, said judge, based upon the contents

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of said petition and in the exercise of sound discretion after reasonable notice to the plaintiff or counsel for the plaintiff, proceed in a summary way to hear the evidence upon the facts contained in said petition; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 107-205, relating to the petition for release and the release of the defendant in any action for the recovery of personal property in which bail is required, who is held in imprisonment by reason of his inability to give security, is hereby amended by striking therefrom the following: , of which petition he shall cause a copy to be served upon the plaintiff; whereupon it shall be the duty of such judicial officer in term time or vacation, after reasonable notice on release from jail on bail trover of the time and place of hearing has been given to both parties, to proceed in a summary way to hear evidence upon the facts contained in said petition;, and inserting in lieu thereof the following: ; upon presentation of the petition to a judge of the court in which the suit is pending, said judge, based upon the contents of said petition and in the exercise of sound discretion after reasonable notice not to exceed 5 days to the plaintiff or counsel for the plaintiff, proceed in a summary way to hear the evidence upon the facts contained in said petition;, so that when so amended Code section 107-205 shall read as follows: 107-205. Release of defendant without security, when; proceedings .When the defendant in any action for the recovery of personal property, in which bail is required, shall, by reason of his inability to give security, be held in imprisonment, he may make his petition in writing under oath to the judge of the court in which the suit is pending, in which he shall state that he is neither able to give the

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security required by law nor to produce the property, and can furnish satisfactory reasons for its nonproduction, and traverse the facts stated in the plaintiff's affidavit for bail; upon presentation of the petition to a judge of the court in which the suit is pending, said judge, based upon the contents of said petition and in the exercise of sound discretion after reasonable notice to the plaintiff or counsel for the plaintiff, proceed in a summary way to hear the evidence upon the facts contained in said petition; and if he shall find that the petitioner can neither give the security nor produce the property, and that the reasons for its nonproduction are satisfactory, he shall discharge the petitioner upon his own recognizance, conditioned for his appearance to answer the suit; but otherwise he shall recommit him to custody. The action taken upon such petition shall not in any way affect the rights of the plaintiff upon the trial of the question of property involved in the suit, but the same shall be decided by the tribunal having jurisdiction thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. GUARDIAN AND WARDPROCEDURE FOR TERMINATING GUARDIANSHIPS. Code 49-605 Amended. No. 474 (Senate Bill No. 135). An Act to amend Code section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital, so as to change the procedure for termination of guardianship when the ward is restored to mental health to the extent he can manage his estate and who has been released from a psychiatric hospital or any other institution for

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the mentally ill; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 49-605, relating to the procedure for terminating the guardianship of a ward who has been discharged from a psychiatric hospital, is hereby amended by striking subsection (a) thereof which reads as follows: (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., Repealed. in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person who has been involuntarily hospitalized in a psychiatric hospital, as defined in Code section 88-501(c), for whom a guardian has been appointed and who has been discharged from said psychiatric hospital as being restored to mental health to the extent that he is capable of managing his estate shall be deemed to be restored to mental health to the extent that he is capable of managing his estate and no longer in need of a guardian. The superintendent, administrator or other chief administrative officer of the psychiatric hospital in which such person was confined shall upon the release of the person restored to mental health, as defined in this section, notify the court of ordinary which appointed the guardian of such person and the judge of the court of ordinary of such county shall upon the expiration of thirty (30) days from the date of receipt of said notice, enter an order declaring such person

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restored to mental health and capable of managing his estate and the guardian of such person shall forthwith deliver over to such person his property, money and other effects in the hands of such guardian. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. BIRTH CERTIFICATES IN ADOPTION CASES. Code 88-1713, 88-1714 Amended. No. 475 (Senate Bill No. 150). An Act to amend an Act comprehensively and exhaustively revising, superseding, consolidating and codifying 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 approved March 18, 1964 (Ga. L. 1964, p. 499), by striking paragraph (e) of section 88-1713, and paragraph (b) of section 88-1714 and substituting a new paragraph providing for the issuance of birth certificates in adoption cases, and giving the adopting parents an option of how such certificates shall be issued with certain limitations; and to repeal all laws or parts of laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act comprehensively and exhaustively revising, superseding, consolidating and codifying 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 approved March 18, 1964 (Ga. L. 1964, p. 499), is hereby amended by striking paragraphs (e) of section 88-1713

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1713 and paragraph (b) of section 88-1714 and inserting in lieu of paragraph (b) of section 88-1714 the following: (b) When a new certificate of birth is established, the actual date of birth, when available, shall be shown, and the place of birth shall be shown as either the actual place of birth or as the residence of the adoptive parents, at the election of the adoptive parents. The superior court, in the final order of adoption shall determine the place and so state in said final order of adoption. 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. This section shall apply to children born in this State as well as those born in another State; provided, however, the above option in regard to children born outside the State of Georgia shall apply only to an adopted person who was or is entitled to United States Citizenship at the time of birth, and who was or is placed for adoption through the State Department of Welfare, the Juvenile Court of a County of this State, the Department of Family and Children Services, or a child placement agency licensed by the State, or any other legal adoption, and when the child being adopted is not entitled to United States Citizenship by virtue of birth, the actual place of birth shall be shown; and provided, further, that when the person being adopted is the legitimate natural child of the spouse of the person adopting the child, the actual place of birth shall be shown. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. INHERITANCE, ETC. TAXESRECIPROCITY. No. 476 (Senate Bill No. 156). An Act to provide for reciprocity between the State of Georgia and other states with respect to transfer, death, estate

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and inheritance taxes upon intangible personal property of non-residents; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this act, transfer taxes and death, estate or inheritance taxes, levied by the laws of this State with respect to, or on account of, the transfer by death, or otherwise, of intangible personal property, and enforceable against non-residents of the State by reason of the location or situation within this State of any debtor, obligor, issuer of any security or corporate shares, or upon any other ground, shall not be required of or enforceable against any such non-resident, or the personal representative of any deceased non-resident owning such intangible personal property at the time of his death, if such non-resident is, or, at the time of his death, was, a resident of a state which, by its laws, grants to persons residing in Georgia at the time of death, a like immunity or exemption from transfer taxes and death, estate or inheritance taxes with respect to, or on account of, intangible personal property, enforceable under the laws of such other state by reason of the location or situation within such other state of any debtor, obligor, issuer of any security or corporate shares, or upon any other ground: provided that this section shall not apply to tangible personal property having an actual situs in Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965. COBB JUDICIAL CIRCUITSOLICITOR-GENERAL, ETC. No. 479 (Senate Bill No. 183). An Act to amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as

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amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 149), an Act approved February 26, 1957 (Ga. L. 1957, p. 163), an Act approved March 21, 1958 (Ga. L. 1958, p. 233), an Act approved February 19, 1960 (Ga. L. 1960, p. 149), an Act approved April 5, 1961 (Ga. L. 1961, p. 553), and an Act approved February 27, 1962 (Ga. L. 1962, p. 130), so as to change the compensation of the solicitor-general; to provide that the solicitor-general shall not engage in the private practice of law; to provide for one additional assistant solicitor-general, thereby increasing to two the number of assistant solicitors-general for the Cobb Judicial Circuit; to provide the compensation of such additional assistant solicitor-geenral; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 149), an Act approved February 26, 1957 (Ga. L. 1957, p. 163), an Act approved March 21, 1958 (Ga. L. 1958, p. 233), an Act approved February 19, 1960 (Ga. L. 1960, p. 149), an Act approved April 5, 1961 (Ga. L. 1961, p. 553), and an Act approved February 27, 1962 (Ga. L. 1962, p. 130), 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. That the offices of the judges and solicitor-general of the Superior Court of the Cobb Judicial Circuit are hereby created. A judge and a solicitor-general for the said circuit shall be elected at the general election of 1952 to take office for a term beginning January 1, 1953, and the said Cobb Judicial Circuit shall not come into existence until January 1, 1953. In addition to the salary paid to judges of the superior courts by the State, each judge of the Cobb Judicial Circuit shall receive the sum of $3,450.00 per annum which shall be paid in equal monthly installments from the general funds of Cobb County. The solicitor-general of the

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Cobb Judicial Circuit shall be compensated on a salary basis rather than a fee basis and in addition to the salary paid the solicitors-general of the superior courts by the State, the solicitor-general of the Cobb Judicial Circuit shall receive the sum of $15,850.00 per annum to be paid in equal monthly installments from the general funds of Cobb County. The solicitor-general of the Cobb Judicial Circuit is hereby prohibited from engaging in the private practice of law. Solicitor-general. Section 2. Said Act is further amended by striking section 4(b) in its entirety and inserting in lieu thereof a new section 4(b) to read as follows: (b) The solicitor-general is hereby authorized to appoint two assistant solicitors-general, to serve at the pleasure of the solicitor-general, who shall assist the solicitor-general in the performance of his duties. Either assistant solicitor-general is hereby authorized to serve in the place of the solicitor-general in the absence or disqualification of the solicitor-general and shall be clothed with all the powers and authority of the solicitor-general. One assistant solicitor-general shall be compensated in the amount of $9,240.00 per annum, and one assistant solicitor-general shall be compensated in an amount not to exceed $8,400.00 per annum, the exact amount to be determined by the governing authority of Cobb County, payable in equal monthly installments from the funds of said county. Assistant solicitors-general. Section 3. The provisions of section 1 of this Act shall not become effective until January 1, 1968, but in the event the office of solicitor-general of the Cobb Judicial Circuit becomes vacant by reason of death, resignation, disability or otherwise at any time before January 1, 1968, then section 1 of this Act shall become effective on the date of such vacancy. Effective dates. Section 4. The provisions of section 2 of this Act shall become effective on April 1, 1965. Same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1965.

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OGEECHEE JUDICIAL CIRCUITSALARY OF SOLICITOR-GENERAL. No. 484 (Senate Bill No. 114). An Act to amend an Act placing the solicitor-general of the Ogeechee Judicial Circuit on an annual salary, approved February 14, 1935 (Ga. L. 1935, p. 866), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 414), so as to increase the compensation of the solicitor-general of the Ogeechee 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 Ogeechee Judicial Circuit on an annual salary, approved February 14, 1935 (Ga. L. 1935, p. 866), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 414), is hereby amended by striking from section 2 the symbol and figure $5,000.00, and substituting in lieu thereof the symbol and figure $7,500.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 6, 1965. EASEMENTS TO DADE COUNTY. No. 84 (House Resolution No. 28-43). A Resolution. Authorizing the conveyance of permanent easements over certain State owned properties; and for other purposes. Whereas, Dade County desires to obtain easements for the purpose of constructing, repairing and maintaining a water pipe line and water pumping station over certain State owned properties; and

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Whereas, the purpose 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 authorized to convey to Dade County permanent easements over the hereinafter described parcels of land for the purpose of constructing, operating and maintaining a water pipe line and water pumping station. Said easements being twenty (20) feet in width and ten (10) feet on either side of the following described center line and center line extended. Parcel No. 1: Beginning at the intersection of the northeast right-of-way line of the Georgia Power Co. line and the Cloudland Canyon State Park and the property of Martha Mae Taylor. Said point being S 1 00[prime] E, 164.43 feet following the land lot line between land lots 3 and 4 from a common corner between Martha Mae Taylor, Cloudland Canyon State Park, and Miles Walston, Jr. Thence S 34 47[prime] E, 481.44 feet following the northeast right-of-way line of the Georgia Power Co. easement to a point; thence S 55 13[prime] W, 100 feet to a stake called X in the southwest right-of-way line of the Georgia Power Co., said point X being the beginning point for the parcel line to be purchased from the State of Georgia for a water works booster station; thence S 34 47[prime] E, 1,008 feet following the southwest right-of-way line of the Georgia Power Co. easement to a point in the southwest right-of-way line of Georgia Power Co.; thence S 12 43[prime] W, 126.44 feet to a stake; thence S 20 02[prime] E, 343 feet to a stake in the center line of an old road; thence S 35 31[prime] W, 247.44 feet following the center line of an old road to a point in the center line of an old road; thence S 5 27[prime] W, 168.1 feet to the center line of an old road and a county road. Parcel No. 2: Beginning at point X along the southwest right-of-way line of Georgia Power Co. easement as

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described in an easement for a water works pipe line from Dade County; thence S 34 47[prime] E, 20.5 feet following the southwest right-of-way line of the Georgia Power Co. to a stake; thence S 55 13[prime] W, 30 feet to a stake; thence N 34 47[prime] W, 30 feet to a stake; thence N 55 13[prime] E, 30 feet to a stake in the southwest right-of-way line of the Georgia Power Co. power line easement; thence S 34 47[prime] E, 9.5 feet following the southwest right-of-way line of Georgia Power Co. to the point of beginning and containing 0.02 acres of land more or less and also including an easement following an old road across that portion of the land owned by the State of Georgia back to Georgia Highway 143. Said parcels being located in land lot no. 4 in the 11th district, 4th section of Dade County, Georgia. The consideration for the conveyance of said easements shall be ten ($10.00) dollars. Approved April 8, 1965. LAND CONVEYANCE TO W. L. WELLS. No. 85 (House Resolution No. 106-135). A Resolution. Authorizing the conveyance of a certain tract of stateowned property located in Telfair County; and for other purposes. Whereas, on December 7, 1964, W. L. Wells conveyed by warranty deed to the State Highway Department of Georgia the following described tract of land which shall be referred to hereinafter as tract no. 1: All that tract or parcel of land lying and being in the State of Georgia, County of Telfair, in land lot number 321 in the 8th land district of said State and county,

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containing two (2) acres, and contained within the following lines: Begin at the center of the intersection of State Highway 117 (Jacksonville-Lumber City Highway) with U. S. Highway 441, run thence down the center of State Highway 117 north 80 degrees east a distance of 3,564 feet, thence run north 10 degrees west 50 feet to a stake on the north property line of said State Highway 117, this being the point of beginning of this description, thence running north 80 degrees east a distance of 295.2 feet along State Highway 117 (Jacksonville-Lumber City Highway) to a stake, thence running north 10 degrees west a distance of 295.2 feet to a stake, thence running south 80 degrees west a distance of 295.2 feet to a stake, thence running south 10 degrees east a distance of 295.2 feet to a stake situated on the northerly property line of State Highway 117 and the point of beginning of this description.; and Whereas, said Tract No. 1 was acquired by the State Highway Department for the purpose of constructing and maintaining a maintenance barn; and Whereas, the State of Georgia presently owns a tract of land upon which was formerly maintained a maintenance barn, said tract of land being described as follows and which shall be referred to hereinafter as tract no. 2: All that certain tract or parcel of land situated, lying and being in the 8th district of Telfair County, Georgia, being 0.5263 acre of original land lot number 340, and being located and described as beginning at a point on the east boundary of the right-of-way of State Highway, State Route 31 leading from Douglas to Jacksonville, Georgia 1,578.5 feet north of bridge over Gregory Creek, thence running in a straight line easterly perpendicular to said highway a distance of 232 feet, thence along an agreed line in a northeasterly direction 103.7 feet, thence along an agreed line in a westerly direction 242 feet and to the right-of-way of said highway, thence along the eastern boundary of said highway in a southerly direction a distance of 90.75 feet to point of beginning; being

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further located and described by plot hereto attached and made a part of this description.; and Whereas, W. L. Wells conveyed to the State Highway Department the above described tract of land, designated as tract no. 1, for a nominal consideration; and Whereas, that tract of land, upon which was formerly located the State Highway Department maintenance barn, designated as tract no. 2, is no longer of any use to the State of Georgia and is, therefore, surplus property. 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 and directed to convey to W. L. Wells that tract of land described above designated as tract no. 2, upon which was formerly located the State Highway Department maintenance barn. The consideration for said conveyance shall be $10.00 and those benefits flowing to the State of Georgia from the previous conveyance of the above described tract by W. L. Wells to the State Highway Department of Georgia, said tract being designated as tract no. 1. Approved April 8, 1965. LAND CONVEYANCE TO HOUSING AUTHORITY OF CITY OF AMERICUS. No. 86 (House Resolution No. 110-139). A Resolution. Authorizing the conveyance of a tract of state-owned property located in Sumter County; and for other purposes. Whereas, the State Highway Department had previously condemned a tract of land adjacent to the right-of-way of State Highway No. 27, located in the City of Americus in Sumter County, Georgia; and

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Whereas, said State Route No. 27 has been relocated and the old right-of-way abandoned; and Whereas, an acute drainage problem has arisen on this old abandoned right-of-way; and Whereas, the Housing Authority of the City of Americus desires to obtain this land; and Whereas, the Highway Department no longer has any need for said property and does not desire to retain said property, but said property cannot be conveyed to the Housing Authority until the Highway Department corrects this drainage problem and receives approval of such project from the Bureau of Public Roads of the United States Department of Commerce; and Whereas, after said time the tract of land will no longer be of any use to the Highway Department or to the State of Georgia and will be surplus property; and Whereas, the tract of land desired by the Housing Authority of the City of Americus is described as follows: Beginning at a point on the east side of North Prince Street, forty (40) feet from the center line of the proposed new Prince Street, said point being 338.30 feet south of an iron pin located on the south side of the right-of-way of the west boundary of Georgia Route 27 (U. S. 280), and running thence north 76 degrees 21 minutes east 139.26 feet; thence north 60 degrees 47 minutes east 178.02 feet; thence south 0 degrees 18 minutes east 158.78 feet to the right-of-way of the east bound section of State Route 27 (U. S. 280), said point being 40 feet from the center line of said east bound section. Thence north 85 degrees 33 minutes west 290 feet, more or less, to the east right-of-way line of North Prince Street; thence north 2 degrees 17 minutes west 20 feet, more or less, to the point of beginning.; Now, therefore, be it resolved by the General Assembly of Georgia that after the Highway Department has corrected

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the drainage problem and subject to the approval of the Bureau of Public Roads of the United States Department of Commerce, the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the above described tract of land to the Housing Authority of the City of Americus for the consideration of $10.00 and the benefits flowing to the State of Georgia therefrom. Approved April 8, 1965. LAND CONVEYANCE TO GRADY N. COKER. No. 87 (House Resolution No. 122-192). A Resolution. Authorizing the conveyance of certain State property located in Cherokee County; and for other purposes. Whereas, on January 10, 1950, Grady N. Coker deeded by warranty deed to the State of Georgia a tract of land for and in consideration of the sum of $1.00; and Whereas, this tract of land was deeded to the State to be used for the facilities of the Georgia National Guard and military purposes; and Whereas, there is a reversionary clause in the aforesaid warranty deed between Grady N. Coker and the State of Georgia which states that, This deed is accepted by the grantee with the further convenant that, upon the failure of the grantee to use the property herein conveyed for the purposes specified, the property, together with the improvements placed thereon by the grantee, shall revert to the grantor.; and Whereas, the State of Georgia is now using other land located in Cherokee County, which makes this tract vacant and no longer of any use to the State; and

Page 558

Whereas, the State has agreed to reconvey the tract of land back to Grady N. Coker for and in consideration of the sum of $10.00 and the moral obligation of the State since the State no longer has any use for the land; and Whereas, said tract or parcel of land is more particularly described as follows: All that tract or parcel of land lying and being in the 14th district and 2nd section of said state and county and being a part of original lot number 162, described as follows: Beginning at an iron post on the south side of private road leading from State Highway No. 5 to Veterans of Foreign Wars property; thence along said private road in an easterly direction 153 feet to an iron post; thence south 7 degrees 57[prime] W 366 feet to an iron post; thence west 137.5 feet to an iron post; thence north 7 degrees 57[prime] E 455 feet back to beginning point, containing 1.30 acres more or less. Also, the following property in the same district, section and lot number above mentioned, described as follows: Beginning at an iron post fifty feet east of the Georgia Power Company right of way which is also the southwest corner of the property above described and running in an easterly direction 137.5 feet to an iron post at the corner of property above described, thence continuing in an eastern direction 237.5 feet to an iron post, thence in a straight line south 400 feet to an iron post, thence in westerly direction 430 feet to an iron post at Georgia Power right of way, thence N 7 degrees 57[prime] E 404 feet back to starting point, containing 3.70 acres, more or less. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized to execute the appropriate instruments for and in behalf of the State of Georgia to reconvey the above described tract or parcel of land located in Cherokee County to Grady N. Coker for and in consideration of the sum of $10.00 and the moral obligation of the State. Approved April 8, 1965.

Page 559

REQUESTING CONGRESS TO CALL CONVENTION TO AMEND CONSTITUTION. No. 89 (House Resolution No. 128-212). A Resolution. Requesting Congress to call a Convention for the purpose of proposing an Amendment to the Constitution of the United States; and for other purposes. Be it resolved by the General Assembly of Georgia that this body respectfully petitions the Congress of the United States to call a Convention for the purpose of proposing an Amendment to Article X of the Amendments to the United States Constitution by adding thereto the following: Among the rights reserved to the states shall be the right to sole, and exclusive jurisdiction of public school systems in the separate states, and all rights, privileges and immunities of citizens of the separate states, as they relate to public school education, shall be determined solely by state courts. This Constitution shall not be construed in a manner to empower the President of the United States, the Congress or the Federal Judiciary to disparage or nullify this inherent right in the states. Be it further resolved that a duly attested copy of this resolution be immediately transmitted by the Clerk of the House of Representatives to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States, to all presiding officers of the Legislatures of the several states, to the Governors of the several states and to each member of the Congress from this State. Approved April 8, 1965.

Page 560

LAND CONVEYANCE TO FULTON COUNTY. No. 90 (House Resolution No. 143-247). A Resolution Authorizing the transfer of certain real property located in Fulton County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner, by virtue of a deed vesting title in the State Highway Department of Georgia of certain real property located in Fulton County, Georgia; and Whereas, said real property is fully described as follows: All that tract or parcel of land, lying and being in land lot 109 of the 9th district, Old Fayette, now Fulton County, Georiga, containing 2.75 acres, being more particularly described as follows: Beginning at a point on the west side of Mason Road 1,210 feet north of the right-of-way line of State Route 14; thence south 88 degrees, 6 minutes west a distance of 400 feet to a point; thence north 1 degree 20 minutes east a distance of 300 feet to a point; thence north 88 degrees 11 minutes east a distance of 400 feet to the west right-of-way line of Mason Road; thence along said right-of-way line in a southerly direction 299.56 feet to the point of beginning.; and Whereas, said described real property was acquired for a nominal consideration from Fulton County for the purpose of a maintenance supply depot, and since acquisition it has become impracticable to devote said property to said purpose, and it is now surplus and unserviceable property and neither needed by nor useful to the State Highway Department of Georgia, nor to the State of Georgia; and

Page 561

Whereas, Fulton County is the owner of certain other real property which is desirable for and adaptable to the purpose for which said above described property was acquired, fully described as follows: All that tract or parcel of land situated lying and being in land lot 109 in the 9F district of Fulton County, Georgia, more particularly described as follows; to wit: Beginning at a point on the east right of way of Stonewall-Tell Road, 1158-2 feet northwesterly from the centerline of Camp Road and the south land lot line of said lot 109, running thence N. 24 45[prime] 00[Prime] W. along said east right of way of Stonewall-Tell Road, a distance of 317.30 feet to a point, thence N. 86 47[prime] 00[Prime] E., a distance of 377.10 feet to a point, thence S. 6 04[prime] 40[Prime] E., a distance of 188.90 feet to a point, thence S. 65 15[prime] 00[Prime] W., a distance of 290.20 feet to the point of beginning, said property being bounded by the property of Fulton County, Georgia, on all sides and containing 1.873 acres.; and Whereas, Fulton County is willing to convey the said last described real property to the State Highway Department of Georgia in exchange for the real property first described herein. 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 Fulton County, all of the right, title and interest which the State of Georgia and the State Highway Department of Georgia has or may have in and to said real property first above described, subject to the execution by Fulton County of a deed conveying to the State Highway Department of Georgia a full and unencumbered fee simple title to said real property last above described, and delivery of said deed to the State Highway Department of Georgia. Approved April 8, 1965.

Page 562

LEASE OF LAND BY STATE BOARD OF EDUCATION AUTHORIZED. No. 91 (House Resolution No. 176-398). A Resolution. Authorizing the Georgia State Agency for Surplus Property as lessee and the State Board of Education as lessor to enter into an irrevocable lease agreement for fifteen (15) years respecting certain property located in or near the City of Swainsboro, Georgia; and for other purposes. Whereas, the Georgia State Agency for Surplus Property is desirous of using for its operations, certain premises located on Highway 57 in or near the city limits of Swainsboro, Georgia, recently transferred by the City of Swainsboro to the State of Georgia for use by the State Department of Education; and Whereas, the Georgia State Agency for Surplus Property is desirous of paying in advance, and the State Board of Education is desirous of receiving in advance, an amount equal to $9,600.00 per year for the use of said premises for a fifteen (15) year period, being a total rental of $144,000.00; and Whereas, the Georgia State Agency for Surplus Property must be assured that it will be entitled to a lease for the full fifteen (15) year period; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia State Agency for Surplus Property and the State Board of Education are hereby authorized to enter into an irrevocable lease agreement for the use of the described premises at Swainsboro for fifteen (15) years at a total rental of $144,000.00, payable in advance to the State Board of Education by the State Agency for Surplus Property. Approved April 8, 1965.

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EASEMENTS TO CITY OF WINDER. No. 92 (House Resolution No. 192-454). A Resolution. Authorizing the Governor on behalf of the State of Georgia to convey to the city council of the City of Winder, a municipal corporation, an easement for the purpose of constructing, maintaining and operating a sewer line or lines, over and through property in Barrow County, Georgia, owned by the State of Georgia and operated as a part of Fort Yargo State Park, Winder, Barrow County, Georgia; and for other purposes. Whereas, the Department of State Parks has granted a temporary permit for right-of-way for sewer line construction on Fort Yargo State Park, dated April 21, 1964, together with an addendum to said temporary permit, also dated April 21, 1964, permittee in each of said documents being the City of Winder, Georgia; and Whereas, the City Council of Winder desires to acquire an easement to maintain and operate a sewer line or lines over a parcel of land owned by the State of Georgia; and Whereas, the property of the State of Georgia involved is operated by the Department of State Parks as a part of Fort Yargo State Park, and said Department is willing to permit the construction, maintenance and operation of such sewer lines over and through the said parcels hereinafter described, subject to certain conditions hereinafter set forth; and Whereas, it is in the public interest that the State of Georgia convey to the City Council of Winder 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 to convey to the city council of Winder, its successors

Page 564

and assigns, in consideration of the permises and the sum of one dollar ($1.00) an easement for the construction, maintenance, and operation of a sewer line or lines, over, through, under and along the following described property, to wit: All that strip or parcel of land situate in Fort Yargo State Park, Barrow County, Georgia, said tract being described as follows: Bounded on the north by lands of the Department of State Parks, on the south by lands of the Department of State Parks, on the east by lands of the Department of State Parks, and on the west by lands of the Department of State Parks. The center line of said strip is more fully described as follows: Parcel No. 1: Beginning at manhole at junction of 8[Prime] and 12[Prime] City of Winder sewage line 100[prime] NNW from out-fall at Marbury Creek; thence S0-40[prime]E-250[prime]; S14-00[prime] W-450[prime]; S54-00[prime]E-200[prime]; S64-20[prime]E-500[prime]; S20-00[prime]E-225[prime]; S62-00[prime]W-275[prime]; S66-00[prime]E-200[prime]; S70-30[prime]E-200[prime]; N81-30[prime]E-800[prime]; S29-40[prime]E-365[prime]; S70-30[prime]W-235[prime]; S83-30[prime]W-300[prime]; S66-30[prime]W-200[prime]; S37-00[prime]W-250[prime]; N89-00[prime]W-200[prime]; S67-00[prime]W-350[prime]; S41-00[prime]W-400[prime]; S09-30[prime]W-300[prime]; S16-00[prime]E-300[prime]; S47-00[prime]E-200[prime]; S53-00[prime]E-120[prime]; N76-20[prime]E-175[prime]; S78-00[prime]E-155[prime]; S22-30[prime]E-190[prime]; S58-00[prime]E-120[prime]; S03-00[prime]W-400[prime]; S09-00[prime]W-400[prime]; S65-00'W-400[prime]; S22-00[prime]E-250[prime]; S46-30[prime]E-250[prime]; S32-30[prime]E-250[prime]; S49-30[prime]E-200[prime]; S64-00[prime]E-300[prime]; S48-20[prime]E-300[prime]; S68-00[prime]E-250[prime]; S78-30[prime]E-350[prime]; S15-00[prime]W-200[prime]; S72-20[prime]W-400[prime]; S37-00[prime]W-250[prime]; N83-00[prime]W-250[prime]; S35-30[prime]W-150[prime]; S14-30[prime]E-250[prime]; S42-E-275[prime]; S14-W-200[prime]; S40-30[prime]E-275[prime]; S24-E-150[prime]; S33-30[prime]E-500[prime]; S66-30[prime]E-150[prime]; thence N 82E to Russell property line. Parcel No. 2: Beginning at a point which is 400.0 feet north of north end of Highway Bridge across Marbury Creek, and is located on west edge of right-of-way of Georgia Highway No. 11; thence N50-36[prime]W-615.6[prime]; N80-32[prime]E-280[prime]; S58-13[prime]E-135.2; S20-40[prime]E-300.3[prime]; S15-00[prime]W-88[prime].

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Parcel No. 3: Beginning at a point which is located 321.7[prime] on a bearing of N50-36[prime]W from the southeast corner of plant property line marked with steel pin; thence S15-00[prime]W-270[prime] to Marbury Creek. Parcel No. 4: The center line of said strip known as Parcel No. 4 is fully described as follows: Beginning at manhole located at sta. 34+65 on existing 15[Prime] sewer line through Fort Yargo State Park; thence S-84-30[prime]E-245[prime]; S-71-30[prime]E-225[prime]; N-72-00[prime]E-160[prime]; S-64-30[prime]E-236[prime]; N-50-00[prime]E-150[prime]; N-88-00[prime]E-104[prime]; N-83-30[prime]E-220[prime]; N-59-30[prime]E-200[prime]; N-64-00[prime]E-200[prime]; N-41-00[prime]E-450[prime]; N-42-00[prime]E-143[prime] to point on State Park property line; said point is 97-8[Prime] on bearing N-42-00[prime]E to manhole located at junction of two 8[Prime] sewer lines on center line of Atlanta Avenue in City of Winder, Georgia. Be it further resolved that the said easement shall be granted subject to the following conditions: (a) That the city council of Winder 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 line or outfall ditch. (b) That the city council of Winder 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 Parks. (c) That the State of Georgia may use said premises in common with the city council of Winder for any purpose not inconsistent with or obstructive of the rights to be granted to the city council of Winder, pursuant hereto. Approved April 8, 1965.

Page 566

TRAFFIC SAFETY COMMITTEE. No. 93 (House Resolution No. 206). A Resolution. Creating an interim study committee on traffic safety; and for other purposes. Whereas, at the 1964 Session of the Georgia General Assembly, an interim committee was created to study the needs of the State of Georgia in the field of traffic safety; and Whereas, during the summer and fall months this committee undertook its study and has submitted its report to the 1965 General Assembly which contains their findings and recommendations for the needs of the State of Georgia; and Whereas, at the present Session of the General Assembly, certain items of legislation have been introduced implementing portions of the recommendations submitted by this interim study committee; and Whereas, it is desirable that additional study be devoted to this field and that some continuity be established for the effort being made in the field of traffic safety. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a Traffic 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 investigate the entire field of traffic safety and related matters thereto. The Committee shall report its findings and recommendations back to the 1966 Session of the Georgia General Assembly. The Committee members

Page 567

shall receive the compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees; provided, however, that the Committee shall not be authorized to meet more than twenty days. The funds necessary for the purposes of this Resolution shall come from the funds appropriated to or available to the Legislative Branch of Government; except that no member of the Committee not a member of the General Assembly shall be paid from such funds. Approved April 8, 1965. LAND CONVEYANCE TO BALDWIN COUNTY HOSPITAL AUTHORITY. No. 94 (House Resolution No. 233-640). A Resolution. Authorizing the conveyance of certain land in Baldwin County; and for other purposes. Whereas, the Baldwin County Hospital Authority, a public corporation authorized by law to acquire property by deed, is desirous of purchasing a tract or parcel of land as hereinafter described to be used for hospital and other purposes; and Whereas, said tract or parcel of land is owned by the State of Georgia and is presently a part of the tract or parcel of land upon which the Georgia State Training School for Boys is located; and Whereas, said tract or parcel of land is not needed in any way for the State Training School for Boys and the sale of such tract or parcel of land would not impair the operation of a State Training School for Boys or interfere with the operation of State Government; and

Page 568

Whereas, the Governor is authorized to sell said tract or parcel of land to the Baldwin County Hospital Authority for the highest amount agreed upon by three independent appraisers; and Whereas, said land is described as follows: That certain irregularly-shaped tract or parcel of land situate, lying and being on and along the northeasterly side of the northerly projection of north Cobb Street, and on and along the northeasterly side of the present right-of-way of the paved Milledgeville-Macon State Highway which is now identified as State Route Number 22, north from but near to the City of Milledgeville, in the original First Land and present 318th Militia District in Baldwin County, Georgia, it being composed and comprised of part of land lot number 282 which was originally granted by the State unto Stephen Dyche, and part of land lot number 295 which was originally granted by the State unto Thomas Polhill, the same containing an area of thirty-two (32.0) acres, and is bounded as follows: Beginning at that point on the northeasterly side of the present right-of-way of the aforesaid Milledgeville-Macon State Highway, which, at said point, is the northerly projection of said north Cobb Street, and is the extreme west property corner of the present hospital site of Baldwin County Hospital Authority as the same is shown by the map and plat thereof which is now recorded in the clerk's office of Baldwin County Superior Court in deed book number 46, at page number 394, and from said point of beginning running north 58 28[prime]30[Prime] east a distance of 1608.24 feet to a point marking a corner with land of M. Ray Hodges; thence north 80 25[prime] west a distance of 234.18 feet to a point marking another corner with land of said M. Ray Hodges; thence north 16 35[prime] east a distance of 308.88 feet to a point on the right-of-way of the Georgia Railroad and Banking Company which marks another corner with the land of M. Ray Hodges; thence north 69 40[prime] west a distance of 808.0 feet along the southwesterly side of the said railroad right-of-way to a point and corner thereon which is common to the land

Page 569

here described and to land owned and retained by the State of Georgia; thence south 41 30[prime] west a distance of 1572.0 feet along a line with land owned and retained by the State of Georgia, to a point and property corner on the northeasterly side of the present right-of-way of the aforesaid Milledgeville-Macon State Highway; and thence in a general southeasterly direction, following the curvatures of said State Highway and of said north Cobb Street, to that point on said street line marking the aforesaid point of beginning, and being the same land as described and set forth on that map or plat made from an actual survey thereof by Calvin W. Rice, Registered Georgia Land Surveyor, dated 18 February, 1965; and Whereas, it is the finding of the General Assembly of Georgia that the tract or parcel of land described herein is surplus and is not needed for State purposes; and Whereas, it is hereby determined that the within described tract or parcel of land should be conveyed to the Baldwin County Hospital Authority for and in consideration of the amount arrived at by three independent appraisers. 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 the Baldwin County Hospital Authority, their successors and assigns, for and in consideration of the amount arrived at by said three appraisers, all of the rights, title and interests the State of Georgia has in the tract or parcel of land described in this Resolution. Be it further resolved that upon ascertaining that the amount arrived at by said three appraisers has been paid into the State Treasury by the Baldwin County Hospital Authority or their successors or assigns, as set forth in this Resolution, the Governor, acting for and on behalf of the State of Georgia, be and he is hereby further authorized and empowered to execute and deliver deeds and

Page 570

other written instruments that may be necessary and in such form that may be necessary to carry out the provisions of this Resolution and to originate or continue record chain of title to the tract or parcel of land herein described. Be it further resolved that the above described tract or parcel of land shall be used by the Baldwin County Hospital Authority only for the purpose of providing hospital facilities or facilities directly related to providing hospital care. Be it further resolved that in the event the Baldwin County Hospital Authority decides at any time that such tract or parcel of land is not needed by said authority for the purposes described herein, then said tract or parcel of land shall be resold to the State of Georgia for a consideration to be arrived at by three independent appraisers. Approved April 8, 1965. LAND CONVEYANCE IN LOWNDES COUNTY. No. 95 (House Resolution No. 241-677). A Resolution. Authorizing the conveyance of a certain tract or parcel of land located in Lowndes County, Georgia, to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin; and for other purposes. Whereas, the State Highway Department of Georgia condemned a certain tract or parcel of land in Lowndes County belonging to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin; and Whereas, said tract or parcel of land is more particularly described as follows: Beginning at a point where

Page 571

the northeast existing right-of-way line of North Ashley Street intersects the survey centerline of Project PR 1432, said point further described as being located 32 feet right (northeast) of and opposite construction centerline Station 55+96 on Project F-001-1(15) running thence, N 3151[prime]30[Prime]W along said northeast existing right-of-way line of North Ashley Street to a line 40 feet left (north) of and parallel to survey centerline of Project PR 1432; thence, N 7403[prime]E along said line 40 feet left (north) of and parallel to survey centerline of Project PR 1432 to a point 40 feet left (north) of and opposite PR 1432 survey centerline Station 19+00; thence, S 1557[prime]E along a line at right angles to survey centerline project PR 1432 a distance of 80 feet to a point 40 feet right (south) of and opposite said Station 19+00 on Project PR 1432 survey centerline; thence, S 7403[prime]W along a line 40 feet right (south) of and parallel to survey centerline of Project PR 1432 to the northeast existing right-of-way line of North Ashley Street; thence N 3151[prime]30[Prime]W along said northeast existing right-of-way line of North Ashley Street to the point of beginning. Said tract of land lies in land lot no. 59 of the 11th land District of Lowndes County, Georgia, and contains 0.150 acres more or less.; and Whereas, the State Highway Department 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 Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey the same to Euna Roberts Hoye, Euna Hoye Love and Shirley Hoye Martin for, and in consideration of, the sum of $10.00 and the moral obligation of the State. Approved April 8, 1965.

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PROPOSING LEGISLATION TO PREVENT PURCHASE BY UNITED STATES OF PATENTED PRODUCTS FROM UNLICENSED SOURCES. No. 96 (Senate Resolution No. 30). A Resolution. Requesting the Georgia delegation to the United States Congress to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent from any source other than the patent owner or the holder of a manufacturing license granted by the patent owner; and for other purposes. Whereas, the Legislature of the State of Georgia is informed and believes that antibiotics and other drugs produced by certain foreign companies and manufactured from stolen drug cultures and process secrets of United States firms are finding their way into the United States and other parts of the world; and Whereas, the Federal Government's policy of purchasing drugs from unlicensed foreign sources circumvents patent laws, results in loss of tax revenues and customs receipts and has adverse effects on the nation's monetary trade balance; and Whereas, such practices affect the future of United States industrial research, of jobs on the production lines and the rights of physicians and their patients to be certain of the source of medicines used to fight disease; Now, therefore, be it resolved by the General Assembly of Georgia that the members of the Georgia delegation to the United States Congress are hereby respectfully requested to petition Congress to enact legislation making it illegal for the United States Government to purchase a commodity covered by a valid United States patent from any source other than the patent owner or the holder of a manufacturing license granted by the patent owner except

Page 573

when the Secretary of Defense determines that national security requires it. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to each member of the Georgia delegation in the United States Congress. Approved April 8, 1965. USE OF FACSIMILE OF GREAT SEAL OF GEORGIA BY NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY. No. 97 (Senate Resolution No. 32). A Resolution. To permit the use of a facsimile of the face or front of the Great Seal of the State of Georgia together with that of certain other States as a part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and for other purposes. Whereas, construction has recently been completed of a 12-story home office building for the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina; and Whereas, the cost of said building and the real estate upon which it is located exceeded 6.5 million dollars; and Whereas, the North Carolina Mutual Life Insurance Company has over 84 million dollars in assets and over 355 million dollars of insurance in force; and Whereas, the North Carolina Mutual Life Insurance Company desires permission to use a facsimile of the

Page 574

face or front of the Great Seal of the State of Georgia together with facsimiles of the Great Seals of the States in which it does business as a part of the decor in the lobby of its home office building; and Whereas, it has been represented to the General Assembly of Georgia that the lobby of said home office building of the North Carolina Mutual Life Insurance Company will be appropriately decorated so that the use of the facsimiles of the Great Seals of the State in which said Insurance Company does business could be appropriately used as part of the decor. 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 enter into an agreement with the North Carolina Mutual Life Insurance Company in behalf of itself, its successors and assigns, permitting the use of a facsimile of the face or front of the Great Seal of the State of Georgia as part of the decor in the lobby of the home office building of the North Carolina Mutual Life Insurance Company in downtown Durham, North Carolina. Be it further resolved that said agreement shall be executed in such manner that it may be recorded on the deed records of the county in which Durham, North Carolina is located and that said agreement shall contain the following provisions: (1) That notwithstanding the size, the facsimile of the face or front of the Great Seal of the State of Georgia will be in exactness in design of the Great Seal of the State of Georgia being used on January 1, 1965. (2) That the facsimile of the face or front of the Great Seal of the State of Georgia shall be on material and attached in said lobby so that it cannot be easily mutilated, defaced or carried away.

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(3) That the facsimile of the face or front of the Great Seal of the State of Georgia and the material upon which it is placed shall not be a part or parcel of the real estate or improvement upon which it is placed. (4) That said facsimile will not be used for advertising purposes, desecrated or otherwise misused, nor shall said seal be used in any way on the letterhead, correspondence or printed material of any kind of the North Carolina Mutual Life Insurance Company. (5) That the decorations of the lobby of which the facsimile is placed will at all times be in keeping with the use of the Great Seal of the State of Georgia and the other States in which said Insurance Company does business. (6) That the used of said home office building or any part thereof will not be decorated in such manner or used for such purpose as to degrade or show disrespect to the State of Georgia, its government or its Great Seal. (7) That the absolute right of the State of Georgia to rescind the permission of the use of the facsimile of the Great Seal of the State of Georgia be expressly reserved and that in the event said right is rescinded, said facsimile will be destroyed or delivered to the Secretary of State of the State of Georgia for such purposes as he may deem appropriate. Be it further resolved that a copy of said agreement be filed on the deed records in the county in which Durham, North Carolina is located, a copy be placed on the executive minutes in the Office of the Governor, and a copy be delivered to the Office of the Secretary of State and the Office of the Insurance Commissioner. Be it further resolved that the State officials named herein or such person designated by them are hereby authorized and directed to report any violation of the agreement herein authorized to the Governor and to the Secretary

Page 576

of State, and the Governor and the Secretary of State, either jointly or severally, are hereby authorized to take such appropriate action as they deem necessary. Approved April 8, 1965. REQUEST FOR CHANGE IN SOCIAL SECURITY REGULATIONS. No. 98 (Senate Resolution No. 49). A Resolution. Requesting the Secretary of Health, Education and Welfare to make changes in certain regulations; and for other purposes. Whereas, several regulations relative to Old Age and Survivors Insurance Benefits authorized by Title II of the Social Security Act provides that the last month for which a recipient is entitled to certain benefits is the month before the first month in which such recipient dies; and Whereas, many of these recipients are elderly persons, widows, and persons suffering from disabilities, and the benefits received pursuant to the provisions of Title II of the Social Security Act is their sole and only income; and Whereas, in numerous instances during the month in which such recipient dies expenses for hospitalization, medical services and medicine are incurred; and Whereas, in many instances the recipient of said benefits is confined to a nursing home and the benefits received by such recipient was the only method for paying for such confinement; and

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Whereas, for the past several years there has been a resounding cry through the Halls of the Congress of the United States for more medical aid to the elderly and disabled; Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of Health, Education and Welfare of the United States is hereby respectfully requested to make an immediate study of the regulations relating to Old Age and Survivors Insurance Benefits as authorized by the provisions of Title II of the Social Security Act, and if such study warrants that the regulations relating to such benefits be amended so as to allow such benefits to be payable to the legal representative of the recipient for the month in which such recipient dies. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to immediately forward an appropriate copy of this Resolution to Honorable Anthony J. Celebrezze, Secretary of Health, Education and Welfare, Department of Health, Education and Welfare, Washington, D. C. Be it further resolved that a copy of this Resolution be placed upon the Journals of the Senate and the House of Representatives. Approved April 8, 1965. INTERIM SCHOLARSHIP STUDY COMMITTEE. No. 99 (Senate Resolution No. 64). A Resolution. To create an Interim Scholarship Study Committee; and for other purposes. Whereas, since the adoption of the 1945 Constitution of the State of Georgia, a number of amendments to the

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Constitution have been ratified authorizing the granting of scholarships or loans, or both, including: (a) An amendment authorizing the granting of loans and scholarships to citizens wishing to obtain a medical education. Ratified 1952 (Amended by amendments to the Constitution. Ratified 1960 and 1962). (b) An amendment authorizing scholarships to physicians and other personnel desiring to take post-graduate courses in the various schools and clinics in the United States, so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. Ratified 1960. (c) An amendment authorizing grants for scholarships to qualified students who are citizens of this State and who would not otherwise have available funds necessary to obtain an education. Ratified 1958. (d) An amendment authorizing the disbursement of State funds to match federal funds in order to provide qualified employees with graduate or post-graduate educational scholarships and for use in other federal education programs. Ratified 1958. (e) An amendment authorizing grants for scholarships to resident citizens of this State who are interested in becoming teachers as are necessary for them to complete a program of study in preparation for teaching. Ratified 1958. (f) An amendment authorizing the General Assembly 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. Ratified 1964. (g) An amendment authorizing the General Assembly to provide by law for a program of guaranteed student

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loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the 12th grade. Ratified 1964; and Whereas, some of said amendments were self-implementing and some of said amendments required implementing acts before they could be administered; and Whereas, all but one of the aforesaid amendments are severally administered by the State Medical Education Board, the Director of the Department of Public Health with the approval of the State Board of Health, the Board of Regents of the University of Georgia, the State Board of Education, the State Scholarship Commission, or by the Higher Education Assistance Corporation; and Whereas, one of the aforesaid amendments would be administered severally by any State Department or Agency that disbursed funds to match federal funds in order to provide qualified employees with graduate or post-graduate scholarships, or for use in other federal education programs; and Whereas, notwithstanding the conscientious manner in which the scholarship programs named in this Resolution are being administered, it is felt by this body that the diversified manner in which the programs are being administered denies the citizens of this great State the full opportunity of being appraised of the availability and benefits of said programs; and Whereas, veteran members of the General Assembly have expressed that in voting for said amendments and implementing Acts, it was their intent for all qualified citizens of this State, who so desired, to obtain a formal education; and Whereas, it is apparent to the members of the Legislature that an exhaustive study should be made of the programs of the State of Georgia in which grants, scholarships or loans or combinations thereof, are made to students who are bona fide residents.

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Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an Interim Scholarship Study Committee to be composed of five (5) members of the Senate to be appointed by the President of the Senate (Lieutenant Governor), five (5) members of the House of Representatives to be appointed by the Speaker, and five (5) citizens of this State to be appointed by the Governor of the State of Georgia. Be it further resolved that the Committee shall be authorized to: (a) To make a comprehensive study as to whether or not the funds presently being requested and appropriated are sufficient to administer and enforce the present constitutional amendments and laws authorizing the granting of scholarships or loans, or both. (b) To study the administration and enforcement of the present laws relative to constitutional amendments and laws authorizing the granting of scholarships or loans, or both. (c) To consider the need for additional legislation relating to constitutional amendments and laws authorizing the granting of scholarships or loans, or both. (d) To study and determine whether or not the constitutional provisions and laws of the State of Georgia relative to authorizing the granting of scholarships or loans, or both, are adequate, and if such laws are not adequate, to recommend new legislation for an effective scholarship and loan program in the State of Georgia that can be administered from a State level. (e) To make recommendations as to whether or not the administration of the various programs authorized by constitutional amendments and laws should be consolidated. (f) To recommend ways and means of promoting the granting of scholarships or loans, or both, so that all

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qualified citizens of this State who so desire may obtain a formal education. (g) To make such other inquiries, studies and investigations that may be necessary to effectively carry out the purposes of this Resolution. Be it further resolved that the Committee is hereby authorized to employ the services of court reporters, stenographic reporters and secretarial assistants as is authorized by the Committee. The compensation or fees of such personnel shall be fixed and approved by the Committee. The Committee shall also be authorized to purchase or have purchased all necessary supplies, postage, telephone service and other expenses that the Committee may deem necessary. Be it further resolved that 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 fifteen (15) days per member. In the event the Governor appoints any member of said Committee who is a member of the executive branch of government or the judicial branch of government, such member shall receive said compensation, per diem, expenses and allowances from the funds from which he is otherwise compensated. The remaining members of the Committee shall receive said compensation, per diem, expenses and allowances from the funds appropriated to or available to the legislative branch of government. The funds for compensation of the personnel and the furnishing of necessary supplies, postage, telephone service and other expenses of the Committee shall be paid from the funds appropriated to or available to the legislative branch of government. The Committee shall make a report of its findings and recommendations on or before December 1, 1965, on which date the Committee shall stand abolished and shall cease to exist. Approved April 8, 1965.

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EASEMENT TO FLOYD COUNTY. No. 101 (Senate Resolution No. 90). A Resolution. Authorizing the granting of an easement across, through and over certain real property located in Floyd County, Georgia; and for other purposes. Whereas, the State of Georgia is the owner, by virtue of a deed vesting title in the State of Georgia School for Deaf, of certain real property located in Floyd County, Georgia; and Whereas, the State of Georgia School for Deaf is presently utilizing said real property, but an easement across, through and over same can be granted without detriment to the use thereof by the State of Georgia School for Deaf; and Whereas, the sum of $10.00 and an undertaking by the grantee of an easement to construct a highway across said property constitute adequate consideration for such easement. 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 to convey by deed or other instrument of conveyance to Floyd County for the consideration hereinbefore stated a permanent easement across, through and over a portion of the property owned by the State of Georgia, by virtue of a certain deed vesting title in the State of Georgia School for Deaf, said easement being more particularly described as follows: All that tract or parcel of land lying and being in land lots 931, 942, 1003, 1004, and 1013 of the 3rd land district of Floyd County, Geogia being more particularly described as follows:

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Beginning at the intersection of the property line between the lands of the Grantor and the lands now or formerly owned by Charles F. Jackson with the survey center line of Georgia Highway Project S 2379 (1) at Station 402+28; running thence westerly along said property line to the intersection of a line which is fifty (50) feet northwest of and parallel to said survey center line at a point opposite Station 402+18; thence northeasterly along said parallel line to a point opposite Station 414+50; thence northwesterly along a straight line twenty-five (25) feet to the intersection of a line which is seventy-five (75) feet northwest of and parallel to said survey center line at a point opposite said Station 414+50; thence northeasterly along said latter parallel line to a point opposite Station 419+00; thence southeasterly along a straight line twenty-five (25) feet to the intersection of a line which is fifty (50) feet northwest of and parallel to said survey center line at a point opposite said Station 419+00; thence northeasterly along said latter parallel line to a point opposite Station 426+50; thence northwesterly along a straight line fifteen (15) feet to a point opposite said Station 426+50; thence northeasterly along a line which is sixty-five (65) feet northwest of and parallel to said project survey center line to a point opposite Station 435+00 on said center line; thence southeasterly along a straight line fifteen (15) feet to a point opposite said Station 435+00; thence northeasterly along a line which is fifty (50) feet northwest of and parallel to said project survey center line to a point opposite Station 436+78 on said center line; said latter point being on a property line between the lands of the Grantor and the lands now or formerly owned by Russell Carnes; thence southerly and southwesterly along said latter property line to a point which is twenty-eight (28) feet northwest of and opposite Station 430+90 on said survey center line, said latter point being on the land lot line between Land Lot 942 and Land Lot 1003; thence easterly along said land lot line to a point which is fifty (50) feet southeast of and opposite Station 431+15 on said survey center line; thence southwesterly along a line which is fifty (50) feet southeast of and parallel

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to said project survey center line to a point opposite Station 428+50 on said center line; thence southeasterly along a straight line ten (10) feet to a point opposite said Station 428+50; thence southwesterly along a line which is sixty (60) feet southeast of and parallel to said project survey center line to a point opposite Station 426+00 on said center line; thence northwesterly along a straight line ten (10) feet to a point opposite said Station 426+00; thence southwesterly along a line which is fifty (50) feet southeast of and parallel to said project survey center line to a point opposite Station 422+38.2 on said center line; thence southeasterly along a straight line twenty (20) feet to a point opposite said Station 422+38.2; thence southwesterly along a line which is seventy (70) feet southeast of and parallel to said project survey center line to a point opposite Station 419+00 on said survey center line; thence northwesterly along a straight line twenty (20) feet to a point opposite said Station 419+00; thence southwesterly along a line which is fifty (50) feet southeast of and parallel to said project survey center line to a point opposite Station 414+00 on said center line; thence southeasterly along a straight line thirty (30) feet to a point opposite said Station 414+00; thence southwesterly along a line which is eighty (80) feet southeast of and parallel to said project survey center line to a point opposite Station 403+55.29 on said center line; thence northwesterly along a straight line thirty (30) feet to a point opposite said Station 403+55.29; thence southwesterly along a line which is fifty (50) feet southeast of and parallel to said project survey center line to a point opposite Station 402+45 on said center line, said latter point being on the first mentioned property line; thence westerly along said first mentioned property line back to the point of beginning. Also all that tract or parcel of land beginning at the intersection of the property line between the lands of the Grantor and the lands now or formerly owned by Sutherland Estate, said property line being in the center of Little Cedar Creek, with the survey center line of Georgia Highway Project S 2379 (1) at Station 446+70; running

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thence northeasterly along said property line to a point which is fifty-five (55) feet southeast of and opposite Station 447+40; thence southerly along a property line between the lands of the Grantor and the lands now or formerly owned by B. J. Beaird to a point which is seventy-five (75) feet southeast of and opposite Station 446+90; thence southwesterly along a line which is seventy-five (75) feet southeast of and parallel to said project survey center line to a point opposite Station 446+00 on said center line; thence northwesterly along a straight line twenty-five (25) feet to a point opposite said Station 446+00; thence southwesterly along a line which is fifty (50) feet southeast of and parallel to said project survey center line to a point opposite Station 443+50 on said survey center line; thence southeasterly along a straight line fifteen (15) feet to a property line between the lands of the Grantor and the lands now or formerly owned by Russell Carnes at a point opposite said Station 443+50; thence southwesterly along said latter property line to a point which is thirty (30) feet northwest of and opposite Station 441+78; thence northwesterly along another property line between the lands of the Grantor and lands now or formerly owned by Russell Carnes to a point which is fifty (50) feet northwest of and opposite Station 441+82; thence northeasterly along a line which is fifty (50) feet northwest of and parallel to said project survey center line to a point opposite Station 446+00 on said center line; thence northwesterly along a straight line twenty-five (25) feet to a point opposite said Station 446+00; thence northeasterly along a line which is seventy-five (75) feet northwest of and parallel to said project survey center line to a point opposite Station 446+50 on said center line; said latter point being on the first mentioned property line; thence easterly along said first mentioned property line back to the point of beginning. Also the right to construct a driveway easement within the driveway easement area which is shown adjacent to and abutting the required right-of-way to Georgia Highway Project S-2379 (1) in the vicinity of Station

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444+50 on the survey center line of said project. Said easement is shown and designated as `Drive Easement' on sheet #42 of the plans of said project, which plans are on file in the office of the State Highway Department of Georgia, Atlanta, Georgia. Provided, however, in the event the easement and rights herein granted shall ever cease to be used for the purposes herein described, then said easement and rights shall cease and same shall revert to the State of Georgia in fee simple. Approved April 8, 1965. OLD COURTHOUSE IN WHITE COUNTY STUDY COMMITTEE. No. 102 (Senate Resolution No. 96). A Resolution. To create an interim committee to study the feasibility of establishing the old courthouse in White County as a historical monument or State park; and for other purposes. Whereas, a new courthouse for White County has been constructed in Cleveland, Georgia, the county seat of White County; and Whereas, the old courthouse of White County will be abandoned when the county officials of White County move into the new courthouse; and Whereas, the old courthouse of White County is 105 years old; and Whereas, said courthouse has a colorful history and many citizens of the State and many civic organizations of the State have requested that said courthouse be restored

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and made into a historical monument or State park; and Whereas, the General Assembly is desirous of obtaining information relative to said courthouse in order to ascertain the feasibility of establishing the same as a historical monument or State park. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created an interim committee for the purpose of studying the feasibility of establishing the old courthouse in Cleveland, White County, Georgia, as a historical monument or State park. The Committee shall be composed of five members, one to be appointed by the President of the Senate, one to be appointed by the Speaker of the House of Representatives and three to be appointed by the Governor. The Committee shall be authorized to confer with State officials, officials of White County and other persons it deems necessary for the purpose of carrying out the purposes of this Resolution. The Committee shall also be authorized to study and ascertain the various ways that the old courthouse of White County could be utilized as a historical monument, State park or other attraction or point of interest to the citizens of the State of Georgia and the many tourists visiting the area in which said courthouse is located. The Committee shall be authorized to obtain expert advice relative to the restoring of said courthouse and the cost of the same. The Committee shall make a report of its study, recommendations and any proposed legislation on or before December 1, 1965, on which date the Committee shall stand abolished. The members of the Committee shall serve at their own expense and no costs shall be chargeable to the State, but the Committee shall be authorized to accept donations. Approved April 8, 1965.

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REPORTS OF CRUEL TREATMENT OF CHILDREN. Code 74-111 Enacted. No. 488 (House Bill No. 44). An Act to amend Code Chapter 74-1 relating to the relationship of parent to child, so as to require certain persons to report any cases of cruel treatment of children which he notices in the examination of any such children; to provide for the contents and nature of report made by such persons; to provide that any person or persons, partnership, co-partnership, firm, corporation, association, hospital or other entity participating in the making of a report or causing a report to be made or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, providing such participation shall be made in good faith; to prescribe the purposes therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 74-1 relating to the relationship of parent to child is hereby amended by adding at the end thereof following Code section 74-110, a new Code section to be known as section 74-111 to read as follows: 74-111. (a) Reports by Physicians, other treating personnel, and Institutions . Any physician, including any doctor of medicine licensed to practice under Chapter 84-9 of the Code of Georgia of 1933, as amended, licensed osteopathic physician, intern, resident, public health nurse or welfare worker having cause to believe that a child under the age of twelve brought to him or coming before him for examination, care or treatment has had physical injury or injuries inflicted upon him other than by accidental means by a parent or caretaker, shall report or cause reports to be made in accordance with the provisions of this Section; provided, however, that when the attendance of a physician with respect

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to a child is pursuant to the performance of services as a member of the staff of a hospital or similar institution he shall notify the person in charge of the institution or his designated delegate who shall report or cause reports to be made in accordance with the provisions of this section; and provided, further, that when an apparently abused child has been seen by a public health nurse or welfare worker, then said public health nurse or welfare worker shall report his or her observation to the county health officer or, if none, to any licensed physician who shall, after examination and if he concurs that the injuries were inflicted by other than accidental means, report or cause reports to be made in accordance with the provisions of this section. (b) Nature and Content of Report; to whom made . An oral report shall be made immediately by telephone or otherwise, and followed by a report in writing, to a child welfare agency providing protective services, or in the absence of such agency, to an appropriate police authority. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries (including any evidence of previous injuries), and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (c) Immunity from Liability . Any person or persons, partnership, co-partnership, firm, corporation, association, hospital or other entity participating in the making of said report or causing said report to be made pursuant to the provisions of this section or any other law, or participating in any judicial proceeding or any other proceeding resulting therefrom, shall in so doing be immune from any liability, civil or criminal, that might otherwise be incurred or imposed, providing such participation pursuant to this section or any other law shall be made in good faith. (d) Purpose . The purpose of this section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct

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of those responsible for their care and protection. This is often manifest by the infliction, other than by accidental means, of physical injury requiring the attention of a physician. It is intended that the mandatory reporting of such cases by physicians, hospitals and institutions to appropriate police authority will cause the protective services of the State to be brought to bear on the situation in an effort to prevent further abuses, protect and enhance the welfare of these children, and preserve family life wherever possible. This section shall be liberally construed so as to carry out the purposes thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. MINERAL LEASING COMMISSIONMEMBERS, ETC. No. 489 (House Bill No. 57). An Act to amend an Act creating the Mineral Leasing Commission, approved March 9, 1945 (Ga. L. 1945, p. 352), as amended, so as to increase the membership of the commission; to provide for the manner of the appointment of its additional members; to provide for the reimbursement of the expenses incurred by certain members; to prescribe certain additional duties for the commission; to authorize the commission to employ personnel; to provide that any funds made available to the commission shall be approved by the Director of the Budget; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Mineral Leasing Commission, approved March 9, 1945 (Ga. L. 1945, p. 352), as amended, is hereby amended by striking in its entirety section 1 and substituting in lieu thereof a new section 1 to read as follows:

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Section 1. There is hereby created a Mineral Leasing Commission, as an agency of the State of Georgia, to be composed of the Governor, the Secretary of State, the Attorney General, the Director of the Department of Mines, Mining and Geology, and five other members who shall be appointed by the Governor to serve at the pleasure of the Governor, from the various sections of the State, so that the State of Georgia as a whole shall be represented on said Commission. With the exception of the Secretary of State, who shall receive the compensation authorized by law for ex-officio officers, the members of the Commission shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in connection with their official duties. Members of the General Assembly shall be eligible for appointment to said Commission, but shall receive no compensation for their services. The members of the Commission shall, in addition to other duties imposed upon them, draft a standard lease forms for mineral rights and make such standard lease form available to property owners in the State of Georgia upon request. The Commission shall also cooperate to the fullest extent with the Department of Mines, Mining and Geology to promote the natural resources of this State. The Commission shall be authorized to employ such personnel as it shall deem necessary to efficiently and effectively carry out the purposes and provisions of this Act and the duties and responsibilities placed upon the Commission thereby. Any funds made available to the Commission shall be approved by the Director of the Budget. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. STATE PENAL AND REHABILITATION AUTHORITY ACT AMENDEDBONDS. No. 490 (House Bill No. 106). An Act to amend an Act known as the State Penal and Rehabilitation Authority Act, approved March 17, 1960

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(Ga. L. 1960, pp. 892-908), as amended by an Act approved February 18, 1964 (Ga. L. 1964, pp. 91-95), so as to provide for a maximum bond limitation not to exceed seven million ($7,000,000.00) dollars; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act known as the `State Penal and Rehabilitation Authority Act', approved March 17, 1960 (Ga. L. 1960, pp. 892-908), as amended by an Act approved February 18, 1964 (Ga. L. 1964, pp. 91-95), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The 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 to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed seven million ($7,000,000.00) dollars for the purpose of paying all or any part of the cost as herein defined of any one or combination of projects. Once a total of seven million ($7,000,000.00) dollars in revenue bonds has been issued, no revenue bonds shall be issued thereafter. 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 thirty (30) years from their date or dates, and 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. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965.

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PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 491 (House Bill No. 124). An Act to amend an Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p, 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), and an Act approved March 26, 1964 (Ga. L. 1964, p. 757), so as to prohibit certain members who take refunds from subsequently becoming members of the Fund; to provide for granting credit for service upon repayment of refunds; to increase the period of time during which dues may be paid for prior creditable service; to provide for the listing of all periods of prior service; to provide for the furnishing of proof of date of birth; to change the dates by which persons must become members of the Fund; to provide conditions under which prior service may be claimed; to change the period of time for which mandatory payment of dues is required; to change the period of time relative to reemployment; to provide for the deduction of disability payments from death benefits; 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 creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950,

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p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 488), an Act approved March 3, 1955 (Ga. L. 1955, p. 387), an Act approved February 27, 1956 (Ga. L. 1956, p. 314), an Act approved February 28, 1956 (Ga. L. 1956, p. 280), an Act approved March 25, 1958 (Ga. L. 1958, p. 341), an Act approved March 17, 1959 (Ga. L. 1959, p. 330), an Act approved February 12, 1962 (Ga. L. 1962, p. 39), an Act approved March 30, 1963 (Ga. L. 1963, p. 386), an Act approved April 2, 1963 (Ga. L. 1963, p. 262), and an Act approved March 26, 1964 (Ga. L. 1964, p. 757), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The Board of Commissioners is hereby given the following powers and duties: To provide for the collection of all moneys provided for in this Act; to provide for payment of all annuities and benefits to members of this fund as provided for by law; to provide for and maintain all necessary administrative facilities and personnel; to provide for payment of all administrative salaries, fees and expenses; to hear and determine applications for membership in this fund according to the terms of this Act; to hear and determine applications for disability payments, death benefits and retirement, according to the terms of this Act; to make rules, regulations and requirements consistent herewith for determining eligibility of members of said fund for disability payments, death benefits and retirement; to delegate its authority to invest funds to one or more members of the board; upon application of any person who is or has been a legally qualified member of this fund, as is provided for in this Act, to provide for refund to such member of 95% of all dues paid by said member over any and all periods of service as such member during which the nature of such services qualify as creditable services within the meaning of this Act, except that if a member takes a refund after April 1, 1965, while still employed as a peace officer, he shall thereby forfeit his rights of ever becoming

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a member of the fund again; upon application of any person who shall have received a refund of dues prior to April 1, 1965, or of any person who is not employed as a peace officer and who receives a refund of dues after April 1, 1965, to provide for reinstatement of such person, without requiring a physical examination, as a member of this fund and give credit for all periods of service for said person as a peace officer within the meaning of this Act, providing such person shall at the time of said application be a peace officer within the meaning of this Act and shall tender back to said fund all moneys and all dues previously refunded, plus regular dues for any other period of service during which such person may have served as a peace officer within the meaning of this Act (after the date he originally became a member), for which dues have not been paid, except that if such person has served eight (8) or more continuous months as a peace officer beginning on or after April 1, 1965, his rights to become a member of the fund again shall be forever forfeited; to provide for a refund of 100% of any over payment of dues paid by any person for any period of service during which it may be determined that such person was not a peace officer within the meaning of this Act and for such period of service such person is not entitled to credit; upon application of any peace officer who may apply for membership in said fund, and who may owe dues for creditable service since March 1, 1951, to allow and provide for periodic payments thereof over a period of not more than 36 months immediately subsequent to the date of his acceptance as a member; to provide for the keeping of minutes and records of all board meetings and proceedings under the terms of this Act, including all rules, regulations, delegations and requirements passed upon by said board pursuant to authority herein granted; and to exercise such other powers, not inconsistent herewith, as are necessary for the proper administration of this Act. Provided further, that said board may delegate any and all duties and authorities herein granted to the secretary-treasurer under such conditions as may be deemed proper by said board; provided, however, said board shall at all times hear and determine any matter relative hereto if it so desires, or if such matter be referred to it by the secretary-treasurer,

Page 596

or upon appeal to said board by any person affected by a decision made by the secretary-treasurer. Commissioners' powers, etc. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. Any peace officer, as herein defined, in order to obtain membership in the fund, shall make application to the board upon an application blank to be furnished for that purpose by the board. An applicant must list all periods of prior service as a peace officer and must pay seven ($7.00) dollars for each month listed subsequent to March 1, 1951. If such applicant fails to list all periods of prior service or fails to pay for all periods of prior service for which payment is required, he shall not be accepted as a member of the fund unless such failure is determined after he has been accepted as a member of the fund, in which event he shall not be allowed to remain as a member of the fund. An application must be accompanied by a report of a medical examination of such applicant, which report shall note any physical defects of such applicant, and such medical examination must have been made not more than 15 days prior to the date of such application. The board, in its discretion, may provide for an examination of such medical examination reports by a physician of the board's own choosing, and shall also have the authority to require a medical examination of any applicant by a physician of the board's own choosing. In addition to any other authority possessed by the board to reject an application for membership, it is hereby given the authority to reject an application for membership for medical reasons. An applicant must furnish proof of the date of his birth, and such proof shall be in such form as shall be required by the board. Membership. Any person who is a member of the fund at 12:01 o'clock a.m., April 1, 1965, who forfeited any prior peace officer service when he originally became a member of the fund, may claim such prior service if all of such service is claimed and payment is made for any such service subsequent to March 1, 1951. Any such member claiming such

Page 597

prior service must present a statement of such claim to the board on or before December 1, 1965, or else shall be forever barred from receiving credit for any such service. The above provisions of this paragraph relative to present members claiming prior service originally forfeited, shall also apply to former members of the fund in the event any such former member applies for reinstatement of membership in the fund. In the event any such former member desires to claim any such service, a statement must be presented to the board along with the application for reinstatement. It shall be the duty of the board to determine whether the service for which an applicant or a present member or a former member intends to seek credit is creditable under the provisions of this Act and so notify such applicant or present member or former member. Those persons who are serving as peace officers on April 1, 1965, must make application for membership in the fund on or before December 1, 1965, or shall forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Any person who, on or after April 2, 1965, becomes a peace officer, must make application for membership in the fund within eight (8) months from the date of becoming such peace officer, or forever be ineligible for membership in the fund and for any annuities or benefits provided for in this Act. Provided, however, that any person who becomes a peace officer on or after December 1, 1965, and who is 45 years of age or older, shall never be eligible for membership in the fund, and for any annuities or benefits provided for in this Act. In addition to the requirement stated hereinbefore, an application for membership shall contain such other information as may be required by the board. Any person who is a member of the fund shall pay into the fund the sum of seven ($7.00) dollars per month, not later than the 10th day of the month, for that month. Any person desiring to receive credit for creditable service after March 1, 1951, and who has not paid therefor shall pay therefor at the rate of seven ($7.00) dollars per month. Any other provisions of this Act to the contrary notwithstanding, any peace officer

Page 598

who is presently an active paying member of the fund, or any peace officer who in the future becomes an active paying member of the fund, shall be required to pay into the fund the regularly monthly amount for a minimum period of 20 years before being eligible to receive the retirement benefits provided in this Act, except that if such peace officer is otherwise eligible to retire under the terms of this Act and so desires, he may retire and the board shall deduct such monthly amount from his retirement until he has paid into the fund for such 20 year period. Any peace officer who, after once becoming a member of said retirement fund, and after withdrawing or being dropped therefrom for any reason, cannot again be considered an applicant for membership, but must apply for reinstatement in compliance with Section 5 of said Act and any lawful rules and regulations adopted by the Board of Commissioners, and, where applicable, with the provisions of this Section. Section 3. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. At the time a member qualifies for retirement payments, such member must choose one of three payment options, and upon proper application being presented by such member, upon a form to be provided by the board, the secretary-treasurer shall thereupon pay to such retired member a monthly sum based on one of the following three options: Option 1 . Single Life AnnuityMonthly Payment Level for Life of Peace Officers Only: one hundred ($100.00) dollars, if such applicant has had twenty (20) years service as a peace officer in Georgia and is 55 years of age or older. An applicant who has had twenty-five (25) years service as a peace officer in Georgia and is 60 years of age or older shall be paid the monthly sum of one hundred twenty-five ($125.00) dollars. No person shall be eligible for benefits hereunder until his official duties shall have terminated,

Page 599

unless otherwise provided in this Act, and unless he shall file an application within ninety (90) days or as soon thereafter as possible from the time of termination of his official duties as such peace officer in the State of Georgia. Provided, however, that any member of the fund who has twenty (20) years of creditable service but who has not reached the age of 55, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 55, shall be entitled to receive a monthly sum of one hundred ($100.00) dollars. Any member of the fund who has twenty-five (25) years of creditable service but who has not reached the age of 60, may cease employment as a peace officer, continue paying the regular monthly sum into the fund and upon reaching the age of 60, shall be entitled to receive a monthly sum of one hundred twenty-five ($125.00) dollars. Retirement options. Option 2 . Joint Life AnnuityMonthly Payment Level for Life of Either Husband or Wife: The amount of monthly payment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1, above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table Mortality, using 4% interest, a five year age set-back for females, and monthly payment annuity functions. Provided in the event a member's wife predeceases him then no other wife of said member shall be entitled to monthly retirement benefits. Option 3 . Joint Life Annuity50% Monthly Payment to Surviving Wife at Death of Husband: The amount of monthly payment to be paid under this Option will be based on the husband's age at retirement and the wife's age at the same date, and will be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the peace officer as provided under Option 1, above. Such actuarial equivalence shall be computed on the 1937 Standard Annuity Table of Mortality, using 4% interest, a five year age set-back for females, and monthly

Page 600

payment annuity functions. Provided in the event a member's wife should remarry subsequent to the death of said member, then the aforesaid retirement benefits payable to her under Options 2 and 3 shall cease and terminate as of the date of such marriage. Should a member's wife predecease him then no other wife of said member shall be entitled to monthly retirement benefits. It is the purpose and intent of the foregoing proviso to limit retirement payments, under Options 2 and 3 in the event of a member's death, to the wife of said member in life at the time said member qualifies for retirement benefits, and only so long as she remains a widow of such member. Nothing contained herein shall affect the provisions of this Act requiring payment into the fund for a minimum period of 20 years. Any peace officer becoming a member of the fund between April 1, 1953, and March 31, 1965, inclusive, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of three (3) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Section. Any peace officer becoming a member of the fund on or after April 1, 1965, must remain an active member and, in addition to completing the required years of service, must remit the correct amount to the fund for a period of five (5) years from the date of his becoming a member, irrespective of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Section. Provided, however, that nothing contained in this Section shall be construed to in any manner alter the requirements of Section 8 of this Act, as amended, with respect to the requirement that no peace officer shall receive credit for service after March 1, 1951, unless he has paid into the fund the amount required by this Act for all such service. Any person who after being placed on retirement, as above provided for, shall again become employed as a peace officer as that term is defined in section 8 of said Act, shall immediately notify the secretary-treasurer of said retirement fund thereof; and retirement

Page 601

benefits provided for such person shall be terminated as of the date of such reemployment and for the duration thereof. During said period of reemployment, said person shall pay regular monthly dues provided by law and shall, upon meeting requirements provided by law, be entitled to benefits provided for in Sections 12 and 13 of said Act, but not to any increase in retirement benefits that may be provided in said Act, unless such reemployment shall be for a period of five years or more, in which instance such person may again apply for retirement as if he had not previously been retired and be entitled to such benefits as may be provided by law at the time of said application for retirement, if he so chooses. Section 4. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. A peace officer, upon becoming a member of the fund, and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $2,000, or such lesser amount as might be arrived at as hereinafter provided, to such beneficiary upon the death of such peace officer. If a member has received $1,000 or more in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive $1,000 upon the death of such peace officer. If a member has received less than $1,000 in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the officer, will total $2,000. Death benefits. Any peace officer who, after lawfully becoming a member of said Annuity and Benefit Fund and while paying dues therein, shall receive an injury by external accident or violence arising out of and in the course of the employment as such officer and not resulting from willful misconduct of such officer from which injury, death of such officer shall result as the direct and proximate cause thereof, within a period of 12 months from the date thereof, the designated beneficiary of said officer shall, upon application to

Page 602

the Board of Commissioners and lawful proof of said injury and death as the direct and proximate result thereof, be paid a sum of $4,000, $2,000 of which shall be paid instanter and the balance at the rate of $100.00 per month for a period of 20 months immediately subsequent to the date of said death. Provided, however, if such peace officer received any disability benefits under the provisions of this Act, the $4,000 death benefit provided for under this Section shall be reduced in the amount of such disability benefits received. Section 5. The provisions of this Act shall become effective at 12:01 o'clock a.m., April 1, 1965. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CORPORATION ACT OF 1938 AMENDEDNAMES OF CORPORATIONS. No. 492 (House Bill No. 150). An Act to amend an Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting the present corporation laws of the State, approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess., p. 214), as amended, so as to provide that the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered pursuant to Code Title 13, as amended, shall not be used in the name of a corporation chartered under said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the chartering and empowering of corporations, and amending, revising and perfecting

Page 603

the present corporation laws of the State, approved January 28, 1938 (Ga. L. 1937-38, Ex. Sess. p. 214), as amended, is hereby amended by adding the following sentence to the end of subsection (a) of section 1: Provided, however, the name of the proposed corporation shall not include the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered pursuant to Code Title 13, as amended., so that when so amended said subsection shall read as follows: (a) The name of the proposed corporation, which name shall include the word `Company' or `Corporation', or have such word or words, abbreviation, suffix or prefix therein or thereto as will clearly indicate that it is a corporation as distinguished from a natural person, firm or partnership. Provided, however, the name of the proposed corporation shall not include the words bank, banks, banker, bankers, banking, deposit, deposits, or depositors unless chartered pursuant to Code Title 13, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. STATE BOARD OF BARBERS ACT AMENDED. Code Chapters 84-4, 84-99 Amended. No. 493 (House Bill No. 197). An Act to amend Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, as amended, so as to provide that members of the Georgia State Board of Barbers shall be appointed by the Governor with the approval of the Secretary of State; to provide

Page 604

additional powers to the Georgia State Board of Barbers; to provide that the Georgia State Board of Barbers shall have the authority to approve the curriculum of barber schools and barber colleges; to provide that the Georgia State Board of Barbers shall have the authority to approve a course of study for all barber shops; to require barber schools, barber colleges and barber shops to submit certain information to the Georgia State Board of Barbers; to provide for inspectors; to provide that certain apprentices shall be eligible to make application for an examination to entitle him to practice the occupation of a barber; to provide qualifications for such apprentices; to provide qualifications for applicants for a certificate of registration as a master barber; to provide for the training of apprentices; to provide for the supervision of apprentices and students learning the occupation of a barber; to provide for the issuance of a license to teach or instruct in a barber school or college; to provide the grounds upon which the Georgia State Board of Barbers may refuse to grant a certificate of registration or license; to provide the grounds upon which the Georgia State Board of Barbers may suspend or revoke any certificate of registration or license; to require that the certificate of registration or license issued to barbers, barber shops, barber schools or barber colleges shall be displayed in a conspicuous place; to provide that no applicant shall be issued a certificate of registration or license unless such person can pass a written examination as prescribed by the Board; to provide the manner in which certificates of registration or licenses may be renewed or reinstated; to declare that the Georgia State Board of Barbers shall be a quasi-judicial body; to provide that the members and employees thereof shall be immune from civil liability when acting in the performance of their official duties; to authorize the use of injunctions by the Georgia State Board of Barbers; to provide for the regulation of barbers, manicurists, apprentices, students, teachers, instructors, barber shops, barber schools and barber colleges as referred to in Code Chapter 84-4, as amended; to provide for definitions; to amend Code Chapter 84-99, enumerating the crimes relating to the several examining boards

Page 605

under the jurisdiction of the Joint-Secretary, State Examining Boards, as amended, so as to provide that it shall be unlawful for any person or persons, firm, company, partnership, association or corporation, or their agents, officers or directors to operate a mobile barber shop in the State of Georgia; to provide a penalty therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-4, relating to barbers, manicurists, barber shops, barber schools and barber colleges and creating a Georgia State Board of Barbers, as amended, is hereby amended by striking Code section 84-401 in its entirety and inserting in lieu thereof a new Code section 84-401 to read as follows: 84-401 . The following words when used in this Chapter shall have the following meanings, unless otherwise clearly apparent from the context: (a) `Barber' shall mean any person practicing the occupation of barbering; Definitions. (b) `Barbering' shall mean the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or mechanical appliances, singeing and shampooing the hair or dyeing the hair of any living person for compensation; (c) `Barber Shop' shall be any premises where one or more persons engage in the occupation of barbering; (d) `Manicurist' shall be defined as any person who grooms or polishes the nails of a human for compensation; (e) `Barber School' or `Barber College' shall mean any business entity that trains or instructs more than one person for compensation in the occupation of barbering.

Page 606

Section 2. Said Code Chapter is further amended by striking from Code section 84-403 the following: which Board shall be composed of three (3) members to be appointed by the Governor. and inserting in lieu thereof the following: which Board shall be composed of three (3) members to be appointed by the Governor with the approval of the Secretary of State., Members of board. and by striking from said Code section the following: shall be filled by appointment by the Governor and inserting in lieu thereof the following: shall be filled by appointment by the Governor with the approval of the Secretary of State, so that when so amended Code section 84-403 shall read as follows: Section 84-403 . The Board of Barber and Beautician Examiners is hereby abolished and a Georgia State Board of Barbers is hereby created, hereafter referred to as the Board, which Board shall be composed of three (3) members to be appointed by the Governor with the approval of the Secretary of State. To be eligible for appointment, each member shall have attained the age of twenty-one (21) years, and shall have had at least five (5) years experience as a licensed barber; and shall at the time of their appointment hold a valid license as a master barber; and shall serve for a term of three (3) years but shall be eligible to succeed themselves. The members so appointed shall each year elect a Chairman from among themselves. In the event the members cannot agree as to whom shall be Chairman the Governor shall appoint one of such members as Chairman. The Chairman so elected or appointed shall be eligible to succeed himself. All vacancies on said Board, however caused, shall be filled by appointment by the Governor with the approval

Page 607

of the Secretary of State for the remainder of the unexpired term, each member of said Board shall hold office until his successor is appointed and qualified. Persons on said Board shall not operate, possess or own any interest in a barber school or college while serving on said Board. The Board shall meet not more than thirty-six (36) days per annum for the purpose of holding examinations, adopting rules and regulations, passing of applications and qualifications or other matters pertaining to duties of said Board. The members of the Board shall be considered public officers and shall take the oath required of such officers. Section 3. Said Code Chapter is further amended by striking Code section 84-404 in its entirety and inserting in lieu thereof a new Code section 84-404 to read as follows: 84-404 . The Georgia State Board of Barbers shall have power: (1) to administer the provisions of this Chapter; (2) to make such rules and regulations as are necessary to administer the provisions of this Chapter; Powers. (3) to make rules and regulations necessary for the performance of their duties; (4) to adopt rules and regulations prescribing the sanitary requirements of barber shops and barber schools and colleges; and (5) to exercise any power usually granted to such Board, necessary to its usefulness, which is not in conflict with the Constitution and laws of this State. Rules and regulations adopted by the Board prescribing sanitary requirements for barber shops and barber schools and colleges shall be subject to approval of the State Board of Health. The Board shall cause all rules and regulations

Page 608

and any subsequent revisions thereof to be printed and at least one copy thereof transmitted to each barber shop and barber school and college registered with the Board. It shall be the duty of every person to whom a certificate of registration has been issued to operate a barber shop or a barber school or college to keep a copy of the rules and regulations relating to sanitary requirements posted in a conspicuous place in his place of business so as to be easily read by his customers. It shall be the duty of every person to whom a certificate of registration has been issued to operate a barber shop or a barber school or college to retain all other rules and regulations adopted by the Board at the place of business for which such certificate of registration was issued and cause each new barber, manicurist or other person regulated by the provisions of this Chapter to familiarize himself with such rules and regulations. Such rules and regulations shall also be exhibited to any customer requesting to see the same. Section 4. Said Code Chapter is further amended by adding after Code section 84-404 a new Code section to be known as Code section 84-404.1 to read as follows: 84-404.1 . The Board shall have authority to approve the curriculums of all barber schools and barber colleges; to provide for the revision of such curriculums; to approve courses of study for all barber shops, barber schools and colleges and provide for the revision of such courses of study and to provide rules and regulations for the supervision of all barber shops, barber schools and colleges. In prescribing the curriculum of study for students in training in barber schools or colleges and in approving or prescribing a course of study for apprentices in training in barber shops, the Board shall not approve any curriculum, course of study or training schedule for any apprentice or student that will require such an apprentice to work more than five days per week and eight hours per day or require any student to pursue his training including actual experience for more than five days per week and eight hours per day. Curriculum at barber schools.

Page 609

Section 5. Said Code Chapter is further amended by adding after Code section 84-401.1 a new Code section to be known as Code section 84-404.2 to read as follows: 84-404.2 . The Georgia State Board of Barbers shall have the authority to require the owners, agents, officers, directors or other authorized persons engaging in the business of operating barber schools or colleges or barber shops wherein apprentices are in training to submit information to the Board on a quarterly basis. Such information shall include the class schedules or hours apprentices are required to work, roster of students or apprentices, hours credited to students or apprentices, the method of grading such students or apprentices, the supervision received by such students or apprentices while in training and such additional information as the Board might require in order to ascertain that students or apprentices are receiving training that will adequately qualify them for the occupation of barbering. Same, reports. Section 6. Said Code Chapter is further amended by adding after Code section 84-404.2 a new Code section to be known as Code section 84-404.3 to read as follows: 84.404.3 . The Secretary of State of Georgia shall employ four (4) inspectors, with the approval of the Governor, who shall be employed on a full time basis and selected subject to the following regulations: To be employed as an inspector, a person shall have had at least three (3) years' experience as a master barber; and currently hold a valid license as a master barber; and shall have attained the age of twenty-one (21) years. Inspectors. Inspectors shall be compensated by such salaries as are fixed by the Secretary of State and the Secretary of State is hereby authorized within his discretion to fix and from time to time increase or decrease the salaries of said inspectors. In addition to the salaries herein provided, said inspectors shall receive actual travel expenses including mileage allowance as provided for State employees. Inspectors

Page 610

shall serve at the pleasure of the Secretary of State of Georgia and the Governor. Inspectors shall direct reports to the Board and the Joint Secretary, State Examining Boards, weekly. In all respects pertaining to their duties, inspectors shall be answerable to the Board and the Joint Secretary, State Examining Boards. The salary and expenses of inspectors shall be paid from fees collected by authority of the Board. Any inspector shall have power to enter and make reasonable examination of any barber shop, school and college in the State during business hours for the purpose of enforcing the rules and regulations of the Board and for the purpose of ascertaining the sanitary conditions thereof. Any barber shop, barber school or college in which tools, appliances and furnishings used therein are kept in an unclean and unsanitary condition, so as to endanger health, is hereby declared to be a public nuisance and the proprietor thereof shall be subject to prosecution and punishment therefor. Said Board shall have authority to require employees in such shops to annually stand a physical examination. It will not be necessary, for any person or persons operating a barber shop in a private home, to post a sign denoting same to be a barber shop unless the person or persons so elects to do so. Section 7. Said Code Chapter is further amended by striking Code section 84-409 in its entirety and inserting in lieu thereof a new Code section 84-409 to read as follows: 84-409 . Any person desiring to obtain a certificate of registration under the terms of this Chapter, shall make application through the Joint-Secretary, State Examining Boards, to the Georgia State Board of Barbers therefor, shall satisfy said Board that he is free from infectious and contagious diseases, and shall pay to said secretary an examination

Page 611

fee of thirty ($30.00) dollars, and shall present himself at the next meeting of said Board held for examination of applicants; and if upon such examination it shall be made to appear that said applicant is above eighteen (18) years of age, of good moral character, has been a resident of the State of Georgia for at least six (6) months, is free from contagious and infectious diseases, and has completed a 1500 hour study course at an accredited school, or has served as an apprentice in a barber shop for a period of at least 3,000 hours under a barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber or under an instructor who has had at least three (3) years experience and who has been a master barber for a period of at least three (3) years, and has practiced or studied the occupation of a barber and is possessed of the requisite skill in said occupation to properly perform all the duties of the occupation, including his ability in the preparation of tools, in performing the services mentioned in section 84-401, and in all the duties and services incident thereto, a certificate of registration stating that applicant is a master barber shall be issued to him entitling him to practice the occupation of a barber. Should an applicant under this section fail to pass such an examination, the said Board shall furnish him a statement in writing, stating wherein said applicant was deficient. Nothing in this Chapter shall be construed to debar applicants from making subsequent applications to qualify under this section, provided they shall again pay the required examination fee of thirty ($30.00) dollars and are otherwise qualified. All persons making application for examination under this Chapter shall, if free from infectious and contagious diseases, be allowed to practice the occupation of barbering until the next meeting of the Board held for the examination of applicants and the Board shall issue a permit authorizing him to so practice said occupation until the said meeting. Should an applicant have a license or certificate of registration in force as a practicing barber from another State, which has substantially the same requirement for licensing and registering barbers as required by this Chapter and which has reciprocal relations, pertaining to said occupation with this State, has furnished satisfactory

Page 612

proof that he is free from infectious and contagious diseases and has paid to the Joint-Secretary, State Examining Boards, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration entitling him to practice the occupation of a barber subject to the terms and provisions of this Chapter. Registration, etc. Section 8. Said Code Chapter is further amended by striking Code section 84-409.1 which reads as follows: 84-409.1 Any other provisions of this Chapter or of any other law to the contrary notwithstanding, any person who at the time this section becomes law is performing any of the functions relating to the occupation of barber, as provided in section 84-401, or who has been performing any such functions within the immediately preceding three months shall be entitled to receive a certificate of registration from the Board and shall be granted and given a certificate by the Board upon application therefor and the payment of the fee provided. Such applicant shall certify to the Board that he was engaged in the performing of such functions at anytime within the three months immediately preceding the effective date of this Section. Such application may be made to the Board at any time within three months from the effective date of this Section and upon receipt of such application and certification by the applicant and the fee, the Board shall grant such applicant a certificate of registration., Repealed. in its entirety. Section 9. Said Code Chapter is further amended by striking Code section 84-410 in its entirety and inserting in lieu thereof a new Code section 84-410 to read as follows: 84-410 . Nothing in this Chapter shall prohibit any person over the age of sixteen (16) years and who has been a resident of the State of Georgia for at least six (6) months from learning said occupation under a barber, providing said barber has had at least three (3) years experience and has for three (3) years held a license stating he is a master

Page 613

barber; or under an instructor in a barber school or college who himself has been a master barber for a period of at least three (3) years and has registered under this Chapter. Every such person desiring to so learn said occupation shall file with the Joint-Secretary, State Examining Boards, a statement in writing showing his name, address, that he has been a resident of the State of Georgia for at least six (6) months, the place of business of his employer or instructor, and shall pay to said Secretary a fee of five ($5.00) dollars, and said applicant shall receive a certificate of registration showing the capacity in which he is permitted to practice said occupation. Provided further, that any apprentice who fails to renew his or her certificate of registration on or before the 31st day of December of each year, his or her certificate of registration shall be automatically revoked and the holder of such certificate of registration shall be disqualified to pursue his training as an apprentice. No application for reinstatement or for a new certificate of registration shall be received by the Board unless such application for reinstatement is accompanied by all fees owing from the date of said revocation to the date of the application for reinstatement, the fee for the certificate of registration for the current year and a reinstatement fee of five ($5.00) dollars, all of which shall be paid to the Joint-Secretary, State Examining Board. Apprentices. Section 10. Said Code Chapter is further amended by adding after Code section 84-410 a new Code section to be known as Code section 84-410.1 to read as follows: 84-410.1 . Apprentices learning the occupation of a barber in a barber shop shall be supervised by at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber for each apprentice and no barber shop shall have more than one apprentice. Supervision of students, etc. Students learning the occupation of barbering in a barber school or college shall not render any services to the public, except to the students and faculty of such school or college, unless while rendering such services, such students

Page 614

are under the supervision of at least one barber who has had at least three (3) years experience and has for three (3) years held a certificate of registration stating he is a master barber or under the supervision of an instructor of such barber school or college who, himself, has had at least three (3) years experience and has been a master barber for a period of three years for each ten (10) students or less. Such supervisor shall not perform any other duties or pursue the occupation of barbering while performing his duties as such supervisor. Section 11. Said Code Chapter is further amended by striking from Code section 84-411 the following: Provided, further, that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint Secretary, State Examining Board, to the Georgia State Board of Barbers, for examination and shall pay to the Joint Secretary of the Examining Board, together with his or her application, the sum of thirty-five dollars ($35.00) as examination fee, and, upon said examination, shall satisfy the Board that he or she holds a current master's license and also holds a diploma or certificate of fifteen hundred (1500) hours from a recognized school, and pass an examination satisfactory to said Board:, and inserting in lieu thereof the following: Provided further, that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint Secretary, State Examining Boards, to the Georgia State Board of Barbers, for examination and shall pay to the Joint Secretary, State Examining Boards, together with his or her application, the sum of thirty-five dollars ($35.00) as examination fee, and, upon successfully passing said examination, satisfying the Board that he or she holds a current certificate of registration as a master barber, has had at least three (3) years' experience and holds a diploma or certificate showing that he has completed at least 1500 hours in a school registered

Page 615

with the Board or some other school recognized by the Board and possesses all other qualifications required by the Board, shall be issued a license to teach or instruct in a barber school or college., and by striking the last paragraph of said section which reads as follows: Provided further, those now serving as apprentices or enrolled in school shall not be required to have 1500 hours but only 1200 hours., in its entirety, so that when so amended, Code section 84-411 shall read as follows: 84-411. Except as otherwise provided in this Chapter, all barber schools or colleges shall have not less than one instructor for every thirty (30) classroom students or a fraction thereof, and all barber schools shall keep permanently displayed a sign `Barber School' or `Barber College', as the case may be: Provided, that all barbers, barber schools or colleges, who shall take an apprentice or student, shall file immediately with the Georgia State Board of Barbers through the Joint-Secretary, State Examining Boards, the name and age of such apprentice or student, and the said Board shall cause the same to be entered on a register kept by such secretary for that purpose: Provided, that any person having practiced the occupation of a barber continuously for a period of not less than three (3) years, desiring to operate or conduct a barber school or college, shall first secure from said Board a permit to do so, and shall keep the same prominently displayed in such school or college, and said Board shall have the right to pass upon the qualifications, appointments, course of study, and hours of study in said barber school or college; and the said Board shall have the right to revoke the certificate, permit, or license of any such barber school or college, instructor, or teacher therein for the violation of any of the provisions of this Chapter. The Board shall have the same power and authority as to rules, regulations, and inspection as to sanitary conditions over barber schools or barber colleges as it has

Page 616

over barber shops. All such signs referred to above shall also display the words `Service by Students Only'. Where service is rendered by students, no commissions or premiums shall be paid to such students for work done in said schools or colleges, nor shall any person be employed by such colleges or schools to render professional service to the public, and all teachers or instructors shall devote their entire time to instruction of students. Provided further, that any person desiring to teach or instruct in any barber school or barber college shall first file his or her application with the Joint-Secretary, State Examining Boards, to the Georgia State Board of Barbers, for examination and shall pay to the Joint-Secretary, State Examining Boards, together with his or her application, the sum of thirty-five ($35.00) dollars as examination fee, and, upon successfully passing said examination, satisfying the Board that he or she holds a current certificate of registration as a master barber, has had at least three (3) years experience and holds a diploma or certificate showing that he has completed at least 1500 hours in a school registered with the Board or some other school recognized by the Board and possesses all other qualifications required by the Board, shall be issued a license to teach or instruct in a barber school or college. Provided further, that any teacher or instructor shall renew his or her license each year by remitting with the application a renewal fee of twenty-five ($25.00) dollars. Provided further, that any teacher or instructor who fails to renew his or her master's license as a barber on or before the 31st day of December of each year, his or her license to teach or instruct shall be automatically revoked; and all barber schools and colleges are required to keep posted at a conspicuous place in such schools or colleges a copy of the rules and regulations adopted by the Georgia State Board of Barbers. Barber colleges, etc. Section 12. Said Code Chapter is further amended by adding after Code section 84-412.1 a new Code section to be known as Code section 84-412.2 to read as follows: 84-412.2 . The State Board of Barbers may refuse to grant a certificate of registration to any barber, manicurist

Page 617

or any person or persons, firm, company, partnership, association or corporation or their agents, officers or directors engaging in the occupation of barbering, engaging in the occupation of a manicurist or operating a barber school or college, and it shall have the power, and it shall be the duty of the Board to suspend for a specified time to be determined in the discretion of the Board or revoke any license to engage in the occupation of barbering, engage in the occupation of a manicurist or operating a barber school or college in the State of Georgia on the following grounds: Powers to refuse, etc. licenses. (1) The intentional use of any false, fraudulent or forged statement or document, or the use of any fraudulent, deceitful, dishonest or immoral practice, in connection with any of the licensing requirements as provided for in this Chapter. (2) The commission of a crime involving moral turpitude; the conviction of a crime involving moral turpitude shall be conclusive evidence of the commission of such crime and a fine or sentence based on a plea of nolo contendere shall be equivalent to conviction. For the purpose of this section a conviction, plea of guilty or plea of nolo contendere to a charge or indictment by either Federal or State Governments for income tax evasions shall not be considered a crime involving moral turpitude. (3) The practice of barbering under a false or assumed name or the impersonation of another barber of a like or different name. (4) Habitual intemperance in the use of ardent spirits, narcotics, or stimulants to such an extent as to render the licentiate unsafe or unfit for the performance of his occupation, teaching or training. (5) Use of untruthful or improbable statements, or flamboyant or extravagant claims concerning such licensee's excellence of abilities. (6) The advertising of the ability of a person as a barber or manicurist and the advertising of barber schools or colleges in any unethical or unprofessional manner.

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(7) Willful or repeated violation of any of the provisions of this Chapter or the rules and regulations of the Georgia State Board of Barbers adopted pursuant to the provisions of this Chapter. (8) Sustaining any physical or mental disability which renders any person unable to pursue the occupation of barbering, as a manicurist or to properly train or instruct apprentices or students in the occupation of barbering. (9) The performance of any dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public. (10) Knowingly performing any act which in any way assists any unlicensed person or persons, firm, company, partnership, association or corporation, or their agents, officers or directors to engage in the occupation of barbering or in the operation of a barber school or college or allowing another to use his certificate of registration to engage in the occupation of barbering or in the operation of a barber school or college. (11) Violating or attempting to violate, directly or indirectly or assisting in or abetting the violation of or conspiring to violate any provision or terms of this Chapter. Said Board may, upon satisfactory proof made, that any applicant or licentiate has been guilty of any of the offenses above enumerated, refuse to grant a license to said applicant and shall have the power, pursuant to the provisions of this Chapter relative to notice and hearing, to suspend for a specified time to be determined by the discretion of the Board, or revoke the license of, said licentiate upon a majority vote. The Joint-Secretary, State Examining Boards, is hereby vested with the power and authority to make such investigations in connection with the enforcement of the provisions of this Chapter as he, or the Georgia State Board of Barbers, or any solicitor general, may deem necessary or

Page 619

advisable; and the results of all investigations shall be reported to and the records thereof shall be kept by the Georgia State Board of Barbers. If any persons holding a license to practice barbering in this State shall by any final order of adjudication by any court of competent jurisdiction, be adjudged to be mentally incompetent or insane, the certificate of registration or license of such certificate holder or licentiate shall automatically be suspended by the Georgia State Board of Barbers upon filing with them a certified copy of such adjudication and nothing in this Chapter to the contrary notwithstanding such suspension, shall continue until the licentiate is found or adjudged by such court to be restored to reason or until he is duly discharged as restored to reason in any other manner provided by law. Section 13. Said Code Chapter is further amended by striking from the first paragraph of Code section 84-414 the following: The Board is hereby authorized and directed to issue a certificate or registration to each shop, school or college so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, school or college., and inserting in lieu thereof the following: The Board is hereby authorized to issue a certificate of registration to each barber shop and barber school or college so registering and paying such fee. The certificate of registration shall be displayed in a conspicuous place in the barber shop or barber school or college to which such certificate was issued., and by striking the last paragraph of said Code section which reads as follows: Any person or persons who are legally engaged in the operation of a barber shop, school or college at the time of

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the adoption of this Act, shall upon request to the Board and payment of the requisite fee be automatically entitled to a certificate of registration for such shop, school or college, if said request and fee is submitted within six months of the effective date of this Act. Nothing contained in this Chapter shall be construed so as to prohibit any person or persons from operating a barber shop within their homes or residences provided that they shall comply with the provisions of this Chapter., in its entirety, so that when so amended, Code section 84-414 shall read as follows: 84-414 . All barber shops shall be registered with the Joint-Secretary, State Examining Boards, by the owner or manager thereof on or before July 1st of each year. Said registration shall be made in letter form and shall include the name and location of the barber shop; the name and address of the owner; and the names and addresses of all employees of the shop at the time of registration; and shall be accompanied by a registration fee of five ($5.00) dollars for the first year of doing business and a fee of five ($5.00) dollars each year thereafter, to take effect on July 1, 1963. All barber schools and barber colleges shall register with the Joint-Secretary, State Examining Boards, by the owner or manager thereof on or before July 1, 1963, and each year thereafter. Said registration shall be made in letter form and shall include the name and location of the barber schools or colleges; the name and address of the owner; and the names and addresses of all employees of the schools or colleges at the time of registration and shall be accompanied by a registration fee of one hundred ($100.00) dollars for the first year of doing business and a fee of fifty ($50.00) dollars each year thereafter, to take effect on July 1, 1963. The Board is hereby authorized to issue a certificate of registration to each barber shop and barber school or college so registering and paying such fee. The certificate of registration shall be displayed in a conspicuous place in the barber shop or barber school or college to which such certificate was issued. Registration.

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Section 14. Said Code Chapter is further amended by adding after Code section 84-414 a new Code Section to be known as Code section 84-415 to read as follows: 84-415 . No person shall be issued a certificate of registration or license under this Chapter unless such applicant can pass a written examination, the same to be prescribed by the Board, and the decision of the Board thereupon shall be final. Any barber shop accepting an apprentice or any barber school or college accepting a student who cannot qualify for the written examination under the provisions of this Section, shall be liable for treble the amount such barber shop, barber school or college has accepted from such person as a training or tuition fee. Examination. Section 15. Said Code Chpater is further amended by adding after Code section 84-415 a new Code section to be known as Code section 84-416 to read as follows: 84-416 . Notwithstanding any other provisions of this Chapter to the contrary, all fees for certificates of registration or licenses shall be paid on or before the date provided by this Chapter. Upon failure to renew such certificate of registration or license and to pay the prescribed fee therefor on or before such dates, such certificate of registration or license shall stand automatically revoked and the holder of such certificate of registration or license shall be automatically disqualified to pursue the purposes for which such certificate of registration or license was issued. A certificate of registration or license may be reinstated by filing an application for reinstatement, satisfying the Board that applicant continues to possess the qualification or purposes for which such certificate of registration or license was issued and the payment of a fee equal to all fees owing the Board from the date of revocation to the date of the application for reinstatement, the fee for the certificate of registration or license for the current year and a reinstatement fee of five ($5.00) dollars, all of which shall be paid to the Joint-Secretary, State Examining Boards. Renewal of registration. Section 16. Said Code Chapter is further amended by adding after Code section 84-416 a new Code section to be known as Code section 84-417 to read as follows:

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84-417 . The Georgia State Board of Barbers, its agents and employees, is hereby declared to be a quasi-judicial body and the members and its employees thereof are granted immunity from civil liability when acting in the performance of their official duties. Quasi-judicial body. Section 17. Said Code Chapter is further amended by adding after Code section 84-417 a new Code section to be known as Code section 84-418 to read as follows: 84-418 . Whenever it shall appear to the Georgia State Board of Barbers that any person or persons, firm, company, partnership, association or corporation or their agents, officers or directors are or have been violating any of the provisions of this Chapter, or any other laws of the State of Georgia relating to the State Examining Boards or the occupation of a barber, manicurist, operators of a barber shop, operators of a barber college or barber school, or any other activity wherein such occupation is usually pursued, said Board may on its own motion, or on the written complaint of any person, file a petition for injunction in the name of the Board in the proper superior court of this State against any such person or persons, firm, company, partnership, association or corporation or their agents, officers or directors, for the purpose of enjoining any such violation. It shall not be necessary that the Board allege or prove that it has no adequate remedy at law. The right of injunction provided for in this Section shall be in addition to any other legal remedy which the Board has, and shall be in addition to any right of criminal prosecution provided by law. Injunctions, etc. Section 18. Code Chapter 84-99, enumerating the crimes relating to the several examining boards under the jurisdiction of the Joint-Secretary, State Examining Boards, as amended, is hereby amended by adding after Code section 84-9971 a new Code section to be known as Code section 84-9972 to read as follows: 84-9972 . Any person or persons, firm, company, partnership, association or corporation or their agents, officers or directors operating a mobile barber shop in the State of

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Georgia shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished as provided by law, unless the mobile barber shop is used solely on military reservations for personnel on maneuvers. Crimes. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. DEPARTMENT OF ARCHIVES AND HISTORYBRANCH DEPOSITORIES. Code 40-804 Amended. No. 494 (House Bill No. 217). An Act to amend Chapter 40-8 of the Code of Georgia of 1933, as amended, concerning the organization, operation and duties of the Department of Archives and History of this State, so as to authorize and empower the Secretary of State to designate and establish, as branch depositories of the Department of Archives and History, facilities occupied by non-profit historical associations organized for the purpose of collecting, preserving and diffusing information relating to the history of Georgia and which associations have been in continuous existence for a period of at least one hundred years; to provide that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the historical association involved and unless the General Assembly shall have previously made funds available to the Secretary of State for the specific purpose of supporting such branch depository; to authorize the expenditure of funds for the maintenance and operation of such branch depositories and for the preservation and safeguarding of the contents thereof; to authorize and empower the Secretary of State to enter into such contractual arrangements as he deems

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to be in the public interest for acquiring the title to or loan of historical records for use in any depository of the Department of Archives and History; to provide for the management, control and abolition of such branch depositories; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 40-804 of the Code of Georgia of 1933, relating to the powers of the Secretary of State over the Department of Archives and History, is hereby amended by inserting (a) between the title and the first sentence of such section 40-804, and such section 40-804 is further amended by adding at the end thereof a new subsection to read as follows: (b) The Secretary of State is hereby empowered to designate and establish, as a branch depository of the Department of Archives and History, facilities occupied by any non-profit historical association organized for the purpose of collecting, preserving and diffusing information relating to the history of Georgia and which association has been in continuous existence for a period of at least one hundred years; provided, however, that no such designation and establishment of a branch depository shall be made unless the Secretary of State shall obtain the prior written approval of the historical association involved and unless the General Assembly shall have previously made funds available to the Secretary of State for the specific purpose of supporting such branch depository. The Secretary of State may expend such funds as are necessary or desirable for the maintenance and operation of any such facilities and for the preservation and safeguarding of the contents thereof and for the employment of such persons as are necessary or desirable for the accomplishment of same. The Secretary of State may enter into such contractual arrangements as he deems to be in the public interest for acquiring the title to or loan of any historical records for use in such branch depository or any other depository of the Department of Archives and History. Such branch depository shall be under

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the immediate management and control of the Secretary of State. The Secretary of State may abolish such branch depository at any time. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CLERKS OF SUPERIOR COURTSSTORAGE OF RECORDS. Code 24-2714 Amended. No. 495 (House Bill No. 224). An Act to amend Code section 24-2714, relating to the duties of the clerks of the superior court, as amended, particularly by an Act approved February 16, 1960 (Ga. L. 1960, p. 120), so as to provide that materials incidental to the clerk's duties may be stored at some other location than the courthouse; to provide the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-2714, relating to the duties of the clerks of the superior court, as amended, particularly by an Act approved February 16, 1960 (Ga. L. 1960, p. 120), is hereby amended by striking subsection 1 in its entirety and substituting in lieu thereof a new subsection 1 to read as follows: 1. To keep their offices and all things belonging thereto at the county site and at the courthouse. In order to insure the safe storage of records where space at the courthouse is not available, the clerk may cause said records to be stored at some place in the county, provided said place is not more than five (5) miles from the courthouse and provided

Page 626

the clerk has the written permission of the official governing body of the county and the superior court judge of the county and provided further that public notice be given of the place of storage. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. TAX COLLECTORS AND TAX COMMISSIONERSCOMPENSATION. Code 92-5301 Amended. No. 496 (House Bill No. 226). 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 for the disposition of the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; 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

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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 striking section 3 in its entirety and inserting in lieu thereof a new section 3 to 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 per cent of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 per cent 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 per cent of all such collections, irrespective of the above and foregoing schedule and rates. Provided, however, that the governing authority of the county, by appropriate resolution, may provide that the tax collector's or tax commissioner's commission shall be 10 per cent of all taxes collected in excess of 80 per cent of the total taxes due according to the Net Tax Digest. Except as hereinafter provided, the tax collector or tax commissioner shall be entitled to and shall receive such commissions even though he is paid on a salary basis. In those counties where the tax collector or tax commissioner is paid on a salary basis, and said salary is $8,000.00 or more per annum, the tax collector or tax commissioner shall not be entitled to the commissions provided for herein unless the local Act placing the tax collector or tax commissioner on a salary, or an amendment of such Act, shall specifically provide that the tax collector or tax commissioner shall receive such commissions, in which event the tax collector or tax commissioner shall be entitled to receive such commissions as provided for herein. If such Act does not so specifically provide, such commissions shall be county funds and shall not be received by the tax collector or tax commissioner. Section 2. This Act shall become effective April 1, 1966. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. STATE HIGHWAY DEPARTMENTVEGETATION ON BANKS, FILLS, ETC. No. 497 (House Bill No. 252). An Act to provide that all contracts entered into by the State Highway Department for road work shall include a provision calling for the sowing of appropriate vegetation on all banks, fills and cuts along the right-of-way of the road project; to repeal conflicting laws; and for other purposes. Whereas, it is desirable for the State to be in the forefront of formulating and instituting programs for the promotion of soil conservation practices; and Whereas, a sound program of soil conservation results in the desirable by-products of drastically reducing stream pollution, preserving wild life, and enhancing the beautification of the State's highway system. Be it enacted by the General Assembly of Georgia: Section 1. All contracts entered into by the State Highway Department for road work shall include as a cost of the project provisions for sowing appropriate vegetation, where practical, on all banks, fills, cuts, and ditches where soil erosion is likely to result from the necessary incidents to road work along the right-of-way of the road project. The words where practical, as the same appear in this Act, are hereby defined as follows: The words where practical as they appear in this Act shall mean in all places upon said right-of-way likely to erode.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. REAL ESTATE BROKERS AND SALESMENACT AMENDED. Code Chapter 84-14 Amended. No. 498 (House Bill No. 256). An Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 572), an Act approved February 23, 1949 (Ga. L. 1949, p. 943), an Act approved February 16, 1950 (Ga. L. 1950, p. 278), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 166), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 203), an Act approved March 5, 1956 (Ga. L. 1956, p. 404), an Act approved March 6, 1956 (Ga. L. 1956, p. 402), an Act approved February 14, 1958 (Ga. L. 1958, p. 24), and an Act approved April 5, 1961 (Ga. L. 1961, p. 498), so as to require licenses and prescribe exceptions under Chapter 84-14; to define certain terms as used in said Chapter; to provide when such Chapter shall be inapplicable; to provide the procedure that must be followed by any real estate broker or salesman engaging in any transaction involving real estate or advertising any real estate to which the provisions of this Chapter or any lawful rule or regulation promulgated pursuant thereto are not applicable; to prescribe qualifications by applicants for licenses and requirements for indemnity bonds; to provide for issuance of licenses for their transfer and fees for such transfers; to prescribe an examination fee for applicants for licenses; to strike Code section 84-1416, relating to the period covered by licenses and assessments by municipalities; to provide additional grounds for suspension

Page 630

or revocation of licenses; to provide for licensing of non-resident brokers or agents on a reciprocal basis; to add a new Code section to be known as Code section 84-1422.1, relating to advertising of sub-divisions lying outside the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-14, relating to the regulation of real estate brokers and salesman, as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 572), an Act approved February 23, 1949 (Ga. L. 1949, p. 943), an Act approved February 16, 1950 (Ga. L. 1950, p. 278), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 166), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 203), an Act approved March 5, 1956 (Ga. L. 1956, p. 404), an Act approved March 6, 1956 (Ga. L. 1956, p. 402), an Act approved February 14, 1958 (Ga. L. 1958, p. 24), and an Act approved April 5, 1961 (Ga. L. 1961, p. 498), is hereby amended by striking in its entirety Code section 84-1401, relating to the requirement of licenses for real estate brokers and salesmen, as amended, by an Act approved February 22, 1943 (Ga. L. 1943, p. 572), an Act approved February 23, 1949 (Ga. L. 1949, p. 943), an Act approved February 16, 1950 (Ga. L. 1950, p. 278), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 166), and an Act approved March 5, 1956 (Ga. L. 1956, p. 404), and substituting in lieu thereof a new Code section 84-1401 to read as follows: 84-1401 . It shall be unlawful for any person, firm, partnership, association, co-partnership or corporation, whether operating under an assumed name or otherwise, to engage in the business or capacity, either directly or indirectly, of a real estate broker or real estate salesman within any county in this State, without first obtaining a license under the provisions of this Chapter. Provided, however, that it shall be unlawful for any such persons, firms, partnerships, association or corporation or co-partnership to use the words `real estate', `realty' or any other such words of like import

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in their title, when advertising or otherwise that would indicate or tend to indicate that they are engaged in the real estate business as defined in section 84-1402. Provided, however, that any person who has been actively engaged in the real estate business, either as broker or salesman, and who is actively engaged in such business on April 1, 1956 in the county in which he is a resident, if such county has not prior to such date been under the jurisdiction of the Real Estate Commission, and who makes application for a license on or before April 1, 1957, shall be entitled to a license either as broker or as salesman upon the payment of the fee required by law for such license, and shall not be required to stand the examination for such license. The provisions of this Act shall not apply to regular licensed practicing attorneys where the transaction involved the relation of attorney and client. License required, etc. Section 2. Said Chapter is further amended by striking in its entirety Code section 84-1402, relating to the definition of real estate brokers and salesmen, and substituting in lieu thereof a new Code section 84-1402, to read as follows: 84-1402. `Real Estate Broker' and `Real Estate Salesman' defined . Whenever used in this Chapter, `Real Estate Broker' means any person, association, co-partnership, firm, or corporation, who for another and for a fee, commission or other valuable consideration; (a) Sells, buys, exchanges, rents, auctions, or offers or attempts to negotiate a sale, exchange, purchase or rental, or lists or solicits prospective purchasers of any estate or interest in real estate, or collects, or offers or attempts to collect rent for the use of real estate; (b) Aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands; (c) Buys or offers to buy, sells or offers to sell, or otherwise deals in options on real estate or the improvements thereon; (d) Collects or offers or attempts to agree to collect, rental for the use of real estate or the improvements thereon;

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(e) Shall direct or assist in the procuring of prospects, or the negotiation or closing of any transaction which does, or is calculated to result in a sale, exchange, or leasing thereof, and who shall receive, expect, or be promised any compensation or valuable consideration, directly or indirectly therefor; (f) Are persons who are members of partnerships or officers or directors of corporations engaged in performing any of the aforesaid acts or services; (g) Advertises through signs, newspapers, or otherwise, as operating or conducting a real estate office or real estate business. `Associate Broker' whenever used in this Chapter shall mean: An associate broker is one who has all of the qualifications, duties, liabilities and otherwise of a licensed broker as contained and set forth in this Chapter and who is a duly licensed broker in his own right but who may pay the license fees as set forth in Section 84-1415. Provided, however, this provision shall not be construed to include the sale or subdivision into lots by the bona fide fee simple holder of any tract or parcel of land; also any person, firm or corporation subdividing a tract of land into twenty (20) or more lots, or offering for sale a tract of land already subdivided into twenty (20) or more lots, where such person, firm, or corporation sells or offers any of said lots for sale through salesmen, whether such salesmen be regularly or occasionally employed, and whether they be paid salaries or commission. Where a licensed broker operates as a partnership, an associate broker may not be required to be a partner but where a licensed broker operates as a corporation, an associate broker must be an officer thereof. `Real Estate Salesman' whenever used in this Chapter shall mean: A person employed by a licensed real estate broker to sell or offer for sale, to buy or offer to buy, to negotiate the purchase, sale or exchange of real estate, or to lease, rent or offer to lease, rent or place for rent any real estate for or on behalf of such real estate broker; also

Page 633

any person, other than bookkeepers and stenographers, employed by any real estate broker, as that term is defined in this section. Section 3. Said Chapter is further amended by striking in its entirety Code section 84-1403, relating to certain transactions shall be inapplicable, and substituting in lieu thereof, a new Code section 84-1403, to read as follows: 84-1403. Chapter Inapplicable; when . The provisions of this Chapter shall not apply to any person, firm or corporation, who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned by them; nor to persons, firms or corporations not real estate brokers or real estate salesmen holding a duly executed power of attorney from the owner for the sale, leasing or exchanging of real estate. Provided, however, that no such unlicensed persons, firms or corporation may continously engage in or perform any of the acts as defined in section 84-1402 under the pretense or guise of acting under a power of attorney so as to circumvent and evade the provisions of this Chapter. The provisions of this Chapter shall not apply to a receiver or trustee in bankruptcy, an administrator, or executor, or trustee, or any person selling real estate under order of court, or pursuant to the terms of a will, mortgage or deed of trust or deed to secure a debt. Section 4. Said Chapter is further amended by adding after Code section 84-1403 and before Code section 84-1404, a new Code section to be known as Code section 84-1403.1 to read as follows: 84-1403.1. Real Estate Brokers or Salesmen engaging in any transaction involving real estate or advertising real estate inapplicable to this Chapter; procedure when . (a) Any real estate broker or salesman engaging in any transaction involving real estate to which the provisions of this Chapter or any unlawful rule or regulation promulgated pursuant thereto are not applicable, shall, prior to engaging in and from time to time thereafter as new parties enter such transaction, inform all such parties to said transaction

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that he is a real estate broker or salesman and his entire interest in said transaction. (b) Any real estate broker or salesman advertising for sale, lease, rent or other business purpose any real estate to which advertising the provisions of this Chapter or any lawful rule or regulation promulgated pursuant thereto are not applicable shall state in such advertisement that he is a real estate broker or salesman and shall also state his interest, if any, in said real estate. Section 5. Said Chapter is further amended by striking in its entirety Code section 84-1409, relating to the qualifications of applicants for a license to act as real estate brokers and salesmen and the indemnity bond required to be given by such real estate brokers and salesmen, as amended, by an Act approved February 23, 1949 (Ga. L. 1949, p. 943), an Act approved February 16, 1950 (Ga. L. 1950, p. 278), and an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 203), and substituting in lieu thereof a new Code section 84-1409 to read as follows: 84-1409. Qualifications of applicants for licenses to act as real estate brokers or salesmen; bond to be given . License shall be granted only to persons who are trustworthy and bear a good reputation for honesty and fair dealing and are of good moral character, are graduates of accredited high schools, or its equivalent, and are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public and only after satisfactory proof thereof has been presented to the Georgia Real Estate Commission. Before any individual may be granted a broker's license he must have had a salesman's license in the State for at least twelve months (12) and must have been actively engaged in the real estate business for such period of time, and must have satisfactorily passed an examination provided by the Commission; except that in extraordinary cases the Commission may in its discretion grant a temporary certificate; and when the applicant's has previously held a broker's license or salesman's license in this State he will be eligible for reinstatement of his license upon satisfactory proof being furnished

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the Commission that he was in good standing with the Georgia Real Estate Commission at the time of his retirement from the real estate business and lapse of his license, and conditioned upon his passing an examination to be given by the Commission. All licensed brokers shall give an indemnity bond, in the amount of one thousand dollars ($1,000.00) in a form approved by the Commission, and such shall be an indemnity bond in which the broker and his surety are held and firmly bound to the Governor of the State of Georgia, in his official capacity as such and his successors in office; and the condition of this obligation is that the bond shall be subject to suit by action thereon by any person who shall sustain actionable injuries or loss or damage, and it shall be for the purpose of indemnifying any person injured, or damaged, or who may suffer loss, due to any wrongful act of any broker, his agents or employees. Said broker shall be bound under said bond to faithfully perform all of his duties as such broker so far as public citizens are concerned. Section 6. Said Chapter is further amended by adding to Code section 84-1412, relating to the issuance of licenses and pocket cards to real estate brokers and salesmen and the procedure to be followed in the event of any change in the principal business location of any licensee, as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 498), after the sentence which reads as follows: Notice in writing shall be given to the Commission by each licensee of any change in principal business location., and before the sentence which reads as follows: A change of business location without notification to the Commission shall automatically cancel the license theretofore issued., the following sentence: All licensees shall pay a transfer fee of five dollars ($5.00), such fee to accompany each notice of change of principal business location. Provided, however, that individual salesmen shall not be required to pay such fee where

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their change of principal business location is brought about by the change of address of their broker. Upon payment of the transfer fee, each licensee shall receive a new license reflecting his name and new address., so that when so amended, Code Chapter 84-1412 shall read as follows: 84-1412 . The Real Estate Commission shall issue to each new licensee a license in such form and size as shall be prescribed by the Commission. This license shall show the name and address of the licensee, and in case of a real estate salesman the license shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the Commission, and, in addition to the foregoing, shall contain such matter as shall be prescribed by the Commission. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed and shall be kept in the custody and control of such broker. It shall be the duty of such real estate broker to conspicuously display the license in his place of business. Notice in writing shall be given to the Commission by each licensee of any change in principal business location. All licensees shall pay a transfer fee of five dollars ($5.00), such fee to accompany each notice of change of principal business location. Provided, however, that individual salesmen shall not be required to pay such fee where their change of principal business location is brought about by the change of address of their broker. Upon payment of the transfer fee, each licensee shall receive a new license reflecting his name and new address. A change of business location without notification to the Commission shall automatically cancel the license theretofore issued. The Commission shall also issue to each new licensee a pocket card for the particular year in which his license was granted. This pocket card shall be of the same form and shall contain the same statements, names, addresses, and certifications as prescribed for the pocket card renewal licenses in Code section 84-1411. Licenses. Section 7. Said Chapter is further amended by adding to Code section 84-1415, relating to fees for licenses, immediately

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following subsection (2) and before the last paragraph of said section a new subsection to be known as subsection (3), so that when so amended Code section 84-1415 shall read as follows: 84-1415. Fees for licenses . The fees for licenses shall be as follows: (1) For a broker's license the annual fee shall be $25. If the licensee is a corporation the license issued to it shall entitle one official or representative thereof to engage in the business of a real estate broker within the meaning of this Chapter. For all other officers or representatives of a licensed corporation who shall engage in the business of a real estate broker within the meaning of this Chapter the annual fee shall be $10. If the licensee is a partnership the license issued to it shall entitle one member of said partnership to engage in the business of a real estate broker within the meaning of this Chapter. For every other member of such partnership the annual fee shall be $10. (2) For a salesman's license, the annual fee shall be $5. (3) The examination fee for both brokers and salesmen is $25.00 per examinee. There shall be no return of the examination fee upon failure of examination; provided, however, that should the examinee pass the examination, such examination fee shall be treated as a license fee for that year. All applications for license shall be accompanied by the license fee herein provided. All licenses shall expire upon the 31st day of December of each year. Section 8. Said Chapter is further amended by striking Code section 84-1416, relating to the fees required of brokers and salesmen and the construction of said section relative to municipalities assessing license fees, which reads as follows: 84-1416. Period covered by license fee. Assessment by municipalities . The fees required of brokers and salesmen under this Chapter shall be the full annual fee for all licenses applied for by or before June 30 of any calendar year; and

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one-half the annual fee for all licenses applied for between July 1 and December 31 of any calendar year; Provided, this section shall not be construed to prevent municipalities from assessing license fees., Repealed. in its entirety. Section 9. Said Chapter is further amended by adding to the end of Code section 84-1417, relating to the investigation of actions of real estate brokers and salesmen and the grounds for the suspension or revocation of the licenses of said brokers and salesmen, immediately following subsection (i), two new subsections to be known as subsection (j) and subsection (k), which shall read as follows: (j) Conviction in any court of competent jurisdiction of this State, any other state or federal court of forgery, embezzlement, breach of trust, larceny after trust, obtaining money or property under false pretense, extortion, fraud conspiracy to defraud, or any other offense involving moral turpitude; or Suspension, etc. of licenses. (k) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or to conspire to violate any provision or terms of this Chapter or any lawful rule or regulation made pursuant thereto. Section 10. Said Chapter is further amended by adding to Code section 84-1422, relating to reciprocal agreements providing for the licensing of nonresident real estate brokers, as amended, by an Act approved March 6, 1956 (Ga. L. 1956, p. 402), and an Act approved February 14, 1958 (Ga. L. 1958, p. 24), in the first sentence thereof after the words and punctuation mark of other states, and before the words so as to provide, the words and punctuation mark where such other states offer the same privileges to licensed brokers or salesmen of this State,, so that when so amended Code section 84-1422 shall read as follows: 84-1422 . The Georgia Real Estate Commission is hereby authorized to enter into reciprocal agreements with similar

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agencies of other states where such other states offer the same privileges to licensed brokers or salesmen of this State, so as to provide for the licensing of nonresident real estate brokers and salesmen. The commission shall license only those nonresidents who comply with the law as to giving bond as now required of resident brokers and meets all other statutory requirements of residents except that such nonresidents shall not be required to maintain a place of business in this State. The commission is hereby granted the discretion of refusing to license any nonresident, if the commission finds it would not be to the best interest of this State to do so. Any nonresident, before being so licensed, must pay the license fee required of a resident and in addition, thereto, must file with the commission an irrevocable consent that suits and actions may be instituted and tried in any county of this State in which a cause of action may arise against such person as a result of any transaction engaged in by such person as a result of his being licensed hereunder. Such consent shall further state that service of any process or pleadings may be made upon the Real Estate Commission, and shall be binding upon such person. In the event any process or pleadings are so served upon the commission or upon a deputy to be designated by it, a copy of such process or pleadings shall be made to be kept on file in the office of the commission and the process or pleadings so served shall be immediately forwarded by registered mail to the address of the person against whom said process or pleadings are directed. No default in any case shall be taken unless it shall be made to appear by affidavit of a member of the commission or a deputy designated by it, that such process or pleadings was mailed to such person as herein required, and no such default shall be taken within 20 days after the date of such mailing. Reciprocal agreements. Section 11. Said Code Chapter is further amended by adding after Code section 84-1422 and before Code section 84-1423, a new section to be known as 84-1422.1 to read as follows: 84-1422.1 . No person shall make, publish, disseminate, circulate or place before the public, in this State, in a newspaper, magazine or other publication published in this State,

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or in the form of a book, notice, handbill, poster, pamphlet, letter, sign or card distributed in this State or over any radio or television station located in this State, an advertisement announcement, statement or representation of any kind to the public relating to the sale, offering for sale, purchase, use or lease of any real estate in a subdivision located outside the State of Georgia unless the same is accompanied by a clear, concise statement of the proximity of such real estate in common units of measurement to the following services and facilities; (a) public schools; (b) public highways; (c) fresh water supply; (d) electric power; (e) stores and shops; (f) telephone service. Advertising. Section 12. The provision of the new Code section 84-1409 contained in section 5 of this Act providing that before any individual may be granted a broker's license, such individual must have had a salesman's license in the State for at least twelve months (12) shall become effective on September 1, 1965. The remaining provisions of this Act shall become effective on May 1, 1965. Effective dates. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CORPORATION ANNUAL RETURNSCONTENTS. Code 22-1703 Amended. No. 502 (House Bill No. 366). An Act to amend section 22-1703 of the Code of Georgia of 1933, as amended, requiring certain corporations to annually file returns with the Secretary of State, so as to require such corporations to include in their annual returns the name and address of the four principal officers of the corporation; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Section 22-1703 of the Code of Georgia of 1933, as amended, requiring certain corporations to annually file returns with the Secretary of State, is hereby amended by adding at the end of section 22-1703 the following figures and words: 8. Name and address of the four principal officers of the corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. OCONEE JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 503 (House Bill No. 393). An Act to amend an Act placing the solicitor general of the Oconee Judicial Circuit on a salary basis, approved March 18, 1933, (Ga. L. 1933, p. 815), as amended by an Act approved February 7, 1950, (Ga. L. 1950, p. 84), as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 320), as amended by an Act approved March 10, 1959, (Ga. L. 1959, p. 178), so as to change the compensation of the solicitor general; to provide that Bleckley County shall pay the sum of $1,200.00 per annum, that Dodge County shall pay the sum of $2,400.00 per annum, that Montgomery County shall pay the sum of $720.00 per annum, that Pulaski County shall pay the sum of $1,200.00 per annum, that Telfair County shall pay the sum of $1,200.00 per annum, and that Wheeler County shall pay the sum of $720.00 per annum, as the salary of the solicitor general of the Oconee Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the Authority of the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to wit:

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Section 1. An Act placing the Solicitor General of the Oconee Judicial Circuit on a salary basis, approved March 18, 1933, (Ga. L. 1933, p. 815) as amended by an Act approved February 7, 1950, (Ga. L. 1950, p. 84), as amended by an Act approved March 25, 1958, (Ga. L. 1958, p. 320), as amended by an Act approved March 10, 1959, (Ga. L. 1959, p. 178), is hereby amended by striking from section 2 the figures $5,820.00 wherever they appear and inserting in lieu thereof the words and figures seven thousand four hundred and forty dollars ($7,440.00), and by striking therefrom the words and figures: Bleckley County shall pay the sum of $780.00 per annum, Dodge County shall pay the sum of $1,800.00 per annum, Montgomery County shall pay the sum of $720.00 per annum, Pulaski County shall pay the sum of $900.00 per annum, Telfair County shall pay the sum of $900.00 per annum, and Wheeler County shall pay the sum of $600.00 per annum, and substituting in lieu thereof the words Bleckley County shall pay the sum of $1,200.00 per annum, Dodge County shall pay the sum of $2,400.00 per annum, Montgomery County shall pay the sum of $720.00 per annum, Pulaski County shall pay the sum of $1,200.00 per annum, Telfair County shall pay the sum of $1,200.00 per annum, and Wheeler County shall pay the sum of $720.00 per annum, so that said section 2 is so amended to read: Section 2. The salary of the solicitor general of the Oconee Judicial Circuit shall be the sum of $7,440.00 per annum; which said salary herein fixed shall be paid out of the general treasury of the several counties of said circuit in the amounts as follows: Bleckley County shall pay the sum of $1,200.00 per annum. Dodge County shall pay the sum of $2,400.00 per annum. Montgomery County shall pay the sum of $720.00 per annum. Pulaski County shall pay the sum of $1,200.00 per annum. Telfair County shall pay the sum of $1,200.00 per annum. Wheeler County shall pay the sum of $720.00 per annum. And it shall be the duty of the ordinary, county commissioner or other county authority having control of county matters in each of said counties to cause the part or portion

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of said salary so assessed against each of said counties to be paid to the solicitor general in twelve equal monthly installments in each year out of the funds of each of said counties, that is to say on the first of each month and upon regular county warrants issued therefor; and it is further made the duty of said ordinary, county commissioner or other county authority having control of county matters to make provision annually to pay said salary and said sums of money at the time and in the same manner as the expenses of the superior courts are provided, and said salary is to be included by the county authorities in the sum fixed as expenses of the superior courts, in order to pay the part or portion of salary chargeable against their respective county as herein set forth; and the power to levy taxes, if necessary for such purposes, is hereby delegated to said counties. Said salary of $7,440.00 shall be in full payment for the services of said solicitor general, for all traveling and other expenses and for all sums paid out by said solicitor general for clerical aid and legal assistants engaged or employed by him, except as provided in section 5 of this Act. Section 2. The provisions of this Act shall become effective as of March 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this law are hereby repealed. Approved April 8, 1965. MOUNTAIN JUDICIAL CIRCUITCOURT REPORTER. No. 513 (House Bill No. 703). An Act to amend an Act entitled An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases; to repeal conflicting laws; and for

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other purposes., approved March 7, 1960 (Ga. L. 1960, p. 258), so as to increase the compensation of the court reporter; to provide that such compensation shall include certain services rendered in all of the courts of the counties comprising said 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 abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases; to provide compensation and salary for the official court reporter for attendance upon court in felony cases and for reporting and transcribing felony cases; to repeal conflicting laws; and for other purposes., approved March 7, 1960 (Ga. L. 1960, p. 258), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The salary of the official court reporter of said judicial circuit shall be the sum of three thousand nine hundred ($3,900.00) dollars per annum, which salary shall be paid out of the general treasury of each one of the various counties composing said circuit upon the following basis: Habersham County, nine hundred ($900.00) dollars; Rabun County, nine hundred ($900.00) dollars; Stephens County, nine hundred ($900.00) dollars; Towns County, six hundred ($600.00) dollars; and Union County, six hundred ($600.00) dollars. It shall be, and is hereby made, the duty of the county commissioners, or other authority having control of county matters in said counties, to cause the part or portion of said salary so assessed each of said counties, to be paid to said official court reporter monthly in each year out of the funds of said counties, and upon the regular county warrants issued therefor; and it is the further duty of said county commissioners, or other county authorities having control of county matters, to make provisions annually when levying and collecting taxes for expenses of courts for the levying and collection of sufficient taxes the portion of said salary chargeable against their respective counties as hereinbefore set forth; and the power to levy taxes for such

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purposes is hereby delegated to said counties. Said salary of three thousand nine hundred ($3,900.00) dollars shall be effective as of April 1st, 1965, and shall be in full payment for all services of said official court reporter in reporting and transcribing any criminal proceedings or hearings in any of the courts of said counties, including any courts of inquiry. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. GRADE CROSSINGRESPONSIBILITY FOR BLOCKING. No. 518 (Senate Bill No. 63). An Act to provide that no member of a train crew, yard crew or engine crew of a railroad, which is a common carrier, shall be held personally responsible or found guilty of violating any State laws or of any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passenger or freight cars upon proof of certain facts; to provide that the provisions of said Act shall not relieve the employer or railroad from certain responsibility; to repeal certain laws and ordinances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No member of a train crew, yard crew or engine crew of a railroad, which is a common carrier, shall be held personally responsible or found guilty of violating any State laws or of any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that the occupying or blocking of said street, road or highway crossing-at-grade was necessary to comply with the orders or instructions

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either written or oral of his employer or its officers or supervisory officials; provided, however, that the provisions of this Act shall not relieve the employer or railroad from any responsibility placed upon said employee or railroad by any such State laws or by such municipal ordinances. Section 2. All State laws or parts of State laws and all municipal ordinances or parts of municipal ordinances in conflict with the provisions and intent of this Act to the extent of such conflict are hereby amended, superseded and repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. SECRETARY OF STATEAUTHORITY TO DESIGNATE EMPLOYEES TO ACCEPT SERVICE OF PROCESS. No. 521 (Senate Bill No. 87). An Act to amend an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, approved March 25, 1958 (Ga. L. 1958, pp. 381-382), so as to provide that such employees may accept service under any statute (now or hereafter effective) providing for service on the Secretary of State; to authorize such employees to accept service under any statute providing for service on the Commissioner of Securities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of an Act authorizing the Secretary of State to designate employees to accept service of process under any statute providing for such service on the Secretary of State, approved March 25, 1958 (Ga. L. 1958, pp. 381-382),

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is hereby amended by striking such section 1 in its entirety and inserting in lieu thereof a new section to read as follows: Section 1. The Secretary of State is hereby authorized and empowered to designate one or more of his employees as an agent for the purpose of accepting service of summons or other process under any statute (now or hereafter effective) providing for service of summons or other process upon the Secretary of State or the Commissioner of Securities. Such designation shall be in writing and all acts relative to such service by any such designee shall be as valid and binding as though performed in person by the Secretary of State or the Commissioner of Securities, as the case may be. The power and authority of any such designee shall cease immediately upon such designee ceasing to be an employee of the Secretary of State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CRIMESSTEALING SCIENTIFIC DATA, ETC. No. 522 (Senate Bill No. 90). An Act to provide that it shall be unlawful for any person to steal or unlawfully obtain or appropriate property of any value consisting of a sample, culture, microorganism, specimen, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects or records a secret, scientific or technical process, invention or formula or any phase or part thereof; to provide for penalties; to provide when a process, invention or formula is secret; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Any person who steals or unlawfully obtains or appropriates property of any value consisting of a sample, culture, microorganism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a secret scientific or technical process, invention or formula or any phase or part thereof shall be guilty of a misdemeanor, and upon conviction thereof, be punished accordingly. Section 2. As used in this Act a process, invention or formula is secret when it is not, and is not intended to be, available to anyone other than the owner thereof or selected persons having access thereto for limited purposes with his consent, and when it accords or may accord the owner an advantage over competitors or other persons who do not have knowledge or the benefit thereof. Definitions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CRIMESPOSSESSION OF TINCTURE OF CAMPHORATED OPIUM (PAREGORIC), OR CODEINE. No. 524 (Senate Bill No. 123). An Act to provide that it shall be unlawful for any person to possess more than two fluid ounces of the drug known as Tincture of Camphorated Opium, and commonly known as Paregoric; to provide that it shall be unlawful for any person to possess any preparation containing more than two grains of codeine or any of its salts; to provide for exemptions thereto; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person to have upon his person or in his possession more than two fluid

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ounces of the narcotic drug, Tincture of Camphorated Opium, which drug is commonly known as and dispensed under the name of Paregoric, and it shall also be unlawful for any person to have upon his person or in his possession any preparation containing more than two grains of codeine or any of its salts. Crime. Section 2. The provisions of this Act shall not apply to any person who shall have upon his person or in his possession an amount in excess of two fluid ounces of Tincture of Camphorated Opium, or to any person having in his possession a preparation containing more than two grains of codeine or any of its salts if the container thereof bears a label showing and denoting that the said Tincture of Camphorated Opium or codeine has been dispensed by a drug store or pharmacy stating the name of the drug store or pharmacy, the prescription number, the date thereof, the name of the licensed physician prescribing the drug, and the name of the patient for whom the prescription was issued, and provided that the name of the patient on the label must be the same as the one in possession thereof; provided, however, that such person does not have on his person or in his possession an amount in excess of the amount so prescribed by the licensed physician. Exemptions. Section 3. The provisions of this Act shall not apply to any person or his authorized agent legally licensed to dispense, prepare, or administer Tincture of Camphorated Opium or Codeine. Same. Section 4. 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. Misdemeanor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965.

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APPELLATE PRACTICECOSTS IN APPELLATE COURTS. Code 6-1702 Amended. No. 525 (Senate Bill No. 160). An Act to amend Code section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, so as to change the amount thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 6-1702, relative to costs in cases carried to the Supreme Court and to the Court of Appeals, is hereby amended by striking therefrom the figure $15, and inserting in lieu thereof the figure $30, and by striking the figure $10, and inserting in lieu thereof the figure $20, so that when so amended Code section 6-1702 shall read as follows: 6-1702. Amount of costs; payment; reception of brief in absence of payment . The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30, and in every case carried to said courts and withdrawn or dismissed on or before the same is called for argument, shall be $20. Upon filing his original brief counsel for plaintiff in error shall pay all costs due in the case, or shall file with his brief a statement that a pauper's affidavit has been duly filed. The clerk is prohibited from receiving the brief of the plaintiff in error unless the costs have been paid or a sufficient pauper's affidavit is contained in the transcript. Section 2. This Act shall become effective on August 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965.

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DEPARTMENT OF PUBLIC HEALTHBIRTH CERTIFICATES. No. 526 (Senate Bill No. 171). An Act to amend Code Chapter 88-17, providing a complete and comprehensive vital records law for the State of Georgia, so as to change the provision relative to the preparation of a certificate of adoption and the furnishing of information relative thereto; to remove the provision authorizing the Department of Public Health to disclose data contained in vital records for research purposes; to change the provision specifying to whom full certified copies of birth certificates shall be issued; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-17, providing a complete and comprehensive vital records law for the State of Georgia, is hereby amended by striking subsection (b) of Code section 88-1713 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) When such decree is granted, the clerk of the superior court shall complete said form by inserting therein all information which is disclosed by the pleadings in said case and shall sign the same. The Department of Family and Children Services shall supply the department with such additional information in their possession as may be required by the department. Section 2. Said Code Chapter is further amended by striking subsection (b) of Code section 88-1723 which reads as follows: (b) The Department may authorize the disclosure of data contained in vital records for research purposes., Repealed. in its entirety, and by renumbering subsections (c), (d), (e) of said Code section as subsections (b), (c), (d), respectively.

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Section 3. Said Code Chapter is further amended by striking from subsection (b) of Code section 88-1724 the following: (4) the superior court upon its order; and (5) any governmental agency, state or federal, provided such certificate shall be needed for official purposes., Repealed. and inserting in lieu thereof the following: and (4) the superior court upon its order., so that when so amended subsection (b) of Code section 88-1724 shall read as follows: (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; and (4) the superior court upon its order. Full certified copies. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. TEACHERS' RETIREMENT SYSTEM OF GEORGIA ACT AMENDED. No. 530 (Senate Bill No. 184). An Act to amend an Act creating the Teachers' Retirement System of Georgia, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to further define earnable 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, approved March 19, 1943 (Ga. L. 1943,

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p. 640), as amended, is hereby amended by adding at the end of subsection 13 of section 1 the following: All monies paid by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the Teachers' Retirement System, and also for the purpose of computing any benefits or allowances payable under this Act., so that when amended, said subsection 13 of section 1 shall read as follows: (13). `Earnable compensation' shall mean the full rate of regular compensation payable to a member teacher for his full normal working time; in cases where a compensation includes maintenance, the board of trustees shall fix the value of that part of the compensation not paid in money. All monies paid by a member into any plan of tax sheltered annuity shall be included as earnable compensation for the purpose of computing any contributions required to be made to the Teachers' Retirement System, and also for the purpose of computing any benefits or allowances payable under this Act. Earnable compensation defined. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1965. CLAIMS ADVISORY BOARD ACT AMENDEDTIME OF FILING CLAIMS. No. 534 (Senate Bill No. 91). An Act to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), so as to change the provisions relative to the time limitation on filing notices of claims and the introduction of resolutions; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), is hereby amended by adding in section 2 at the end of the second sentence thereof the following: ,if the event giving rise to a claim against the State occurred prior to the 5th day of November. If said event occurred subsequent to the 5th day of November, immediately preceding the introduction of such resolution, a notice of claim shall be filed as herein provided, within 10 days after the occurrence of said event., and by striking in its entirety the third sentence of said section and substituting in lieu thereof the following: No such resolution may be introduced later than 15 days prior to adjournment of the General Assembly., so that when so amended section 2 shall read as follows: Section 2. Any resolution relative to a claim against the State or any of its departments or agencies must be introduced in the House of Representatives. No such resolution may be introduced unless a notice of claim has been filed with the Board on or before the 15th day of November immediately preceding the introduction of such resolution, if the event giving rise to a claim against the State occurred on or before the 5th day of November. If said event occurred subsequent to the 5th day of November, immediately preceding the introduction of such resolution, a notice of claim shall be filed as herein provided, within 10 days after the occurrence of said event. No such resolution may be introduced later than 15 days prior to adjournment of the General Assembly. The Board shall provide forms to be used in filing a notice of claim and shall make them available for such purpose. When such notice is filed, the Board shall inform the person filing such notice, in writing, the information it will require in order to take action on such claim. Such information may include accident reports, affidavits, statements, bills, receipts, letters, documents, and any other supporting material or data deemed necessary by the Board.

Page 655

All such information must be filed with the Board prior to the introduction of the resolution. Section 2. Said Act is further amended by striking in its entirety the last sentence of section 5. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1965. CLAIMS ADVISORY BOARD ACT AMENDEDCRIMES. No. 535 (Senate Bill No. 195). An Act to amend an Act creating the Claims Advisory Board, approved April 12, 1963 (Ga. L. 1963, p. 624), so as to provide that it shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State official or employee to receive any fee, money, gift, or any other thing of value, other than their regular compensation and allowances which they receive from State funds, in connection with any claim; to provide for a penalty; to provide for a statement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Claims Advisory Board approved April 12, 1963 (Ga. L. 1963, p. 624), is hereby amended by adding a new section to be known as section 6A to read as follows: Section 6A. It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State official or employee to receive any fee, money, gift, or any other thing of value, other than their regular compensation and allowances which they receive from State funds, in connection with any claim presented to the Claims Advisory Board. Any person violating

Page 656

the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 2. Said Act is further amended by adding a new section to be known as section 6B to read as follows: Section 6B. The check issued to any person, firm, association or corporation as payment for any claim pursuant to the provisions of this Act shall have attached thereto the following statement: `It shall be unlawful for any member of the Claims Advisory Board, any member of the General Assembly, or any State official or employee to receive any fee, money, gift, or any other thing of value, other than their regular compensation and allowances which they receive from State funds, in connection with any claim presented to the Claims Advisory Board.' Notice. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1965. ELECTION CODE AMENDEDCOUNT, ETC. WHERE PAPER BALLOTS USED. Code 34-1321 Amended. No. 537 (Senate Bill No. 12). An Act to amend Code section 34-1321, relating to the count and return of votes in election districts in which ballots are used, so as to provide that assistant managers and poll officers designated by the chief manager shall assist in reading the names of candidates marked or written upon ballots, together with the office for which the person named is a candidate, and the answers contained

Page 657

on the ballots to questions submitted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1321, relating to the count and return of votes in election districts in which ballots are used, is hereby amended by adding in the third line of subsection (a) after the words Then the chief manager, the following: together with such assistant managers and other poll officers as the chief manager may designate, so that when amended Code section 34-1321 shall read as follows: Section 34-1321. Count and return of votes in districts in which ballots are used . (a) After the polls close at 7:00 o'clock p.m. and as soon as all the ballots have been properly accounted for, and those outside the ballot box, as well as the voters certificates, numbered list of voters and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. The ballots shall then be counted one by one, and a record made of the total number. Then the chief manager, together with such assistant managers and other poll officers as the chief manager may designate, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any, and the other assistant manager and clerks shall carefully enter each vote as read, and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person while handling the ballots shall have in his hand any pencil, pen, stamp or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to

Page 658

canvass and compute the votes cast, and shall not adjourn or postpone the canvass or computation until it shall have been fully completed. (b) When the vote cast for the different persons named upon the ballots and upon the questions, if any, appearing thereon, shall have been fully recorded in the tally papers and counted, the poll officers shall duly certify to the number of votes cast for each person and question, and shall prepare in ink a sufficient number of general returns, showing, in addition to the entries made thereon as aforesaid, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, and the number of ballots spoiled and cancelled, and and any blank ballots cast, as well as the votes cast for each candidate. At elections, the number of votes cast for each candidate by each political party or body of which such candidate is a nominee shall be separately stated. (c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1965. ELECTION LAWS STUDY COMMITTEE. No. 105 (House Resolution No. 156). A Resolution. Creating the Election Laws Study Committee; and for other purposes. Whereas, the application of the Georgia Election Code, approved June 24, 1964 (Ga. L. 1964, Ex. Sess., p. 26, et seq.), is limited to federal, state and county primaries and

Page 659

elections and does not include municipal primaries and elections; and Whereas, it is in the public interest for the application of the Georgia Election Code to be extended to include municipal primaries and elections so that all primaries and elections conducted in this State will be held under the same law; and Whereas, the members of the Election Laws Study Committee, created by a Resolution, approved April 12, 1963 (Ga. L. 1963, pp. 492-494), which expired by operation of law on January 15, 1965, are well qualified to conduct studies and hold hearings in order to prepare proposed amendments to the Georgia Election Code for the purpose of extending its application to include municipal primaries and elections; Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a body to be known as the Election Laws Study Committee composed of the same persons who on January 14, 1965, were members of the Election Laws Study Committee, created by a Resolution approved April 12, 1963 (Ga. L. 1963, pp. 492-494); except that the positions on the Committee held by the persons who were appointed thereto as members of the General Assembly and who are not now serving as members of the General Assembly are hereby declared vacant. Each such vacancy and any future vacancy occurring in the membership of the Committee (except those positions held by the Secretary of State and the Attorney General) shall be filled by appointment of the officer who appointed the last person to hold such vacated position. The members shall meet within thirty days after this Resolution becomes effective for the purpose of organizing, electing a Chairman, a Secretary and such other officers as deemed advisable. The Committee shall adopt its own procedures for its operation. The Committee shall conduct a study of the election laws of this State and other states, and all laws relating

Page 660

directly or indirectly to such election laws for the purpose of preparing proposed amendments to the Georgia Election Code for the purpose of extending its application to include municipal primaries and elections. The Committee is authorized to hold public hearings if deemed advisable. In order to perform its duties more efficiently, the Committee is authorized to employ clerical help and a research staff subject to the approval of the Governor, and fix the compensation therefor. It is authorized to have its reports printed if deemed desirable, and shall make such distribution thereof as deemed advisable. The Chairman may appoint subcommittees, and the Committee may adopt any procedures which it feels will enable it to carry out its purposes. The Committee is authorized to obtain such material, supplies and equipment as it deems necessary to carry out its purposes. The Committee shall make a report of its findings and recommendations to the 1966 Regular Session of the General Assembly on or before January 14, 1966, on which date the Committee shall be abolished. The members of the Committee, other than the Secretary of State and the Attorney General, shall receive compensation, per diem expenses and allowances authorized for members of interim legislative committees. The Secretary of State and the Attorney General shall receive no additional compensation, but shall receive actual and necessary expenses relating to their services on the Committee. The Committee shall be authorized to meet for a total of ten days; provided, however, that upon request of the Governor and the approval of the Speaker of the House of Representatives 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.

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All laws and parts of laws in conflict herewith are hereby repealed. Approved April 13, 1965. FARMERS' MARKETSLEASES. No. 538 (House Bill No. 192). An Act to amend an Act providing for the establishment of farmers' markets, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 45), so as to authorize the Commissioner of Agriculture to enter into leases of land utilized for farmers' markets upon which the lessee agrees to construct capital improvements; to provide that such leased property shall be used for the purchase, storage or sale of agricultural products or other types of food products; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment of farmers' markets, approved February 25, 1935 (Ga. L. 1935, p. 369), as amended, particularly by an Act approved February 13, 1956 (Ga. L. 1956, p. 45), is hereby amended by adding a new section to be known as section 4B to read as follows: Section 4B. The Commissioner of Agriculture is hereby authorized to enter into lease contracts upon land utilized for farmers' markets, provided the lessee under any such contract shall agree to make capital improvements on such leased property, and provided further, that such lessee shall use such leased property for the purchase, storage or sale or for the purchase, storage and sale of agricultural products grown on the farm or other types of food products. Such lease may not be for longer than 20 years, and all such capital

Page 662

improvements shall become the property of the State at the end of such lease. The Commissioner of Agriculture must approve all plans for such capital improvements and any such lease contract shall contain provisions relative to terms, rates, method and amount of payments, and all such other provisions as shall be deemed by the Commissioner to be necessary and advisable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1965. GAME AND FISH ACT AMENDEDTAKING OF ROUGH FISH IN CERTAIN COUNTIES. No. 539 (House Bill No. 619). 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 3, 1962 (Ga. L. 1962, p. 477), so as to change the provisions in regard to the use of baskets for the taking of rough fish; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the laws of this State relative to Game and Fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 477), is hereby amended by adding at the end of subsection (a) of section 87 a new paragraph to read as follows: Rough fish may be taken by the use of the above mentioned baskets in artificial impoundments, and the streams and lakes of any county in the State having a population of not less than 12,000 nor more than 12,100 according to the 1960 decennial census or any future census. Where applicable, etc.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1965. STATE PROPERTIES CONTROL CODE AMENDED. Code Chapter 91-1A Amended. No. 540 (House Bill No. 272). An Act to amend the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, pp. 146-158), so as to provide the procedure for acceptance or rejection by the General Assembly of lease instruments; to clarify that the Commission created by the State Properties Control Code is known as the State Properties Control Commission; to correct certain typographical errors; to further define said Commission's powers, duties, and procedures, including removing said Commission from the provisions of the Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 91-102A of the State Properties Control Code, approved February 21, 1964 (Ga. L. 1964, pp. 146-158), relating to definitions, is hereby amended by striking the word if from clause (ii) of subsection (d) of the said section 91-102A. Code 91-102A amended. Section 2. Section 91-103A of the said State Properties Control Code, relating to the creation, membership and organization of the Commission created by such Code, is hereby amended by striking the words There is hereby created within the Executive Branch of State Government a body to be known as the `State Real Properties Control Commission'

Page 664

which from subsection (a) of the said section 91-103A in their entirety and inserting in lieu thereof the words There is hereby created a body to be known as the `State Properties Control Commission' which. Code 91-103A amended. Section 3. Section 91-104A of the said State Properties Control Code, relating to the powers and duties of the State Properties Control Commission, is hereby amended by striking the punctuation and words; 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; from subsection (b) of the said section 91-104A in their entirety and inserting in lieu thereof the punctuation and words, provided, however, that in the case of property having a fair market value in excess of $50,000, one of such appraisals shall be made by a qualified national appraisal agency, and provided further, that in the case of the railroad property of the Western and Atlantic Railroad, the appraisal (other than the one required to be made by such national appraisal agency) may be comprised of the latest valuation report concerning such property as prepared by the Interstate Commerce Commission;, and by adding at the end thereof the following: Code 91-104A amended, appraisals, etc. (1) The State Properties Control Commission shall not be subject to the provisions of the Act known as the `Georgia Administrative Procedure Act', approved March 10, 1964 (Ga. L. 1964, p. 338), as amended. Section 4. Section 91-109A of the said State Properties Control Code, relating to the competitive bidding procedure concerning certain leases and the acceptance or rejection of bids by the General Assembly, is hereby amended by striking the last sentence of subsection (d) as follows: 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. and inserting in lieu thereof the following:

Page 665

A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate., Code 91-109A amended, leases, etc. so that when so amended subsection (d) of Code section 91-109A shall read as follows: (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. A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. Section 5. Section 91-109A of the said State Properties Control Code, relating to the competitive bidding procedure concerning certain leases and the acceptance or rejection of bids by the General Assembly, is hereby amended by striking subsection (e) of said section, which reads as follows: (e) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such

Page 666

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 bids shall be deemed rejected., in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) If the aforesaid resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, 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. Code 91-109A amended, same. Section 6. Section 91-110A of the said State Properties Control Code, relating to the negotiation of a lease of the Western and Atlantic Railroad property and the acceptance or rejection of any offer concerning same by the General Assembly, is hereby amended by striking the last sentence of subsection (b) of said section as follows: 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., and inserting in lieu thereof the following: A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is

Page 667

attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. Code 91-110A amended, leases, etc. so that when so amended subsection (b) shall read as follows: (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. A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate. Section 7. Section 91-110A of the said State Properties Control Code, relating to the negotiation of a lease of the Western and Atlantic Railroad property and the acceptance or rejection of any offer concerning same by the General Assembly, is hereby amended by striking subsection (c) of said section, which reads as follows: (c) If each House of the General Assembly during such regular session shall by a majority roll call vote accept such

Page 668

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., in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) If the aforesaid resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, 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. Code 91-110A amended, same. Section 8. Section 91-115A of the said State Properties Control Code, relating to the negation of revivor, is hereby amended by striking the figure 91-113A from the said section and inserting in lieu thereof the figure 91-114A. Code 91-115A amended. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1965. AUDITS OF LOCAL SCHOOL SYSTEMS. Code 40-1812 Amended. No. 542 (Senate Bill No. 139). An Act to amend Code section 40-1812, relating to the duty of the Department of Audits and Accounts to thoroughly

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audit and check the books and accounts of the county superintendents of schools and treasurers of local school systems, of municipal systems, of the several units of the University System and all other schools receiving State aid, so as to provide that notwithstanding any other provisions of said section, the local boards of education of the several county, independent and area public school systems of this State shall be authorized to have an audit made of the books, records and accounts of the public school system over which any such board has jurisdiction; to provide that said local boards of education shall be authorized to employ certified public accountants of this State to make said audits and to expend funds for such audit which are received by any such board for educational purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 40-1812, relating to the duty of the Department of Audits and Accounts to thoroughly audit and check the books and accounts of the county superintendents of schools and treasurers of local school systems, of municipal systems, of the several units of the University System and all other schools receiving State aid, is hereby amended by adding a new paragraph at the end of said Code section to read as follows: Notwithstanding any other provisions of this section, the local boards of education of the several county, independent and area public school systems of this State, as now or hereafter established pursuant to provisions of law, shall be authorized to have an audit made of the books, records and accounts of the public school system over which any such board has jurisdiction. Said local boards of education shall be authorized to employ certified public accountants of this State to make said audits and to expend funds for such audit which are received by any such board for educational purposes., so that when so amended said section shall real as follows: 40-1812. Audit of books and accounts of State University

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and branches, county superintendents of schools, schools receiving State aid, audit of books, records and accounts of public school systems, etc. It shall be the duty of the Department of Audits and Accounts to thoroughly audit and check the books and accounts of the county superintendents of schools and treasurers of local school systems, of municipal systems, of the several units of the University System and all other schools receiving State aid and making regular and annual reports to the State Superintendent of Schools, showing the amount received, for what purpose received, and for what purposes expended. All such funds held by officials must be kept in banks separate from their individual bank accounts. Notwithstanding any other provisions of this section, the local boards of education of the several county, independent and area public school systems of this State, as now or hereafter established pursuant to provisions of law, shall be authorized to have an audit made of the books, records and accounts of the public school system over which any such board has jurisdiction. Said local boards of education shall be authorized to employ certified public accountants of this State to make said audits and to expend funds for such audit which are received by any such board for educational purposes. All audits of such public school systems shall be conducted in conformity with generally accepted standards and principles of governmental accounting and auditing and shall be subject to the standards, rules and ethics promulgated by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The audit report shall include the auditor's unqualified opinion upon the presentation of the financial position and the results of the operations of the public school system which is audited. If the auditor is unable to express an unqualified opinion, he shall so state and shall further detail the reasons for qualification or disclaimer of opinion including recommendations necessary to make possible future unqualified opinions.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 15, 1965.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1965 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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SAVANNAH PORT AUTHORITY. Proposed Amendment to the Constitution. No. 2 (House Resolution No. 117-149). A Resolution. Proposing an amendment to Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, relating to the Savannah District Authority, so as to change the name of said authority to Savannah Port Authority; to prescribe that the number of members thereof shall be increased from ten to nineteen members who shall serve for periods of not less than one nor more than five years; to confirm and declare that the statutory body bearing either of said names is one and the same body as the said constitutional authority; to confirm title to property in said authority acquired in either name before or after the adoption on November 4, 1952, of said constitutional amendment; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes. Be it resolved by the General Assembly of Georgia. Section 1. Article V of the Constitution is hereby amended by striking from Paragraph II of Section VII the words Savannah District Authority as they appear in the first paragraph of said Paragraph II and substituting in lieu thereof the words Savannah Port Authority, by striking the first sentence of the second paragraph of said Paragraph II and substituting in lieu thereof the following sentence: The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment., Members. by adding at the end of the third paragraph of said Paragraph II the following sentence:

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Title to all lands, acquired by the statutory body named `Savannah Port Authority' and renamed `Savannah District Authority', owned by said statutory authority at the time of its elevation to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authority hereby named `Savannah Port Authority', which authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name., Title to lands. and by adding at the end of said Paragraph II the following: All acts of the persons now sitting, and who have sat, as members of the Savannah District Authority, and acts of those members holding over under the Act of 1961 (Ga. L. 1961, p. 2958), are hereby affirmed and ratified., so that when so amended Paragraph II of Section VII of Article V shall read as follows: Name. Paragraph II. There is hereby created a body corporate and politic to be known as the Savannah Port 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 Chatham County and the City of Savannah. The authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment. Said authority shall elect a chairman, and a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the authority. Said members shall be appointed as provided by law and shall have such powers and duties as may be prescribed by the General Assembly and shall receive such additional powers as may be delegated to said authority by the County of Chatham or the City of Savannah.

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All lands the title to which is vested in said authority, and the improvements thereon, shall be exempt from State and local taxation. Title to all lands, acquired by the statutory body named `Savannah Port Authority' and renamed `Savannah District Authority', owned by said statutory authority at the time of its elevation to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authority hereby renamed `Savannah Port Authority', which authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory authority of like name. Said authority is created for the purpose of developing industrial growth and expansion and for the purpose of making long range plans for the coordination of commerce, industry and traffic within its territorial limits and shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Chatham or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time confer. Said authority is created for the purpose of promoting for the public good industrial growth and expansion and planning as aforesaid without profit and any funds realized by said authority shall be continually and constantly expended for the development of industry and commerce and long range planning of traffic and facilities for the purpose of coordinating the same as set forth in the Act of the General Assembly creating said authority. All acts of the persons now sitting, and who have sat, as members of the Savannah District Authority, and acts of those members holding over under the Act of 1961 (Ga. L. 1961, p. 2958), are hereby affirmed and 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

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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: YES () NO () Shall the Constitution of the State of Georgia be amended so as to change the name of the Savannah District Authority to Savannah Port Authority, and to provide for an increase in the membership of such authority and confirm its corporate succession? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. BERRIEN COUNTYTAX TO PROMOTE INDUSTRY, ETC. Proposed Amendment to the Constitution. No. 38 (House Resolution No. 102-133). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing body of Barrien County to levy an

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annual ad valorem tax to be used in assisting, promoting and establishing new industries and the expansion of agriculture, trade and commerce therein; 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 1 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 governing body of Berrien County is hereby authorized to levy an annual ad valorem tax not exceeding two (2) mills per dollar of assessed valuation on all property located in said Berrien County 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 of new industries and the expansion of agriculture, trade and commerce therein. Said governing body of said county may appropriate to the Berrien County Industrial Building Authority such amounts from its funds so raised by such levy in each year as it shall determine necessary and desirable and any funds so transferred to the Authority shall become part of its funds and may be used by the Authority in accordance with its powers and purposes as hereinafter provided, or as may hereafter be defined by law; B. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Berrien County and its citizens, industry, agriculture, trade and commerce within the County of Berrien 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.

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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: YES () NO () Shall the Constitution be amended so as to authorize the governing body of Berrien 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? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CITY OF MARIETTATAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 39 (House Resolution No. 193-475). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Marietta to create additional indebtedness

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and levy additional taxes for education purposes; 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: Without regard to any limitations or restrictions imposed by this Constitution, the governing authority of the City of Marietta is hereby authorized to create bonded indebtedness from time to time for the support of education and educational facilities within said city. The funds derived from the issuance of such bonds may be expended for all educational purposes, including but not limited to: (1) the repair, expansion and maintenance of any existing educational facilities; (2) the acquisition of property for new educational facilities; (3) the construction and maintenance of new educational facilities; (4) the payment of salaries or other types of compensation for teachers, administrative personnel, and other personnel who are now or may hereafter be employed by the Board of Education of the City of Marietta. The bonds herein authorized shall bear the rate or rates of interest and mature at the years and amounts determined by the governing authority of the City of Marietta, and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder. In order to repay the bonded indebtedness herein authorized, the governing authority of the City of Marietta, without regard to any limitations or restrictions imposed by this Constitution, is hereby authorized to levy and collect an additional annual tax, not to exceed seven mills, upon all taxable property located within the corporate

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limits of the City of Marietta. The funds derived from such tax shall be separately accounted for and shall be used only for the repayment of the bonded indebtedness herein authorized. All bond issues proposed to be made pursuant to the authority herein granted must be approved by a majority of the qualified voters of the City of Marietta voting in an election held for that purpose before such bonds are issued and any debt herein authorized is created. The governing authority of the City of Marietta is hereby authorized to call and hold such elections from time to time to carry out the requirements herein provided for. 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: YES () NO () Shall the Constitution be amended so as to authorize the City of Marietta to create additional indebtedness and levy additional taxes for educational purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.. If such amendment shall be ratified as provided in said 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. PIERCE COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 44 (House Resolution No. 105-133). A Resolution. Proposing an amendment to the Constitution so as to create the Pierce County Industrial Development and Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Pierce County Industrial Development and Building Authority', which shall be an instrumentality of Pierce County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of seven members who shall be eligible for reappointment. The Board of Commissioners of Roads and Revenues of Pierce County shall appoint five members of the Authority, as follows: One member for five years, two members for four years, one member for three years, and one member for two years.

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The Mayor and Council of the City of Blackshear shall appoint one member for five years. The Mayor and Council of the City of Patterson shall appoint one member for five years. All members shall serve until their successors are duly appointed and qualified. Thereafter all members shall be appointed for terms of five years each and until their successors are duly elected and qualified. Vacancies for unexpired terms shall be filled in the same manner as regular appointments. The majority of the members 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. C. The members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The authority shall make by-laws 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. The Authority shall have perpetual existence as hereinafter provided. Chairman, etc. 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 Pierce County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Property. E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the `Pierce County Industrial Development and Building Authority', created hereby. Definitions. (2) The word `project' shall be deemed to mean and include property, real or personal, acquired or held by

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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 Pierce 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; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes. (3) The term `cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof. F. 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 used; Powers. (2) to adopt and amend a corporate seal; (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 Pierce County or may be made with any one or more municipal corporations in Pierce County. Pierce County and all municipal

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corporations located 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 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

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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 not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for fore-closure 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 Pierce County and each municipal corporation located therein hereby waives any right the State, Pierce County or any municipal corporation located 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 Pierce County, and the Superior Court of Pierce County shall have jurisdiction and the requisite notices shall be published in Pierce 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. G. The governing authority of Pierce County is hereby authorized to levy an annual ad valorem tax, not to exceed two (2) mills, on all taxable property within Pierce County for the support of the Authority and for its use

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and purposes. All funds raised by such tax shall be paid and appropriated by the governing authority of Pierce County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by the Authority 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. Taxes. H. 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 the 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 the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability. I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Pierce County and reduce 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. K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and

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conduct of the Authority. The General Assembly may also provide by law for the continuation of the Authority in the event Pierce County is consolidated or merged with any other county or counties. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Pierce County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Pierce County. Powers. L. 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, Pierce County, or any municipal corporation located in Pierce County. Debt. M. 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 Pierce County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. N. 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. 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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YES () NO () Shall the Constitution be amended so as to create the Pierce County Industrial Development and Building Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. MILLER COUNTY DEVELOPMENT AUTHORITY Proposed Amendment to the Constitution. No. 45 (House Resolution No. 236-654). A Resolution. Proposing an amendment to the Constitution so as to create the Miller County Development Authority; to provide for powers, authority, funds, purpose and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

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A. There is hereby created a body corporate and politic in Miller County to be known as the Miller County Development Authority, which shall be an instrumentality of Miller County and a public corporation and which in this amendment is hereafter referred to as the `Authority;' Created. B. The General Assembly shall by law provide for the members of the Authority, their qualifications, terms, method of election or appointment and their powers and duties. 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 Miller County. Property. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purpose of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sale and use taxes on property purchased by the Authority or for use of the Authority; D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Miller County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts;

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(3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Miller County which in the judgment of the Authority will be a benefit to the people of said County. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money, to issue notes, bonds, and revenue certificates therefor, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To contract with Miller County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (6) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities therefor in Miller County, and to make long-range plans therefor, to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Miller 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

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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. No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (8) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (9) To designate officers to sign and act for the Authority generally or in any specific matter; (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Miller 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,

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agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Torts. G. The members of the Authority shall receive no compensation for their services of the Authority; Members. H. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Miller County and to carry out purpose of this amendment is hereby authorized to issue Revenue Bonds bearing rate or rates of interest and maturity at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the Commissioners of Roads and Revenues are authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said Commissioners are authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; Bonds. I. The Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph

Page 695

H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law; Taxes. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Property K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Miller County and its citizens, industry, agriculture and trade within the County of Miller, and making long-range plans for such development and expansion and to authorize the use of public funds of Miller County for such purpose, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Intent. L. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, the Authority shall be authorized to issue revenue obligations to provide funds to be used by said Authority. Taxes. 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 Miller County, and the scope of its operations shall be limited to the territory embraced within Miller County. The General Assembly shall not

Page 696

extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Miller County; General Assembly. N. There shall be no limitations upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Miller County or the State. Debts. 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: YES () NO () Shall the Constitution be amended so as to create the Miller County Development Authority, and to provide for powers, authority, funds, purposes and procedure connected therewith? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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 697

BAKER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 46 (House Resolution No. 223-600). A Resolution. Proposing an amendment to the Constitution so as to create the Baker 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 the following: A. There is hereby created a body corporate and politic in Baker County, to be known as the Baker County Industrial Development Authority, which shall be an instrumentality of Baker 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 be appointed by the Board of Commissioners of Roads and Revenues of Baker County and they shall serve for 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. 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

Page 698

interest on the obligations of Baker County. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. 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 adminster 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 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 Baker 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 Baker County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and

Page 699

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 Baker County; Debts. 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,

Page 700

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 Baker County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Baker County; Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Baker County. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations

Page 701

in said County, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. Same. 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 Baker 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 Baker 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. 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. N. The General Assembly may be law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Baker County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

Page 702

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: YES () NO () Shall the Constitution be amended so as to create the Baker County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. COLUMBUSMUSCOGEE COUNTY PORT DEVELOPMENT COMMISSION. Proposed Amendment to the Constitution. No. 47 (House Resolution No. 170-372). A Resolution. Proposing an amendment to the Constitution so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission; to define the powers, authority, funds, and other matters connected

Page 703

with the functioning of said Commission; 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. The County of Muscogee is authorized to create a Department of said County to be known as The Columbus-Muscogee County Port Development Commission and to provide for its powers and functions. Said Commission is to aid and assist in the promotion and establishing of new industries and the expansion of agriculture, trade and commerce, and recreation in connection with the development of the navigable Chattahoochee River. The County of Muscogee may appropriate to the Commission determined amounts from its funds, and any funds transferred to the Commission shall be used by the Commission in accordance with its powers and purposes as defined herein. Authority to create. B. This amendment is adopted with the purpose of promoting and expanding for the public good and welfare of Muscogee County and its citizens, industry, agriculture, trade, commerce and recreation within the County of Muscogee and making a long range plan for such development and expansion of the navigable Chattahoochee River and in furtherance thereof the County of Muscogee is authorized to create a body politic in Muscogee County to be known as the Columbus-Muscogee County Port Development Commission. Intent. C. The Commission shall consist of five members who shall serve for a term of five years and who shall be eligible for reapportionment. The members of the Commission shall be elected by majority of the governing body of Muscogee County. The first members shall be elected for terms of one, two, three, four and five years,

Page 704

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 Commission in any matter. No vacancy shall impair the power of the Commission to act. Members. D. The property, obligations and the interest on the obligations of the Commission shall have the same immunity from taxation as the property, obligations and interest on the obligations of Muscogee County. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Property. E. The powers of the Commission shall include but not be limited to the following: (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 Muscogee County. Powers. (2) To receive and administer gifts, grants and donations and to administer trusts. (3) To grant, loan and lease any of its property to private persons and corporations contracting to operate any industrial plant or establishment within Muscogee County which in the judgment of the Commission will be of benefit to the people of said County, and in aid of the port development of the Chattahoochee River. The provisions of this clause shall not be construed to limit any other powers of the Commission. (4) To borow money and to issue notes, bonds and revenue bonds and certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor.

Page 705

(5) To contract with 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 Commission, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Commission. (7) To encourage and promote the expansion of industry agriculture, trade and commerce in Muscogee County, for the development of the navigable Chattahoochee River 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 Commission 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 Commission as herein stated. F. The Commission shall not be authorized to create in any manner any debt, liability or obligations against the State of Georgia or Muscogee County except to the extent and in the manner as to said County as herein set forth. Debts. G. The Commission shall have the same immunity and exemption from liability for torts and negligence as the County of Muscogee and State of Georgia and the officers, agents and employees of the Commission, when

Page 706

in performance of the work of the Commission, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Muscogee County and the State of Georgia when in performance of their public duties or work of the County or State. The Commission may be sued the same as private corporations on any contractural obligation of the Commission. Tort liability. H. The members of the Commission shall receive no compensation for their services to the Commission. Members. I. The Commission with the consent of the Commissioners of Roads and Revenues of Muscogee 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 Commission from whatever sources received including appropriations of public funds made to it. Such Revenue Bonds may be authorized by resolution of the Columbus-Muscogee County Port Development Commission which may be adopted at a regular or special meeting by a majority vote of the members of said Commission. Said Commission 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 interest, engineering, inspection, fiscal, and legal expenses, 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 Commission are hereby declared to be non-taxable for any and all purposes. The governing body of Muscogee County by a majority vote of its members at a regular or special meeting is hereby authorized to consent to and must approve the issuance of Revenue Bonds by the Columbus-Muscogee County Port Development Commission before issuance of the same. Such Bonds issued by the said Commission shall be validated in the Superior Court of Muscogee County in the same manner as revenue bonds

Page 707

are validated as provided by laws of the State of Georgia then in effect, and in the proceedings to validate such bonds, both the Columbus-Muscogee County Port Development Commission and the Commissioners of Roads and Revenues of Muscogee County shall be named as parties defendant. Bonds. J. The property of the Commission shall not be subject to levy and sale under legal process except such property, income, funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Commission, and any such property, funds or income may be sold under legal process or under any power granted by the Commission to enforce payment of the obligation. Property. K. This amendment and any law enacted with reference to the Commission, shall be liberally construed for the accomplishment of the purposes herein stated. Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and may be acted upon by Muscogee County at any time thereafter. 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 Commission and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Commission not inconsistent with the provisions of this amendment. The Commission shall be an instrumentality of Muscogee County, and the scope of its operation shall be limited to the territory embraced within said County. Intent. N. There shall be no limitation upon the amount of debt which the Commission may incur, but no debt created by the Commission shall be construed as a debt of Muscogee County. Debts. O. Said Commission is created for a public purpose and will be performing an essential governmental function.

Page 708

The Commission shall be required to pay no ad valorem taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the Commission, and that the bonds of the Commission, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Intent. P. Without limiting the powers of the Commission hereinbefore set forth, the Commission shall have the following powers: (1) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, by purchase, or by condemnation in accordance with and subject to the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights or 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 the respect to the use of or dispose of the same in any manner as it deems to the best advantage of the Commission, the Commission being under no obligation to accept and pay for any property condemned except from the funds provided under this Constitutional amendment, 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 Commission and to the owner or owners of the property to be condemned; provided, however, that the exercise of such condemnation by the Commission shall be only for the public purpose of the Port Development of the navigable Chattahoochee River on lands immediately, or approximately, adjacent to said navigable Chattahoochee River, and provided, further, that no condemnation petition shall be filed in any court unless there is attached thereto a resolution of the governing authority of Muscogee County

Page 709

assenting to the filing of the condemnation petition; provided, however, that any power of condemnation which may be conferred hereby shall not extend to the condemnation of any property held or owned directly or indirectly by a railroad corporation, public utility, or any subsidiary of such corporations vested with title to property which may be utilized by such railroads or utility corporations in the carrying on of their purposes and functions. Powers. (2) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as herein defined, to be located on property owned or leased by the Commission, the cost of any such project to be paid fully from proceeds or revenue bonds of the Commission or from such proceeds and any grants of the United States of America or any agency or instrumentality or legal subdivision thereof; or any other public or private body. (3) To accept loans and grants, either or both, of money or materials or property of any kind from the United States of America, or any agency or instrumentality or legal subdivision thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose. (4) To acquire, construct, equip, maintain, develop, and improve any harbor or port, or port facility, in Muscogee County, Georgia. (5) To foster and stimulate the shipment of freight and commerce through said port whether originating within or without this State, including, in furtherance thereof, the acquiring, constructing, equipping, maintaining, developing and improving of industrial and recreational areas immediately, or approximately, adjacent to said harbors or ports in Muscogee County, Georgia. Section 2. Be it further enacted by the authorities aforesaid that when this amendment shall be agreed to

Page 710

by a two-thirds vote of the members elected to each of the two houses, it shall be entered on their journals with the Ayes and Nays taken thereon, and shall be published in one or more newspapers in the County of Muscogee, at least four times in the two months previous to the time of the holding the next general election, and shall be submitted to the people of Muscogee County in the next general election. All persons voting in said election shall have the opportunity of voting Yes or No to the question: Shall the Constitution be amended so as to authorize Muscogee County to create a Columbus-Muscogee County Port Development Commission and to define the powers, authority, funds and other matters connected with the functioning of said Commission? If a majority of the electors of Muscogee County qualified to vote for the members of the General Assembly, voting thereon, shall vote for election thereof, when the returns thereof shall be computed as now required by law in elections for members of the General Assembly and returns thereof made to the Governor, then he shall declare said amendment adopted. ECHOLS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 48 (House Resolution No. 161-313). A Resolution. Proposing an amendment to the Constitution so as to create the Echols 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:

Page 711

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 Echols County in the State of Georgia to be known as the Echols County Development Authority, which shall be an instrumentality of Echols 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 appointed by the Board of Commissioners of Roads and Revenues of Echols 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 Echols 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. Membership on the Board of Commissioners of Roads and Revenues of Echols County shall not prohibit any such member from being appointed to the Authority. Membership on the Authority will not disqualify any person to hold any public office. 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 Echols County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Property. D. The powers of the Authority shall include but not be limited to, the power:

Page 712

(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 Echols County; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Echols 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 of 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), 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 Echols 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,

Page 713

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 Echols 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 Echols 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 Echols 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;

Page 714

(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 Echols County, nor the State of Georgia; Debts. F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Torts. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the Board of Commissioners of Roads and Revenues of Echols County but such compensation shall be paid from funds of the Authority; Members. H. The governing authority of Echols County is hereby authorized to levy an annual tax in an amount to be determined by such governing authority, but in no event shall such tax exceed three (3) 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 Echols 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; Taxes. I. Echols County is also authorized, in addition to the tax provided above, to appropriate to the Authority such

Page 715

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; Funds. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Echols County and its citizens, industry, agriculture, trade, commerce and recreation within Echols County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Echols County for such purposes, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose; Intent. L. 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 Echols County, and the scope of its operations shall be limited to the territory embraced within Echols County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Echols County; General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created

Page 716

by the Authority shall be a debt of Echols County, nor the State of Georgia; 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 Echols County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Title to 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 Echols 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. 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,

Page 717

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. 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: YES () NO () Shall the Constitution be amended so as to create the Echols County Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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 718

MADISON COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY. Proposed Amendment to the Constitution. No. 55 (House Resolution No. 184-423). A Resolution. Proposing an amendment to the Constitution so as to create the Madison County Industrial Development and Building Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the `Madison County Industrial Development and Building Authority', which shall be an instrumentality of Madison County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of seven members who shall be eligible for reappointment. The Board of Commissioners of Roads and Revenues of Madison County shall appoint one member of the Authority for four years. The Mayor and Council of the City of Hull shall appoint one member for four years. The Mayor and Council of the City of Colbert shall appoint one member for four years. The Mayor and Council of the City of Comer shall appoint one member for four years. The Mayor and Council of the City of Danielsville shall appoint one member for four years. The Mayor and Council of the City of Carlton shall appoint one member for four years. The

Page 719

Mayor and Council of the City of Ila shall appoint one member for four years. All members shall serve until their successors are duly appointed and qualified. Thereafter all members shall be appointed for terms of four years each until their successors are duly elected and qualified. Vacancies for unexpired terms shall be filled in the same manner as regular appointments. The majority of the members 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 members of the Authority shall elect one of their members as Chairman and another as Vice-Chairman, and shall also elect a Secretary and Treasurer or a Secretary-Treasurer. The members shall receive no compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their duties. The Authority shall make by-laws 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. The Authority shall have perpetual existence as hereinafter provided. Officers, etc. 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 Madison County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Tax exemptions. E. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word `Authority' shall mean the `Madison County Industrial Development and Building Authority', created hereby. Definitions. (2) The word project' shall be deemed to mean and include property, real or personal, acquired or held by the

Page 720

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 Madison 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; or the construction, installation or expansion of one or more buildings, plants, or articles of equipment for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations or associations for such purposes. (3) The term `cost of project' shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired or contracted for; the cost of financing charges or interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal or legal expenses; cost of plans or specifications; or any other expenses necessary or incident to construction or improvements, or to determining the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating of any project or any part thereof. F. 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; (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 Madison County or may be made with any one or more municipal corporations in Madison County. Madison County and all municipal

Page 721

corporations located therein are hereby authorized to enter into contracts with the Authority; Powers. (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 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

Page 722

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 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 Madison County and each municipal corporation located therein hereby waives any right in the State, Madison County or any municipal corporation located 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 Madison County, and the Superior Court of Madison County shall have jurisdiction and the requisite notices shall be published in Madison 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. G. The governing authority of Madison County is hereby authorized to levy an annual ad valorem tax, not to exceed two (2) mills, on all taxable property within

Page 723

Madison County for the support of the Authority and for its use and purposes. All funds raised by such tax shall be paid and appropriated by the governing authority of Madison County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by the Authority 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. Taxes. H. 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 the 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 the performance of their public duties of work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Torts. I. The property of the Authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. J. This amendment is adopted for the purpose of promoting and expanding the public good and welfare and industry and trade within the territorial limits of Madison County and reduce 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. K. The General Assembly may by law further define and prescribe the powers and duties of the Authority and exercise thereof, and may enlarge and restrict the same,

Page 724

and may likewise further regulate the management and conduct of the Authority. The General Assembly may also provide by law for the continuation of the Authority in the event Madison County is consolidated or merged with any other county or counties. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operations shall be limited to the territory embraced within Madison County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Madison County. General Assembly. L. 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, Madison County, or any municipal corporation located in Madison County. Debts. M. 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 Madison County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. N. 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. 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 725

YES () No () Shall the Constitution be amended so as to create the Madison County Industrial Development and Building Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. CRAWFORD COUNTYAPPOINTMENT OF SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 56 (House Resolution No. 258-703). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Crawford County by the Crawford 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 VI, Paragraph I of the Constitution, relating to county school superintendents, is hereby amended by adding at the end thereof the following:

Page 726

The county school superintendent of Crawford County, holding office at the time of the ratification of this amendment, shall continue to hold office until the normal expiration of his term of office on December 31, 1968. In the event of a vacancy in said office because of death, resignation or otherwise, the Crawford County board of education shall appoint a qualified person to serve as county school superintendent for the unexpired term. Thereafter, the county school superintendent of Crawford County shall be appointed by the Crawford County board of education and shall serve at the pleasure of the board. No election for county school superintendent shall be held after the ratification of this amendment. The county school superintendent of Crawford County, appointed as provided for herein, shall also serve as principal of Crawford County High School. The county school superintendent of Crawford County, as provided for herein, shall be subject to all constitutional and all statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide for the appointment of the county school superintendent of Crawford County by the Crawford County board of education? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 727

to vote against ratifying the proposed amendment shall vote No. 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. COOK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 60 (House Resolution No. 167-354). A Resolution. Proposing an amendment to the Constitution so as to create the Cook County Industrial Development Authority; to provide for the powers, funds, purposes, and procedures 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 to be known as the Cook County Industrial Development Authority, which shall be deemed to be an instrumentality of Cook County, Georgia, and the City of Adel, Georgia, and a public corporation, and in that name, style and title

Page 728

said body may contract and be contracted with, sue and be sued, plead and be impleaded, 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, 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 Adel and County of Cook, and for improving the general welfare of said county. Purpose. C. (a) The said Authority shall consist of five (5) members, one of whom shall be the Mayor of the City of Adel, one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of Cook County; one of whom shall be the President of the Cook County Chamber of Commerce; the remaining two members shall be appointed, one each by the Mayor and Council of the City of Adel and the Commissioner of Roads and Revenues of Cook County. Members. (b) The terms of office of the members representing the Mayor of the City of Adel, the Chairman of the Board of Commissioners of Roads and Revenues of Cook County, and the President of the Cook County Chamber of Commerce, shall run concurrently with their tenure of office, and their successor in such respective offices shall succeed them as members of the said Authority. (c) The term of office as a member of the Authority with respect to the two remaining members shall be three years and until their successor is elected and qualified. In case of a vacancy the Commissioner of Roads and Revenues of Cook County or the Mayor and Council of the City of Adel, as the case may be, shall elect a successor, whose term shall be for three years and until his successor is elected and qualified. (d) Upon election or qualifying by virtue of holding the office of Mayor of the City of Adel, President of the

Page 729

Cook County Chamber of Commerce, or Chairman of the Board of Commissioners of Roads and Revenues of Cook County the members shall subscribe to the following oath which shall be filed in the minutes of the Authority, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Cook County Industrial Development Authority without remuneration, So help me God'. (e) In the event the Mayor of the City of Adel, the President of the Cook County Chamber of Commerce, or the Chairman of the Board of Commissioners of Roads and Revenues of Cook County shall resign as a member of said Authority during their term of office, or fail and refuse to qualify and take the prescribed oath then there shall be deemed a vacancy which may be filled by the Mayor and Council of the City of Adel or by the Commissioners of Roads and Revenues of Cook County, as the case may be, by election of a member whose term shall run concurrently with the term of office of such official refusing to qualify and serve. (f) 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: (1) The word `Authority' shall mean the Cook County Industrial Development Authority. Definitions. (2) The word `Project' shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture and natural resources; 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.

Page 730

(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, interior 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. The County of Cook and the City of Adel are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. F. Any three (3) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. G. The powers of the Authority herein created shall include, but not limited to, the power: (1) To have a seal and alter the same at pleasure. Powers. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the City of Adel and the County of Cook and other municipalities and other political subdivisions and with private persons and corporations. (3) To acquire, hold, and dispose of 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

Page 731

mortgage as well as execute deeds to secure debt to and for land, buildings, and property of all kinds within the County of Cook. (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, or by condemnation in accordance with the provision of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the Authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the Authority and to the owners of the property to be condemned. 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 Cook and/or the City of Adel, the governing authorities of the County of Cook and the City of Adel are authorized 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, trade, agriculture, commerce and recreation in the City of Adel, County of Cook, and to make long range plans 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.

Page 732

(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-anticipation certificates or 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; to elect an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (12) To issue revenue-anticipation certificates 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 subsequently amended, with reference to the issuance of such revenue-anticipation certificates and validation of same insofar as such pertain to the corporate purposes of the Authority. (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

Page 733

of revenue bonds or certificates 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 and agricultural development in Cook 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. (20) To do all things necessary and convenient to carry out the powers expressly conferred by this Act. (21) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. H. The County of Cook is hereby authorized to levy and collect an annual ad valorem tax not to exceed one (1) mill for developing and promoting industry and agriculture, and is hereby directed to pay the Authority all

Page 734

funds derived from such levy to be used for the purposes provided herein. Taxes. I. 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 bonds. Bonds. J. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the City of Adel, the State of Georgia, nor Cook County. Debts. K. The property, obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as the property, obligations and interest on the obligations of the County of Cook. Property. L. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Intent. M. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects. N. 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 Cook County and City of Adel, jointly, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. Property. O. The books and records of the Authority shall be audited at least annually, at the expense of the Authority by a competent independent auditor; and a copy of the same shall be filed with the Clerk of the City of Adel and Cook County, and shall be available for public inspection; the City of Adel or Cook County may at any time, at its own expense, have such books and records audited. Audits.

Page 735

P. This amendment being for the purpose of developing and promoting the public good and the welfare of Cook County and the City of Adel and their inhabitants, shall be liberally construed to effect the purpose hereof. Intent. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Cook County Industrial Development Authority? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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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TIFT COUNTYTAX TO SUPPORT DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 64 (Senate Resolution No. 75) A Resolution. Proposing an amendment to the Constitution, so as to authorize Tift County to levy a tax not exceeding two mills on all of the taxable property in the county for the purpose of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes; to provide that the governing authorities of said county shall turn over said funds to the Tift 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 IV, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Tift County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed two mills, on all the taxable property in the county, for the purposes of creating a fund to be used by the Tift County Development Authority in accordance with its powers and purposes. The governing authority of said county shall turn over the funds derived from the levy and collection of the taxes herein provided for to the Tift County Development Authority to be used to encourage and promote the expansion of industry, agriculture, trade and commerce in Tift County in accordance with the powers and purposes of the Tift County Development Authority. The provisions of this amendment are self-executing to the extent that no action on the part of the General Assembly of Georgia shall be necessary to

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effectuate the purposes of this amendment and the powers herein conveyed upon the governing authority of Tift County may be exercised immediately upon the ratification 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: YES () NO () Shall the Constitution be amended so as to authorize Tift County to levy a tax not to exceed two mills for the purposes of creating a fund to be used by the Tift County Development Authority to encourage the expansion of industry, agriculture, trade and commerce in Tift County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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AUTHORITY OF GENERAL ASSEMBLY TO DELEGATE POWERS. Proposed Amendment to the Constitution. No. 65 (Senate Resolution No. 52). A Resolution. Proposing an amendment to Article VII, Section II, Paragraph I-A of the Constitution, relating to the production, marketing, sale, use and utilization, processing and improvement of agricultural products, so as to provide that the General Assembly may delegate its powers with respect thereto to any Agricultural Commodity Commission or other state agency established by law; to provide, in addition, that the General Assembly shall have the power to determine which of such products are affected with a public interest, in which event the General Assembly shall provide for, and may delegate its powers with respect to, regulation of such product, in order to protect the public; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section II, Paragraph I-A of the Constitution of Georgia (Ga. L. 1960, Vol. One, p. 1245), providing for the promotion of production, marketing, sale, use and utilization, processing and improvement of agricultural products, is hereby amended by adding to the end of said Paragraph I-A the following sentence: The General Assembly may delegate to any Agricultural Commodity Commission or other state agency, any of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products are affected with a public interest, and where such determination is made,

Page 739

it shall provide by law for the regulation of the handling, sale and production thereof and may delegate to any such Commission or agency such of its powers with respect thereto as it deems advisable., so that said Paragraph, when so amended, shall read as follows: Paragraph I-A. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide a means of financing any such promotion by imposing assessments, fees, or other charges upon the sale or processing of the affected products and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The General Assembly may create instrumentalities, public corporations, authorities and commissions to administer such programs. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products. The General Assembly may delegate to any Agricultural Commodity Commission or other state agency and of the above powers; and, in addition thereto and in order to protect the public, shall have the power to determine which of such agricultural products are affected with a public interest, and where such determination is made, it shall provide by law for the regulation of the handling, sale and production thereof and may

Page 740

delegate to any such Commission or agency such of its powers with respect thereto as it deems advisable. 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: YES () NO () Shall the Constitution be amended so as to provide that the General Assembly may determine agricultural products affected with a public interest; provide for regulation of the handling, production and sale thereof; and may delegate to any Agricultural Commodity Commission or other state agency its powers with respect thereto and with respect to promotion of marketing and sale thereof? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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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COBB COUNTYCORPORATE LIMITS OF MUNICIPALITIES. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 21-27). A Resolution. Proposing an amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb 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. Section I of Article XI of the Constitution is hereby amended by adding at the end thereof the following paragraph: No territory located within the boundaries of Cobb County shall be incorporated within the limits of any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of a majority of the qualified voters of Cobb County voting in an election held on that question. 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 prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb County. Against ratification of amendment to the Constitution so as to prohibit the incorporation of any territory within the limits of Cobb County by any municipality, the major portion of which is located outside the territorial limits of Cobb County, without the approval of the voters of Cobb 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. MARION COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 65-112). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education

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of Marion 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 Marion County shall be composed of one member from each of the five Education Districts provided for hereinafter. 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 of Marion County, must have resided in said county for at least one year immediately preceding the date of the election, and must have resided in the district from which he offers as a candidate for at least six months immediately preceding the date of the election. All members, however, shall be elected by the voters of the entire county. For the purpose of electing the members of the Board of Education of Marion County, said county is hereby divided into five Education Districts as follows: Education District No. 1 shall be composed of all that territory embraced within the corporate limits of the City of Buena Vista. Education District No. 2 shall be composed of all that territory embraced within Militia District No. 807 (Buena Vista) outside the corporate limits of the City of Buena Vista. Education District No. 3 shall be composed of all that territory embraced within Militia District No. 1539 (Doyle), Militia District No. 1034 (Draneville), and Militia District No. 710 (Kinchafoonee).

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Education District No. 4 shall be composed of all that territory embraced within Militia District No. 808 (Tazewell), and Militia District No. 955 (Fort Perry). Education District No. 5 shall be composed of all that territory embraced within Militia District No. 948 (Brantley), and Militia District No. 1339 (Pine Knot). Not later than ten days after the ratification of this amendment, it shall be the duty of the Ordinary of Marion County to issue the call for an election for the purpose of electing the members of the Board of Education of Marion County. The day of such election shall be set for a day not less than 15 nor more than 25 days from the date of the issuance of such call. 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 Marion County. All members elected at such election shall take office on January 1, 1967. The members elected from Education Districts 1 and 4 shall be elected for two years and until their successors are elected and qualified. The successors to such members shall be elected at the general election in 1968 and shall take office on January 1, 1969 for four years and until their successors are elected and qualified. All future successors shall be elected at the general election each four years thereafter and shall take office on the first day of January following their elections for terms of four years and until their successors are elected and qualified. The members elected from Education Districts 2, 3 and 5 shall be elected for four years and until their successors are elected and qualified. All future successors shall be elected at the general election each four years thereafter and shall take office on the first day of January following their elections for terms of four years and until their successors are elected and qualified. In the event a vacancy occurs on the Board for any reason other than expiration of a term of office, the remaining

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members of the Board shall elect a person to fill such vacancy 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 immediately 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 is hereby authorized to elect such other officers as it deems desirable and fix the terms for such officers. The Board of Education of Marion County in existence at the time of 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: YES () NO () Shall the Constitution be amended so as to provide for the election of the members of the Board of Education of Marion County by the people?

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. TERRELL COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 213-569). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school superintendent of Terrell County by the board of education of Terrell County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, is hereby amended by adding at the end thereof the following: The board of education of Terrell County shall be composed of two members from the county at large and one

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member from each of the five education 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, shall be registered and eligible to vote for members of the General Assembly from Terrell County, shall have resided in Terrell County for at least one year immediately preceding the date of the election and, with the exception of the members at large, shall have resided in the education 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 Terrell County from education districts, Terrell County is hereby divided into five education districts as follows: Education District No. 1 shall be composed of all that territory contained within Militia District No. 1750 (Graves), Militia District No. 1150 (Dover), and Militia District No. 1459 (New Eleventh). Education District No. 2 shall be composed of all that territory contained within Militia District No. 1673 (Sasser) and Militia District No. 909 (Herod). Education District No. 3 shall be composed of all that territory contained within Militia District No. 1143 (Brownwood). Education District No. 4 shall be composed of all that territory contained within Militia District No. 1470 (Parrott) and Militia District No. 811 (Twelth). Education District No. 5 shall be composed of all that territory contained in Militia District No. 1154 (Dawson). At the general election in November of 1968, the seven members of the board of education of Terrell County shall be elected for terms of office as hereinafter provided. One member shall be elected from each of the education districts hereinabove described and two members shall be

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elected from the county at large. The members elected from Education Districts Nos. 1, 2, and 3 shall be elected for terms of office of four years each and until their successors are elected and qualified. The members elected from Education Districts Nos. 4 and 5 and the two members elected from the county at large shall be elected for terms of office of two years each and until their successors are elected and qualified. All such members shall take office on January 1, 1969. Thereafter, all members shall be elected for terms of office of four years each and until their successors are elected and qualified and shall be elected at the general election in the year of the expiration of their terms of office. All such 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, except for the at large members who shall be elected from the entire county, and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, or county, in case of an at large member, a vacancy shall exist on said board 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, 1968, and the terms of office of all members on 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 boards and the members thereof shall be subject to all constitutional and statutory provisions

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relative to county boards of education and to county board members unless such provisions are in conflict with the provisions of this amendment. The board of education created herein shall elect the county school superintendent, who shall serve at the pleasure of the board. The person elected as country school superintendent in 1964, or his successor, shall serve through December 31, 1968, and the board shall elect a superintendent who shall take office on 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 elected 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 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: YES () NO () Shall the Constitution be amended so as to provide for the election of members of the board of education of Terrell County by the people and for the election of the county school superintendent of Terrell County by the board of education of Terrell County? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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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. ECHOLS COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 235-652). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of members of the Echols County Board of Education on a district basis; 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 amendment to Article VII, Section V, Paragraph I of the Constitution relating to the appointment of members of the Echols County Board of Education on a county at large basis, which amendment was ratified at the general election held on Tuesday, November 6, 1962, and which is set forth in Georgia Laws 1962 at page 793, is hereby amended by striking in its entirety the first paragraph of said amendment reading as follows: There is hereby created a new board, to be known as the Echols County Board of Education, which shall have the same powers and duties as the present county board. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county, and shall hold their offices until their successors

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are appointed and qualified. The County of Echols shall compose one school district, and shall be confined to the control and management of the Echols County Board of Education. There shall be appointed to serve on the Echols County Board of Education five members from the county at large., and substituting in lieu thereof a new first paragraph to read as follows: There is hereby created a new board of education to be known as the Echols County Board of Education which shall have the same powers and duties as the present county board of education. The Echols County Board of Education shall consist of five members to be appointed by the grand jury of said county as follows: One member shall be appointed from that area of said county embraced within Militia District number 904 known as the Howell Militia District; one member shall be appointed from that area of said county embraced within Militia District number 719 known as the Enterprise Militia District; one member shall be appointed from that area of said county embraced within Militia District number 1306 known as the Mayday Militia District; one member shall be appointed from that area of said county embraced within Militia District number 1211 known as the Wright-Chapell Militia District; and one member shall be appointed from that area of said county embraced within Militia District number 1058 known as the Statenville Militia District. Said members shall hold their offices until their successors are appointed and qualified. Echols County shall compose one school district which shall be confined to the control and management of the Echols County Board of Education. 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

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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: YES () NO () Shall the Constitution be amended so as to provide for the appointment of members of the Echols County Board of Education on a district basis? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. HOME RULE FOR COUNTIES. Proposed Amendment to the Constitution. No. 81 (Senate Resolution No. 7). A Resolution. Proposing an amendment to the Constitution so as to provide home rule for counties; to provide for the procedures 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 XV of the Constitution is hereby amended by adding a new Section to be designated Section II and to read as follows: Section II. Paragraph 1. Home Rule for Counties . (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof. (b) Except as provided in Subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth: 1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of sixty days immediately proceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The Clerk of the Superior Court shall

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furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in 2. of this Subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. 2. Amendments to or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing, in cases of counties with a population of five thousand or less, the signatures of at least twenty-five per centum of the electors registered to vote in the last general election; in cases of counties with a population of more than five thousand but not more than fifty thousand, at least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition within 60 days of its being filed with the ordinary. In the event the ordinary determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days after the date of the filing of the petition. He shall set the date of such election for a day not less than sixty nor more than ninety days after the date of such filing. The ordinary shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain

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a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the ordinary of the county for the purpose of examination and inspection by the public. The ordinary shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the county and it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of Paragraph 4 of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law. In the event that the ordinary determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid. (c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly

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to the extent that the enactment of such local acts is otherwise permitted under this Constitution. 1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority. 2. Action affecting the composition, form, procedure for election or appointment, compensatino, and expenses and allowances in the nature of compensation, of the county governing authority. 3. Action defining any criminal offense or providing for criminal punishment. 4. Action adopting any form of taxation beyond that authorized by law or by this Constitution. 5. Action expending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution. 6. Action affecting the exercise of the power of eminent domain. 7. Action affecting any court or the personnel thereof. 8. Action affecting any public school system. (d) The power granted in Subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power. (e) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 of this Section. Paragraph 2. Salary of County Employees; How Fixed . The governing authority of each county is authorized

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to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees. Paragraph 3. County Planning and Zoning . The governing authority of each county is empowered to enact for unincorporated areas of the county appropriate planning and zoning ordinances for public safety, historic, health, business, residential, and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other counties and municipalities of this State and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission. Paragraph 4. Filing and Publication of Laws . No amendment or revision of any local act made pursuant to Paragraph 1 of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section 1, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide home rule for counties? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. POWERS OF COUNTY GOVERNMENT. Proposed Amendment to the Constitution. No. 82 (Senate Resolution No. 42). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; 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 striking Article VII, Section IV in its entirety and substituting in lieu thereof a new Section IV to read as follows:

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Section IV Paragraph I. Powers of County Government . The General Assembly may authorize any county to exercise the power of taxation for any public purpose as authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution. Paragraph II. Purposes of Taxation . In addition to such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes, which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly: 1. Pay the expenses of administration of the county government. 2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing. 3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county. 4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.

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5. Establish and maintain a county police department. 6. Provide medical or other care and hospitalization for the indigent sick and to support paupers. 7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents. 8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law. 9. Provide fire protection for forest lands and conserve natural resources. 10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors; provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds. 11. Establish and maintain a recreation system. 12. To provide for paying the principal and interest of any debt of the county and to provide a sinking fund therefor. 13. To provide for reasonable reserves for public improvements as may be fixed by law. 14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein.

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Paragraph III. Establishment of Taxing Districts . Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law. Paragraph IV. Eminent Domain . Any county is hereby authorized to exercise the power of eminent domain for any public purpose. Paragraph V . Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, as amended. Intent. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I. Paragraph I of the Constitution of Georgia of 1945, as amended. The Ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to change the provisions relating to the powers of county governments? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

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to vote against ratifying the proposed amendment shall vote No. 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. FANNIN COUNTYBOARD OF EDUCATION AND SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 83 (Senate Resolution No. 84). A Resolution. Proposing an amendment to the Constitution so as to provide for the election of the County School Superintendent of Fannin County by the people; to provide for the filling of vacancies on the County Board of Education of Fannin County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to County Boards of Education, as amended, particularly by an amendment relative to the County Board of Education of Fannin County found in Ga. L. 1952, p. 536, which amendment was ratified at the general election of 1952, is hereby amended by striking from the third paragraph of the aforesaid amendment of 1952 the following:

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In case of a vacancy on said board by the death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successor who shall hold office for the unexpired portion of such member's term., and inserting in lieu thereof the following: Any vacancy on the board due to death, resignation or any other cause other than expiration of a term of office shall be filled in the following manner: If such vacancy occurs during the first 2 years of a member's term of office and at least 30 days prior to the date of the general election in the second year of such member's term, the remaining members of the board, by secret ballot, shall elect a person to serve through December of the second year of such member's term. A person to fill the remainder of the unexpired term shall be elected at the general election in the second year of such member's term and the person elected shall take office on the first day of January following his election and shall serve the remainder of the unexpired term. In the event a vacancy occurs at any other time in the second year of such member's term or at any time in the third year of such member's term or at any time in the fourth year of such member's term but at least 30 days prior to the date of the general election in such fourth year of such member's term of office, the remaining members of the board, by secret ballot, shall elect a person to serve through December of the fourth year of such member's term. A person to fill the remainder of the unexpired term shall be elected at the general election in the fourth year of such member's term and the person elected shall take office on the first day of January following his election and shall serve the remainder of the unexpired term. In the event a vacancy occurs at any other time in the fourth year of such member's term of office or at any time in the fifth year or the sixth year of such member's term of office, the remaining members of the board, by secret ballot, shall elect a person to serve the remainder of the unexpired term.

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Section 2. Article VIII, Section VI, Paragraph I of the Constitution, relating to County School Superintendents, as amended, particularly by an amendment relative to the County Board of Education of Fannin County found in Ga. L. 1952, p. 536, which amendment was ratified at the general election of 1952, is hereby amended by striking from the aforesaid amendment of 1952 the following: The County School Superintendent of Fannin County shall be elected or appointed by the County Board of Education of Fannin County and shall serve for a term of four years. From and after the ratification of this amendment the voters of Fannin County shall no longer elect the County School Superintendent of Fannin County but the present county school superintendent shall serve until his successor is chosen as herein provided. Before any person shall be qualified or eligible to hold office as county school superintendent, he shall have had at least three years of practical experience in school administration, and shall have graduated from an accredited college or university with a bachelor's degree., and inserting in lieu thereof the following: Beginning with the general election of 1968, the County School Superintendent of Fannin County shall be elected by the people. The person elected at such election shall take office January 1, 1969 for a term of 4 years and until his successor is elected and qualified. His successor and all future successors shall be elected each 4 years at the same time as other county officers are elected. The County Board of Education of Fannin County shall continue to elect the County School Superintendent of Fannin County and fill vacancies in said office through December 31, 1968, so that the County School Superintendent chosen by the board shall serve through December 31, 1968. All constitutional and statutory provisions relative to County School Superintendents shall be applicable to the County School Superintendent of Fannin County unless such provisions are in conflict with the provisions contained herein.

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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: YES () NO () Shall the Constitution be amended so as to provide for the election of the County School Superintendent of Fannin County by the people, and to provide for the filling of vacancies on the County Board of Education of Fannin County? All persons desiring to vote in favor or ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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. ELECTIONSWRITE-IN VOTES. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 133-230). A Resolution. Proposing an amendment to the Constitution so as to require notice of candidacy for write-in candidates; to provide

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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 II of the Constitution, relating to the elective franchise, is hereby amended by adding at the end thereof a new Section to be numbered Section VII and to read as follows: Section VII. Paragraph I. Write-in Votes . No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, as follows: In a state general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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YES () NO () Shall the Constitution be amended so as to require notice of candidacy for write-in candidates? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said 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 (1964 Session) Veto Bill Date of No. No. Subject Veto 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 Berevages 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 examination 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

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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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VETOES (1965 Session) Veto Bill Date of No. No. Subject Veto No. 1 HB 289 To provide for the closing, barricading and marking of any street, road, highway or bridge or any part of any of them which is being constructed or repaired; and for other purposes. 3-27-65 No. 2 HB 62 Completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to provide for honorary fishing licenses for totally disabled veterans who are residents of the State of Georgia; and for other purposes. 3-31-65 No. 3 HB 189 To amend Code Section 92-4101, relating to the limitation of ad valorem taxation by municipal corporations, so as to provide that the City of Lincolnton shall not be affected by the provisions of Code Sections 92-4101 through 92-4104; and for other purposes. 4- 8-65 No. 4 HB 370 To amend an Act creating the Board of Commissioners of Roads and Revenues of Muscogee County, relating to the election of chairman and vice-chairman; and for other purposes. 4- 8-65 No. 5 HB 369 To amend an Act entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc.; and for other purposes. 4- 8-65 No. 6 SB 70 To prescribe and establish compensation for the Chief Judge and for the Associate Judge of the Municipal Court of Savannah; and for other purposes. 4- 8-65 No. 7 HB 416 To place the Sheriff of Stewart County on a salary in lieu of a fee system of compensation; and for other purposes. 4- 8-65 No. 8 HB 468 To provide for the organization and creation of a statewide business development corporation or corporations; and for other purposes. 4- 8-65

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No. 9 HB 583 To amend an Act creating emeritus officers for certain State House officials; and for other purposes. 4- 8-65 No. 10 HB 664 To amend an Act authorizing the Commissioners of Roads and Revenues of Fulton County to provide group insurance for all regular County employees, approved Feb. 4, 1952 (Ga. L. 1952, p. 2012), as amended; and for other purposes. 4-13-65 No. 13 HB 285 To amend an Act establishing a State Employees' Retirement System, so as to change the provisions relating to former employees; and for other purposes. 4-15-65 No. 14 HB 600 To amend an Act establishing the State Employees' Retirement System, so as to provide for credit to certain members for previous service as employees of the Georgia Cooperative Services for the Blind, Inc.; and for other purposes. 4-15-65 No. 15 SB 151 To amend an Act known as the Georgia Agricultural Commodities Promotion Act approved March 30, 1961 (Ga. L. 1961, p. 301), as amended, so as to authorize membership on the various commissions of members of the General Assembly; and for other purposes. 4-15-65 No. 16 HB 535 To amend an Act known as the Uniform Act Regulating Traffic on Highways, so as to change the provisions requiring any vehicle which is used on official business by any person authorized to make arrests for traffic violations in this State, or any county or municipality thereof, shall be distinctly painted, marked and lettered; and for other purposes. 4-15-65

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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. FLORENE 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 EUGENE HIGHSMITH Law Assistant H. GRADY ALMAND, JR. Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER 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 H. GRADY ALMAND, JR. Sheriff

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SUPERIOR COURT CALENDAR FOR 1965 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. 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. 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. LEWIS R. SLATON, JR., Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. HENRY H. DURIENCE, 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.

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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. H. GRADY VANDIVIERE, Judge, 373 Main St., Canton. C. B. (BUTCH) HOLCOMB, Solicitor-General, Canton. 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. BRUNSWICK CIRCUIT. HON. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Solicitor-General, P. O. Box 98, 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.

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CHATT AHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, JOHN H. LAND, Judges, Columbus. W. B. SKIPWORTH, JR., 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, Carterville. JERE F. WHITE, Solicitor-General, Cartersville. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November. 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. CONLEY INGRAM, Marietta; ALBERT J. HENDERSON, JR., 107 Hemlock Dr., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, P. O. Box 151, Marietta. CobbSecond Mondays in January, March, May, July, September and November.

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CONASAUGA CIRCUIT. HON. J. THOMAS POPE, Judge, Dalton. ROBERT VINING, JR., Solicitor-General, Dalton. MurraySecond Mondays in February and October; fourth Monday in May; and first Monday in August. 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, P. O. Box 315, Carrollton. WRIGHT LIPFORD, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November. DOUGHERTY CIRCUIT HON. GEORGE L. SABADOS, Judge, Albany. ROBERT W. REYNOLDS, Solicitor-General, Albany. DoughertySecond Mondays in January, March, May, July, September, and November.

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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 200 Woodridge St., Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW JOE RYAN, JR., Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. 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.

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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, Solicitor-General, P. O. Box 301, Buford. Gwinnett: First Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, LaFayette; SAMUEL W. FARISS, LaFayette, Judges. 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, P. O. Box 429, Sandersville. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

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MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, Toccoa. HERBERT B. KIMZEY, Solicitor-General, P. O. Box 38, Cornelia. 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. TownsThird 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. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, Solicitor-General, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; fourth Monday in September.

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OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesFirst Mondays in February and August; third Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July, and October. OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P.O. Box 356, McRae. ALBERT D. MULLIS, Solicitor-General, P. O. Box 477, 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 782

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. MARK DUNAHOO, Judge, P.O. Box 553, Winder. FLOYD G. HOARD, Solicitor-General, Box 6, Jefferson. 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. SOUTH GEORGIA CIRCUIT HON. CARL E. CROW, Judge, Camilla. FRED B. HAND, JR., Solicitor-General, P. O. Box 306, Pelham. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in May and November. GradyThird Mondays in March and September. MitchellSecond Mondays in January, April, July and October.

Page 783

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. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. CHARLES BURGAMY, Solicitor-General, 104 Patton Drive, 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 Monday in May; and 1st Monday in December. 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, Stone Mountain. 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 784

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P.O. Box 253, Tifton. IrwinThird and fourth Mondays in February; 2nd and 3rd Mondays in May and November. 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. ROBERT L. STEVENS, Judge, P.O. Box 27, Thomson. KENNETH E. GOOLSBY, Solicitor-General, P.O. Box 405, 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 Monday in January; first Monday in April; second Monday in September; 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 785

WESTERN CIRCUIT. HON. JAMES BARROW, Judge, Athens. THOMAS W. RIDGWAY, Solicitor-General, P. O. Box 166, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

Page 786

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Baker County Industrial Development Authority 697 Berrien County; tax to promote industry, etc. 678 Cobb County; corporate limits of municipalities 741 ColumbusMuscogee County Port Development Commission 702 Cook County Industrial Development Authority 727 Crawford County; school superintendent 725 Echols County Board of Education 750 Echols County Development Authority 710 Elections; write in votes 765 Fannin County Board of Education and School Superintendent 762 General Assembly may delegate powers 738 Home Rule For Counties 752 Madison County Industrial Development and Building Authority 718 Marietta, City of; tax for educational purposes 680 Marion County Board of Education 742 Miller County Development Authority 690 Pierce County Industrial Development and Building Authority 683 Powers of County Government 758 Savannah Port Authority 675 Terrell County Board of Education 746 Tift County; tax to support development authority 736 CODE SECTIONS. 6-1702AmendedCosts in Appellate Courts 650 13-305AmendedDepartment of Banking, fees 540 13-312AmendedDepartment of Banking, employees, etc. 540 13-901AmendedBanks and Banking, par value of stock 501 13-1001AmendedBanks and Banking, par value of stock 501 13-1009AmendedBanks and Banking, increased capital stock 496 13-2006EnactedBanks and Banking, changes in capital stock 524 13-2015AmendedBanks and banking 281 13-2023AmendedBanks and Banking, purchase of capital stock 523 13-2025.1EnactedBanks and Banking, capital notes, etc. 494 21-101AmendedDeputy Coroners in certain counties (150,000-175,000) 227 21-105AmendedCoroners' compensation in certain counties (10,150-10,275) 120 Chap. 22-16AmendedCorporation name certificates 278 22-1703AmendedCorporation annual returns 640 24-1704AmendedBonds of ordinaries 453 24-2713AmendedSuperior Court clerk's bonds 419

Page 787

24-2714AmendedStorage of records by clerks of superior courts 625 24-2727AmendedSuperior Court clerks' fees 525 24-2805AmendedSheriffs' Bonds 448 24-3413EnactedCourt costs in certain counties (21,200-23,000) 43 26-2603AmendedPunishment for larceny of automobiles, etc. 504 26-2702, 26-2703EnactedDevices used in theft of communication services 436 27-2505AmendedCriminal procedure 230 32-907AmendedChairman of county boards of education in certain counties (49,500-69,000) 370 Title 34AmendedSpecial election for House of Representatives 349 34-802AmendedElections during 1965 in certain counties (18,100-18,400) (34,050-34,200) 203 34-805AmendedSpecial Elections 3 34-1001AmendedNotice of Candidacy 224 34-1103, 34-1220AmendedElection Code Amended 226 34-1321AmendedElection Code amended 656 34-1406AmendedVoting absentee ballots 119 Chapter 36-1.1EnactedState Properties Acquisition Commission 396 39-1105AmendedRates for legal advertisements 174 40-804AmendedBranch depositories of Department of Archives and History 623 40-1812AmendedAudits of local school system 668 42-205AmendedConcentrated commercial feeding stuffs 121 42-512AmendedDairy Inspection Act amended 498 47-101AmendedReapportionment of House of Representatives 127 49-605AmendedGuardian and Ward, procedure for terminating guardianships 544 Title 53AmendedMarriage licenses 335 53-102AmendedPersons able to contract marriage 500 56-101AmendedTitle of Insurance Code 371 56-319EnactedInsurance 378 56-618AmendedSurplus line insurance brokers 248 56-803aAmendedPayments to insurance agents 368 56-804bAmendedInsurance agents' residence requirements 369 56-1022AmendedMortgage loans and investments 409 56-1519.1EnactedInsurance 378 56-1523AmendedDividends of domestic stock insurance 483 Chapter 56-16EnactedInsurance 378 65-209AmendedCooperative Marketing Act 395 74-111EnactedReports of cruel treatment of children 588 74-9902AmendedAbandonment of children 197 81-212AmendedService of process, etc. 237 84-207AmendedQualifications of Certified Public Accountants 185

Page 788

Chapter 84-4AmendedState Board of Barbers Act amended 603 84-1031AmendedPer diem of examiners of practical nurses 455 Chapter 84-14AmendedReal estate brokers and salesmen 629 Chapter 84-15AmendedVeterinary Practice Act 92 Chapter 84-99AmendedState Board of Barbers Act amended 603 88-522EnactedHospitalization of mentally ill persons, etc. 490 88-1308AmendedControl of ionizing radiation 365 88-1713, 88-1714AmendedBirth certificates in adoption cases 546 88-1803, 88-1804AmendedHospital Authorities 347 88-2203, 88-2204AmendedHospital Advisory Council membership 484 91-1AAmendedState Properties Control Code 663 91-103AAmendedState Real Properties Control Commission 249 91-804AAmendedSale of real property by certain counties (150,000-175,000) 239 92-903AmendedCounty boards of education 124 92-1403AmendedMotor vehicle taxes 399 92-2401, 92-2402, 92-2405AmendedOccupation taxes on corporations 344 92-3106AmendedIncome tax exemptions 260 92-3109AmendedIncome tax deductions 323 92-3303(f)AmendedCorrection of tax returns 276 92-4101AmendedNot applicable to City of Thomaston 317 92-5301AmendedCompensation of tax collectors and tax commissioners 626 92-6201AmendedTax returns in certain counties (250,000-500,000) 343 92-6206AmendedTax returns in certain counties (114,000-120,000) 258 92-6208AmendedTax returns in certain counties (114,000-120,000) 274 92-6402AmendedPayment of taxes in certain counties (114,000-120,000) 435 92-6913AmendedBoards of tax assessors in certain counties (114,000-120,000) 237 92-7701AmendedTax executions 316 Chapter 93-8EnactedUnderground Gas Storage Act 463 107-205AmendedTrover, bail cases 542 110-1001AmendedDormant judgments 272 COURTS. SUPREME COURT. Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240 Court costs 650 COURT OF APPEALS. Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240

Page 789

Court costs 650 SUPERIOR COURTS. Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240 Appling; judge's salary 526 Atlanta circuit; salary of solicitor-general, etc. 529 Augusta Circuit; chief assistant solicitor-general 80 Baker; court reporter 42 Bibb; salary of solicitor-general 373 Bleckley; compensation of solicitor-general 641 Brantley; terms 319 Brunswick Circuit; judge's salary 526 Bulloch; salary of solicitor-general 551 Burke; chief assistant solicitor-general 80 Butts; solicitor-general, etc. 410 Calhoun; court reporter 42 Camden; judge's salary 526 Candler; salary of solicitor-general 376 Clerks' bonds 419 Clerks' fees 525 Cobb Circuit; court reporters 407 Cobb Circuit; solicitor-general, etc. 548 Columbia; chief assistant solicitor-general 80 Conasauga Circuit; terms 454 Court costs in certain counties (21,200-23,000) 43 Court reporters in certain counties (135,000-140,000) 204 Crawford; salary of solicitor-general 373 Dawson; terms 255 Decatur; court reporter 42 DeKalb; additional judge 295 DeKalb; compensation of judges 374 DeKalb; salary of solicitor-general 450 Dodge; compensation of solicitor-general 641 Dougherty Circuit; law books 2143 Effingham; salary of solicitor-general 551 Emanuel; salary of solicitor-general 376 Flint Circuit; solicitor-general, etc. 410 Fulton; salary of solicitor-general, etc. 529 Glynn; judge's salary 526 Grady; court reporter 42 Grady; terms 12 Habersham; court reporter 643 Hall; terms 255 Henry; solicitor-general, etc. 410 Houston; salary of solicitor-general 373 Irwin; terms 246 Jeff Davis; judge's salary 526 Jefferson; salary of solicitor-general 376 Jenkins; salary of solicitor-general 551

Page 790

Judges' Emeritus Act amended 102 Judges' salaries 528 Lamar; solicitor-general, etc. 410 Lee; salary of solicitor-general 253 Lookout Mountain Circuit; law books 2984 Lumpkin; terms 255 Macon Circuit; salary of solicitor-general 373 Macon; salary of solicitor-general 253 Middle Circuit; salary of solicitor-general 376 Mitchell; court reporter 42 Monroe; solicitor-general, etc. 410 Montgomery; compensation of solicitor-general 641 Mountain Circuit; court reporter 643 Mountain Circuit; terms in Towns County 257 Murray; terms 454 Newton; additional judge 295 Newton; compensation of judges 374 Newton; salary of solicitor-general 450 Northeastern Circuit; terms 255 Oconee Circuit; compensation of solicitor-general 641 Ogeechee Circuit; salary of solicitor-general 551 Peach; salary of solicitor-general 373 Pulaski; compensation of solicitor-general 641 Rabun; court reporter 643 Richmond; chief assistant solicitor-general 80 Rockdale; additional judge 295 Rockdale; compensation of judges 374 Rockdale; salary of solicitor-general 450 Schley; salary of solicitor-general 253 Screven; salary of solicitor-general 551 Solicitors-General Retirement Act amended 481 South Georgia Circuit; court reporter 42 Southwestern Circuit, salary of solicitor-general 253 Stephens; court reporter 643 Stewart; salary of solicitor-general 253 Stone Mountain Circuit; additional judge 295 Stone Mountain Circuit; compensation of judges 374 Stone Mountain Circuit; salary of solicitor-general 450 Storage of records 625 Sumter; salary of solicitor-general 253 Sumter; terms 274 Telfair; compensation of solicitor-general 641 Toombs; salary of solicitor-general 376 Towns; court reporter 643 Towns; terms 257 Union; court reporter 643 Washington; salary of solicitor-general 376 Wayne; judge's salary 526

Page 791

Webster; salary of solicitor-general 253 Wheeler; compensation of solicitor-general 641 White; terms 255 Whitfield; terms 454 CITY COURTS. Albany; judges pro hoc vice 2505 Brunswick; compensation of deputy sheriffs 2548 Brunswick; judge's salary 2852 Colquitt; clerk's bond 2596 Douglas; compensation of judge and solicitor 2083 Floyd; salaries, assistant solicitors, etc. 2337 Lyons; practice and procedure 3061 Lyons; salaries, clerical help 3010 Metter; judge 2298 Newnan; solicitor's secretary 2624 Pembroke; compensation of solicitor 2469 Pembroke; judge's salary 2539 Sylvester; compensation of judge and solicitor 2062 Walker; solicitor 2604 Warner Robins; created, referendum 2650 Wrightsville; Act amended 2457 CIVIL AND CRIMINAL COURTS. Cobb; jurisdiction 3313 DeKalb; salaries 2872 Gwinnett; jurisdiction, terms, etc. 2810 CIVIL COURTS. Fulton; judges' salaries 3365 Fulton; salaries of chief deputy clerk and chief deputy marshal 3258 CRIMINAL COURTS. Fulton; salaries of judges and solicitor 3233 JUVENILE COURTS. Judges' salaries in certain counties (500,000 or more) 3364 Juvenile Court Act amended 433 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES. Appling; Act placing officials on salary basis amended, referendum 3142 Appling; audits, referendum 3361 Appling; superior court judge's salary 526 Baker; industrial development authority, proposed amendment to the Constitution 697 Baker; superior court court reporter 42

Page 792

Baldwin; election of commissioners of roads and revenues, referendum 2316 Baldwin; land conveyance to hospital authority 567 Banks; commissioners of roads and revenues 3058 Bartow; compensation of sheriff, etc. 3015 Ben Hill; sheriff placed on salary basis 2956 Berrien; sheriff placed on salary basis 2003 Berrien; tax to promote industry, proposed amendment to the Constitution 678 Bibb; salary of solicitor-general 373 Bleckley; compensation of solicitor-general 641 Bleckley; sheriff placed on salary basis 2568 Brantley; salary of treasurer 2665 Brantley; sheriff placed on salary basis 3211 Brantley; terms of superior court 319 Bryan; compensation of ordinary 2489 Bryan; salary of tax commissioner 2910 Bulloch; assistants for tax commissioner 2967 Bulloch; clerical help for clerk of superior court 2949 Bulloch; compensation of deputy sheriffs, etc. 2511 Bulloch; salary of solicitor-general 551 Burke; compensation of ordinary 2038 Butts; solicitor-general, etc. 410 Calhoun; sheriff placed on salary basis 2946 Calhoun; superior court court reporter 42 Camden; superior court judge's salary 526 Candler; salary of solicitor-general 376 Candler; sheriff placed on salary basis 2301 Carroll; compensation of commissioners of roads and revenues, county attorney 3165 Carroll; sheriff placed on salary basis 2555 Chatham; Isle of Hope water, fire, sanitation and sewerage district, referendum 3181 Chatham; Chatham County-Savannah board of tax assessors 3354 Chatham; members of board of education 2221 Chattahoochee; compensation of clerk of commissioners of roads and revenues 2203 Chattahoochee; sheriff placed on salary basis 2107 Cherokee; compensation, etc. of ordinary 2138 Cherokee; land conveyance resolution repealed 118 Clayton; traffic ordinances 3306 Clinch; sheriff placed on salary basis 2897 Cobb; Cobb County-Marietta Water Authority Act amended 2762 Cobb; commissioners of roads and revenues 2192 Cobb; corporate limits of municipalities, proposed amendment to the Constitution 741 Cobb; office of treasurer abolished 3216 Cobb; solicitor-general 548 Cobb; superior court court reporters 407

Page 793

Coffee; compensation of commissioners of roads and revenues and clerk 2080 Coffee; officers placed on salary basis 2087 Colquitt; compensation of ordinary 2475 Colquitt; small claims court Act amended 3076 Columbia; compensation, etc. commissioners of roads and revenues 2102 Columbia; compensation of named county officers 2094 Columbia; law books 3186 Colquitt; compensation and bonds of commissioners and clerks 2935 Cook; industrial development authority, proposed amendment to the Constitution 727 Cook; land conveyance authorized 511 Coweta; compensation of deputy sheriffs and jailers 2591 Coweta; Newnan-Coweta County Airport Authority 2041 Crawford; salary of solicitor-general 373 Crawford; school superintendent, proposed amendment to the Constitution 725 Crawford; sheriff placed on salary basis 2499 Dade; easements 551 Dawson; terms of superior court 255 Decatur; small claims court 3245 Decatur; superior court court reporter 42 DeKalb; additional judge of superior court 295 DeKalb; board of education audits 2593 DeKalb; compensation of superior court judges 374 DeKalb; pension benefits for professional personnel 3095 DeKalb; salary of solicitor-general 450 Dodge; compensation of solicitor-general 641 Dooly; officers placed on salary basis 2441 Dougherty; justice of the peace special elections 2012 Dougherty; salaries of sheriff and clerk of superior court 2908 Dougherty; salary of tax commissioner 2714 Douglas; Act placing officers on salaries amended 2503 Douglas; compensation of coroner 2449 Echols; board of education, proposed amendment to the Constitution 750 Echols; development commission, proposed amendment to the Constitution 710 Echols; sheriff placed on salary basis 2918 Effingham; salary of solicitor-general 551 Effingham; sheriff placed on salary basis 2494 Elbert; compensation of chairman of commissioners of roads and revenues 2115 Elbert; compensation of ordinary and clerk of superior court 2078 Emanuel; Emanuel County Development Authority Act 2770 Emanuel; salary of solicitor-general 376 Evans; sheriff placed on salary basis 2416 Fannin; board of education and school superintendent, proposed amendment to the Constitution 762

Page 794

Fannin; sheriff placed on salary basis 2294 Fayette; clerk of superior court placed on salary basis 2237 Fayette; commissioners of roads and revenues 3105 Fayette; ordinary placed on salary basis 2621 Fayette; sheriff placed on salary basis 2585 Fayette; tax commissioner placed on salary basis 3088 Floyd; compensation of commissioners of roads and revenues 2329 Floyd; compensation of named officers 2322 Floyd; compensation of tax commissioner, etc. 2330 Floyd; easement authorized 582 Floyd; employees' pension code amended 3261 Floyd; office of treasurer abolished 3179 Floyd; powers of board of commissioners of roads and revenues 2407 Forsyth; commissioners of roads and revenues 2419 Forsyth; compensation of sheriff 2867 Fulton; chief deputies to certain officers 3374 Fulton; fire prevention systems 3377 Fulton; land conveyance 560 Fulton; medical examiner 2497 Fulton; salary of solicitor-general, etc. 529 Fulton; teachers' retirement system amended 3411 Glascock; compensation of commissioners of roads and revenues 2460 Glynn; audits of board of education 3308 Glynn; Brunswick and Glynn County Development Authority, commerce defined 2928 Glynn; compensation of deputy sheriffs and jailors 2515 Glynn; magistrate's court 2841 Glynn; superior court judge's salary 526 Gordon; sheriff's salary 2632 Grady; compensation of commissioners of roads and revenues 2895 Grady; land conveyance authorized 514 Grady; sheriff placed on salary basis 2912 Grady; superior court court reporter 42 Grady; terms of superior court 12 Greene; compensation of ordinary 2619 Greene; compensation of sheriff, etc. 2450 Gwinnett; compensation of ordinary 2405 Habersham; sheriff placed on salary basis 2007 Habersham; superior court court reporter 643 Hall; terms of superior court 255 Haralson; compensation of treasurer 2436 Hart; coroner placed on salary basis 2561 Hart; duties of board of finance 2930 Hart; sheriff placed on salary basis 3119 Heard; compensation of commissioners of roads and revenues 2113 Heard; sheriff placed on salary basis 2020 Henry; solicitor-general, etc. 410 Houston; salary of solicitor-general 373 Irwin; superior court terms 246 Jeff Davis; superior court judge's salary 526

Page 795

Jefferson; compensation of commissioners of roads and revenues 2234 Jefferson; salary of solicitor-general 376 Jefferson; sheriff placed on salary basis 2226 Jefferson; sheriff's bond 2232 Jenkins; land conveyance authorized 509 Jenkins; law books 3187 Jenkins; salary of solicitor-general 551 Johnson; collection of overpayments discontinued 362 Johnson; salaries of commissioners of roads and revenues 3236 Johnson; sheriff placed on salary basis 2579 Lamar; sheriff placed on salary basis 2207 Lamar; solicitor-general, etc. 410 Lanier; sheriff placed on salary basis 2036 Laurens; Dublin-Laurens School System 2023 Laurens; office hours of designated officials 3013 Lee; compensation of ordinary 2401 Lee; compensation to school board for damages 2640 Lee; salary of solicitor-general 253 Lee; treasurer's salary 2854 Lincoln; sheriff placed on salary basis 2486 Long; compensation of sheriff, etc. 2060 Lowndes; land conveyance 570 Lumpkin; terms of superior court 255 McDuffie; compensation of coroner, referendum 2480 McIntosh; officers placed on salary basis 3239 Macon; salary of solicitor-general 253 Madison; board of commissioners of roads and revenues 2667 Madison; industrial development, etc. authority, proposed amendment to the Constitution 718 Madison; named officials placed on salary basis, referendum 3068 Madison; sheriff placed on salary basis 2962 Marion; board of education, proposed amendment to the Constitution 742 Marion; sheriff placed on salary basis 2828 Miller; development authority, proposed amendment to the Constitution 690 Miller; sheriff placed on salary basis 3112 Mitchell; superior court court reporter 42 Monroe; solicitor-general, etc. 410 Montgomery; compensation of solicitor-general 641 Morgan; Madison-Morgan County Airport Authority Act 2687 Murray; terms of superior court 454 Muscogee; port development commission, proposed amendment to the Constitution 702 Newton; additional judge of superior court 295 Newton; compensation of superior court judges 374 Newton; employees of sheriff 2616 Newton; salaries of commissioner of roads and revenues, and board of directors 2892

Page 796

Newton; salary of solicitor-general 450 Oconee; sheriff placed on salary basis 2430 Paulding; Act placing officers on salary basis amended 2241 Paulding; clerical help for tax commissioner 2223 Peach; office of treasurer abolished 2837 Peach; salary of solicitor-general 373 Peach; sheriff placed on salary basis 2783 Pierce; compensation of commissioners of roads and revenues 2068 Pierce; industrial development, etc. authority, proposed amendment to the Constitution 683 Pierce; sheriff placed on salary 2071 Pike; sheriff placed on salary basis 2438 Pulaski; clerk of superior court placed on salary basis 2523 Pulaski; compensation of commissioner of roads and revenues 2940 Pulaski; compensation of solicitor-general 641 Pulaski; ordinary placed on salary basis 2483 Pulaski; sheriff placed on salary basis 2612 Putnam; compensation of commissioners of roads and revenues, referendum 2862 Putnam; coroner placed on salary 2040 Rabun; compensation of ordinary, etc. 2473 Rabun; secretarial assistant for clerk of superior court 3205 Rabun; secretary of tax commissioner 2519 Rabun; sheriff placed on salary basis 3218 Rabun; superior court court reporter 643 Randolph; ordinary placed on salary basis 2491 Randolph; sheriff placed on salary basis 2903 Rockdale; additional judge of superior court 295 Rockdale; compensation of superior court judges 374 Rockdale; salary of solicitor-general 450 Schley; salary of solicitor-general 253 Schley; sheriff placed on salary basis 2558 Screven; salary of solicitor-general 551 Spalding; law books 2977 Stephens; additional deputy sheriff 2476 Stephens; superior court court reporter 643 Stewart; compensation of clerk of superior court 2600 Stewart; salary of solicitor-general 253 Sumter; salary of solicitor-general 253 Sumter; sheriff placed on salary basis 2748 Sumter; terms of superior court 274 Talbot; sheriff placed on salary basis 2869 Taylor; sheriff placed on salary basis 2291 Telfair; compensation of solicitor-general 641 Telfair; compensation of tax commissioner 2725 Telfair; land conveyance authorized 327 Telfair; sheriff placed on salary basis 2923 Terrell; board of education, proposed amendment to the Constitution 746 Thomas; fire protection districts, referendum 2680

Page 797

Tift; chairman of commissioners of roads and revenues 3085 Tift; clerk of superior court placed on salary basis, referendum 2608 Tift; ordinary placed on salary basis, referendum 2541 Tift; sheriff placed on salary basis 2545 Tift; tax commissioner placed on salary basis, referendum 2705 Tift; tax to support development authority, proposed amendment to the Constitution 736 Tift; terms of commissioners of roads and revenues 2825 Toombs; salary of solicitor-general 376 Towns; superior court court reporter 643 Towns; terms of superior court 257 Turner; sheriff placed on salary basis 2029 Quitman; commissioners of roads and revenues 2013 Quitman; office of tax commissioner created 2835 Quitman; members of board of education 2571 Quitman; sheriff placed on salary basis 2626 Union; compensation of treasurer 2205 Union; superior court court reporter 643 Upson; sheriff placed on salary basis 2856 Walker; coroner placed on salary basis 2710 Walker; sheriff placed on salary basis 2886 Walton; compensation of commissioners of roads and revenues 2447 Ware; Act placing officers on salary basis amended 3229 Washington; clerk, centralized purchasing, audits, etc. 2388 Washington; clerk of superior court placed on salary basis 2392 Washington; salary of solicitor-general 376 Washington; sheriff placed on salary basis 2395 Wayne; superior court judge's salary 526 Webster; salary of solicitor-general 253 Webster; sheriff placed on salary basis 2425 Wheeler; compensation of solicitor-general 641 Wheeler; land conveyance authorized 327 Wheeler; sheriff placed on salary basis 2970 White; old courthouse study committee 586 White; sheriff placed on salary basis 2531 White; terms of superior court 255 Whitfield; terms of superior court 454 Wilkes; chairman of commissioners of roads and revenues, etc 2942 Wilkes; clerical assistants of tax commissioner 2636 Wilkinson; ordinary placed on salary basis 2520 Wilkinson; sheriff placed on salary basis 2551 Worth; compensation of commissioners of roads and revenues 2057 COUNTIES AND COUNTY MATTERSBY POPULATION Population bracket 7,950-8,150Compensation of tax collectors 2465 7,950-8,150Compensation of tax receivers 2735 10,150-10,275Coroners' Compensation 120 12,000-12,100Taking of rough fish 662 12,650-13,000Compensation of sheriffs 3007

Page 798

13,250-13,274Law libraries 2572 15,000-15,250Law libraries 2493 15,250-15,500Duties of tax commissioners 2514 16,500-16,700Judges of small claims courts 2240 18,100-18,400Elections during 1965 203 19,000-19,600Law libraries 3171 21,200-23,000Court costs 43 22,000-23,450Law libraries 2136 23,300-23,699Small Claims Courts 2678 26,200-28,200Law libraries 2453 30,500-31,000Law libraries 2453 31,050-33,000Compensation of ordinaries 2618 33,300-34,056Small Claims Courts Act amended 3076 34,050-34,200Elections during 1965 203 76,000-135,000Group insurance contracts by boards of education 3420 108,000-108,900Law libraries 3140 114,000-120,000Boards of tax assessors 236 114,000-120,000Payment of taxes 435 114,000-120,000Tax returns 258 114,000-135,000Law libraries 2875 135,000-140,000Compensation of treasurers 2334 135,000-140,000Contracts 3179 135,000-140,000Court reporters 204 135,000-140,000Law libraries 3140 150,000-175,000Compensation of coroners 320 150,000-175,000Deputy coroners 227 150,000-175,000Sale of real property 239 250,000-500,000Tax returns 343 500,000 or moreCompensation of ordinaries 3238 500,000 or moreSalaries of juvenile court judges 3364 500,000 or moreSheriffs' sales 3260 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population bracket 300,000 or moreCompensation of tax assessors 2736 MUNICIPAL CORPORATIONS. NAMED CITIES. Acworth; corporate limits 2465 Albany; corporate limits 2878 Allenhurst; chartered 3342 Alma; election of mayor and councilmen, terms, etc. 3093 Alpharetta; corporate limits 2751 Americus; land conveyance to housing authority 555 Ashburn; salaries of mayor and councilmen 2219 Athens; ad valorem tax rate 2746 Athens; employees' pension plan 2117

Page 799

Athens; storm sewers 2412 Atlanta; charter amended 3378 Atlanta; corporate limits 3268 Atlanta; elections 3407 Atlanta; emeritus officers 3263 Atlanta; funds for parks, etc. 3373 Atlanta; use of voting machines 3265 Augusta; charter amended 2308 Augusta; contested elections 2313 Augusta; minimum height for policemen 2311 Austell; charter amended 2844 Bainbridge; city manager, referendum 2819 Brinson; elections 2629 Brunswick; Brunswick and Glynn County Development Authority, commerce defined 2928 Brunswick; charter amended 3188 Buford; salary of city manager 3098 Cairo; charter amended 2074 Carnesville; new charter 3280 Cedartown; tax millage rate 2712 Chamblee; sanitary tax rate 2780 Chatsworth; authority to sell park 2110 Chatsworth; corporate limits 2602 Colbert; charter amended 2997 College Park; corporate limits, referendum 3391 College Park; employees' pension system Act amended 3386 Columbus; compensation of commissioners 2536 Columbus; easement 104 Commerce; tenure of policemen, etc. 3266 Cordele; authority to convey property 2634 Cordele; charter amended, referendum 2167 Cordele; elections 2033 Cornelia; charter amended, referendum 2727 Cumming; voter registration 2606 Dalton; police and fire departments 3109 Dawson; authority to sell property 2995 Dawson; land conveyance 11 Dexter; terms of mayor and aldermen, etc. 2838 Douglas; authority to close street 2676 Dublin; Dublin-Laurens School System 2023 Dublin; wards 2577 East Dublin; hours of holding elections 2865 East Point; corporate limits 2816 Forest Park; merit system 3272 Ft. Gaines; corporate limits 2410 Fort Valley; charter amended 2526 Gainesville; retirement system 3207 Garden City; corporate limits 2759 Georgetown; elections of mayor and council 2016 Gordon; new charter 2342

Page 800

Griffin; corporate limits 3101 Griffin; elections 3079 Hawkinsville; authority to sell described property 2951 , 2992 Hazlehurst; taxation of life insurance companies 2445 Hazlehurst; taxation of insurance companies 3243 Hazlehurst; voting machines 3022 Higgston; elections 2340 Jackson; charter amended 3054 Jefferson; corporate limits, referendum 3408 LaGrange; ad valorem tax 2920 LaGrange; contracts with officers 2434 LaGrange; group insurance for employees 3304 Lawrenceville; charter amended 2564 Leesburg; elections, etc. 3003 Leslie; elections 2509 Lincolnton; charter amended 2973 Lithonia; charter amended 3270 Louisville; arbitration of tax assessments 2916 Macon; charter amended 3315 Madison; Madison-Morgan County Airport Authority Act 2687 Manchester; elections 3065 Marietta; charter amended 3126 Marietta; Cobb County-Marietta Water Authority Act amended 2762 Marietta; tax for educational purposes, proposed amendment to the Constitution 680 Milan; elections 2213 Milledgeville; qualifications of mayor, referendum 2306 Milledgeville; voter registration, etc. 2319 Mitchell; elections 2478 Montezuma; corporate limits 2423 Moultrie; elections 2744 Mt. Airy; elections, etc. 2462 Newnan; Newnan-Coweta County Airport Authority 2041 Newnan; tax execution for license fees 3311 Ocilla; corporate limits 2953 Odum; authority to sell described land 2141 Pearson; charter amended 2284 Pooler; corporate limits 3399 Powder Springs; charter amended 2737 Quitman; chairman of board of commissioners 2944 Quitman; number of commissioners, referendum 3226 Ringgold; waterworks and sewerage system 2933 Riverdale; group insurance for employees 3224 Rockmart; development authority created 3150 Rome; corporate limits 3402 Rome; employees' retirement Act amended 2279 Rossville; corporate limits 3017 Roswell; corporate limits 3175 St. Marys; voting machines 3019 Savannah; Chatham County-Savannah board of tax assessors 3354

Page 801

Savannah; members of board of education 2221 Smithville; elections 2573 Smyrna; charter amended 3023 Statenville; reincorporated, referendum 3160 Statesville; corporate limits 3167 Statesville; reincorporated as City of Statenville, referendum 3160 Summerville; ordinances 2703 Summerville; authority to close street 3173 Sylvester; charter amended 2065 Tallapoosa; tax for school purposes 2455 Thomaston; Code 92-4101 through 92-4104 not applicable 317 Thomaston; corporate limits 2717 Thomaston; taxation 3169 Thomasville; employees' pension system 2754 Unadilla; authority to convey described property 2471 Unadilla; charter amended 3081 Unadilla; corporate limits, referendum 2582 Union City; charter amended 3413 Valdosta; charter amended 3331 Vernonburg; number of commissioners 3370 Warrenton; ad valorem taxation 2597 Waycross; city manager 2200 Willacoochee; elections 2287 Winder; easement authorized 563 Woodland; street closed 3368 MUNICIPAL CORPORATIONSBY POPULATION. Population bracket 150,000 or moreAct providing pension system for firemen amended 3271 150,000 or moreEmployees' pension Act amended 3256 , 3399 150,000 or morePolicemen's pension Act amended 2112 200,000 or morePrimary elections 3419 300,000 or moreSelection of traffic court judges 2304 MUNICIPAL CORPORATIONSBY POPULATION. OF COUNTIES. Population bracket 135,000-140,000Contracts with political subdivisions 3179 RESOLUTIONS AUTHORIZING COMPENSATION. Beaty, Dwight M., Jr. 2982 Bembry, Hiram 2806 Bevill, Odis E. 2988 Burgess, J. Harvey 2804 Chancy, Mrs. Merle C. 2978 Clifton, C. R. 2802 Cook, L. H. 2649 Couch, Mrs. Emma C. 2799 Craig, T. W. 2791 Darnell, Grover Jackie 2639

Page 802

Durden, Henry W. 2985 Dysart, Frank C. 2645 Evans, Mr. and Mrs. Albert 2986 Fondren, Miss Kay 2807 Forsberg, E. C. A. 2797 Ginger Salads, Inc. 2644 Goode, Guyton E. 2646 Graham, Edward F. 2805 Grogan, Jack Donald 2787 Holland, H. C. 2796 Horne, John B. 3412 Jones, Seaborn 2790 Juhan, Arthur 2980 Keller, Walter Lee 3185 Kennedy, Henry C. 3301 Lee County Board of Education 2640 McCorkle, H. F. 2800 Phillips, Paul E. 2642 Pitts, Cliff 2809 Roberts, Ted 2801 Ryder Truck Rental, Inc. 2981 Suit, Mrs. Mack 2794 Sweet, Steve 2793 Tarleton, William Marvin 2788 Wynn, C. Dostin 2990 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Baldwin County Hospital Authority 567 Cherokee County; 1963 resolution repealed 118 Coker, Grady N. 557 Columbus, City of, easement 104 Cook County 511 Dade County, easements 551 Dawson, City of 11 Floyd County, easement 582 Fulton County 560 Grady County 514 Housing Authority of City of Americus 555 Jenkins County 509 Lowndes County 570 State Real Properties Control Commission 332 Telfair County 327 Wells, W. L. 553 Wheeler County 327 Winder, City of, easement 563 MISCELLANEOUS RESOLUTIONS. Alcoholism Study Commission 404 Apportionment, request for Constitutional Convention 507 Bryan, Mary Givens, portrait 115

Page 803

Chapel of All Faiths Foundation, Inc., suspension of sales and use tax 331 Committee to study costs of public schools 505 Election Laws Study Committee 658 Interim Scholarship Study Commission 577 Kennedy, J. CliffPurcell, Reverend Reed B., bridge designated 329 Law books to Columbia County 3186 Law books to Dougherty Judicial Circuit 2143 Law books to Jenkins County 3187 Law books to Lookout Mountain Judicial Circuit 2984 Law books to Spalding County 2977 Lease by State Board of Education authorized 562 Lease of land in Glynn County authorized 512 Lease of property in Cobb County 363 Local Government and Revenue Study Committee 358 Members of Mineral Leasing Commission 590 Mercer, Joseph B., bridge designated 400 Old Courthouse in White County Study Committee 586 Prevention of purchases of patented products from unlicensed sources by United States 572 Pridgen, George W., Roadside Park designated 328 Public schools, request for Constitutional Convention 559 Reddish, I. E., relieved as security on bond 3303 Request for change in Social Security regulations 576 Resources Advisory Board, Southeast River Basins, employees 508 Seventeen Mile River designated 334 Sex crimes, etc. study committee created 402 State Board of Education to discontinue collection of overpayments to Johnson County 362 Suspension of Certain Income Taxes ratified 360 Traffic Safety Committee 566 Use of facsimile of Great Seal by North Carolina Mutual Life Insurance Company 573

Page 804

A ABANDONMENT OF CHILDREN Punishment 197 ABSENTEE BALLOTS Voting 119 ACCOUNTANTS, CERTIFIED PUBLIC Qualifications 185 ACWORTH, CITY OF Corporate limits 2465 ADMINISTRATIVE PROCEDURE ACT Amended 283 ADOPTION OF CHILDREN Birth certificates in adoption cases 546 ADVERTISEMENTS, LEGAL Rates 174 AGRICULTURAL COMMODITY COMMISSIONS Powers of General Assembly, proposed amendment to the Constitution 738 AGRICULTURE, DEPARTMENT OF Concentrated commercial feeding stuffs, inspection fees 121 Cooperative Marketing Act amended 395 Dairy Inspection Act amended 498 Farmers' markets, leases 661 Georgia Biological Permit Act 177 Milk Control Act amended 366 AIR NAVIGATION Markers 105 AIRPORTS Construction, etc. by State Highway Department 449

Page 805

ALBANY, CITY OF Corporate limits 2878 ALBANY, CITY COURT OF Judges pro hac vice 2505 ALCOHOLIC BEVERAGES Local taxation 451 ALCOHOLISM STUDY COMMISSION Created, etc. 404 ALLENHURST, TOWN OF Chartered 3342 ALMA, CITY OF Election of mayor and councilmen, terms, etc. 3093 ALPHARETTA, CITY OF Corporate limits 2751 AMERICUS, CITY OF Land conveyance to housing authority 555 APPELLATE PRACTICE Costs in appellate courts 650 APPELLATE PRACTICE ACT OF 1965 Enacted 18 Amended 240 APPORTIONMENT See also General Assembly Resolution requesting Constitutional Convention 507 APPLING COUNTY Act placing officials on salary basis amended, referendum 3142 Audits, referendum 3361 Superior court judge's salary 526

Page 806

APPROPRIATIONS General Appropriations Act 44 General Appropriations Act of 1963 amended 533 Supplementary appropriations 7 ARCHIVES AND HISTORY, DEPARTMENT OF Branch depositories 623 ASHBURN, CITY OF Salaries of mayor and councilmen 2219 ATHENS, CITY OF Ad valorem tax rate 2746 Employees' pension plan 2117 Storm sewers 2412 ATLANTA, CITY OF Charter amended 3378 Corporate limits 3268 Elections 3407 Emeritus officers 3263 Funds for parks, etc. 3373 Use of voting machines, etc. 3265 ATLANTA JUDICIAL CIRCUIT Salary of solicitor-general, etc. 529 AUGUSTA, CITY OF Charter amended 2308 Contested elections 2313 Minimum height for policemen 2311 AUGUSTA JUDICIAL CIRCUIT Chief assistant solicitor-general 80 AUGUSTA, MUNICIPAL COURT, CITY OF New Act creating 2144 AUSTELL, CITY OF Charter amended 2844

Page 807

B BAIL TROVER Release of defendant 542 BAINBRIDGE, CITY OF City manager, referendum 2819 BALDWIN COUNTY Election of commissioners of roads and revenues, referendum 2316 BALDWIN COUNTY HOSPITAL AUTHORITY Land conveyance authorized 567 BAKER COUNTY Superior court court reporter 42 BAKER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 697 BANKS AND BANKING Capital notes, debentures 494 Changes in capital stock 524 Department of Banking, fees, employees, etc. 540 Increased capital stock 496 Investments by trust companies, etc. 244 Loans secured by real estate 281 Purchases of capital stock by banks 523 Par value of capital stock 501 BANKS COUNTY Commissioners of roads and revenues 3058 BARBERS State Board of Barbers Act amended 603 BARTOW COUNTY Compensation of sheriff, etc. 3015 BEATY, DWIGHT M., JR. Compensation for damages 2982

Page 808

BEMBRY, HIRAM Compensation for damages 2806 BEN HILL COUNTY Sheriff placed on salary basis 2956 BERRIEN COUNTY Sheriff placed on slary basis 2003 Tax to promote industry, proposed amendment to the Constitution 678 BEVILL, ODIS E. Compensation for damages 2988 BIBB COUNTY Salary of solicitor-general 373 BIOLOGICAL PERMIT ACT Enacted 177 BIRTH CERTIFICATES Birth certificates in adoption cases 546 Full certified copies 651 BLECKLEY COUNTY Compensation of solicitor-general 641 Sheriff placed on salary basis 2568 BONDS, APPEARANCE Procedure, etc. for forfeiture 266 BRANTLEY COUNTY Salary of treasurer 2665 Sheriff placed on salary basis 3211 Terms of superior court 319 BRINSON, TOWN OF Elections 2629

Page 809

BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Commerce defined 2928 BRUNSWICK, CITY COURT OF Compensation of deputy sheriffs 2548 Judge's salary 2852 BRUNSWICK, CITY OF Charter amended 3188 BRUNSWICK JUDICIAL CIRCUIT Judge's salary 526 BRYAN COUNTY Compensation of ordinary 2489 Salary of tax commissioner 2910 BRYAN, MARY GIVENS Portrait, etc. 115 BUFORD, CITY OF Salary of city manager 3098 BUILDING AND LOAN ACT Amended, local association defined 473 BULLOCH COUNTY Assistants for tax commissioner 2967 Clerical help for clerk of superior court 2949 Compensation of deputy sheriffs, etc. 2511 Salary of solicitor-general 551 BURGESS, J. HARVEY Compensation for damages 2804 BURKE COUNTY Chief assistant solicitor-general 80 Compensation of ordinary 2038

Page 810

BUTTS COUNTY Solicitor-general, etc. 410 C CAIRO, CITY OF Charter amended 2074 CALHOUN COUNTY Sheriff placed on salary basis 2946 Superior court court reporter 42 CAMDEN COUNTY Superior court judge's salary 526 CANDLER COUNTY Salary of solicitor-general 376 Sheriff placed on salary basis 2301 CARNESVILLE, CITY OF New charter 3280 CARNIVALS Service of process 235 CARROLL COUNTY Compensation of commissioner of roads and revenues, county attorney 3165 Sheriff placed on salary basis 2555 CEDARTOWN, CITY OF Tax millage rate 2712 CERTIFICATE OF TITLE ACT Motor vehicle title Act amended 264 , 304 CERTIFIED PUBLIC ACCOUNTANTS Qualifications 185 CHAMBLEE, CITY OF Sanitary tax rate 2780

Page 811

CHANCY, MRS. MERLE C. Compensation for damages 2978 CHAPEL OF ALL FAITHS Suspension of sales and use tax ratified 331 CHATHAM COUNTY Chatham County-Savannah board of tax assessors 3354 Isle of Hope water, fire, sanitation and sewerage district, referendum 3181 Members Savannah-Chatham County Board of Education 2221 CHATSWORTH, CITY OF Authority to sell park 2110 Corporate limits 2602 CHATTAHOOCHEE COUNTY Compensation of clerk of commissioners of roads and revenues 2203 Sheriff placed on salary basis 2107 CHECKS, SALE OF Georgia Sale of Checks Act 81 CHEROKEE COUNTY Compensation, etc. of ordinary 2138 Land conveyance resolution repealed 118 CHILDREN Reports of cruel treatment of children 588 CHILDREN, ABANDONMENT Punishment 197 CITY COURT OF ALBANY Judges pro hac vice 2505 CITY COURT OF BRUNSWICK Compensation of deputy sheriffs 2548 Judge's salary 2852

Page 812

CITY COURT OF COLQUITT COUNTY Clerk's bond 2596 CITY COURT OF DOUGLAS Compensation of judge and solicitor 2083 CITY COURT OF FLOYD COUNTY Salaries, assistant solicitor, etc. 2337 CITY COURT OF LYONS Practice and procedure 3061 Salaries, clerical help, etc. 3010 CITY COURT OF METTER Judge 2298 CITY COURT OF NEWNAN Solicitor's secretary 2624 CITY COURT OF PEMBROKE Compensation of solicitor 2469 Judge's salary 2539 CITY COURT OF SYLVESTER Compensation of judge and solicitor 2062 CITY COURT OF WALKER COUNTY Solicitor 2604 CITY COURT OF WARNER ROBINS Created, referendum 2650 CITY COURT OF WRIGHTSVILLE Act amended 2457 CITY OF AUGUSTA MUNICIPAL COURT New Act creating 2144 CIVIL AND CRIMINAL COURT OF COBB COUNTY Jurisdiction 3313

Page 813

CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries 2872 CIVIL AND CRIMINAL COURT OF GWINNETT COUNTY Jurisdiction, terms, etc. 2810 CIVIL COURT OF FULTON COUNTY Judges' salaries 3365 Salaries of chief deputy clerk and chief deputy marshal 3258 CIVIL DEFENSE Filling, etc. abandoned wells 446 CLAIMS ADVISORY BOARD Crimes 655 Time of filling claims 653 CLAYTON COUNTY Traffic ordinances 3306 CLIFTON, C. R. Compensation for damages 2802 CLINCH COUNTY Sheriff placed on salary basis 2897 COBB COUNTY Commissioners of roads and revenues 2192 Corporate limits of municipalities, proposed amendment to the Constitution 741 Office of treasurer abolished 3216 Solicitor-general, etc. 548 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Jurisdiction 3313 COBB COUNTY MARIETTA WATER AUTHORITY ACT Amended 2762 COBB JUDICIAL CIRCUIT Court reporters 407 Solicitor-general, etc. 548

Page 814

CODEINE Possession a crime 648 COFFEE COUNTY Compensation of commissioners of roads and revenues and clerk 2080 Officers placed on salary basis 2087 COKER, GRADY N. Land conveyance authorized 557 COLBERT, CITY OF Charter amended 2997 COLLEGE PARK, CITY OF Corporate limits, referendum 3391 Employees' pension system Act amended 3386 COLQUITT COUNTY Compensation and bonds of commissioners and clerk 2935 Compensation of ordinary 2475 COLQUITT COUNTY, CITY COURT OF Clerk's bond 2596 COLUMBIA COUNTY Chief assistant solicitor-general 80 Compensation, etc. of commissioners or roads and revenues 2102 Compensation of named county officers 2094 Law books 3186 COLUMBUS, CITY OF Compensation of commissioners 2536 Easement 104 COLUMBUSMUSCOGEE COUNTY PORT DEVELOPMENT COMMISSION Authority to create, proposed amendment to the Constitution 702 COMMERCE Foreign Trade Zone Act 40

Page 815

COMMERCE, CITY OF Tenure of policemen, etc. 3266 COMMUNICATIONS Defrauding, etc. telephone and telegraph companies 420 Devices used in theft of communication service 436 CONASAUGA JUDICIAL CIRCUIT Terms 454 CONCENTRATED COMMERCIAL FEEDING STUFFS Inspection fees 121 CONSTITUTIONAL CONVENTION Apportionment, request for Constitutional Convention 507 Public schools, request for Constitutional Convention 559 CONTRACTS Certain contracts required to be in writing 247 Contracts by certain minors 234 COOK COUNTY Land conveyance authorized 511 COOK COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 727 COOK, L. H. Compensation for damages 2649 COOPERATIVE MARKETING ACT Amended 395 CORDELE, CITY OF Authority to convey property 2634 Charter amended, referendum 2167 Elections 2033 CORNELIA, CITY OF Charter amended, referendum 2727

Page 816

CORONERS Compensation in certain counties (10,150-10,275) 120 Compensation in certain counties (150,000-175,000) 320 Deputies in certain counties (150,000-175,000) 227 CORPORATION ACT OF 1938 Names of corporations 602 CORPORATIONS Annual returns 640 Dividends of domestic stock insurers 483 Name certificates 278 Occupation taxes 344 CORPORATIONS, FOREIGN Service of process 259 Service of process when acting in fiduciary capacity 276 COUCH, MRS. EMMA C. Compensation for damages 2799 COUNTIES See also named counties and Tabular Index Counties and County Matters-By Population. Home rule, proposed amendment to the Constitution 752 Planning Commission Act amended, powers 536 Powers of county government, proposed amendment to the Constitution 758 Ordinaries, bonds 453 Sheriffs' bonds 448 Taxation of alcoholic beverages 451 COUNTY BOARDS OF EDUCATION See also named county and education . Qualification of members 124 COUNTY TREASURERS Compensation in certain counties (135,000-140,000) 2334 COURTS COSTS See also Superior Courts . Costs in certain counties (21,200-23,000) 43

Page 817

COURT OF APPEALS Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240 Costs 650 COURT REPORTERS See also named court . Appointment, etc. in certain counties (135,000-140,000) 204 COWETA COUNTY Compensation of deputy sheriffs and jailers 2591 Newnan-Coweta County Airport Authority 2041 CRAIG, T. W. Compensation for damages 2791 CRAWFORD COUNTY Salary of solicitor-general 373 School superintendent, proposed amendment to the Constitution 725 Sheriff placed on salary basis 2499 CRIMES See also particular subject matter . Abandonment of children 197 Certain contracts to be in writing 247 Defrauding, etc. telephone and telegraph companies 420 Devices used in theft of communication service 436 Gifts, etc. for aid in connection with claims against State 655 Grade crossings, responsibility for blocking 645 Possession of Tincture of Camphorated Opium (Paregoric) or Codeine 648 Removing manufacturers' number from tobacco products 262 Stealing scientific data, etc. 647 CRIMINAL COURT OF FULTON COUNTY Salaries of judges and solicitor 3233 CRIMINAL PROCEDURE Execution of sentences when conviction appealed 230 Juvenile courts as courts of inquiry 433 Punishment for larceny of automobiles, etc. 504 Reports of cruel treatment of children 588 Statewide Probation Act amended 413

Page 818

CRUEL TREATMENT OF CHILDREN Reports of cruel treatment of children 588 CUMMING, CITY OF Voter registration 2606 D DADE COUNTY Easements 551 DAIRY INSPECTION ACT Amended 498 DALTON, CITY OF Police and fire departments 3109 DARNELL, GROVER JACKIE Compensation for damages 2639 DAWSON, CITY OF Authority to sell property 2995 Land conveyance authorized 11 Terms of superior court 255 DECATUR COUNTY Small claims court, referendum 3245 Superior court court reporter 42 DEEDS Certified copies of recorded deeds as evidence 250 DEKALB COUNTY Additional judge of superior court 295 Board of education audits 2593 Compensation of superior court judges 374 Pension benefits for professional personnel 3095 Salary of solicitor-general 450 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries 2872

Page 819

DEPARTMENT OF ARCHIVES AND HISTORY Branch depositories 623 DEPARTMENT OF FAMILY AND CHILDREN SERVICE Georgia Public Assistance Act of 1965 385 DEPARTMENT OF INDUSTRY AND TRADE Air navigation markers 105 DEPARTMENT OF PUBLIC HEALTH Birth certificates 651 DEPARTMENT OF PUBLIC SAFETY Compensation, etc. 125 DEXTER, TOWN OF Terms of mayor and aldermen, etc. 2838 DIVORCE AND ALIMONY Alimony when divorce obtained in foreign state 263 DODGE COUNTY Compensation of solicitor-general 641 DOOLY COUNTY Officers placed on salary basis 2441 DOUGHERTY COUNTY Justice of the peace special elections 2012 Salaries of sheriff and clerk of superior court 2908 Salary of tax commissioner 2714 DOUGHERTY JUDICIAL CIRCUIT Law books 2143 DOUGLAS, CITY COURT OF Compensation of judge and solicitor 2083 DOUGLAS, CITY OF Authority to close street 2676

Page 820

DOUGLAS COUNTY Act placing officers on salary basis amended 2503 Compensation of coroner 2449 DRIVER RESPONSIBILITY LAW Amended 456 DUBLIN, CITY OF Wards 2577 DUBLIN-LAURENS SCHOOL SYSTEM Created, etc. 2023 DURDEN, HENRY W. Compensation for damages 2985 DYSART, FRANK C. Compensation for damages 2645 E EAST DUBLIN, CITY OF Hours of holding elections 2865 EAST POINT, CITY OF Corporate limits 2816 ECHOLS COUNTY Sheriff placed on salary basis 2918 ECHOLS COUNTY BOARD OF EDUCATION Members, etc., proposed amendment to the Constitution 750 ECHOLS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 710 EDUCATION Audits of local school systems 668 Committee to study costs of public schools 505 County boards, qualifications of members 124

Page 821

Election of chairmen of county boards in certain counties (49,500-69,000) 370 Georgia Higher Education Assistance Corporation 217 Georgia State Scholarship Commission 210 Group insurance contracts by certain boards of education (76,000-135,000) 3420 Lease of land by State Board of Education authorized 562 Minimum Foundation Program of Education Act amended 15 Public schools, request for Constitution Convention 559 EDUCATION, STATE BOARD OF To discontinue collection of overpayments to Johnson County 362 EFFINGHAM COUNTY Salary of solicitor-general 551 Sheriff placed on salary basis 2494 ELBERT COUNTY Compensation, etc. of chairman of commissioners of roads and revenues 2115 Compensation of ordinary and clerk of superior court 2078 ELECTION LAWS STUDY COMMITTEE Created 658 ELECTIONS Count, etc. where paper ballots used 656 Elections in certain counties during 1965 (18,100-18,400) (34,050-34,200) 203 Notice of candidacy 224 Presidential elections, vote recorders 226 Primary elections in certain cities (200,000 or more) 3419 Special election for members of House of Representatives 349 Special elections 3 Voting absentee ballots 119 Write-in votes, proposed amendment to the Constitution 765 EMANUEL COUNTY Salary of solicitor-general 376 EMANUEL COUNTY DEVELOPMENT AUTHORITY ACT Enacted 2770

Page 822

EMINENT DOMAIN Underground Gas Storage Act 463 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA ACT Amended 106 Amended, 1965 Act repealed 199 EVANS COUNTY Sheriff placed on salary basis 2416 EVANS, MR. AND MRS. ALBERT Compensation for damages 2986 EVIDENCE Certified copies of recorded deeds 250 F FAMILY AND CHILDREN SERVICES, DEPARTMENT OF Georgia Public Assistance Act of 1965 385 Health insurance plan for county employees 515 FANNIN COUNTY Board of education and school superintendent, proposed amendment to the Constitution 762 Sheriff placed on salary basis 2294 FARMERS' MARKETS Leases 661 FAYETTE COUNTY Clerk of superior court placed on salary basis 2237 Commissioners of roads and revenues 3105 Ordinary placed on salary basis 2621 Sheriff placed on salary basis 2585 Tax commissioner placed on salary basis 3088 FISHING LICENSES Honorary licenses to disabled veterans 228

Page 823

FLINT JUDICIAL CIRCUIT Solicitor-general, etc. 410 FLOYD COUNTY Compensation of commissioners of roads and revenues 2329 Compensation of named officers, etc. 2322 Compensation of tax commissioner 2330 Easement authorized 582 Employees' pension code amended 3261 Office of treasurer abolished 3179 Powers of board of commissioners of roads and revenues 2407 FLOYD COUNTY, CITY COURT OF Salaries, assistant solicitor, etc. 2337 FONDREN, MISS KAY Compensation for damages 2807 FOREIGN CORPORATIONS Service of process 259 Service of process when acting in fiduciary capacity 276 FOREIGN DIVORCES Alimony 263 FOREIGN TRADE ZONES Authorized, procedure, etc. 40 FOREIGN TRUSTEES Service of process 232 FOREST PARK, CITY OF Merit system 3272 FORSBERG, E. C. A. Compensation for damages 2797 FORSYTH COUNTY Commissioners of roads and revenues 2419 Compensation of sheriff 2867

Page 824

FT. GAINES, CITY OF Corporate limits 2410 FORT VALLEY, CITY OF Charter amended 2526 FULTON COUNTY Chief deputies to certain officers 3374 Fire prevention systems 3377 Land conveyance authorized 560 Medical examiner 2497 Salary of solicitor-general, etc. 529 Teachers' retirement system Act amended 3411 FULTON COUNTY, CIVIL COURT OF Judges' salaries 3365 Salaries of chief deputy clerk and chief deputy marshal 3258 FULTON COUNTY, CRIMINAL COURT OF Salaries of judges and solicitor 3233 G GAINESVILLE, CITY OF Retirement system 3207 GAME AND FISH Honorary fishing licenses to disabled veterans 228 Taking of rough fish in certain counties (12,000-12,100) 662 GARDEN CITY, CITY OF Corporate limits 2759 GAS STORAGE Underground Gas Storage Act 463 GENERAL APPROPRIATIONS ACT Enacted 44 General Appropriations Act of 1963 amended 533 GENERAL ASSEMBLY Authority to delegate powers, proposed amendment to the Constitution 738 Election and duties of legislative counsel 270 Number of members of House of Representatives 175

Page 825

Reapportionment of House of Representatives 127 Special election for members of House of Representatives 349 Special elections 3 GEORGETOWN, TOWN OF Elections of mayor and council 2016 GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended 283 GEORGIA BIOLOGICAL PERMIT ACT Enacted 177 GEORGIA ELECTION CODE Notice of candidacy 224 Presidential electors, vote recorders 226 GEORGIA HEALTH CODE Amended, control of ionizing radiation 365 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Created 217 GEORGIA HISTORICAL COMMISSION Compensation of Secretary 500 GEORGIA HISTORICAL SOCIETY Charter amended 233 GEORGIA INSTITUTE OF TECHNOLOGY Water Resources Center 252 GEORGIA INSURANCE CODE See Insurance . GEORGIA MILK COMMISSION Milk Control Act amended 366 GEORGIA MOTOR BOAT NUMBERING ACT Amended 251 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 Enacted 385

Page 826

GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, compensation to dealers 321 Exemptions 13 GEORGIA SALE-OF CHECKS ACT Enacted 81 GEORGIA SECURITIES ACT Service of process 239 GEORGIA STATE SCHOLARSHIP COMMISSION Created 210 GEORGIA VETERINARY PRACTICE ACT Enacted 92 GINGER SALADS, INC. Compensation for damages 2644 GLASCOCK COUNTY Compensation of commissioners of roads and revenues 2460 GLYNN COUNTY Board of education audits 3308 Brunswick and Glynn County Development Authority, commerce defined 2928 Compensation of deputy sheriffs and jailors 2515 Superior court judge's salary 526 GLYNN COUNTY, MAGISTRATE'S COURT OF Created 2841 GOODE, GUYTON E. Compensation for damages 2646 GORDON, CITY OF New charter 2342 GORDON COUNTY Sheriff's salary 2632

Page 827

GRADE CROSSINGS Responsibility for blocking 645 GRADY COUNTY Compensation of commissioners of roads and revenues 2895 Land conveyance authorized 514 Sheriff placed on salary basis 2912 Superior court court reporter 42 Terms of superior court 12 GRAHAM, EDWARD F. Compensation for damages 2805 GREAT SEAL Use of facsimile by North Carolina Mutual Life Insurance Company 573 GREENE COUNTY Compensation of ordinary 2619 Compensation of sheriff, etc. 2450 GRIFFIN, CITY OF Corporate limits 3101 Elections 3079 GROGAN, JACK DONALD Compensation for damages 2787 GUARDIAN AND WARD Procedure for terminating guardianships 544 GWINNETT COUNTY Compensation of ordinary 2405 GWINNETT COUNTY, CIVIL AND CRIMINAL COURT OF Jurisdiction, terms, etc. 2810 H HABERSHAM COUNTY Sheriff placed on salary basis 2007 Superior court court reporter 643

Page 828

HALL COUNTY Terms of superior court 255 HARALSON COUNTY Compensation of treasurer 2436 HART COUNTY Coroner placed on salary basis 2561 Duties of board of finance 2930 Sheriff placed on salary basis 3119 HAWKINSVILLE, CITY OF Authority to sell described property 2951 , 2992 HAZLEHURST, CITY OF Taxation of insurance companies 3243 Taxation of life insurance companies 2445 Voting machines 3022 HEALTH, DEPARTMENT OF Birth certificates in adoption cases 546 HEARD COUNTY Compensation of commissioners of roads and revenues 2113 Sheriff placed on salary basis 2020 HENRY COUNTY Solicitor-general, etc. 410 HIGGSTON, TOWN OF Elections 2340 HIGHER EDUCATION ASSISTANCE CORPORATION Created 217 HIGHWAY NUMBER 316 Speed restrictions 322 HIGHWAYS Construction of airports by State Highway Department 449 Vegetation on banks, fills, etc. 628

Page 829

HISTORICAL COMMISSION, GEORGIA Compensation of Secretary 500 HISTORICAL SOCIETY, GEORGIA Charter amended 233 HOLLAND, H. C. Compensation for damages 2796 HOLY BIBLES Suspension of sales and use tax ratified 334 HOME RULE Municipal Home Rule Act of 1965 298 HOME RULE FOR COUNTIES Authorized, proposed amendment to the Constitution 752 HORNE, JOHN B. Compensation for damages 3412 HOSPITAL ADVISORY COUNCIL Membership 484 HOSPITAL AUTHORITIES Location of facilities 347 HOSPITALIZATION OF MENTALLY ILL PERSONS Procedure, etc. 490 HOUSE OF REPRESENTATIVES Number of members 175 Reapportionment 127 Special election for members 349 HOUSTON COUNTY Salary of solicitor-general 373

Page 830

HUSBAND AND WIFE Divorce and alimony 263 Marriage licenses 335 Persons able to contract marriage 500 I ICE CREAM Sale of adulterated ice cream 498 IDENTIFICATION OF PERSONS SUFFERING FROM CERTAIN ILLNESSES Protection, etc. 176 IMPOTENCY No disability to marriage contract 500 INCOME TAX ACT Amended, deductions by small businesses 323 Amended, exemptions 260 Correction of returns 276 Suspension of certain income taxes ratified 360 INDUSTRY AND TRADE, DEPARTMENT OF Air navigation markers 105 INHERITANCE, ETC. TAXES Reciprocity 547 INSANE PERSONS Service of process 237 INSPECTION OF MOTOR VEHICLES Act requiring, amended 188 INSURANCE Agents' residence requirements 369 Dividends of domestic stock insurers 483 Mortgage loans and investments 409 Payments to agents writing certain policies 368 Reports of insurers, etc. 378 Surplus line insurance brokers 248 Title of Georgia Insurance Code 371

Page 831

INTERIM COMMITTEE TO STUDY SEX CRIMES, ETC. Created, etc. 402 INTERIM SCHOLARSHIP STUDY COMMISSION Created 577 INVESTMENTS Trust companies, etc. 244 IONIZING RADIATION Control, Georgia Health Code amended 365 IRWIN COUNTY Superior court terms 246 J JACKSON, CITY OF Charter amended 3054 JEFF DAVIS COUNTY Superior court judge's salary 526 JEFFERSON, CITY OF Corporate limits, referendum 3408 JEFFERSON COUNTY Compensation of commissioners of roads and revenues 2234 Salary of solicitor-general 376 Sheriff placed on salary basis 2226 Sheriff's bond 2232 JENKINS COUNTY Land conveyance authorized 509 Law books 3187 Salary of solicitor-general 551 JOHNSON COUNTY Salaries of commissioners of roads and revenues 3236 Sheriff placed on salary basis 2579 State Board of Education to discontinue collection of overpayments 362

Page 832

JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM Created, etc. 421 JONES, SEABORN Compensation for damages 2790 JUDGES OF SUPERIOR COURT EMERITUS ACT Amended 102 JUDGMENTS, DORMANT Defined, etc. 272 JUDICIAL SALES Location in certain counties (500,000 or more) 3260 JUHAN, ARTHUR Compensation for damages 2980 JUVENILE COURTS Judges' salaries in certain counties (500,000 or more) 3364 Juvenile Court Act amended 433 K KENNEDY, HENRY C. Compensation for damages 3301 KENNEDY, J. CLIFF J. Cliff Kennedy-Reverend Reed B. Purcell bridge designated 329 KELLER, WALTER LEE Compensation for damages 3185 L LAGRANGE, CITY OF Ad valorem tax 2920 Contracts with officers 2434 Group insurance for employees 3304

Page 833

LAMAR COUNTY Sheriff placed on salary basis 2207 Solicitor-general, etc. 410 LANIER COUNTY Sheriff placed on salary basis 2036 LAURENS COUNTY Dublin-Laurens School System 2023 Office hours of designated officials 3013 LAW ENFORCEMENT OFFICERS Duty to protect persons suffering from certain illnesses 176 LAW LIBRARIES Act authorizing law libraries in certain counties amended, population figures changed (108,000-108,900) to (135,000-140,000) 3140 Authorized in certain counties (22,000-23,450) 2136 1964 Act not applicable in certain counties (13,250-13,274) 2572 1964 Act not applicable in certain counties (15,000-15,250) 2493 Change in population figures (30,500-31,000) to (26,200-28,200) 2453 Created in certain counties (19,000-19,600) 3171 Created in certain counties (114,000-135,000) 2875 LAWRENCEVILLE, CITY OF Charter amended 2564 LAYING HENS Property exempt from taxation 182 LEE COUNTY BOARD OF EDUCATION Compensation for damages 2640 LEE COUNTY Compensation of ordinary 2401 Salary of solicitor-general 253 Treasurer's salary 2854

Page 834

LEESBURG, CITY OF Elections, etc. 3003 LEGAL ADVERTISEMENTS Rates 174 LEGISLATIVE COUNSEL Election, duties, etc. 270 LEGISLATIVE SERVICES COMMITTEE Election and duties of legislative counsel 270 LESLIE, TOWN OF Elections 2509 LINCOLN COUNTY Sheriff placed on salary basis 2486 LINCOLNTON, CITY OF Charter amended 2973 LITHONIA, CITY OF Charter amended 3270 LOCAL GOVERNMENT AND REVENUE STUDY COMMITTEE Created 358 LONG COUNTY Compensation of sheriff, etc. 2060 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Law books 2984 LOUISVILLE, CITY OF Arbitration of tax assessments 2916 LUMPKIN COUNTY Terms of superior court 255

Page 835

LOWNDES COUNTY Land conveyance authorized 570 LYONS, CITY COURT OF Practice and procedure 3061 Salaries, clerical help, etc. 3010 Mc McCORKLE, H. F. Compensation for damages 2800 McDUFFIE COUNTY Compensation of coroner, referendum 2480 McINTOSH COUNTY Officers placed on salary basis 3239 M MACON, CITY OF Charter amended 3315 MACON COUNTY Salary of solicitor-general 253 MACON JUDICIAL CIRCUIT Salary of solicitor-general 373 MADISON COUNTY Board of commissioners of roads and revenues 2667 Named officials placed on salary basis, referendum 3068 Sheriff placed on salary basis 2962 MADSON COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY Created, proposed amendment to the Constitution 718 MADISON-MORGAN COUNTY AIRPORT AUTHORITY ACT Enacted 2687

Page 836

MAGISTRATE'S COURT OF GLYNN COUNTY Created 2841 MANCHESTER, CITY OF Elections 3065 MARIETTA, CITY OF Charter amended 3126 Cobb County-Marietta Water Authority Act amended 2762 Tax for educational purposes, proposed amendment to the Constitution 680 MARION COUNTY Sheriff placed on salary basis 2828 MARION COUNTY BOARD OF EDUCATION Districts, etc., proposed amendment to the Constitution 742 MARKETING ASSOCIATIONS Cooperative Marketing Act amended 395 MARRIAGE LICENSES See also Husband and Wife . Issuance, etc. 335 MEETINGS OF PUBLIC BOARDS, ETC. Opening meetings required 118 MENTALLY ILL PERSONS Hospitalization, etc. 490 Procedure for terminating guardianships 544 MERCER, JOSEPH B. Joseph B. Mercer bridge designated 400 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Enacted 2243 METTER, CITY COURT OF Judge 2298

Page 837

MIDDLE JUDICIAL CIRCUIT Salary of solicitor-general 376 MILAN, CITY OF Elections 2213 MILK CONTROL ACT Amended, name, etc. 366 MILLEDGEVILLE, CITY OF Qualifications of mayor, referendum 2306 Voter registration, etc. 2319 MILLER COUNTY Sheriff placed on salary basis 3112 MILLER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 691 MINERAL LEASING COMMISSION Members, etc. 590 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 15 MINORS Contracts by certain minors 234 Service of process 237 MITCHELL COUNTY Superior court court reporter 42 MITCHELL, TOWN OF Elections 2478 MONROE COUNTY Solicitor-general, etc. 410

Page 838

MONTEZUMA, CITY OF Corporate limits 2423 MONTGOMERY COUNTY Compensation of solicitor-general 641 MORGAN COUNTY Madison-Morgan County Airport Authority Act 2687 MOTOR BOAT NUMBERING ACT Renewal of licenses 251 MOTOR CARRIERS, NON RESIDENT Service of process 257 MOTOR COMMON CARRIERS Service of process upon non-resident motor common carriers 418 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 264 , 304 MOTOR VEHICLES Braking systems for trailers 406 Driver Responsibility Law amended 456 Inspection 188 License plates, tax collectors' duties, etc. 5 Non resident motorist Act amended 231 Punishment for larceny, etc. 504 Size and load limitations 206 Speed restrictions on highway number 316 322 Tags for disabled veterans 325 Tax law amended 399 MOULTRIE, CITY OF Elections 2744 MT. AIRY, TOWN OF Elections, etc. 2462 MOUNTAIN JUDICIAL CIRCUIT Court reporter 643 Terms in Towns County 257

Page 839

MUNICIPAL COURT, CITY OF AUGUSTA New Act creating 2144 MUNICIPAL HOME RULE ACT OF 1965 Enacted 298 MUNICIPALITIES See also Named Municipality . Act providing pension system for employees of certain cities amended (150,000 or more) 2932 , 3256 , 3399 Act providing pension system for firemen of certain cities amended (150,000 or more) 3271 Contracts with political subdivisions in certain counties (135,000-140,000) 3179 Funds to construct and maintain streets 458 Joint Municipal Employees' Retirement System Act 421 Pension Act for members of police departments of certain cities amended (150,000 or more) 2112 Planning Commissions Act amended, powers 536 Primary elections in certain cities (200,000 or more) 3419 Selection of judges of traffic courts in certain municipalities (300,000 or more) 2304 Taxation of alcoholic beverages 451 MURRAY COUNTY Terms of superior court 454 MUSCOGEE COUNTY Port development commission, proposed amendment to the Constitution 702 N NAVIGATION, AIR Markers 105 NEWNAN, CITY COURT OF Solicitor's secretary 2624 NEWNAN, CITY OF Tax executions for license fees 3311 NEWNAN-COWETA COUNTY AIRPORT AUTHORITY Created, etc. 2041

Page 840

NEWTON COUNTY Additional judge of superior court 295 Compensation of superior court judges 374 Employees of sheriff 2616 Salaries of commissioner of roads and revenues, and board of directors 2892 Salary of solicitor-general 450 NON-RESIDENT MOTOR CARRIERS Service of process 257 NON-RESIDENT MOTORIST ACT Amended, service of process 231 NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY Use of facsimile of Great Seal authorized 573 NORTH GEORGIA MOUNTAINS COMMISSION Members 487 NORTHEASTERN JUDICIAL COURT Terms 255 NURSES, PRACTICAL Per diem of examiners 455 O OCILLA, CITY OF Corporate limits 2953 OCONEE COUNTY Sheriff placed on salary basis 2430 OCONEE JUDICIAL CIRCUIT Compensation of solicitor-general 641 ODUM, CITY OF Authority to sell described land 2141

Page 841

OGEECHEE JUDICIAL CIRCUIT Salary of solicitor-general 551 OLEOMARGARINE Excise tax repealed 373 OPEN MEETINGS OF PUBLIC BOARDS, ETC Open meetings required 118 OPEN WELLS Filling or otherwise making safe 446 ORDINARIES See also Named County . Bonds 453 Compensation in certain counties (31,050-33,000) 2618 Compensation in certain counties (500,000 or more) 3238 Hospitalization of mentally ill persons, etc. 490 Marriage licenses 335 P PARDONS AND PAROLES Revocation of parole, etc. 478 Statewide Probation Act amended 413 PAREGORIC Possession a crime 648 PAROLES Revocation, etc. 478 PAULDING COUNTY Act placing officers on salary basis amended 2241 Clerical help for tax commissioner 2223 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 593 PEACH COUNTY Office of treasurer abolished 2837 Salary of solicitor-general 373 Sheriff placed on salary basis 2783

Page 842

PEARSON, CITY OF Charter amended 2284 PEMBROKE, CITY COURT OF Compensation of solicitor 2469 Judge's salary 2539 PENAL AND REHABILITATION AUTHORITY Bonds 591 PHILLIPS, PAUL E. Compensation for damages 2642 PIERCE COUNTY Compensation of commissioners of roads and revenues 2068 Sheriff placed on salary 2071 PIERCE COUNTY INDUSTRIAL DEVELOPMENT AND BUILDING AUTHORITY Created, proposed amendment to the Constitution 683 PIKE COUNTY Sheriff placed on salary basis 2438 PITTS, CLIFF Compensation for damages 2809 PLANNING COMMISSIONS ACT Amended, powers 536 POOLER, TOWN OF Corporate limits 3399 POULTRY Property exempt from taxation 182 POWDER SPRINGS, CITY OF Charter amended 2737

Page 843

POWERS OF COUNTY GOVERNMENT Defined, proposed amendment to the Constitution 758 PRACTICAL NURSES Per diem of examiners 455 PRACTICE AND PROCEDURE Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240 Certified copies of recorded deeds as evidence 250 Corporation name certificates 278 Divorce and alimony 263 Dormant judgments 272 Employees of Secretary of State to accept service of process 646 Forfeiture of appearance bonds 266 Georgia Administrative Procedure Act amended 283 Non-resident motor common carriers, service of process 418 Non-resident Motorist Act, service of process 231 Procedure for terminating guardianships 544 Release of defendants in bail trover cases 542 Service of process on foreign corporations acting in fiduciary capacities 276 Service of process on foreign trustees 232 Service of process on non-resident motor carriers 257 Service of process under Georgia Securities Act 239 Service of process upon carnivals, etc. 235 Service of process upon foreign corporations 259 Service of process upon minors and insane persons 237 PRIDGEN, GEORGE W. George W. Pridgen Roadside Park designated 328 PROBATION Revocation of parole, etc. 478 Statewide Probation Act amended 413 PROPERTY EXEMPT FROM TAXATION Laying hens 182 PROTECTION OF PERSONS SUFFERING FROM CERTAIN ILLNESSES Identification, etc. 176

Page 844

PUBLIC ASSISTANCE ACT OF 1965 Enacted 385 PUBLIC BOARDS, ETC. Open meetings required 118 PUBLIC HEALTH, DEPARTMENT OF Birth certificates 651 PUBLIC SAFETY, DEPARTMENT OF Compensation, etc. 125 PUBLIC SCHOOLS Committee to study costs of public schools 505 PULASKI COUNTY Clerk of superior court placed on salary basis 2523 Compensation of commissioner of roads and revenues 2940 Compensation of solicitor-general 641 Ordinary placed on salary basis 2483 Sheriff placed on salary basis 2612 PURCELL, REVEREND REED B. J. Cliff Kennedy-Reverend Reed B. Purcell bridge designated 329 PUTNAM COUNTY Compensation of commissioners of roads and revenues, referendum 2862 Coroner placed on salary 2040 Q QUITMAN, CITY OF Chairman of board of commissioners 2944 Number of commissioners, referendum 3226 QUITMAN COUNTY Commissioners of roads and revenues 2013 Members of board of education 2571 Office of tax commissioner created 2835 Sheriff placed on salary basis 2626

Page 845

R RABUN COUNTY Compensation of ordinary, etc. 2473 Secretarial assistant for clerk of superior court 3205 Secretary of tax commissioner 2519 Sheriff placed on salary basis 3218 Superior court court reporter 643 RAILROADS Responsibility for blocking grade crossings 645 RANDOLPH COUNTY Ordinary placed on salary basis 2491 Sheriff placed on salary basis 2903 RAPID TRANSIT Metropolitan Atlanta Rapid Transit Authority Act of 1965 2243 REAL ESTATE Real Estate Brokers and Salesman Act amended 629 REAL ESTATE LOANS Banks and banking 281 REAL PROPERTIES CONTROL COMMISSION ACT Amended 249 REAL PROPERTY Sale by certain counties (150,000-175,000) 239 REAPPORTIONMENT See also General Assembly . House of Representatives 127 RECIPROCITY Inheritance, etc. taxes 547 RECREATIONAL AREAS Liability of owners 476

Page 846

REDDISH, I. E. Relieved as security on bond 3303 RESOURCES ADVISORY BOARD, SOUTHEAST RIVER BASINS Old age and survivors insurance for employees 508 RETIREMENT See also Name of Retirement System . Act providing pension system for employees of certain cities amended (150,000 or more) 2932 , 3256 , 3399 Act providing pension system for firemen of certain cities amended (150,000 or more) 3271 Act providing retirement for members of police departments of certain cities amended (150,000 or more) 2112 Employees' Retirement System Act amended, 1965 Act repealed 199 Employees' Retirement System of Georgia Act amended 106 Joint Municipal Employees' Retirement System Act 421 Judge of Superior Court Emeritus Act amended 102 Peace Officers Annuity and Benefit Fund Act amended 593 Resources Advisory Board, Southeast River Basins employees 508 Solicitors-General Retirement Fund Act amended 481 Teachers' Retirement System Act amended 112 , 208 , 267 , 438 , 652 REVENUE Correction of income tax returns 276 Enforcement of tax executions 316 Excise tax on oleomargarine repealed 373 Income tax Act amended, deductions 323 Income tax, exemptions 260 Inheritance, etc. taxes, reciprocity 547 Local taxation of alcoholic beverages 451 Motor vehicle license plates 5 Motor vehicle license tags for disabled veterans 325 Motor vehicle tax law amended 399 Occupation taxes on corporations 344 Payment of taxes in certain counties (114,000-120,000) 435 Property exempt from taxation, laying hens 182 Sales and Use Tax Act amended, compensation to dealers 321 Sales and Use Tax Act amended, exemptions 13 Tax returns in certain counties (114,000-120,000) 258 , 274 RICHMOND COUNTY Chief assistant solicitor-general 80

Page 847

RINGGOLD, CITY OF Waterworks and sewerage system 2933 RIVERDALE, CITY OF Group insurance for employees 3224 ROBERTS, TED Compensation for damages 2801 ROCKDALE COUNTY Additional judge of superior court 295 Compensation of superior court judges 374 Salary of solicitor-general 450 ROCKMART DEVELOPMENT AUTHORITY Created 3150 ROME, CITY OF Corporate limits 3402 Employees' retirement Act amended 2279 ROSSVILLE, CITY OF Corporate limits 3017 ROSWELL, CITY OF Corporate limits 3175 ROUGH FISH Taking in certain counties (12,000-12,100) 662 RYDER TRUCK RENTAL, INC. Compensation for damages 2981 S ST. MARYS, CITY OF Voting machines 3019 SALE-OF CHECKS Georgia Sale-of Checks Act 81

Page 848

SALES AND USE TAX ACT Compensation to dealers 321 Exemptions 13 SAVANNAH, CITY OF Chatham County-Savannah board of tax assessors 3354 SAVANNAH-CHATHAM COUNTY BOARD OF EDUCATION Members 2221 SAVANNAH PORT AUTHORITY Name, members, etc., proposed amendment to the Constitution 675 SCHLEY COUNTY Salary of solicitor-general 253 Sheriff placed on salary basis 2558 SCHOLARSHIP COMMISSION Georgia State Scholarship Commission created 210 SCIENTIFIC DATA Stealing scientific data, etc. 647 SCREVEN COUNTY Salary of solicitor-general 551 SECRETARY OF STATE Authority to designate employees to accept service of process 646 Branch depositories of Department of Archives and History 623 Building and Loan Act amended 473 Corporation annual returns 640 Names of corporations 602 Service of process on foreign trustees 232 Service of process on non-resident motor carriers 257 Service of process under Georgia Securities Act 239 Service of Process under Non-Resident Motorist Act 231 Service of process upon carnivals, etc. 235 Service of process upon foreign corporations 259 Service of process upon foreign corporations acting in fiduciary capacities 276 Service of process upon non-resident motor common carriers 418

Page 849

SECURITIES Service of process under Georgia Securities Act 239 SEVENTEEN MILE RIVER Seventeen Mile River designated 334 SEX CRIMES Interim committee to study sex crimes, etc. 402 SHERIFFS See also named County . Bonds 448 Compensation in certain counties (12,650-13,000) 3007 Sheriffs' sales in certain counties (500,000 or more) 3260 SMALL CLAIMS COURTS Act creating in certain counties amended (33,300-34,056) 3076 Judges in certain counties (23,300-23,699) 2678 Qualification of judges in certain counties (16,500-16,700) 2240 SMITHVILLE, CITY OF Elections, etc. 2573 SMYRNA, CITY OF Charter amended 3023 SOCIAL SECURITY REGULATIONS Request for change in regulations 576 SOLICITORS-GENERAL See also named Judicial Circuit . Retirement Act amended 481 SOUTH GEORGIA JUDICIAL CIRCUIT Court reporter 42 SOUTHEASTERN JUDICIAL CIRCUIT Salary of solicitor-general 253 SPALDING COUNTY Law books 2977

Page 850

STATE BOARD OF BARBERS ACT Amended 603 STATE BOARD OF PARDONS AND PAROLES ACT Amended, revocation of paroles 478 STATE DEPARTMENT OF FAMILY AND CHILDREN SERVICES Georgia Public Assistance Act of 1965 385 Health insurance plan for county employees 515 STATE HIGHWAY DEPARTMENT Vegetation on banks, fills, etc. 628 STATE PENAL AND REHABILITATION AUTHORITY Bonds, etc. 591 STATE PROPERTIES ACQUISITION COMMISSION Created, etc. 396 STATE PROPERTIES CONTROL CODE Amended 663 STATE REAL PROPERTIES CONTROL COMMISSION Amended 249 Authority to sell described property 332 STATENVILLE, CITY OF Town of Statesville, reincorporated, referendum 3160 STATESVILLE, TOWN OF Corporate limits 3167 Reincorporated as City of Statenville, referendum 3160 STATEWIDE PROBATION ACT Amended 413 STATUTE OF FRAUDS Contracts to be in writing 247

Page 851

STEPHENS COUNTY Additional deputy sheriff 2476 Superior courtcourt reporter 643 STEWART COUNTY Compensation of clerk of superior court 2600 Salary of solicitor-general 253 STONE MOUNTAIN JUDICIAL CIRCUIT Additional judge 295 Compensation of judges 374 Salary of solicitor-general 450 STREETS Funds to municipalities to construct and maintain 458 SUIT, MRS. MACK Compensation for damage 2794 SUMMERVILLE, CITY OF Authority to close street 3173 Ordinances 2703 SUMTER COUNTY Salary of solicitor-general 253 Sheriff placed on salary basis 2748 Terms of superior court 274 SUPERIOR COURTS See also named county and Judicial Circuit . Clerks' bonds 419 Clerks' fees 525 Judges' salaries 528 Storage of records 625 SUPPLEMENTARY APPROPRIATIONS ACT Enacted 7 SUPREME COURT Appellate Practice Act of 1965 18 Appellate Practice Act of 1965 amended 240 Costs 650

Page 852

SURPLUS LINE INSURANCE BROKERS Licensing 248 SUSPENSION OF SALES AND USE TAX Chapel of All Faiths Foundation, Inc. 331 Holy Bibles, etc. 334 SWEET, STEVE Compensation for damages 2793 SYLVESTER, CITY COURT OF Compensation of judge and solicitor 2062 SYLVESTER, CITY OF Charter amended 2065 T TALBOT COUNTY Sheriff placed on salary basis 2869 TALLAPOOSA, CITY OF Tax for school purposes 2455 TARLETON, WILLIAM MARVIN Compensation for damages 2788 TAX ASSESORS See also named county . Compensation in certain counties (300,000 or more population in city in county) 2736 Duties in certain counties (114,000-120,000) 236 TAX COLLECTORS See also named county . Compensation 626 Compensation in certain counties (7,950-8,150) 2465 Motor vehicle license plates 5 TAX COMMISSIONERS See also named county . Compensation 626 Duties in certain counties (15,250-15,500) 2514

Page 853

TAX EXECUTIONS Time of enforcement 316 TAX RECEIVERS See also named county . Compensation in certain counties (7,950-8,150) 2735 TAX RETURNS Returns in certain counties (114,000-120,000) 258 , 274 Time of making in certain counties (250,000-500,000) 343 TAYLOR COUNTY Sheriff placed on salary basis 2291 TEACHERS RETIREMENT SYSTEM OF GEORGIA ACT Amended 112 , 208 , 267 , 438 , 652 TELEGRAPH COMPANIES Defrauding, etc. 420 TELEPHONE COMPANIES Defrauding, etc. 420 TELFAIR COUNTY Compensation of solicitor-general 641 Compensation of tax commissioner 2725 Land conveyance authorized 327 Sheriff placed on salary basis 2923 TERRELL COUNTY BOARD OF EDUCATION Districts, etc., proposed amendment to the Constitution 746 THOMAS COUNTY Fire protection districts, referendum 2680 THOMASTON, CITY OF Code 92-4101 through 92-4104 not applicable 317 Corporate limits 2717 Taxation 3169 THOMASVILLE, CITY OF Employees' pension system 2754

Page 854

TIFT COUNTY Chairman of commissioners of roads and revenues 3085 Clerk of superior court placed on salary basis, referendum 2608 Tax commissioner placed on salary basis, referendum 2705 Tax to support development authority, proposed amendment to the Constitution 736 Ordinary placed on salary basis, referendum 2541 Sheriff placed on salary basis 2545 Terms of commissioners of roads and revenues 2825 TINCTURE OF CAMPHORATED OPIUM Possession a crime 648 TITLES, MOTOR VEHICLE Certificate of title Act amended 264 , 304 TOBACCO PRODUCTS Removing manufacturers numbers, a crime 262 TOOMBS COUNTY Salary of solicitor-general 376 TORTS Liability of owners of recreational areas 476 TOWNS COUNTY Superior court court reporter 643 Terms of superior court 257 TRADE ZONES, FOREIGN Foreign Trade Zone Act 40 TRAFFIC COURTS Selection of judges in certain municipalities (300,000 or more) 2304 TRAFFIC SAFETY COMMITTEE Traffic Safety Committee created 566 TRAILERS Braking system requirements 406

Page 855

TREASURERS, COUNTY Compensation in certain counties (135,000-140,000) 2334 TROVER Release of defendant in bail cases 542 TRUST COMPANIES Investments 244 TRUSTEES, FOREIGN Service of process 232 TURNER COUNTY Sheriff placed on salary basis 2029 U UNADILLA, CITY OF Authority to convey described property 2471 Charter amended 3081 Corporate limits, referendum 2582 UNDERGROUND GAS STORAGE ACT Enacted 463 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Braking systems for trailers 406 Inspection of motor vehicles 188 Speed on State highway 316 332 UNION CITY, CITY OF Charter amended 3413 UNION COUNTY Compensation of treasurer 2205 Superior court court reporter 643 UPSON COUNTY Sheriff placed on salary basis 2856

Page 856

V VALDOSTA, CITY OF Charter amended 3331 VERNONBURG, TOWN OF Number of commissioners 3370 Honorary fishing licenses to disabled veterans 228 Motor vehicle license tags for disabled veterans 325 VETERINARY PRACTICE ACT Georgia Veterinary Practice Act 92 W WALKER COUNTY Coroner placed on salary basis 2710 Sheriff placed on salary basis 2886 WALKER COUNTY, CITY COURT OF Solicitor 2604 WALTON COUNTY Compensation of commissioners of roads and revenues 2447 WARE COUNTY Act placing officers on salary basis amended 3229 WARNER ROBINS, CITY COURT OF Created, referendum 2650 WARRENTON, CITY OF Ad valorem taxation 2597 WASHINGTON COUNTY Clerk, centralized purchasing, audits, etc. 2388 Clerk of superior court placed on salary basis 2392 Salary of solicitor-general 376 Sheriff placed on salary basis 2395 WATER RESOURCES CENTER State agency designated, etc. 252

Page 857

WAYCROSS, CITY OF City manager 2200 WAYNE COUNTY Superior court judge's salary 526 WEBSTER COUNTY Salary of solicitor-general 253 Sheriff placed on salary basis 2425 WELLS, ABANDONED Filling or otherwise making safe 446 WELLS, W. L. Land conveyance authorized 553 WHEELER COUNTY Compensation of solicitor-general 641 Land conveyance authorized 327 Sheriff placed on salary basis 2970 WHITE COUNTY Old courthouse study committee 586 Sheriff placed on salary basis 2531 Terms of superior court 255 WHITFIELD COUNTY Terms of superior court 454 WILKES COUNTY Chairman of commissioners of roads and revenues, etc. 2942 Clerical assistants of tax commissioners 2636 WILKINSON COUNTY Ordinary placed on salary basis 2520 Sheriff placed on salary basis 2551 WILLACOOCHEE, CITY OF Elections 2287

Page 858

WINDER, CITY OF Easement authorized 563 WOODLAND, CITY OF Street closed 3368 WORTH COUNTY Compensation of commissioners of roads and revenues 2057 WRIGHTSVILLE, CITY COURT OF Act amended 2457 WRITE-IN VOTES Procedure, proposed amendment to the Constitution 765 WRITTEN CONTRACTS Certain contracts to be in writing 247 WYNN, C. DOSTIN Compensation for damage 2990

Page 859

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 _____ Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell _____ _____ _____ 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983

Page 860

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 12,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168

Page 861

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 35,404 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 7,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,837 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 23,487 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361

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Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,536 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 County Population Echols 1,876 Quitman 2,432 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151

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Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 Hart 15,229 Brooks 15,292 Tattnall 15,827 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

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MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1965 - 1966 Senators District Post Office Adams, J. W. (Bill) 26th 5046 Wesleyan Woods Dr., P.O. Box 462, Macon Ballew, Robert K. 50th P.O. Box 636, Blue Ridge Bateman, Oliver C. 27th 247 Candler Dr., Macon Broun, Paul C. 46th 520 W. Cloverhurst, Athens Carter, Jimmy 14th 1 Woodland Dr., Plains Coggin, Frank E. 35th 301-C International Office Park, 1001 Virginia Ave., Hapeville Dean, Roscoe Emory, Jr. 6th 612 Cherry St., Jesup Downing, Frank O. 1st 24 East Oglethorpe Ave., Savannah Edenfield, B. Avant 4th 231 S. Main St., Statesboro Eldridge, Frank, Jr. 7th Box 1141, Waycross Fincher, Jack. C., Sr. 51st 60 Muriel St., Canton Fincher, W. W. (Bill) Jr. 54th Green Rd., Chatsworth Flowers, William H. 10th P.O. Box 1219, Thomasville Foster, Roy G., Jr. 21st Box 327, Wadley Gayner, John M., III 5th Sunset Blvd., Country Club Park, Brunswick Gillis, Hugh M. 20th Soperton Gordy, A. Perry 15th P.O. Box 1442, 417 Empire Bldg., Columbus Hall, J. Battle 52nd Box 1267, Rome Hill, Render 29th P.O. Box 246, Greenville Holley, R. Eugene 22nd 716 Southern Finance Bldg., Augusta Holloway, A. W. (Al) 12th P.O. Box 588, Albany Jackson, Harry C. 16th 1718 - 3rd Ave., Columbus Johnson, Ben F. 42nd Emory University Law School, Atlanta Johnson, Leroy R. 38th 960 Hunter St., S.W., Suite 207, Atlanta Kendrick, Edward S. 32nd Rt. 1, Bells Ferry Rd., Marietta Kidd, Culver 25th Milledgeville Kilpatrick, Kenneth 44th 134 West Mill St., Jonesboro Lee, Robert E., Jr. 47th P.O. Box 548, Elberton

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Loggins, Joseph E. 53rd West Washington St., Summerville MacIntyre, Dan S., III 40th 919 W. Peachtree St., N.E., Atlanta 9 McGill, Sam P. 24th Tignall Rd., Washington McKenzie, John Thomas 17th P.O. Box 271, Montezuma Miller, Frank Gilbert 43rd 3361 Rainbow Dr., Decatur Minish, Dr. J. Albert 48th Commerce Moore, Albert 31st 306 S. College St., Cedartown Noble, Roy 19th R.F.D. 3, Vienna Owens, Erwin 49th Dahlonega Padgett, Michael J. 23rd Rt. 2, McBean Pennington, Brooks, Jr. 45th Crawford St., Madison Plunkett, Lamar R. 30th 50 Morris St., Bowdon Rowan, Robert A. (Bobby) 8th Enigma Salome, J. M. (Joe) 36th 946 Underwood Ave., S.E., Atlanta Sanders, H. E. Gene 41st 1409 Bank of Ga. Bldg., Atlanta Searcey, William A. 2nd 1919 New Mexico St., Savannah Smalley, Robert H., Jr. 28th P.O. Box 116, Griffin Smith, Stanley E., Jr. 18th Drawer F, 810 Forest Hill Dr., Perry Spinks, Ford B. 9th Rt. 1, Tifton Thompson, S. Fletcher 34th 2631 Hogan Rd., East Point Tribble, Joseph J. 3rd 402 [Illegible Text] Rd., Savannah Ward, Horace T. 39th 859 Hunter St., N.W., Atlanta Webb, Julian 11th Box 277, Donalsonville Wesberry, James P., Jr. 37th Box 8087, Atlanta Yancey, Kyle 33rd Rt. 2, Austell Young, Martin 13th Rt. 2, Rebecca

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1965 - 1966 District Name Address 1. Frank O. Downing 24 E. Oglethorpe Ave., Savannah 2. William A. Searcey 1919 New Mexico St., Savannah 3. Joseph J. Tribble 402 Arlington Rd., Savannah 4. B. Avant Edenfield 231 S. Main St., Statesboro 5. John M. Gayner III Sunset Blvd., Country Club Park, Brunswick 6. Roscoe Emory Dean, Jr. 612 Cherry St., Jesup 7. Frank Eldridge, Jr. Box 1141, Waycross 8. Robert A. (Bobby) Rowan Enigma 9. Ford B. Spinks Rt. 1, Tifton 10. William H. Flowers P.O. Box 1219, Thomasville 11. Julian Webb Box 277, Donalsonville 12. A. W. (Al) Holloway P.O. Box 588, Albany 13. Martin Young Rt. 2, Rebecca 14. Jimmy Carter 1 Woodland Dr., Plains 15. A. Perry Gordy P.O. Box 1442, 417 Empire Bldg., Columbus 16. Harry C. Jackson 1718 - 3rd Ave., Columbus 17. John Thomas McKenzie P.O. Box 271, Montezuma 18. Stanley E. Smith, Jr. Drawer F., 810 Forest Hill Dr., Perry 19. Roy Noble RFD 3, Vienna 20. Hugh M. Gillis Soperton 21. Roy G. Foster, Jr. Box 327, Wadley 22. R. Eugene Holley 716 Southern Finance Bldg., Augusta 23. Michael J. Padgett Rt. 2, McBean 24. Sam P. McGill Tignall Rd., Washington 25. Culver Kidd Milledgeville 26. J. W. (Bill) Adams 5046 Wesleyan Woods Dr., P.O. Box 462, Macon 27. Oliver C. Bateman 247 Candler Dr., Macon 28. Robert H. Smalley, Jr. P.O. Box 116, Griffin 29. Render Hill P.O. Box 246, Greenville 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. S. Fletcher Thompson 2361 Hogan Rd., East Point 35. Frank E. Coggin 301-C International Office Park, 1001 Virginia Ave., Hapeville 36. J. M. (Joe) Salome 946 Underwood Ave., S.E., Atlanta 37. James P. Wesberry, Jr. Box 8087, Atlanta 38. Leroy R. Johnson 960 Hunter St., S.W., Suite 207, Atlanta 39. Horace T. Ward 859 Hunter St., N.W., Atlanta 40. Dan I. MacIntyre, III 919 W. Peachtree St., N.E., Atlanta 9

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41. H. E. Gene Sanders 1409 Bank of Ga. Bldg., Atlanta 42. Ben F. Johnson Emory University Law School, Atlanta 43. Frank Gilbert Miller 3361 Rainbow Dr., Decatur 44. Kenneth Kilpatrick 134 West Mill St., Jonesboro 45. Brooks Pennington, Jr. Crawford St., Madison 46. Paul C. Broun 520 W. Cloverhurst, Athens 47. Robert E. Lee, Jr. P.O. Box 548, Elberton 48. Dr. J. Albert Minish Commerce 49. Erwin Owens Dahlonega 50. Robert K. Ballew P.O. Box 636, Blue Ridge 51. Jack C. Fincher, Sr. 60 Muriel St., Canton 52. J. Battle Hall Box 1267, Rome 53. Joseph E. Loggins W. Washington St., Summerville 54. W. W. (Bill) Fincher, Jr. Green Rd., Chatsworth

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES Representative County Post Office Abney, Billy Shaw Walker P.O. Box 607, LaFayette Acree, John W., M.D. Towns Hiawassee Allen, H. B. Tift 414 W. 14th St. Tifton Anderson, John H., Jr. Pulaski Anderson Rd. Hawkinsville Arnsdorff, B. Frank Effingham Springfield Bagby, George T. Paulding P.O. Box 85, Dallas Balkcom, Ralph M. Quitman Georgetown Ballard, W. D. (Donald) Newton Oxford (Post #1) Barber, Mac Jackson Commerce Beck, James E. Twiggs P.O. Box 188, Jeffersonville Bedgood, W. Randall, Jr. Clarke 375 W. View Dr., Athens Black, J. Lucius Webster Preston Blair, William E. Sumter 22 Laudig Ln., Americus Blalock, D. B. Coweta 40 Nimmons St., Newnan Bolton, Arthur K. Spalding Box 602, Griffin Bowen, J. O. (Jim) DeKalb 3310 Wiltshire Dr., Avondale Estates Bowen, Rooney L. Dooly Box 323, Vienna Brackin, J. O. Seminole Rt. 1, Iron City Branch, Warren Frank Tift Box 287, Tifton Brantley, Hines L. Candler Metter Brinkley, Jack T. Muscogee 2680 Dalewood Dr., Columbus Brooks, George B. Oglethorpe Crawford Brooks, Wilson Fulton 413 Standard Fed. Bldg., Atlanta

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Brown, Gene Bacon Ninth St., Alma Brown, M. Parks Hart P.O. 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 110 Smith St., Sandersville Chandler, Philip M. Baldwin 500 N. Tattnall St., Box 806, Milledgeville Clark, Joe T. Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Coker, Grady Newton, MD Cherokee P.O. Box 511, Canton Coker, Roy N. Turner Box 184, Sycamore Collins, John F. Toombs 100 Marcliff Rd., Vidalia Collins, Marcus E. Mitchell Rt. 1, Pelham Colwell, Carlton Union Box 133, Blairsville Conger, J. Willis Decatur 940 Pine St., Bainbridge Conner, James L. (Jimmy) Jeff Davis Hazlehurst Crowe, W. J. Worth Sylvester Dailey, J. T. Randolph P.O. Box 78, Cuthbert Davis, Truitt Heard Box 153, Franklin Dean, Nathan D. Polk 4009 Third Ave., Rockmart DeLoach, Dan J. Echols P.O. Box 102, Statenville DeVane, Marvin E. Schley Ellaville Dickinson, R. K. Douglas Rt. 2, Douglasville Dixon, Harry D. Ware 1303 Coral Rd., Waycross

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Dollar, Hubert Decatur 1005 Douglas Dr., Bainbridge Dorminy, A. B. C. (Brad) Ben Hill 701 W. Central Ave., Fitzgerald Doster, Norman B. Wilcox Rochelle Duncan, A. C. Fannin Box 356, McCaysville Duncan, Vernon W. Cobb 211 Durham St., Marietta Dunwody, W. Elliott, III Bibb P.O. Box 305, Macon Etheridge, Jack Paul Fulton 1026 Fulton Federal Bldg., Atlanta Evans, Jack D. McDuffie Neal Bldg., P.O. Box 372, Thomson Farrar, Robert H. DeKalb 2996 Majestic Cir., Avondale Estates Floyd, James H. Chattooga Box 521, Trion Flynt, Wales T. Taliaferro P.O. Box 189 Crawfordville Fulford, Ed T. Terrell Cinderella Ln., Dawson Gary, Arch Clayton 626 Valley Hill Rd., Riverdale Gibbons, W. J. Lowndes 2403 Fieldcrest Drive, Valdosta Grahl, Daniel K. Peach Fort Valley Griffin, E. E., Jr. Glascock Lake Caroline, Gibson Griffis, Virgil D. Cook 311 Bear Creek, Adel Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Harrell, A. Hewlette Fayette 440 Kelley Dr., Fayetteville Harrington, J. Floyd Baldwin Glenhaven, Milledgeville

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Harris, J. Robin DeKalb 250 E. Ponce de Leon Ave., Decatur Harris, Joe Frank Bartow P.O. Box 1250 Cartersville Harris, Reid W. Glynn Frederica Rd., St. Simons Is. Henderson, Waldo Atkinson RFD 2, Lakeland Herndon, Curtis C. Appling Box 61, Surrency Holder, Dr. Frank P., Jr. Dodge Drawer 569, Eastman Houston, Francis Pierce Blackshear Howell, W. Mobley Early Box 348, Blakely Hudgins, Floyd Chattahoochee Cusseta Hull, James M., Jr. Richmond Southern Finance Bldg., Augusta Hutchinson, R. S. (Dick) Dougherty 915 Sixth Ave., Albany Irvin, Thomas T. Habersham Rt. 1, Mt. Airy Jessup, Ben Bleckley Cochran Johnson, Dr. A. S., Jr. Elbert 302 Heard St., Elberton Johnson, Bobby W. Warren P.O. Box 122, Warrenton Jones, Charles M. Liberty 206 E. Court St., Hinesville Jones, Fred C., Jr. Lumpkin Dahlonega Jones, G. Paul, Jr. Bibb Box 96, Macon Jones, Milton Muscogee 3438 Sue Mack Dr., Columbus Jordan, Ben C. Cobb 143 Andrew Dr., Mableton Jordan, W. Harvey Calhoun Leary Kelly, Roy R. Jasper Monticello 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. R. Morgan 127 Harris St., Madison

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Lane, W. Jones Bulloch Box 484, Statesboro Lee, Fred S. Pike Box 35, Concord Lee, Grover B. Clinch P.O. Box 86, DuPont Lee, Wm. J. Bill Clayton RFD 1, Forest Park Leonard, Gerald H. Murray Box 291, Chatsworth Lewis, E. Brooks Wilkinson P.O. Box 296, Gordon Lewis, Preston B., Jr. Burke E. Sixth St., Waynesboro Looper, Max R. Dawson Dawsonville Lovett, W. Herschel Laurens 409 E. Jackson St., Dublin Lowrey, Sidney (Post #1) Floyd Rt. 7, Rome Luke, Edward C. Richmond 2283 Wrightsboro Rd., Augusta Maddox, J. C. Gordon Rt. 1, Calhoun Marshall, Asa M., Jr. Putnam 415 N. Jefferson St., Eatonton Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie Mauldin, A. T. Franklin P. O. Box 87, Carnesville Mauney, Thomas E. White P.O. Box 147 Cleveland McClelland, Ralph Fulton 1303 First Natl. Bank Bldg., Atlanta McCracken, J. Roy Jefferson Avera McDaniell, Hugh Lee Cobb 132 Anderson Circle, Smyrna McKemie, Henry G. Clay Coleman McRae, Robert Henry Talbot P.O. Box 8, Talbotton Melton, Quimby, Jr. Spalding Griffin

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Merritt, Mrs. Janet S. Sumter 234 West Dodson St., Americus Milhollin, Henry R. Coffee Rt. 2, Douglas Minge, Jerry Lee Floyd 519 E. 11th St., Rome Mitchell, Thomas M. Whitfield P.O. Box 272, Dalton Mixon, Harry Irwin First State Bank Bldg., Ocilla Moate, Marvin E. Hancock 608 Rabun, Sparta Moore, Don C. Stephens Rt. 4, Toccoa Moore, John Harvey Polk 503 N. Cave Spring St., Cedartown Moses, Edward C. Montgomery P. O. Box 188, Uvalda Murphy, Thomas B. Haralson 114 Sharpe St., Bremen NeSmith, Jimmy D. Meriwether P.O. Box 269, Manchester Nessmith, Paul S., 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 Oglesby, Jamie W. Thomas 119 Parkway Dr., Thomasville Otwell, James A. Forsyth Box 45, Cumming Overby, Howard L. Hall 1173 Riverside Dr., Gainesville Pafford, Robert C. Lanier Box 413, Lakeland Page, Donald A. Upson 206 Dianne Dr., Thomaston Paris, James W. Barrow 306 W. Wright St., Winder Parker, H. Walstein Screven Sylvania Perry, Eldridge W. Marion Buena Vista Peterson, David C. Houston Kathleen

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Phillips, Glenn S. Columbia Harlem Phillips, L. L. Pete Treutlen Box 166, Soperton Pickard, Mac Muscogee 1701 Crest Dr., Box 1657, Columbus Pope, Marion T., Jr. Cherokee P.O. Box 589, Canton Poss, Edwin C. Madison Rt. 1, Hull Potts, George W. Coweta Rt. 2, Newnan Rainey, Howard Crisp 201 8th St., South Cordele Reaves, Henry L. Brooks Quitman Reid, Herschel L. Carroll Rt. 2, Villa Rica Richardson, Willis J. (Dick), Jr. Chatham P.O. Box 2194, Savannah Roberts, Corbin C. Jones Gray Rhodes, J. R. (Jimmy), Jr. Baker Box 108, Newton Rodgers, H. Ben Charlton Folkston Rogers, Jimmie Long Ludowici Roper, Allen P. Greene Greensboro Ross, Ben B. Lincoln Lincolnton Rowland, Emory L. Johnson Wrightsville Rush, Dewey Tattnall Rt. 4, Box 262 Glennville Russell, Henry P., Jr. Thomas Rt. 1, Boston Savage, Dr. Carl P., Sr. Macon Montezuma Sewell, Dan E. Chatham 13 York St., E. Savannah Shea, Bart E. Chatham 920 Realty Bldg., Savannah Shuman, Jack W. Bryan Pembroke Simkins, L. H., Jr. Richmond 2815 Lombardy Ct., Augusta Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Box 355, Glenwood Singer, Sam S. Stewart Lumpkin Smith, Alan B. Glynn 1524 Richmond St., Brunswick Smith, Charles C. Camden 310 Wheeler St., St. Marys

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Smith, Geo. L. II Emanuel Swainsboro Smith, George T. Grady P.O. Box 156, Cairo Smith, J. R. Lamar 498 Rose Ave., Barnesville Smith, E. B., Jr. Telfair McRae Smith, Virgil T. Whitfield 609 Murry Hill Dr., Dalton Snow, Wayne J. Walker Rt. 2, Chickamauga Spikes, Harry Russell Troup 110 College Ave., LaGrange Spillers, Otis Newton 1425 Washington St., Rt. 1, Covington Stalnaker, Paul Houston 112 Pattie Dr., Warner Robins Steis, William Burton Harris P.O. Box 8, Hamilton Story, Earl P. Gwinnett Lawrenceville Strickland, Ernest W. Evans P.O. Box 416, Claxton Sweat, Ottis, Jr. Ware 710 Baltimore Ave., Waycross Tabb, Buck Miller 122 Main St., Colquitt Thomas, Glenn, Jr. Wayne 166 Groveland St., Jesup Thomason, Boyd Pickens RFD 2, Jasper Tidwell, Freddie J. Crawford Rt. 1, Lizella Tucker, Joe B. (Seat #2) Catoosa Ringgold Tucker, Ray M. Henry P.O. Box 469, McDonough Underwood, Ralph R. Taylor P.O. Box 576, Butler Vaughan, David N., Jr. Bartow P.O. Box 1234, Cartersville Vaughn, Clarence R., Jr. Rockdale Conyers Walker, Fred H. Lowndes 2117 Jerry Jones Dr., Valdosta

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Ware, J. Crawford Troup 2 S. Highway Hogansville Watkins, Dr. Charles B. Gilmer Ellijay Watson, Tom O. Gwinnett 475 Clayton St., S.E., Lawrenceville Wells, Hubert H. Oconee P.O. Box 11, Watkinsville White, Daniel H. McIntosh P.O. Box 475 Darien Wiggins, William J. Carroll 202 Tanner St., Carrollton Williams, George J. Coffee Rt. 1, Box 134, Axson Williams, W. M. (Bill) (Seat #1) Hall 630 Brenau Lane, Gainesville Wilson, Hoke S. Brantley Nahunta Woodward, Bailey Butts Box 11, Jackson Wright, John G. Wilkes P.O. Box 528, 115 Grove St., Washington

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MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1965-1966 County Representative Post Office Appling Curtis C. Herndon Box 61, Surrency Atkinson Waldo Henderson RFD 2, Lakeland Bacon Gene Brown Ninth St., Alma Baker J. R. (Jimmy) Rhodes, Jr. Box 108, Newton Baldwin J. Floyd Harrington (Post #1) Glenhaven, Milledgeville Baldwin Philip M. Chandler (Post #2) 500 N. Tattnall St., P.O. Box 806, Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris 306 W. Wright St., Winder Bartow Joe Frank Harris P.O. Box 1250, Cartersville Bartow David N. Vaughan, Jr. P.O. Box 1234, Cartersville Ben Hill A. B. C. (Brad) Dorminy 701 W. Central Ave., Fitzgerald Berrien W. D. (Jack) Knight P.O. Box 647, Nashville Bibb G. Paul Jones, Jr. Box 96, Macon Bibb W. Elliott Dunwody, III P.O. Box 305, Macon Bibb William E. Laite, Jr. 2948 Crestline Dr., Macon Bleckley Ben Jessup Cochran Brantley Hoke S. Wilson Nahunta Brooks Henry L. Reaves Rt. 2, Quitman Bryan Jack W. Shuman Pembroke Bulloch W. Jones Lane P.O. Box 484, Statesboro Bulloch Paul E. Nessmith, Sr. Rt. 4, Statesboro Burke Preston B. Lewis, Jr. E. Sixth St., Waynesboro Butts Bailey Woodward Box 11, Jackson

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Calhoun W. Harvey Jordan Leary Camden Charles C. Smith 310 Wheeler St., St. Marys Candler Hines L. Brantley Metter Carroll Herschel L. Reid Rt. 2, Villa Rica Carroll William J. Wiggins 202 Tanner St., Carrollton Catoosa Joe T. Clark (Seat #1) Ringgold Catoosa Joe B. Tucker (Seat #2) Ringgold Charlton H. Ben Rodgers Folkston Chatham Dan E. Sewell 13 York St., E., Savannah Chatham Willis J. (Dick) Richardson, Jr. P.O. Box 2194, Savannah Chatham Bart E. Shea 920 Realty Bldg., Savannah Chattahoochee Floyd Hudgins Cusseta Chattooga James H. Floyd Box 521, Trion Cherokee Grady Newton Coker, M.D. P.O. Box 511, Canton Cherokee Marion T. Pope, Jr. P.O. Box 589, Canton Clarke W. Randall Bedgood, Jr. 375 W. View Dr., Athens Clarke Chappelle Matthews 116 Shackelford Bldg., Athens Clay Henry G. McKemie Coleman Clayton Arch Gary 626 Valley Hill Rd., Riverdale Clayton Wm. J. Bill Lee R.F.D. 1, Forest Park Clinch Grover B. Lee P.O. Box 86, DuPont Cobb Vernon W. Duncan 211 Durham St., Marietta Cobb Hugh Lee McDaniell 132 Anderson Cir., Smyrna Cobb Ben C. Jordan 143 Andrew Dr., Mableton

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Coffee George J. Williams Rt. 1, Box 134, Axson Coffee Henry P. Milhollin Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie Colquitt David L. Newton Rt. 2, Norman Park Columbia Glenn S. Phillips Harlem Cook Virgil D. Griffis 311 Bear Creek Rd., Adel Coweta D. B. Blalock 40 Nimmons St., Newnan Coweta George W. Potts Rt. 2, Newnan Crawford Freddie J. Tidwell Rt. 1, Lizella Crisp Howard Rainey 201 8th St., South, Cordele Dade Maddox J. Hale Trenton Dawson Max R. Looper Dawsonville Decatur Hubert Dollar 1005 Douglas Dr., Bainbridge Decatur J. Willis Conger 940 Pine St., Bainbridge DeKalb J. O. (Jim) Bowen 3310 Wiltshire Dr., Avondale Estates DeKalb J. Robin Harris 250 E. Ponce de Ave., Decatur DeKalb Robert H. Farrar 2996 Majestic Cir., Avondale Estates Dodge Dr. Frank P. Holder, Jr. Drawer 569, Eastman Dooly Rooney L. Bowen Box 323, Vienna Dougherty George D. Busbee 204 N. Monroe St., Albany Dougherty Colquitt H. Odom 706 3rd Ave., Albany Dougherty R. S. (Dick) Hutchinson 915 Sixth Ave., Albany Douglas R. K. Dickinson Rt. 2, Douglasville Early W. Mobley Howell Box 348, Blakely

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Echols Dan J. DeLoach P. O. Box 102, Statenville Effingham B. Frank Arnsdorff Springfield Elbert Dr. Albert Sidney Johnson, Sr. 302 Heard St., Elberton Emanuel Geo. L. Smith II Swainsboro Evans Ernest W. Strickland P. O. Box 416, Claxton Fannin A. C. Duncan Box 356, McCaysville Fayette A. Hewlette Harrell 440 Kelley Dr., Fayetteville Floyd Sidney Lowrey Rt. 7, Rome Floyd Jerry Lee Minge 519 E. 11th St., Rome Forsyth James A. Otwell Box 45, Cumming Franklin A. T. Mauldin P. O. Box 87, Carnesville Fulton Wilson Brooks 413 Standard Federal Bldg., Atlanta Fulton Jack Paul Etheridge 1026 Fulton Federal Bldg., Atlanta Fulton Ralph McClelland 1303 First Natl. Bank Bldg., Atlanta Gilmer Dr. Charles B. Watkins Ellijay Glascock E. E. Griffin, Jr. Lake Caroline, Gibson Glynn Reid W. Harris Frederica Rd., St. Simons Island Glynn Alan B. Smith 1524 Richmond St., Brunswick Gordon J. C. Maddox Rt. 1, Calhoun Grady George T. Smith P. O. Box 156, Cairo Greene Allen P. Roper Greensboro Gwinnett Earl P. Story Lawrenceville

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Gwinnett Tom O. Watson 475 Clayton St., S. E., Lawrenceville Habersham Thomas T. Irvin Rt. 1, Mt. Airy Hall W. M. (Bill) Williams (Seat #1) 630 Brenau Lane, Gainesville Hall Howard T. Overby (Seat #2) 1173 Riverside Dr., Gainesville Hancock Marvin E. Moate 608 Rabun, Sparta Haralson Thomas B. Murphy 114 Sharpe St., Bremen Harris William Burton Steis P. O. Box 8, Hamilton Hart M. Parks Brown Box 37, Hartwell Heard Truitt Davis Box 153, Franklin Henry Ray M. Tucker P. O. Box 469, McDonough Houston David C. Peterson Kathleen Houston Paul Stalnaker 112 Pattie Dr., Warner Robins Irwin Harry Mixon First State Bank Bldg., Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins A. Sid Newton RFD 4, Millen Johnson Emory L. Rowland Wrightsville Jones Corbin C. Roberts Gray Lamar J. R. Smith 498 Rose Ave., Barnesville Lanier Robert C. Pafford Box 413, Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter Laurens W. Herschel Lovett 409 E. Jackson St., Dublin Lee H. Goodwin Hall Rt., 2, Leesburg

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Liberty Charles M. Jones 206 E. Court St., Hinesville Lincoln Ben B. Ross Lincolnton Long Jimmie Rogers Ludowici Lowndes W. J. Gibbons (Deceased 1-13-65) Lowndes Fred H. Walker 2117 Jerry Jones Dr., Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon Dr. Carl P. Savage, Sr. Montezuma Madison Edwin C. Poss Rt. 1, Hull Marion Eldridge W. Perry Buena Vista McDuffie Jack D. Evans Thomson McIntosh Daniel H. White Darien Meriwether Jimmy D. NeSmith P. O. Box 269, Manchester Miller Buck Tabb 122 Main St., Colquitt Mitchell Marcus E. Collins Rt. 1, Pelham Monroe Harold G. Clarke Forsyth Montgomery Edward C. Moses P. O. Box 188, Uvalda Morgan E. R. Lambert 127 Harris St., Madison Murray Gerald H. Leonard Chatsworth Muscogee Jack Brinkley 2680 Dalewood Dr., Columbus Muscogee Milton Jones 3438 Sue Mack Dr., Columbus Muscogee Mac Pickard 1701 Crest Dr., Box 1657, Columbus Newton W. D. (Donald) Ballard Oxford Newton Otis Spillers 1425 Washington St., Rt. 1, Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding George T. Bagby P. O. Box 85, Dallas

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Peach Daniel K. Grahl 1011 First St., Fort Valley Pickens Boyd Thomason R.F.D. 2, Jasper Pierce Francis Houston Blackshear Pike Fred S. Lee Box 35, Concord Polk Nathan D. Dean 4009 Third Ave., Rockmart Polk John Harvey Moore 503 N. Cave Spring St., Cedartown Pulaski John H. Anderson, Jr. Anderson Rd., Hawkinsville Putnam Asa M. Marshall, Jr. 415 N. Jefferson St., Eatonton Quitman Ralph M. Balkcom Georgetown Rabun Knox Bynum Clayton Randolph J. T. Dailey P. O. Box 78, Cuthbert Richmond L. H. Simkins, Jr. 2815 Lombardy Ct., Augusta Richmond Edward C. Luke 2283 Wrightsboro Rd., Augusta Richmond James M. Hull, Jr. Southern Finance Bldg., 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 Spalding Quimby Melton, Jr. Griffin Stephens Don C. Moore Rt. 4, Toccoa Stewart Sam S. Singer Lumpkin Sumter William E. Blair 22 Laudig Lane, Americus Sumter Mrs. Janet S. Merritt 234 W. Dodson St., Americus Talbot Robert Henry McRae Talbotton Taliaferro Wales T. Flynt P. O. Box 189, Crawfordville

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Tattnall Dewey Rush Rt. 4, Box 262, Glennville Taylor Ralph R. Underwood Butler Telfair E. B. Smith, Jr. McRae Terrell Ed T. Fulford Cinderella Ln., Dawson Thomas Henry P. Russell, Jr. Rt. 1, Boston Thomas Jamie W. Oglesby 119 Parkway Dr., Thomasville Tift H. B. Allen 414 W. 14th St., Tifton Tift Warren Frank Branch Box 287, Tifton Toombs John F. Collins 100 Marcliff Rd., Vidalia Towns John W. Acree, M.D. Hiawassee Treutlen L. L. Pete Phillips Box 166, Soperton Troup Harry Russell Spikes 110 College Ave., LaGrange Troup J. Crawford Ware 2 S. Highway Hogansville Turner Roy N. Coker Box 184, Sycamore Twiggs James E. Beck P. O. Box 188, Jeffersonville Union Carlton Colwell Box 133, Blairsville Upson Johnnie L. Caldwell Thomaston Upson Donald A. Page 206 Dianne Dr., Thomaston Walker Billy Shaw Abney P. O. Box 607, LaFayette, 30728 Walker Wayne Snow, Jr. Rt. No. 2, Chickamauga Walton J. T. Byrd Rt. 3, Loganville Ware Otis Sweat, Jr. 710 Baltimore Ave., Waycross Ware Harry D. Dixon 1303 Coral Rd., Waycross

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Warren Bobby W. Johnson P. O. Box 122, Warrenton Washington Tom C. Carr 110 Smith St., Sandersville Wayne Glenn Thomas, Jr. 166 Groveland St., Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Box 355, Glenwood White Thomas E. Mauney Cleveland Whitfield Thomas M. Mitchell Dalton Whitfield Virgil T. Smith Dalton Wilcox Norman B. Doster Rochelle Wilkes John G. Wright P. O. Box 528, 115 Grove St., Washington Wilkinson E. Brooks Lewis Gordon Worth W. J. Crowe Sylvester

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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1964 AS OF MAY, 1964 Referendums Status Not Final Georgia Laws Proposed Unknown Held 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 3 _____ 44 1961 27 _____ 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 36 2 3 31 1964 Ex. Sess. 9 2 1 6 TOTALS 392 22 19 351

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REFERENDUM ELECTIONS1953-1964 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 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613

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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain county officers on salary basis 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164 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 890

McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County 9- 8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 Georgia Laws, 1955: Baldwin 2830 County Commissioners 4-20-55* For1079 *Special election held May 31, 1955 and 2 additional members elected. Agn 716 Clarke 3057 Merger city and county school systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13

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DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. [Illegible Text] to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 Judge, City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

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Colquitt 2830 City of Moultrie 10- 1-56 * * 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: For 99; Agn 57 [unk] Area vote: Area 2Colonial Heights Area: For145; Agn 83 Area 3Crestwood Gardens Area: For 27; Agn 87 Area 4East Moultrie Area: For 41; Agn147 Area 5Tifton Highway Area: For 29; Agn107 Area 6Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 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 indiv dual referendum elections.

Page 894

Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41; Agn 159

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Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831 Georgia Laws, 1957: Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99 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 896

Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934

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Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 Georgia Laws, 1958: Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 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 898

Chattahoochee 2554 Compensation of Sheriff 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn 1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96

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Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Fulton and Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton and Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton and Clayton 3212 City of East Point 7-16-58 For 63 Agn 28 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 900

Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 Gainesville City Commission 4- 1-58 For 925 Agn 169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

Page 901

Pulaski 2826 Tax Commissioner 11 458 For222 Agn235 Putnam 2980 City of Eatonton 61158 For 42 Agn257 Tift 2697 City of Tifton 5 758 For669 Agn 43 Tift 2696 City of Tifton 43058 For333 Agn286 Tift 2930 City of Tifton Commissioners 52858 For338 Agn338 Ware 2763 City of Manor 51758 For 19 Agn100 Wilkes 2091 County Commissioners 11 458 For749 Agn 98 White 3224 County Commissioners Not held Georgia Laws, 1959: Bartow 2782 City of Cartersville 42959 For 79 Agn154 Bartow 2793 City of Cartersville 42959 For 3 Agn 21 Bartow 2797 City of Adairsville 51259 For 77 Agn120 Bartow 2907 City of White (Sec. 2) 51659 For 7 Agn 36 Bartow 2907 City of White 51659 For 27 Agn 45 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 902

Bartow 2920 City of Kinston 51659 For 49 Agn 2 Catoosa 2161 County Commissioners 32859 For 718 Agn2430 Chattooga 2809 City of Summerville 52359 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4 459 For1522 Agn 509 Clayton Fulton 2499 City of College Park 51859 For 14 Agn 38 Clayton Fulton 2508 City of College Park 51859 For 0 Agn 0 Clayton Fulton 2516 City of College Park 51859 For 5 Agn 0 Clayton Fulton 2521 City of College Park 51859 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 81859 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8 459 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 82559 For 5 Agn 49 Colquitt 2397 TaxationCity of Norman Park 52559 For 50 Agn 81 Dougherty 2091 County Commissioners 41260 For 755 Agn 417 Dougherty 3064 City of Albany 6 859 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4 859 For 241 Agn 569

Page 903

Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 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 904

Polk 2732 Certain County officers on a salary basis 31660 For4388 Agn1624 Toombs 2010 County Commissioners 4 859 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 31759 For 810 Agn1629 Georgia Laws 1960: Banks 3035 County Commissioners 91460 For1197 Agn 767 Berrien 3301 City of Nashville 11 860 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6 160 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 11761 For 151 Agn 283 Chattooga 2715 Town of Trion 5 560 For 53 Agn 25 Clarke 2234 City of Athens 41360 For 270 Agn 522 Cobb 2127 City of Smyrna Status unknown For 320; Agn 146 Coweta 3020 City of Newnan 43060 For 27 Douglas and Cobb. 2118 City of Austell 32660 Agn 38

Page 905

Dodge 2608 Town of Rhine 42760 For 146 Agn 4 DeKalb 3158 City of Decatur 12 760 Status unknown Emanuel 2360 County Commissioners 11 860 For 877 Agn2080 Evans 2251 City of Claxton 5 560 Proposed Area: For32; Agn62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3 960 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 51460 For 6 Agn 0 Fulton and Clayton 2854 City of College Park 51660 For 21 Agn 15 Greene 3089 Tax Commissioner 42860 For 801 Agn823 Greene 3093 Certain County officers on salary basis 42860 For 822 Agn 835 Henry 3297 City of McDonough 51860 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11 860 For4057 Agn 959 Jefferson 2913 Town of Avera Status unknown 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 906

Lamar 2294 Certain County officers on salary basis 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For 1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For 8; Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For 1894 Agn 332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952

Page 907

Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County officers on salary basis 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 908

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Void 1 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Void 3 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For [Illegible Text] Agn 764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held

Page 909

Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void1 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For 1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 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 910

Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of 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 For 331 Agn 954 Void6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 911

Georgia Laws 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11- 6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson 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.

Page 912

Jackson 2624 City of Commerce 12 562 Inside City For385; Agn108 Outside City For 58; Agn237 Laurens 2528 Town of Dudley 32862 For 29 Agn 4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 32862 For 234 Agn 66 Meriwether 2396 City of Manchester 32862 For 251 Agn 47 Meriwether 2422 City of Manchester 32862 For 224 Agn 67 Meriwether 2603 City of Manchester 32862 For 231 Agn 76 Meriwether 2613 City of Manchester 32862 For 227 Agn 57 Mitchell 2158 City of Camilla 42462 For 15 Agn 0 Murray 2576 City of Chatsworth 62362 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of Muscogee County 41162 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 42562 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11 662 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11 662 For 626 Agn 129

Page 913

Putnam 3048 Office of Tax Commissionercreated 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Status Unknown Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed areas For 13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21 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 914

Georgia Laws 1963: REFERENDUM ELECTIONS FOR THE YEAR 1963 and RESULTS County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For 511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissionercreation of office 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 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

Page 915

Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For 243 Agn 44 Outside City: For 81 Agn 41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For 1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissionercreation of office 5-28-63 For 91 Agn 279 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 For 333 Agn 669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Void 6 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 916

Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 One member Board County Commissioner 4-24-63 For 249 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

Page 917

Georgia Laws 1964: REFERENDUM ELECTIONS1953-1964 County Page No. SUBJECT Date of election Result Appling 2681 Sheriff, clerk superior court, tax collector and tax receivercompensation 6-17-64 For 2543 Agn 848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For 1174 Agn 613 Cook 2093 County Commissionersmethod of election 3- 4-64 For 2003 Agn1612 Dodge 2954 City of Empirenew charter 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union Citycharter repeal 5- 8-64 For 214 Agn 279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For 90 Agn 4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountaincharter amendment 4-29-64 Inside: For 61 Agn 43 Outside For 0 Agn 7 Hart 2028 Board of Financeelection members 9- 9-64 Question A: 1,246 Question B: 873 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 918

McDuffie 2095 Board of county commissionerscreation of 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissionercreation of 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriffcompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenvillecharter amendment Status unknown Meriwether 2412 City of Woodburycharter amendment 4-22-64 For 110 Agn 30 Monroe 2542 Board of county commissionersterms Not held Murray 2672 County Commissionercompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of county commissionerscreation of 4-29-64 (3 questions) For/Against approval of creation of board For 509 Agn 502 For election of board by people For 692 For election of board by Grand Jury For 93 Pickens 2066 Board of county commissionerscreation of 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jaspercharter amendment 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For 281 Agn 216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For 136 Agn 368

Page 919

Tift 2900 Board of County Commissionersmembership 5-13-64 For1992 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissionercreation of 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For 4655 Agn 298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For 246 Agn 41 (Fire district commissionerselected) 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissionercreation of Not held * * Ware CountyAct declared unconstitutional by court order and no election was held. Whitfield 2175 Board County Commissionerscreation of 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissionercreation of 11- 3-64 For 933 Agn 863 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 920

Georgia Laws 1964, extra session: County Page No. SUBJECT Date of election Result Baker 2096 Sheriffprovide annual salary 7-15-64 For 464 Agn 529 Barrow 2347 City of Windercharter amendment 9- 9-64 For 507 Agn 372 Cobb 2075 Board of county commissionerscreation of 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabethnew charter 10- 6-64 Not certified Dooly 2052 City of Byromvillecorporate limits Not held Fulton 2342 City of Alpharettacorporate limits 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 (Ad valorem tax for school purposes) Agn 410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11- 3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12- 2-64 For 216 Agn 32 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 921

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