Acts and resolutions of the General Assembly of the state of Georgia 1966 [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. 19660000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1966 19660000 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 1966 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 1309. The proposed amendments to the Constitution were grouped together beginning at page 743 of Volume One and are followed by a complete index beginning at page 1109. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. The Municipal Home Rule Act of 1965, as amended, is printed in Volume Two beginning on page 3439 and is followed by revisions and charter amendments made thereunder and filed in the Office of the Secretary of State during 1965. There are no intervening pages between 1309 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 1966 ATLANTA JUDICIAL CIRCUITASSISTANT SOLICITORS-GENERAL. No. 1 (House Bill No. 94). 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 January 24, 1951 (Ga. L. 1951, p. 3), an Act approved March 21, 1963 (Ga. L. 1963, p. 179), an Act approved April 5, 1965 (Ga. L. 1965, p. 529), so as to provide that the compensation of the first assistant solicitor-general and trial assistant solicitors-general shall be fixed by the solicitor-general of said circuit within specified limits; to change the number of trial assistant solicitors-general that may be appointed; to make corrections therein; 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 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 January 24, 1951 (Ga. L. 1951, p. 3), an Act approved March 21, 1963 (Ga. L. 1963, p. 179), and an Act approved April 5, 1965 (Ga. L. 1965, p. 529), is hereby amended by striking the word and figure eleven (11) as they appear in the first sentence of section 5 and substituting in lieu thereof the word and figure thirteen (13); by changing the salary ranges in the second paragraph of said section to not less than $13,000.00 nor more than $15,000.00 per annum for the first assistant solicitor-general and not less than $8,400.00 nor more than $14,000.00 per annum for the other assistant solicitors-general, with a proviso that the salaries of two assistant solicitors-general shall not exceed $12,000.00, so that when 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 thirteen (13) trial assistant solicitors-general, and shall require from each one 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. The salary of the first assistant solicitor-general shall be fixed by and in the discretion of the solicitor-general of said Atlanta Judicial Circuit at not less than $13,000.00

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nor more than $15,000.00 per annum, and the salaries of the trial assistant solicitors-general shall be fixed by said solicitor-general and in his discretion at not less than $8,400.00 nor more than $14,000.00 each, all such salaries so fixed to be paid in equal monthly installments out of the treasury of Fulton County as part of the operating expenses of the court, the funds therefor to be provided in the same manner as the other operating expenses of said court. Provided, however, that two trial assistant solicitors-general shall be paid salaries not in excess of $12,000.00 per annum. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. 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, 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, 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. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on

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the 21st and 28th days of December, 1965, and on the 4th day of January, 1966 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 4th day of January, 1966. /s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission expires Oct. 18, 1967. (Seal). 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, 1966, 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, and for other purposes. Lewis R. Slaton, Solicitor General Atlanta Judicial Circuit. Approved February 2, 1966. GAME AND FISHHUNTING AND FISHING LICENSES. No. 2 (House Bill No. 3). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish, and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 231), and an Act approved March 17, 1960 (Ga. L. 1960, p. 974), so

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as to increase certain license fees; to provide for a ten (10) day nonresident hunting license, a five day nonresident fishing license; 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 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. 384), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 231), and an Act approved March 17, 1960 (Ga. L. 1960, p. 974), is hereby amended by striking in its entirety section 30 and substituting in lieu thereof a new section 30 to read as follows: Section 30. It shall be unlawful for any person not a resident of Georgia, who has attained the age of sixteen (16) years, to hunt, fish or trap in the jurisdiction of this State without a proper nonresident license, except as otherwise provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish or trap without carrying the required license on his person. Any person violating any provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Nonresident license fees shall be as follows: Trapping . (a) Yearly in location where permitted $35.00 Hunting . (a) Ten-day license for small and big game $12.50 (b) Yearly for small and big game $25.25 Nonresident licenses. (c) Yearly for public hunting preserves $ 5.25 (No other license is required on public preserves.) (For private hunting preserves, licenses as provided in (a) or $12.50

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(b) above, or (d) or (e) below are required.) (d) Ten-day license for small and big game with bow and arrow $12.50 (e) Yearly for small and big game with bow and arrow $25.25 Fishing, Fresh-water fish only . (a) Yearly throughout the State $ 7.25 (b) Five-day Statewide license $ 2.25 Notwithstanding the other provisions of this Act any nonresidents fishing for Mountain Trout must have a valid nonresidents yearly fishing license or a valid temporary five-day fishing license regardless of his age. Section 2. Said Act is further amended by striking section 31 in its entirety and substituting in lieu thereof a new section 31 to read as follows: Section 31. It shall be unlawful for any resident of this State, who has attained the age of sixteen (16) years, to hunt, fish or trap without a proper resident license except on premises owned by him or his immediate family. It shall be unlawful for any resident of this State to hunt, fish or trap in this State without carrying the required license upon his person except on premises owned by him or his immediate family. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and punished as provided by law. Resident license fees shall be as follows: Trapping . (a) Yearly in the location where permitted $4.25 Resident licenses. Hunting . (a) Yearly (Statewide) $3.25

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(b) Yearly for hunting with bow and arrow $3.25 Fishing . (a) Yearly for fishing (Statewide) $2.25 (b) Combination hunting and fishing license (Statewide) $5.25 Nothing herein shall have any effect whatsoever on Honorary Hunting and Fishing Licenses for all legal residents of Georgia who are sixty-five (65) years of age or more, Honorary Fishing Licenses for totally blind residents of Georgia, and Honorary Fishing Licenses for Disabled Veterans who are residents of Georgia, all of which are provided by law. All sport fishing licenses issued under the provisions of this section and section 30 hereof, shall entitle the holder thereof to sport fish in any of the fresh or salt waters of this State, but in the latter case, only within the three mile limit. Section 3. The provisions of this Act shall become effective April 1, 1966. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1966. SUPERIOR COURT OF FANNIN COUNTYTERMS. No. 3 (Senate Bill No. 17). An Act to change the terms of the Superior Court of Fannin 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 1966 and each year thereafter the Superior Court of Fannin County shall convene

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on the third Monday in April, fourth Monday in August and the first Monday in December. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1966. SUPERIOR COURT OF PICKENS COUNTYTERMS. No. 4 (Senate Bill No. 18). An Act to change the terms of the Superior Court of Pickens 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 1966 and each year thereafter the Superior Court of Pickens County shall convene on the second Monday in March and the fourth Monday in September. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1966. MOTOR VEHICLESALTERED OR REMOVED IDENTIFYING NUMBERS, CRIMES. Code 68-9916 Amended. No. 6 (Senate Bill No. 27). An Act to amend Code section 68-9916 relating to the unlawful sale or possession of certain vehicles from which identifying numbers have been removed or otherwise

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altered for the purpose of concealing or misrepresenting the identity of such vehicles so as to change the penalty for any such violation; to provide that the provisions of this Act shall also apply to motor vehicle parts; to provide that it shall also be unlawful to use a license plate on any motor vehicle except the vehicle for which the plate was issued with the intent of concealing or otherwise misrepresenting the identity of such vehicle; to redefine certain terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-9916 is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 68-9916 to read as follows: 68-9916. Altered or removed identifying numbers, vehicles; penalties . (a) It shall be unlawful to buy, sell, receive, dispose of, conceal, use, or possess any motor vehicle, as defined by an Act regulating traffic upon the highways, approved January 11, 1954, (Ga. L. 1953, Nov.-Dec. Sess., p. 556), or any part thereof from which the manufacturer's serial numbers or other distinguishing numbers or identifying marks have been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of such motor vehicle. (b) It shall be unlawful to buy, steal, sell, receive, dispose of, conceal, possess, or use any motor vehicle license plate upon or in conjunction with the possession of any such motor vehicle except the motor vehicle for which the plate was issued, for the purpose of concealing or misrepresenting the identity of any motor vehicle which is required to bear a license plate. (c) Any person who shall knowingly violate any provisions of subsection (a) or (b) of this section shall be guilty of a felony and upon conviction thereof shall be punished by confinement in the penitentiary for not less than one (1) nor more than five (5) years.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1966. MOTOR VEHICLESREVOCATION OF OPERATORS' AND CHAUFFEURS' LICENSES. No. 7 (Senate Bill No. 26). An Act to amend an Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1939 (Ga. L. 1939, p. 135), and an Act approved February 3, 1943 (Ga. L. 1943, p. 196), so as to provide that the Director of Public Safety shall automatically revoke the driver's license of any person convicted of the theft of a motor vehicle or any part thereof; to provide for the revocation of parole or probation of any person driving a motor vehicle during the period of revocation of his license; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved March 17, 1939 (Ga. L. 1939, p. 135), and an Act approved February 3, 1943 (Ga. L. 1943, p. 196), is hereby amended by adding at the end of section 2 of article 4 a new paragraph to read as follows: The Director shall revoke the license of any operator or chauffeur upon receiving the record of such an operator's or chauffeur's conviction of the theft of a motor vehicle or any part thereof; and the Director shall not consider the said convicted person's application for reinstatement of such revoked license until the expiration of the full term

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of the sentence imposed, whether served during actual imprisonment, probation, parole or suspension. It shall be grounds for the revocation of any such person's parole or probation if he operates a motor vehicle while his license is in revocation pursuant to this Act. Provided, however, that it shall be within the discretion of the trial judge, who imposed sentence upon the person convicted of the theft of a motor vehicle or any part thereof, to reinstate said person's driver's license after a reasonable time. Revocation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 8, 1966. PATAULA JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR-GENERAL. No. 8 (House Bill No. 130). An Act to amend an Act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, approved August 24, 1931 (Ga. L. 1931, p. 632), as amended by an Act approved on February 21, 1951 (Ga. L. 1951, p. 618), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 129), so as to increase the compensation of the solicitor general of the Pataula Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the solicitor general of the Pataula Judicial Circuit, approved August 24, 1931 (Ga. L. 1931, p. 632), as amended by an Act approved on February 21, 1951 (Ga. L. 1951, p. 618), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 129), is hereby amended by striking therefrom the words and figures six thousand seven hundred fifty ($6,750.00) dollars wherever they appear and inserting in lieu thereof

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the words and figures nine thousand seven hundred ten ($9,710.00) dollars, and by striking the figure 1950 wherever said figure appears and inserting in lieu thereof the figure 1960, and by adding at the end thereof the words provided further, however, that nothing contained herein shall be construed to prevent the solicitor general from receiving payment for services in connection with proceedings for the validation of general obligation and/or revenue bonds as now or hereafter provided by law, so that section 2, as so amended, shall read: Section 2. The salary of the solicitor general of the Pataula Judicial Circuit shall be the sum of nine thousand seven hundred ten ($9,710.00) dollars per annum, in addition to the salary of two hundred and fifty ($250.00) dollars per annum prescribed in Paragraph One, Section Twelve of Article Six of the Constitution of this State, which said salary, additional to the constitutional salary of two hundred and fifty ($250.00) dollars 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 the counties in said circuit, according to the official Federal census of 1960 and until completion and promulgation of the next official Federal census, and then in like manner according to each succeeding official Federal census. It shall be and is hereby made the duty of the ordinary, county commissioners, or other authority having control of county matters in such said counties, to cause the part or portion of said salary so assessed each of said counties to be paid to said solicitor general quarterly in each year, out of the funds of said counties; that is to say, on the first day of July, October, January and April, 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 and collecting 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

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against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to said counties. Said salary of nine thousand seven hundred ten ($9,710.00) dollars and the constitutional salary of two hundred fifty ($250.00) dollars shall be full payment for all the services of said solicitor general, for all traveling expenses except such contingent expense allowances as may be paid by the State as provided by law, and all sums paid out by said solicitor general for clerical aid and legal assistance engaged or employed by him, provided, however, that nothing contained herein shall be construed to prevent the solicitor general from receiving payment for services under the Uniform Reciprocal Enforcement of Support Act and any and all payments for services from the State and provided, further, however, that nothing contained herein shall be construed to prevent the solicitor general from receiving payment for services in connection with proceedings for the validation of general obligation and/or revenue bonds, as now, or hereafter, allowed and provided by law. Section 3. This Act shall become effective as of April 1, 1966. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Randolph. Before me, an officer authorized by law to administer oaths, personally appeared J. T. Dailey, who, after being duly sworn, on oath, deposes and says that he is the duly elected and qualified Representative of Randolph and Quitman Counties, District Number 66, and that the attached copy of the Notice of Intention to Introduce Local Legislation was published in the Early County News, the organ of Early County, Georgia, on December 16, 1965, December 23, 1965 and December 30, 1965; and The Donalsonville News, the official organ of Seminole County, Georgia, on December 16, 1965, December 23, 1965 and December 30, 1965; and Miller County Liberal, the official organ of

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Miller County, Georgia, on December 16, 1965, December 23, 1965 and December 30, 1965; and The News Record, the official organ of Clay County, Georgia, on December 10, 1965, December 17, 1965 and December 24, 1965; and The Cuthbert Times, the official organ of Randolph and Quitman Counties, on December 16, 1965, December 23, 1965 and December 30, 1965; The Dawson News, the official organ of Terrell County, Georgia, on December 16, 1965, December 23, 1965 and December 30, 1965. /s/ J. T. Dailey, Representative, Randolph and Quitman Counties, District Number 66 Sworn to and subscribed before me, this the 4th day of January, 1966. /s/ Sue M. Jones, Notary Public, Randolph County, Georgia. My Commission expires November 29, 1966. (Seal). Notice of Intention to Introduce Local Legislation. A salary increase having been heretofore approved by the board of commissioners of roads and revenues and the senator and the representative of each of the seven counties comprising the Pataula Judicial Circuit, notice is hereby given that there will be introduced at the next, 1966, session of the General Assembly of Georgia, a bill to increase the salary of the solicitor of the superior courts of the Pataula Judicial Circuit; and for other purposes. This December 1, 1965. J. T. Dailey, Representative, Randolph and Quitman Counties Approved February 9, 1966.

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STATE BOARD OF WORKMEN'S COMPENSATIONSALARIES. No. 9 (House Bill No. 41). An Act to amend an Act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 367), an Act approved March 16, 1960 (Ga. L. 1960, p. 812), and an Act approved February 16, 1962 (Ga. L. 1962, p. 94), so as to change the compensation of the chairman and the other two members of the board; 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 Workmen's Compensation, approved February 8, 1943 (Ga. L. 1943, p. 167), as amended, particularly by an Act approved February 28, 1956 (Ga. L. 1956, p. 367), an Act approved March 16, 1960 (Ga. L. 1960, p. 812), and an Act approved February 16, 1962 (Ga. L. 1962, p. 94), is hereby amended by striking the last sentence of section 3 and inserting in lieu thereof the following: The chairman of the Workmen's Compensation Board shall be compensated in the amount of nineteen thousand five hundred ($19,500) dollars per annum, payable in semimontly installments, and each of the other two members of the board shall be compensated in the amount of nineteen thousand ($19,000) dollars per annum, payable in semimonthly installments. The compensation of all other persons in the employ of the board shall be fixed by the board, except for such persons who are under the provisions of merit system laws and rules and regulations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1966.

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CHATTAHOOCHEE JUDICIAL CIRCUITCOMPENSATION OF SOLICITOR GENERAL, ETC. No. 15 (House Bill No. 445). An Act to amend an Act abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2977), so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; 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 abolishing the fee system in the superior courts of the Chattahoochee Judicial Circuit, as applied to the office of solicitor general, and providing for the payment of the salary of said solicitor general, approved August 20, 1917 (Ga. L. 1917, p. 283), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 431), an Act approved August 20, 1927 (Ga. L. 1927, p. 741), an Act approved March 6, 1945 (Ga. L. 1945, p. 896), an Act approved February 26, 1947 (Ga. L. 1947, p. 137), an Act approved February 25, 1949 (Ga. L. 1949, p. 1673), and an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2977), 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 solicitor general of said Chattahoochee Judicial Circuit shall be $12,950.00 per annum, in addition to the salary of $250.00 described in Article

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VI, Section XII, Paragraph I of the Constitution. Said salary provided for herein shall be paid pro rata out of general treasuries of the various counties composing said circuit in the following proportion, to wit: Chattahoochee County shall pay the sum of $150.00; Harris County shall pay the sum of $800.00; Marion County shall pay the sum of $450.00; Muscogee County shall pay the sum of $10,650.00; Talbot County shall pay the sum of $450.00; and Taylor County shall pay the sum of $450.00. 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 the said counties, to cause the part or portion of said salary so assessed against each of said counties to be paid to the solicitor general quarterly in each year out of the funds of said counties; that is to say, on the first day of April, July, October and January, and upon regular county warrants issued therefor, and it is further made the duty of said ordinary, county commissioners, or other county authority 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 their respective counties for the purpose of paying the portion of said salary chargeable against their respective counties as hereinbefore set forth, and the power to levy taxes for such purposes is hereby delegated to the said counties. Except as otherwise provided in section 3 of the amendatory Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2977), said salary of $12,950.00 and the constitutional salary of $250.00 shall be in full payment for all services of said solicitor for all traveling and other expenses; provided, however, that should said solicitor general be called upon by the duties of his office to render services outside of the State in connection with the extradition of fugitives or otherwise, the authorities of the Counties of Muscogee and Harris having jurisdiction in the particular case in which service is rendered shall pay his actual expenses in rendering such services; and provided further that said solicitor general shall have the power to appoint a clerk for the performances of such duties of his office as may be required of said clerk and to fix the salary and payment thereof out of the treasury of Muscogee County, at $150.00 per month as part of the court expenses of Muscogee County, Georgia. Compensation, clerk.

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Section 2. Said Act is further amended by adding a new section immediately following section 2 to be designated section 2A, to read as follows: 2A. The solicitor general of the Chattahoochee Judicial Circuit, is hereby authorized to appoint an assistant solicitor general who shall assist the solicitor general in carrying out his duties and functions in the Superior Court of Muscogee County. Said assistant solicitor general shall serve at the pleasure of the solicitor general of the Chattahoochee Judicial Circuit. In carrying out his functions and duties in the Superior Court of Muscogee County, said assistant solicitor general shall be clothed with all the authority of the solicitor general. Said assistant solicitor general shall be compensated in the amount of $10,000.00 per annum to be paid in equal monthly installments from the funds of Muscogee County. The assistant solicitor general authorized pursuant to this section shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office. Assistant. Section 3. Section 1 of this Act shall become effective on January 1, 1967. Effective date. Section 4. Section 2 of this Act shall become effective on the first day of the month following the month in which it is signed by the Governor or in which it otherwise becomes law. Section 5. 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 January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended, so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and

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compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr. Affidavit. Georgia, Harris County: Personally before me appeared Johnston C. Woodall, publisher of the Harris County Journal, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Harris County Journal, which is the newspaper in which sheriff's advertisements for Harris County, Georgia, are published, once a week for three weeks, to wit: January 6th, 13th, and 20th, 1966, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. Johnston C. Woodall Publisher Sworn to and subscribed before me, this 21st day of January, 1966. /s/ Stanley E. Lewis, Notary Public, Harris County, Georgia. My Commission expires Jan. 18, 1969. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended, so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr.
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Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Milton Jones, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of notice of intention to introduce local legislation was published in the Columbus Enquirer, which is the official organ of Chattahoochee County, on the following dates: January 6, 13, and 20, 1966. /s/ Milton Jones Representative, 112th District Sworn to and subscribed before me, this 1st day of February, 1966. /s/ Priscilla Sexton, Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended, so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr. Affidavit. Georgia, Fulton County: Personally before me appeared Verna W. Griggs, publisher of the Taylor County News, who, on oath, deposes and says

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that the attached copy of notice of local legislation has been published as provided by law in said Taylor County News, which is the newspaper in which sheriff's advertisements for Taylor County, Georgia, are published, once a week for three weeks, to wit: January 7th, 14th, and 21st, 1966, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ Verna W. Griggs Publisher Sworn to and subscribed before me, this 24th day of January, 1966. /s/ Virginia S. Wilson, Notary Public, Taylor County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended, so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Milton Jones, who, on oath, deposes and says that he is Representative from the 112th District, and that the attached copy of notice of intention to introduce local legislation was published in the Columbus

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Ledger, which is the official organ of Muscogee County, on the following dates: January 6, 13 and 20, 1966. /s/ Milton Jones Representative, 112th District Sworn to and subscribed before me, this 1st day of February, 1966. /s/ Priscilla Sexton, Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended; so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr. Affidavit. Georgia, Talbot County: Personally before me appeared Albert McCarter, publisher of the Talbotton New Era, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Talbotton New Era, which is the newspaper in which sheriff's advertisements for Talbot County, Georgia, are published, once a week for three weeks, to wit: January 6th, 13th, and 20th, 1966, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ Albert McCarter Publisher
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Sworn to and subscribed before me, this 29th day of January, 1966. /s/ Chas. M. White, Notary Public, Muscogee County, Georgia. My Commission expires Aug. 20, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the solicitor general of the Chattahoochee Judicial Circuit, approved August 17, 1917 (Ga. L. 1917, p. 283), as amended, so as to change the salary of said solicitor general; to provide for an assistant solicitor general and for his powers, duties and compensation; to provide for effective dates; and for other purposes. This 4th day of January, 1966. W. B. Skipworth, Jr. Affidavit. Georgia, Marion County: Personally before me appeared Albert McCarter, publisher of the Marion County Patriot, who, on oath, deposes and says that the attached copy of notice of local legislation has been published as provided by law in said Marion County Patriot, which is the newspaper in which sheriff's advertisements for Marion County, Georgia, are published, once a week for three weeks, to wit: January 6th, 20th, and 27th, 1966, during a sixty-day period immediately preceding introduction of said bill in the General Assembly of Georgia. /s/ Albert McCarter Publisher Sworn to and subscribed before me, this 29th day of January, 1966. /s/ Chas. M. White, Notary Public, Muscogee County, Georgia.
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My Commission expires Aug. 20, 1966. (Seal). Approved February 17, 1966. IDENTIFICATION OF REGISTRY OF SHIPS, ETC. No. 18 (Senate Bill No. 55). An Act to require the identification of the registry of all ships, for the protection of the public; to require such information be contained in all promotional material; to require such information on all tickets, or certificates of passage, together with other required information; to provide penalties for the violation hereof; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No person issuing, selling or offering to sell any passenger ticket on board any vessel, including the owner or consignee of such vessel, his agents, servants or employees shall omit reference to the country of registry of such vessel from any advertisement, circular, circular letter, pamphlet, card, handbill, or other printed paper or notice, written or oral, in regard to said passage, ticket or instrument or passage or voyage to which it entitles or purports to entitle its owner, purchaser or holder or line over which, or the vessel for which such passage is sold or offered or as to his agency for such line or vessel. Such reference shall be no less prominently displayed than the balance of the material appearing on the printed paper or notice. Advertisements, etc. Section 2. A ticket or instrument issued as evidence of a right of passage upon the high seas, from any port in this State, to any port of any other state or nation, and every certificate or order issued for the purpose or under pretense of procuring such ticket or instrument and every

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receipt for money paid for such ticket or instrument must state the name of the vessel on board of which the passage is to be made, the name of the owners or consignees of such vessel, the name of the company, or line, if any, to which such vessel belongs, its country of registry, the place from which such passage is to commence, the place where such passage is to terminate, the day of the month and year upon which the voyage is to commence, the name of the person purchasing such ticket or instrument, or receiving such order, certificate or receipt, and the amount paid therefor; and such ticket or instrument order, certificate or receipt, unless sold or issued by the owners or consignees of such vessel, must be signed by their authorized agent. Tickets, etc. Section 3. Any person, partnership, association, firm, agency, or corporation violating any provision of this Act, shall upon conviction thereof, be punished as for a misdemeanor; but no violator shall be fined less than $500.00 for each violation. Punishment. 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 were not originally a part hereof. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 17, 1966. GENERAL APPROPRIATIONS ACT AMENDED. No. 22 (House Bill No. 1). An Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. L. 1965,

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p. 44), so as to change the appropriation from the Higher Education Assistance Corporation to the Georgia Higher Education Assistance Committee; to provide for filing affidavits with the State Treasurer; to reduce the appropriation to the Department of Labor for the cost of operations of the Employment Security Agency; to authorize payment of dues from appropriations to the Department of Public Safety for the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police); to reduce the total amount of appropriations; to provide for the purposes of such appropriations; to change the provisions relating to internal transfers; 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 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. L. 1965, p. 44), is hereby amended by striking from section 22 the words Higher Education Assistance Corporation and inserting in lieu thereof the words Georgia Higher Education Assistance Committee. Section 1A. Said Act is further amended by adding at the end of subsection (A) of section 19 the following: Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity. Board of Regents. Section 2. Said Act is further amended by striking from the first sentence of the proviso in Section 25 (F) the words Director of the Highway Department, and inserting in lieu thereof the words State Treasurer, so that when so amended said proviso shall read as follows: Provided, further, that a member of the governing authority of the municipality, designated by such authority,

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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 State Treasurer. 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. Grants to municipalities. Section 3. Said Act is further amended by striking from Section 28 (B) the following: 1965-66 $ 216,050.00 1966-67 $ 216,050.00, and inserting in lieu thereof the following: 1965-66 $ 85,000.00 Employment Security Agency. 1966-67 $ 85,000.00. Section 4. Said Act is further amended by adding at the end of section 37 the following: Provided, however, that the Director of the Department of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of membership in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police). Section 5. Said Act is further amended by adding after section 39(c) the following: Provided however, the family and children services shall use the funds designated in the Governor's Budget Report for biennium 1965-67 in sections (a) (b) and (c) for medical assistance for the aged for: (1) implementation of a drug vendors payment program and (2) implementation of another program of medical assistance if funds are available said program not to be physician's services.

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Section 6. Said Act is further amended by striking from section 42 (C) the figure $300,000 and inserting in lieu thereof the figure $400,000.00. Tax evaluation loans. Section 7. Said Act is further amended by striking section 52 in its entirety and inserting in lieu thereof a new section 52 to read as follows: Section 52. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendation contained in the Budget Report 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 and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium. Section 8. Said Act is further amended by striking from the end of section 53 the following: TOTAL APPROPRIATION 1965-66 $586,980,944.90 TOTAL APPROPRIATION 1966-67 $630,958,943.90 and inserting in lieu thereof the following: TOTAL APPROPRIATION 1965-66 $586,849,894.90 TOTAL APPROPRIATION 1966-67 $630,827,893.90. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966.

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SUPPLEMENTARY APPROPRIATIONS ACT. No. 23 (House Bill No. 2). An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967, 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. JUDICIAL BRANCH Section 1. Superior Courts. 1966-67 $ 168,000.00 Provided, however, the above amount shall be used to increase the annual salaries of the Judges of the Superior Courts to $18,000.00, effective July 1, 1966, as authorized by Act No. 460 of the 1965 General Assembly, and to provide an increase in the annual contingent expense allowances of the Solicitors General to $3,600.00. Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1966-67 Operating Expenses $ 48,000.00

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EXECUTIVE BRANCH Section 2. Agriculture, Department of. A. For the operation of all activities of the Department. 1965-66 $ 92,000.00 1966-67 $ 69,500.00 B. For continuation of Fire Ant eradication program. 1966-67 $ 200,000.00 C. Capital outlayAuthority lease rentals: to pay rentals under lease contract with the State Farmers' Market Authority to permit the issuance of bonds to finance new projects at Columbus Farmers' Market or to finance directly said projects. 1966-67 $ 120,000.00 D. For implementation of a small grain research program at the Coastal Plains Experiment Station, Tifton, Georgia, in cooperation with the University of Georgia College of Agriculture. 1966-67 $ 18,000.00 Section 3. Banking, Department of. 1965-66 $ 21,464.00 1966-67 $ 26,687.00 Section 4. Capitol Square Improvement Committee. For capital outlayauthority lease rentals to pay rentals under lease contracts between the Executive Branch and the State Office Building Authority to permit the issuance of bonds to finance a Capitol Area Park and Parking Facility.

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1966-67 $ 350,000.00 Section 5. State Board of Education Department of Education. A. For operations. 1965-66 $ 171,000.00 1966-67 $ 437,000.00 B. Grants. 1965-66 $ 288,268.00 1966-67 $ 403,732.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1966-67 Personal Services $ 290,000.00 Operating Expenses $ 147,000.00 Grants $ 438,464.00 Provided further, that all funds and all language relative to Driver Education under Personal Services in the Supplemental Budget Report is hereby stricken. Provided further, that the language and funds relative to Driver Education grants in the Supplemental Budget Report is hereby stricken. Grants for Driver Education and the funds therefor shall be as follows: Driver Education Training Grants-in-Aid. 1966-67 $ 200,000.00

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These funds to be used to provide grants-in-aid of approximately $450.00 each to aid approximately 440 teachers in obtaining instructions in teaching driver education. It is contemplated that this appropriation will be a line item under section 18A. of the General Appropriations Act approved March 1, 1965 (Ga. L. 1965, p. 44), to be treated similarly to education grants to teachers thereunder. C. Capital outlayauthority lease rentals; to pay rentals under lease contracts with the State School Building Authority to permit the issuance of bonds to finance new projects. 1966-67 $ 2,000,000.00 D. Capital outlayauthority lease rentals; to pay rentals under lease contracts with the State School Building Authority to permit the issuance of bonds to finance new projects at North Georgia and South Georgia Technical and Vocational Schools. 1966-67 $ 101,000.00 Section 6. Georgia Educational Improvement Council. 1965-66 $ 30,709.00 1966-67 $ 44,291.00 Section 7. Family and Children Services, Department of. Institutions. For the additional costs of constructing and equipping six (6) regional detention centers. 1965-66 $ 200,000.00 1966-67 $ 200,000.00 Section 8. Forestry Commission. 1965-66 $ 55,832.00

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1966-67 $ 6,432.00 Section 9. Highways, Department of. A. Capital outlayairport developmentState share of airport development. 1965-66 $ 250,000.00 B. Planning and construction. Capital outlay. 1965-66 $ 4,105,354.00 Section 10. Industry and Trade, Department of. For operations of Department, including the administrative cost of the Appalachian Program. 1965-66 $ 6,746.00 1966-67 $ 265,180.00 Section 11. Law, Department of. 1965-66 $ 18,000.00 1966-67 $ 67,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: Personal Services 1965-66 1966-67 $15,000.00 $60,000.00 Section 12. Mineral Leasing Commission. 1965-66 $ 1,500.00 1966-67 $ 3,500.00 Section 13. Probation, State Board of. 1965-66 $ 9,680.00 1966-67 $ 65,320.00

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Section 14. Public Defense, Department of. 1965-66 $ 100,000.00 Section 15. Public Health, Department of. A. Milledgeville State Hospital. 1965-66 $ 100,000.00 B. Thomasville Mental Health Facility. 1965-66 $ 200,000.00 1966-67 $ 800,000.00 C. Bainbridge Mental Health Facility. 1966-67 $ 600,000.00 D. Grants-in-Aid to local health units. 1966-67 $ 580,000.00 E. Capital outlayauthority lease rentals; to pay rentals under lease contracts with the State Hospital Authority to permit the issuance of bonds to finance new projects at Augusta, Atlanta, and Milledgeville. 1966-67 $ 945,000.00 F. Day Care Centers for Mentally Retarded. 1966-67 $ 50,000.00 Provided that the allocations to objects in the Budget Report shall be changed to read as follows: 1966-67 Grants-in-Aid $ 630,000.00 Section 16. Public Safety, Department of.

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1965-66 $ 145,000.00 Section 17. Purchases, Supervisor of. 1965-66 $ 20,000.00 1966-67 $ 24,000.00 Section 18. Recreation Commission. 1965-66 $ 11,400.00 1966-67 $ 10,600.00 Section 19. Regents, State Board of. A. Operations for the initial cost necessary for the development of a dental school at the Medical College of Georgia. 1966-67 $ 125,000.00 B. Capital outlayauthority lease rentals; to pay rentals under lease contracts with the University System Building Authority to permit the issuance of bonds to finance the completion of existing projects with new projects. 1966-67 $ 3,000,000.00 Provided, however, any other provisions of this Act or any other law to the contrary notwithstanding, all matters within the scope of this agency are hereby defined, for the purposes of this Act, to be one program or activity. Section 20. Revenue, Department of. 1965-66 $ 214,100.00 1966-67 $ 835,900.00 Section 21. Science and Technology Commission.

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1965-66 $ 27,400.00 1966-67 $ 97,600.00 Section 22. Secretary of State. A. Combined divisions. 1965-66 $ 135,000.00 B. Examining boards. 1965-66 $ 40,000.00 C. Archives and Records. 1965-66 $ 18,750.00 1966-67 $ 56,250.00 Section 23. State Properties Control Commission. 1965-66 $ 12,500.00 1966-67 $ 35,000.00 Section 24. Teachers' Retirement System. For the cost of reducing the teacher retirement age from 65 to 63. 1966-67 $ 562,000.00 Section 25. Veterans Service, Department of. 1966-67 $ 20,000.00 Section 26. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified in the Governor's recommendation contained in the supplemental budget submitted to the General Assembly at the regular January session, 1966, 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 and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium.

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Section 27. 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, are 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. The General Assembly declares that the sums hereby appropriated for lease rentals 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.

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Section 28. 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. Laws 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1965-66 $ 6,274,703.00 TOTAL APPROPRIATION 1966-67 $ 12,286,992.00 Section 29. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966.

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GENERAL APPROPRIATIONS ACT AMENDEDDEPARTMENT OF CORRECTIONS. No. 25 (House Bill No. 691). An Act to amend an Act providing appropriations for the State Government for the fiscal year 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. L. 1965, p. 44), so as to reduce the appropriation for the Governor's Emergency Fund; to increase the appropriation for the State Board of Corrections; 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 1965-66 and the fiscal year 1966-67, approved March 1, 1965 (Ga. L. 1965, p. 44), is hereby amended by striking from Section 49 the following: 1966-67 $2,000,000.00, and inserting in lieu thereof the following: 1966-67 $1,700,000.00. Section 2. Said Act is further amended by striking from Section 17 (A) the following: 1966-67 $4,892,000.00, and inserting in lieu thereof the following: 1966-67 $5,192,000.00 Provided that the $300,000.00 increase in funds appropriated shall be used to implement a 60 hour work week for correctional officers. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966.

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SUPPLEMENTARY APPROPRIATIONS ACTGAME AND FISH. No. 27 (House Bill No. 664). An Act to provide supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the sums of money hereinafter provided are hereby appropriated as supplementary appropriations for the remainder of the fiscal year ending June 30, 1966, and for the fiscal year ending June 30, 1967, in addition to any other appropriations heretofore or hereafter made for the operation of the agency of the State provided for herein. Section 1. Game and Fish Commission. 1965-66 $300,000.00 1966-67 $900,000.00 Provided that the allocations to objects shall be increased by the following: 1965-66 1966-67 Personal Services $ 40,000.00 $200,000.00 Operating Expense $260,000.00 $475,000.00 Capital Outlay $225,000.00 Section 2. All expenditures and appropriations made and authorized under this Act shall be according to the objects and for the programs and activities as specified herein provided, however, the director of the budget is authorized to make internal transfers within a budget unit between objects and programs subject to the condition that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation, nor which would require operating funds or capital outlay funds beyond the current biennium.

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Section 3. In the event it is determined by the Budget Bureau that the total funds in the State Treasury in a fiscal year in which appropriations are made in the foregoing sections of this Act and the General Appropriations Act are to be less than the amount needed to pay in full the specific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each such appropriation made, except authority lease rental funds and other constitutionally obligated funds, as provided by Georgia Code Section 40-418 (Ga. L. 1962, p. 17). The amounts of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby directed to economize wherever possible and in the event any part of the appropriations provided in the foregoing Sections of this Act shall be in excess of the actual approved budget allotments for each fiscal year, the amounts so in excess as determined by the Budget Bureau shall cease to be an obligation of the State. TOTAL APPROPRIATION 1965-66 $300,000.00 TOTAL APPROPRIATION 1966-67 $900,000.00 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966. DEPARTMENT OF LAWASSISTANT ATTORNEYS GENERAL, ETC. No. 30 (House Bill No. 149). An Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, so as to provide for the appointment, employment and removal of Assistant Attorneys General,

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Deputy Assistant Attorneys General, Law Assistants, and other employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. There is hereby created a Department of Law with the Attorney General at the head thereof and with such number of Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants, and other employees as the Attorney General shall deem advisable. Each Assistant Attorney General shall devote his full time to the duties of his office and shall not otherwise engage in the practice of law during his tenure of office. One of said Assistant Attorneys General shall serve the Highway Department as its special attorney; another shall serve the Revenue Department as its special attorney; and another shall serve the Public Service Commission as its special attorney. Department created, etc. 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. All Assistant Attorneys General, Deputy Assistant Attorneys General, and Law Assistants shall be appointed by the Attorney General for such periods of time as he deems advisable except that two Assistant Attorneys General may be appointed by the Governor for such periods of time as he deems advisable to serve the Governor as his special attorneys. The compensation of all Assistant Attorneys General, Deputy Assistant Attorneys General, Law Assistants and other employees of the Department of Law shall be established by the appointing authority, except that those employees under the Merit System shall be compensated according to the laws and rules and regulations

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of said system. The Assistant Attorneys General appointed by the Governor shall not be compensated at a rate in excess of the highest rate of compensation established by the Attorney General for the Assistant Attorneys General appointed by him. Any Assistant Attorney General, Deputy Assistant Attorney General, Law Assistant or other employee not under the Merit System may be removed by the appointing authority. Appointment, compensation, etc. Section 3. 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 Department of Law is hereby vested with complete and exclusive authority and jurisdiction in all matters of law relating to the executive branch of the government and every department, office, institution, commission, committee, board and other agency thereof. Every department, office, institution, commission, committee, board and other agency of the State government is hereby prohibited from employing counsel in any manner whatsoever, unless otherwise specifically authorized by law. Duties of department, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966. STATE REVENUE COMMISSIONEREQUALIZATION OF TAXABLE VALUES BETWEEN COUNTIES. Code Chapter 92-70 Repealed. No. 31 (House Bill No. 468). An Act to provide that the State Revenue Commissioner shall examine the tax digests of the several counties to compare said digests for the purpose of ascertaining whether the valuation of the various classes of property for taxation purposes as made in the respective counties

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is reasonably uniform as between the counties; to provide for the equalization of the taxable values of property between the counties by the State Revenue Commissioner; to provide for the return of tax digests found to be unreasonably out of proportion; to provide for the correction of tax digests so returned; to repeal Code Chapter 92-70, relating to the duty of the State Revenue Commissioner to examine tax digests of the several counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the tax digests which are prepared for the calendar year 1967: a. It shall be the duty of the State Revenue Commissioner to carefully examine the tax digests of the several counties filed in his office pursuant to the provisions of Code section 92-6917, and to compare said digests for the purpose of ascertaining whether the valuation of the various classes of property as made in the respective counties for taxation purposes is reasonably uniform as between the various counties and to ascertain compliance with Article VII, Section I, Paragraph III of the Constitution. Duties. b. It is the purpose and intent of this Act to bring about as far as practicable an equalization throughout the state of the values of the various classes of property subject to taxation in accordance with Article VII, Section I, Paragraph III of the Constitution. Intent. c. If it shall appear to the State Revenue Commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uniform with the values fixed upon the same classes of property in other counties, the Commissioner shall investigate and inquire as to the reason therefor, and after making such investigation and comparison, shall have authority to adjust and equalize the same, either by adding a fixed per centum to the county valuation of any class of property in any county, if he finds the county valuation too low, or by deducting a fixed per centum from the county

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valuation if he finds the county valuation too high, as may appear to be just and right between the counties. After making such adjustments, the State Revenue Commissioner shall notify by United States mail the chairman of the county board of tax assessors of the county affected that the county valuations upon the classes of property specified in said notice shall be raised or lowered by the per centum fixed by the State Revenue Commissioner, and the State Revenue Commissioner shall thereupon return to said county its tax digest for correction accordingly. Adjustment of values. Section 2. Upon the giving of notice by the State Revenue Commissioner of changes or corrections to be made in the county tax digest, it shall be the duty of the chairman of the county board of tax assessors of the county affected, to call immediately a meeting of said county board, and at said meeting the board shall correct the county valuation upon the class or classes of property specified by the State Revenue Commissioner, so as to make the same conform to the findings of the Commissioner by applying uniformly to the specified class or classes of property the fixed per centum of increase or of decrease specified by the State Revenue Commissioner and by raising or lowering all the individual returns of all the taxpayers of the county upon the specified class or classes of property accordingly. Duties of county tax assessors. Section 3. Code Chapter 92-70, relating to the duty of the State Revenue Commissioner to examine the tax digests of the various counties filed in his office, as amended, is hereby repealed in its entirety. Code Chap. 92-70 repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1966.

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WARM AIR HEATING CONTRACTORS ACT AMENDED. APPLICABLE IN CERTAIN COUNTIES (45,274-45,364). No. 34 (House Bill No. 385). An Act to amend an Act, relating to the licensing of warm air heating contractors, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, so as to provide that certain counties shall come within the terms and provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the licensing of warm air heating contractors, approved February 25, 1949 (Ga. L. 1949, p. 1622), as amended, is hereby amended by adding a new paragraph at the end of section 1, to read as follows: All counties in the State of Georgia having a population of not less than 45,274 and not more than 45,364 according to the U. S. Decennial Census of 1960 or any future such census shall come within the terms and provisions of this Act and shall be subject to the regulation of the board herein provided for to the same extent and for the same purposes as those counties originally included. Where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. REVENUE BOND LAW AMENDED. No. 105 (House Bill No. 387). An Act to amend the Revenue Bond Law (formerly known as the Revenue Certificate Law of 1937), approved March 31, 1937 (Ga. L. 1937, p. 761), as the same has been heretofore

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amended, in the following particulars: by amending section 12 thereof relating to the publication of notice to the public of a hearing to validate Revenue Bonds; by amending section 13 thereof as amended by section 3 of an Act approved March 14, 1939 (Ga. L. 1939, p. 362), and as further amended by section 2 of an Act approved February 14, 1957 (Ga. L. 1957, p. 36) relating to the proceedings by the judge of the superior court to hear and determine all issues of law and fact in a cause to validate revenue bonds, to the judgment rendered in connection with such proceedings, to the persons who may become a party to such proceedings, to the parties to such proceedings who may except to such judgment, to the time within which parties may except to such judgment, and to the review in such proceedings of the action of any school district, city, town or county authorities in fixing the value of existing undertakings in connection with the issuance of such revenue bonds; by amending section 14 thereof as amended by section 2 of an Act approved February 14, 1957 (Ga. L. 1957, p. 36) relating to the conclusiveness of the judgment rendered by the superior court validating revenue bonds in the event that no bill of exceptions shall be filed within the time prescribed, or, if filed, the judgment shall be confirmed by the Supreme Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 12 of an Act approved March 31, 1937 (Ga. L. 1937, p. 761) relating to the publication of notice of a hearing to validate revenue bonds, which section now reads as follows: Notice of Hearing . Prior to the hearing of said cause, the clerk of the superior court of the county in which it is to be heard shall publish in a newspaper, at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard.

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is hereby amended so as to clarify the provisions with respect to the time when such notice must be published so that when amended, said section shall read as follows: Notice of Hearing . Prior to the hearing of said cause, the clerk of the superior court of the county in which it is to be heard shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which the hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear. Section 2. Section 13 of an Act approved March 31, 1937 (Ga. L. 1937, p. 761) as amended by section 3 of an Act approved March 14, 1939 (Ga. L. 1939, p. 362) and as further amended by section 2 of an Act approved February 14, 1957 (Ga. L. 1957, p. 36) relating to the hearing to validate revenue bonds, to the questions to be heard and determined, to the judgment rendered, to the persons who may become parties, to the persons who may except from such judgment and to the time within which such parties may except, which section now reads as follows: Trial of case; parties; judgment; bill of exceptions . Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of such municipality so desiring to issue such bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, and the security therefor, may except thereto within 20 days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases. Whenever the authorities of a school district, county, city or town shall value

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existing undertakings under the provisions of subsection `d-1' of this Act, the Superior Courts may review the action of such school district, county, city or town authorities in fixing the said value, which review shall be had in the proceedings to validate the revenue bonds under this Act. is hereby amended so as to clarify the provisions relating to the time of the hearing, the provisions relating to the rendition of judgment, the provisions relating to the persons who may become parties to such validation proceedings and who may appeal from such judgment, and so as to provide that any such appeal shall be taken under the procedure provided in cases of injunction, so that when amended, said section shall read as follows: Trial of case; parties; judgment; appeal . Within the time prescribed in the order, or such further time as he may fix, the judge of the said superior court shall proceed to hear and determine all questions of law and of fact in said cause, and shall render judgment thereof. Any citizen of this State, resident of such municipality, so desiring to issue such bonds, may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of the court confirming and validating the issuance of said bonds, or refusing to confirm and validate the issuance of said bonds and the security therefor, may appeal from said judgment under the procedure provided by law in cases of injunction. Only a party to the proceedings at the time the judgment appealed from is rendered may appeal from such judgment. Whenever any municipality shall value existing undertakings as permitted by law in connection with the issuance of bonds, the superior courts may review such action, which review shall be had in the proceedings to validate said revenue bonds. Section 3. Section 14 of an Act approved March 31, 1937 (Ga. L. 1937, p. 761) as amended by section 2 of an Act approved February 14, 1957 (Ga. L. 1957, p. 36) relating to the conclusive effect of the judgment rendered by the judge of the superior court validating revenue bonds, which section now reads as follows:

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Judgment validating forever conclusive . In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the superior court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor against the municipality. is hereby amended so as to delete therefrom the reference to a bill of exceptions and the provision that such judgment shall be conclusive if affirmed by the Supreme Court and to provide in lieu thereof that such judgment shall be conclusive if affirmed on appeal, so that when amended, said section shall read as follows: Judgment validating forever conclusive . In the event no appeal is filed within the time prescribed by law, or, if filed, the judgment shall be affirmed on appeal, the judgment of the superior court, so confirming and validating the issuance of said bonds and the security therefor, shall be forever conclusive upon the validity of said bonds and the security therefor against the municipality. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. SUPERIOR COURT OF OGLETHORPE COUNTYTERMS. No. 111 (House Bill No. 80). An Act to fix the terms of the Superior Court of Oglethorpe County; to provide 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. Beginning with the year 1966 and each year thereafter the Superior Court of Oglethorpe County shall convene on the third Monday in March and the first Monday in November. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. SUPERIOR COURT OF LEE COUNTYTERMS. No. 115 (House Bill No. 21). An Act to change the terms of the Superior Court of Lee 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 1966 and each year thereafter the Superior Court of Lee County shall convene on the fourth Monday in April and the fourth Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. CLERKS FOR ORDINARIES OF CERTAIN COUNTIES (23,750-23,850). Code 24-1801 Amended. No. 124 (House Bill No. 294). An Act to amend Code section 24-1801 relating to clerks of county ordinaries so as to authorize the ordinaries in counties whose population is not less than 23,750 nor

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more than 23,850 according to the United States Decennial Census of 1960 or of any future United States Decennial Census, to appoint a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum of $3,600.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 24-1801 relating to clerks of county ordinaries is hereby amended by adding at the end thereof the following: Provided, however, in all counties having a population of not less than 23,750 nor more than 23,850 according to the United States Decennial Census of 1960 or any future United States Decennial Census, the ordinaries of such counties are hereby authorized to employ a clerk whose salary shall be paid from county funds, which salary shall not exceed the sum of $3,600.00 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. SUPERIOR COURT OF LAMAR COUNTYTERMS. No. 144 (House Bill No. 586). An Act to amend an Act prescribing the time for holding the Superior Court of Lamar County, approved August 6, 1927 (Ga. L. 1927, p. 1884), so as to change the time for holding said court; 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, as follows: Section 1. That the Act prescribing the time for holding the Superior Court of Lamar County, approved August 6,

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1927 (Ga. L. 1927, p. 184), be, and the same is hereby amended by striking section 2 thereof, and in inserting, in lieu thereof, a new section 2, which shall read as follows: Section 2. Be it further enacted by the authority aforesaid that the terms of said Court shall be held on the First and Second Mondays in March, June and December of each year and on the Second and Third Mondays in September of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lamar County. Personally before me, the undersigned officer duly authorized to administer oaths, appeared William W. Dennis, who, after first being duly sworn to speak the truth, and on his oath says: That he is the owner, editor and publisher of the Barnesville News-Gazette, a newspaper with a general circulation throughout said county, and in which newspaper the sheriff's advertisements for said county are published, and that the attached printing is an exact copy of the notice that has been published in said News Gazette in the weekly issues of January 20th, January 27th and February 3rd, 1966. /s/ William W. Dennis Sworn to and subscribed before me, this the 3rd day of February, 1966. /s/ Irene M. Jackson Notary Public, Lamar County, Georgia. My Commission expires January 25, 1968. (Seal). Notice of Intention to Seek Legislation. Notice is hereby given that there will be introduced in the present 1966 session of the General Assembly of Georgia, a

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bill to change the date of the convening of the September Term of the Lamar Superior Court of the Flint Judicial Circuit from the first and second Mondays of September of each year so that said term shall hereafterwards convene on the second and third Mondays of September of each year. This the 18th day of January, 1966. J. R. Smith State Representative Lamar County, Georgia Approved February 28, 1966. STATEWIDE PROBATION ACT AMENDED. No. 151 (House Bill No. 252). An Act to amend an Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), and an Act approved February 7, 1962 (Ga. L. 1962, p. 16), so as to change the salary of each member of the State Board of Probation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Statewide Probation Act, approved February 8, 1956 (Ga. L. 1956, p. 27), as amended particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 15), and an Act approved February 7, 1962 (Ga. L. 1962, p. 16), is hereby amended by striking from section 2 the figure $5,000.00 and inserting in lieu thereof the figure $10,000.00, so that when so amended section 2 shall read as follows: Section 2. There is hereby created a Statewide probation system to be administered by a State Board of Probation.

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Such Board of Probation shall be composed of the members of the State Board of Pardons and Paroles, acting in ex-officio capacity. The Chairman of said State Board of Probation shall be the Chairman of the State Board of Pardons and Paroles and he shall be so designated by the Governor for a term of office even with his term of office as a member of the State Board of Pardons and Paroles. Such probation system shall not be administered as part of the duties and activities of the Board of Pardons and Paroles, and separate files and records shall be kept with relation to such system. Each member of said Board of Probation shall be paid a salary of $10,000.00 annually, payable in semi-monthly installments, and in lieu of necessary travel expenses incurred in carrying out the duties and responsibilities of this Act, as amended, each member of said Board of Probation, in addition to said salary hereinbefore provided, shall be paid subsistence, in the amount of $300.00 each month, payable in semi-monthly installments. A majority of the Board of Probation shall constitute a quorum for the transaction of all business, except as hereinafter provided. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. GEORGIA INSURANCE CODE AMENDEDPENSION, ETC. CONTRACTS. Code 56-1038 Enacted. No. 153 (House Bill No. 166). An Act to amend an Act known as The Georgia Insurance Code approved March 8, 1960 (Ga. L. 1960, p. 289), so as to provide authority for the establishment of separate investment accounts by domestic life insurers for the funding of pension, retirement and profit sharing plans providing benefits payable in fixed or variable dollar

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amounts; to provide eligibility requirements for such plans; to provide for the investment and valuation of funds placed therein; to authorize the establishment by the Insurance Commissioner of reasonable rules and regulations governing such accounts; to relate said Act to the provisions of section 56-2508 of the Code; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Georgia Insurance Code approved March 8, 1960 (Ga. L. 1960, p. 289) is hereby amended by adding to Chapter 56-10 a new section to be known as section 56-1038 to read as follows: 56-1038 . (a) Any domestic life insurance company may establish one or more separate accounts, and may allocate to such separate account or accounts, in accordance with the terms of a written agreement, any amounts paid to the company in connection with a pension, retirement or profit sharing plan, which is established by or in behalf of any group listed in section 56-2701 of this Code, which are to be applied to provide benefits payable in fixed or variable dollar amounts. (b) The amounts allocated to each such account and accumulations thereon may be invested and reinvested in any class of investments which may be authorized in the written agreement without regard to any requirements or limitations prescribed by the laws of this state governing the investments of domestic life insurance companies; provided, that to the extent that the company's reserve liability with regard to (1) benefits guaranteed as to amount and duration, and (2) funds guaranteed as to principal amount or stated rate of interest, is maintained in any separate account, a portion of the assets of such separate account at least equal to such reserve liability shall be invested in accordance with the laws of this state governing the investment of reserves of domestic life insurance companies, as set forth in section 56-1005(4) of this Code. The investments in such separate account or accounts shall not be

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taken into account in applying the investment limitations applicable to other investments of the company. (c) The income, if any, and gains and losses, realized or unrealized on each account shall be credited to or charged against the amounts allocated to the account in accordance with the written agreement, without regard to other income, gains or losses of the company. (d) Assets allocated to a separate account shall be valued at their market value on the date of valuation, or if there is no readily available market, then in accordance with the terms of the applicable written agreement; provided, that the portion of the assets of such separate account at least equal to the company's reserve liability with regard to the guaranteed benefits and funds referred to in sub-section (b) hereof, if any, shall be valued in accordance with the rules otherwise applicable to the company's assets. (e) Amounts allocated to a separate account in the exercise of the power granted by this section shall be owned by the company, and the company shall not be, nor hold itself out to be, a trustee with respect to such amounts. (f) If the agreement provides for payment of benefits in variable amounts, any contract entered into pursuant to the provisions of this Act and delivered in this state providing for such variable benefits shall be a group annuity contract. Such contract shall (1) cover at least 10 persons at the time it is entered into, (2) be for the purpose of funding a pension, retirement or profit sharing plan or agreement which meets the requirements for qualification under section 401 or 403 of the United States Internal Revenue Code, as now or hereafter amended, or any corresponding provisions of prior or subsequent United States Revenue Laws, and (3) prohibit the allocation to the separate account of any payment or contribution made by any employee. Such contract shall contain a statement of the essential features of the procedure to be followed by the company in determining the dollar amount of such variable benefits. Such contract and any group certificate issued thereunder shall state that such dollar amount may decrease

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or increase and shall contain on its first page, in a prominent position, a statement that the benefits thereunder are on a variable basis. (g) No domestic life insurance company, and no foreign or Canadian life insurance company admitted to transact business in this state, shall be authorized to deliver within this state any contract entered into pursuant to the provisions of this Act and providing benefits in variable amounts until said company has satisfied the Commissioner that its condition or methods of operation in connection with the issuance of such contracts will not be such as would render its operation hazardous to the public or its policyholders in this state. In determining the qualification of a company requesting authority to deliver such contracts in this state, the Commissioner shall consider, among other things, (1) The history and financial condition of the company; (2) The character, responsibility and general fitness of the officers and directors of the company; and (3) In the case of a foreign or Canadian company, whether the regulations provided by the state of its domicile or that province in which its head office is located provides a degree of protection to policyholders and the public which is substantially equal to that provided by this section and the rules and regulations issued thereunder. (h) Notwithstanding any other provisions of law, the Commissioner shall have sole authority to issue such reasonable rules and regulations as may be necessary to carry out the purposes and provisions of this section. (i) Nothing herein shall be deemed to repeal any provision of section 56-2508 of this Code; and no contract or agreement made pursuant to the provisions of this section 56-1038, or policy or certificate issued hereunder, shall be construed to violate the provisions of said section 56-2508.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. MOTOR FUEL TAX LAW AMENDED. Code 92-1403 Amended. No. 185 (House Bill No. 302). An Act to amend section 92-1403 of the Georgia Code of 1933, as amended, particularly as amended by an Act found in Georgia L. 1937 at p. 167 known as the Motor-Fuel Tax Law, so as to strike the introductory paragraph and paragraphs (A) through (F) of section 92-1403 of the Motor-Fuel Tax Law and of the Georgia Code of 1933, as amended (particularly as amended by Ga. L. 1937, p. 167 at p. 174; Ga. L. 1943, pp. 339, 340; Ga. L. 1945; pp. 158, 160; Ga. L. 1951, pp. 446, 448; Ga. L. 1955, Ex. Sess., pp. 52-54; and Ga. L. 1962, p. 646), and in lieu thereof, and in order to clarify the legislative intent to enact new paragraphs (A) through (F) and a new paragraph (H) to Code section 92-1403 of the Georgia Code of 1933, as amended, and of the Motor-Fuel Tax Law, as amended, so as to provide for the levy of a tax on motor fuel and fuels not commonly measured by the gallon; to provide that some persons are to be considered distributors and that some persons may elect to become distributors of motor fuel of a type other than gasoline; to provide some duties and responsibilities for distributors and other persons and that distributors who fail or refuse to collect the tax shall be liable for the tax themselves and shall have a claim against their purchaser; to provide exemptions on sales between distributors, on sales for export, and on sales to the United States; to provide an exemption from the motor fuel tax for motor fuel of a type other than gasoline, when sold to a consumer who has no highway use for such fuel and who in fact uses such fuel for non-highway

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purposes, and to exempt from the motor fuel tax such fuel when used by a licensed distributor for non-highway purposes; to provide a definition of highway use; to provide that the tax shall be collected only once on the same motor fuel, and to provide for suits to collect the taxes; to provide an exemption from the motor fuel tax on motor fuel of a type other than gasoline when sold for heating purposes; to remove the provision relating to the tax on kerosene; to repeal conflicting laws; to provide an effective date; to provide for severability; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The introductory paragraph and paragraphs (A) through (F) of section 92-1403 of the Motor-Fuel Tax Law, as amended, and of the Georgia Code of 1933, as amended (particularly as amended by Ga. L. 1937, p. 167, at p. 174; Ga. L. 1943, pp. 339, 340; Ga. L. 1945, pp. 158, 160; Ga. L. 1951, pp. 446, 448; Ga. L. 1955, Ex. Sess., pp. 52-54; and Ga. L. 1962, pp. 646), are hereby stricken in their entirety and in lieu thereof there is hereby enacted a law to be an amendment to section 92-1403 of the Motor-Fuel Tax Law, as amended, and of the Georgia Code of 1933, as amended, to be paragraphs (A) through (F) and paragraph (H) of that code section, said Act to read as follows: 92-1403 (A) Levy of the Taxes . An excise tax is hereby imposed on all distributors of motor fuel as follows: (1) Upon the sale or use of motor fuel by them within this State at the rate of 6 cents per gallon. (2) In the event any special motor fuels which are not commonly sold or measured on the highways of this State, the State Revenue Commissioner is authorized and empowered, under such regulations as he may promulgate, to assess, levy and collect a tax upon such special fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline, and the determination by the Commissioner of the power

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potential equivalent of such special motor fuels shall be prima facie correct. By power potential equivalent is meant that quantity of such special fuels, however measured, which contains the approximate number of British Thermal Units contained in one gallon of regular grade gasoline, and upon each such quantity of such special fuels used upon the highways of this State a tax in the same amount and the same rate or use per gallon of motor fuel shall be assessed and collected. (B) Persons Considered Distributors and Certain Persons who may Elect to Become Distributors . (1) Persons Considered Distributors . Any person who shall receive motor fuel in such form and under such circumstances as shall preclude the collection of the tax provided for in this chapter from the distributor, and shall thereafter sell, use or consume, or dispose of the motor fuel in any manner or under such circumstances as shall render such disposition subject to said taxes shall be considered a distributor for purposes of taxation, and shall make the same reports, pay the same taxes, and be subject to all of the provisions of this chapter relating to distributors of such fuel. This provision shall include the receipt of motor fuel previously exported in any quantity by any means whatsoever from this State and subsequently brought back into Georgia for sale, or use of consumption. (2) Certain Persons who may Elect to Become Distributors of Motor Fuel other than Gasoline . Dealers and jobbers (as defined in this Act) in motor fuel who purchase or receive motor fuel of a type other than gasoline and who sell or dispose of such motor fuel to consumers who qualify to purchase such motor fuel exempt from the motor fuel taxes imposed by section 92-1403 (A) (1) of this chapter as being for non-highway purposes (as provided by paragraph (E) of this section) may, if they elect, become licensed as a distributor of such fuel under this section. Consumers of motor fuel of a type other than gasoline who have both highway and non-highway uses for such fuel and who thus may not purchase tax exempt from the motor fuel taxes imposed by section 92-1403 (A) (1)

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of this chapter (as provided by paragraph (E) of this section) may, if they elect, become licensed as a distributor of such fuel (other than gasoline) under this section. Dealers selling or disposing of motor fuel of a type other than gasoline and consumers of motor fuel of a type other than gasoline who have both highway and non-highway uses, when they become duly licensed as a distributor of such fuel under this chapter, shall while they are duly licensed as a distributor of such fuel be subject to all the provisions of this chapter provided, however, that the State Revenue Commissioner may, by rules and regulations, provide for the waiver of reports, records and bond requirements of such persons who become licensed as distributors of such fuels. (C) Duties of Persons Dealing in Motor Fuel . Every person who sells motor fuel in this State, either wholesale or retail, (including distributors and those persons who are distributors under subparagraph (B) of this section) shall add the amount of the taxes levied and assessed by this chapter to the price of the motor fuel. It is the intention of the General Assembly that the consumer of the motor fuel bear the burden of the taxes imposed by this chapter. No person who sells motor fuel in this State shall absorb the taxes imposed by this chapter on the motor fuel sold. Any distributor who fails or refuses, either willfully or negligently, to collect and remit the taxes under this chapter shall be liable for and shall pay the taxes due himself; provided, however, in all cases where the distributor is required by this provision to pay taxes which he otherwise would pass on to his purchaser under the provisions of this chapter, such distributor shall have a claim for the amount paid as provided by subparagraph (F) of this section which claims shall be enforced as provided by subparagraph (F) of this section and not otherwise. Every person who sells motor fuel in this State, either wholesale or retail, shall state the amount of the taxes imposed by this chapter separately from the price of such motor fuel on all advertisement, price display signs, sales delivery slips, bills, statements, and invoices. Provided that it is not necessary that the consumer be furnished with a sales slip, bill, or invoice if there is prominently displayed at the time of the

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sale signs or price lists which clearly state that the taxes imposed by this chapter are added to the sale price. (D) Exemptions on Sales Between Licensed Distributors; on Sales for Export; on Sales to the United States . Provided, however, that no tax is hereby imposed upon or with respect to the following transactions: (1) The sale of motor fuel by a duly licensed distributor in tank car, transport tank truck, or cargo lots to another duly licensed distributor for delivery by tank car, transport tank truck, or by ship or barge. Only sales between duly licensed distributors qualify for this exemption and sales to a person who is considered a distributor shall not qualify for this exemption unless that person is duly licensed as a distributor at the time of the sale. Persons licensed as a distributor of motor fuel of type other than gasoline (as provided by paragraph (B) (2) of this section) may only purchase motor fuel other than gasoline tax exempt under this section. (2) The sale of motor fuel for export from the State of Georgia is exempt from the taxes imposed by this chapter where exempted by any provision of the Constitution of the United States or of the State of Georgia. The sale of motor fuel for export from the State of Georgia, which is not exempted from the taxes imposed by this chapter by either the Constitution of the United States or of the State of Georgia, shall also be tax exempt but only if the exporter of the fuel is a duly licensed distributor under the terms of this chapter. (3) The sale of motor fuel to the United States of America for the exclusive use of the United States of America when such motor fuel is purchased and paid for by the United States of America. (E) Exemption on Motor Fuel (Other than Gasoline) from the Motor Fuel Tax imposed by Section 92-1403 (A) (1) When Sold to a Consumer who has no Highway use for such Fuel at the time of the Sale and who uses the

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Fuel for Non-highway purposes: Exemption on Motor Fuel (Other than Gasoline) from the Motor Fuel Tax Imposed by Section 92-1403 (A) (1) When used by a Licensed Distributor for Non-highway Purposes; Definition of Highway use . In no case shall the exemptions provided by this paragraph be allowed where the motor fuel is used for the propulsion of motor vehicles on the public highways as public highways are defined by section 92-1402 (G) of this chapter. In no case shall the exemptions provided by this paragraph be allowed upon motor fuel used for the purpose of construction, reconstruction, maintenance or repair of public highways as public highways are defined by section 92-1402 (G) of this chapter. In no case shall the exemptions allowed by this paragraph be allowed upon the sale or use of motor fuel which is consumed or used in or upon a motor vehicle which is operated upon the public highways as public highways are defined by section 92-1402 (G) of this chapter. When motor fuel (of a type other than gasoline) has the tax, imposed on motor fuel by section 92-1403 (A) (1), paid, and the motor fuel is subsequently used for non-highway purposes only the user may claim an exemption by becoming licensed as a distributor under section 92-1403 (B) (2) of this chapter. (1) Exemption on Motor Fuel (Other than Gasoline) From the Motor Fuel Tax Imposed by Section 92-1403 (A) (1) When Sold to a Consumer who has no Highway use for such Fuel at the Time of the Sale and who uses the Fuel for Non-highway purposes . The sale of motor fuel of a type other than gasoline (as specified in subparagraph (2) of section 92-1402 (B) of this chapter) shall be exempt from the motor fuel tax imposed by section 92-1403 (A) (1) of this chapter when such motor fuel is sold to an ultimate consumer who, at the time of the sale, has no highway use for such fuel. Sales of motor fuel of a type other than gasoline (as specified in subparagraph (2) of section 92-1402 (B) of this chapter) to any person who purchases for the purpose of reselling such fuel or to consumers who have both highway and non-highway uses of such fuel are not tax exempt under this section. In order for such persons to purchase or use such fuel tax exempt, they must become licensed as a distributor of such motor

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fuel under subparagraph (B) of Section 92-1403 of this chapter. (2) Exemption on Motor Fuel (Other than Gasoline) From the Tax Imposed by Section 92-1403 (A) (1) When used by a Licensed Distributor for Non-highway purposes . The use by a duly licensed distributor of motor fuel of a type other than gasoline (as specified in subparagraph (2) of section 92-1402 (B) of this chapter) for purposes other than for highway use is exempt from the tax imposed on motor fuel by section 92-1403 (A) (1) of this chapter. (3) Highway use defined . `Highway Use,' in addition to its ordinary meaning, shall mean and include the consumption of motor fuel by combustion in the motor of a motor vehicle on the public highways as public highways are defined by section 92-1402 (G) of this chapter; and shall also include the placing of motor fuel in the storage tank of a motor vehicle which is operated on public highways as public highways are defined by section 92-1402 (G) of this chapter. (F) Taxes Collected only Once on the same Motor Fuel; Suits by Distributors to Collect Taxes . The taxes imposed by this chapter shall be collected and paid to the State but once in respect to the sale or use (consumption) of the same motor fuel and shall not be construed to apply to the storage, withdrawal, compounding, blending or other handling of such motor fuel preliminary or preparatory to such sale or use. The taxes imposed by this chapter shall be a debt from the purchaser or consumer to the distributor, until paid, and shall be recoverable at law in the same manner as other debts; provided that the action to enforce the debt is commenced within two years from the time the taxes were paid by the distributor and that if the issue of taxability is raised in any such case, the person who raised such issue shall furnish the Attorney General with a copy of the initial pleading wherein such issue is raised, receipt of which shall be acknowledged by the Attorney General and such acknowledgment filed in the court wherein said case is pending. Any judgment rendered in such a case where said acknowledgment has not been filed shall be void

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and of no effect. Provided, if a distributor is unable to recover any tax paid from the purchaser or consumer because the purchaser or consumer shows the same exempt under this Act, then the Distributor shall have and recover from the State the amount of tax, interest, and penalty paid on such exempt sales. (H) Motor Fuel, of a type other than Gasoline, Exempt when Sold for Heating Purposes . Motor fuel, of a type other than gasoline (as specified in subparagraph (2) of section 92-1402 (B) of this chapter), is exempt from the tax imposed on motor fuel by section 92-1403 (A) (1) of this chapter when sold by a licensed distributor directly to an ultimate consumer to be used by that ultimate consumer for heating purposes if delivery of such motor fuel is made by the licensed distributor making the sale directly into the storage receptacle of the heating unit of the consumer. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declared that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective upon passage by the General Assembly and signing by the Governor. Approved February 28, 1966.

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CLAYTON JUDICIAL CIRCUITSALARY OF COURT REPORTER. No. 187 (House Bill No. 562). An Act to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended by an Act approved March 21, 1963 (Ga. L. 1963, p. 173), so as to change the compensation of the official court reporter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended by an Act approved March 21, 1963 (Ga. L. 1963, p. 173), is hereby amended by striking from section 1 the words and figures: five thousand ($5,000.00) and inserting in lieu thereof the words and figures six thousand two hundred ($6,200.00), so that when so amended section 1 shall read as follows: Section 1. The official court reporter of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed six thousand, two hundred ($6,200.00) dollars per annum to be set by the judge of the superior court of said circuit. Such compensation shall be paid in annual monthly installments from the funds provided for such purpose by Clayton County. 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 legislation will be introduced at the January-February 1966 session of the General Assembly of Georgia to change the compensation and allowance

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of the official court reporter of the Clayton Judicial Circuit, and for other purposes. This 21st day of December, 1965. Kenneth Kilpatrick Wm. J. Lee Arch Gary A. H. Harrell Members General Assembly Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arch Gary, who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press, which is the official organ of Clayton County, on the following dates: December 21, December 28, 1965, January 4, 1966. /s/ Arch Gary Representative, 35th District Sworn to and subscribed before me, this 4th day of February, 1966. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 5, 1968. (Seal). Approved February 28, 1966. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDCOST OF BLOOD TESTS. No. 192 (House Bill No. 25). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess. p. 556), as amended, particularly

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by an Act approved March 9, 1956 (Ga. L. 1956, p. 674) so as to change the provisions relating to the cost for blood alcohol tests to determine whether or not a person was operating or driving a motor vehicle while under the influence of intoxicating liquor; 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 9, 1956 (Ga. L. 1956, p. 674) is hereby amended by striking from section 47, subsection (b) paragraph 4 the figure $10.00 and substituting in lieu thereof the figure $20.00, so that when so amended section 47, subsection (b) paragraph 4 shall read as follows: 4. Any person who is arrested for driving or operating a vehicle while under the influence of intoxicating liquor shall have the right to demand a blood test to determine the amount or weight of alcohol in his blood, and it is mandatory upon the officials in whose custody he shall have been placed after arrest to have such a blood test made immediately after demand by the arrested person, provided the facilities for making such a test are available in the county of his confinement. The Director of Public Safety shall designate one or more physicians or certified hospital technicians for each county to perform such tests upon the request of any person so arrested. The costs of such test shall be borne by the person so arrested and shall be only the actual costs but in no event more than $20.00 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966.

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SUPERIOR COURT JUDGES EMERITUSCOMPENSATION WHEN SERVING IN CERTAIN COUNTIES (500,000 OR MORE). No. 208 (House Bill No. 709). An Act to provide in all counties having a population of 500,000 or more according to the U. S. decennial census of 1960 or any future census; to provide a method of payment to judges of the superior court emeritus who are requested to serve in such counties; to provide the amount and method of making such payments by the governing authorities of such counties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties having a population of 500,000 or more according to the U. S. decennial census of 1960 or any future census, whenever the judges of the superior courts of such counties request a judge of the superior courts emeritus to serve as provided by law on the superior courts of said counties, the governing authorities of such counties shall pay the sum of $25.00 per diem to such judge of the superior courts emeritus for each day of such service upon the filing of a certificate with them showing the number of days of such service and the amount due. Said sums shall be considered as contingent expense of court. Section 2. This Act shall be in addition and supplemental to other provisions provided by law, with the view toward the efficient and orderly administration of justice. Section 3. This Act shall become effective April 1, 1966. Approved February 28, 1966. SUPREME COURT AND COURT OF APPEALSCOMPENSATION. No. 210 (House Bill No. 68). An Act to amend an Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended

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by an Act approved January 18, 1962 (Ga. L. 1962, p. 3), so as to change the salaries of the Justices of the Supreme Court and the Judges of the Court of Appeals; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the salaries of Justices of the Supreme Court and Judges of the Court of Appeals, approved March 7, 1957 (Ga. L. 1957, p. 205), as amended by an Act approved January 18, 1962 (Ga. L. 1962, p. 3), is hereby amended by striking section 1 and inserting in lieu thereof a new section 1 to read as follows: Section 1. The annual salary of the Justices of the Supreme Court shall be, and the same is hereby fixed in the sum of $26,500.00. Section 2. Said Act is further amended by striking section 2 and inserting in lieu thereof a new section 2 to read as follows: Section 2. The annual salary of the Judges of the Court of Appeals shall be, and the same is hereby fixed in the sum of $26,500.00. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. BRUNSWICK JUDICIAL CIRCUITASSISTANT COURT REPORTER IN GLYNN COUNTY. No. 221 (House Bill No. 746). An Act to amend an Act, abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing a salary in lieu thereof, approved December 18, 1953 (Ga. L. 1953, Nov.-Dec.

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Sess., p. 2804), so as to provide for an assistant official court reporter; to provide that the assistant official court reporter shall carry out his duties in the Superior Court of Glynn County; to provide the compensation of the assistant official court reporter from the funds of Glynn County; 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 of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing a salary in lieu thereof, approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2804), is hereby amended by adding a new section immediately following section 2, to be designated section 2 (a), and to read as follows: Section 2 (A). There shall be an assistant official court reporter for the Brunswick Judicial Circuit who shall carry out the same duties and functions of the official court reporter, but he shall carry out such duties and functions only in the Superior Court of Glynn County. The assistant official court reporter shall be compensated in the amount of three thousand six hundred ($3,600.00) dollars per annum, payable in equal monthly installments from the funds of Glynn County, and the governing authority of Glynn County is hereby authorized to expend county funds for such purpose as a part of the cost of the operation of the courts of said county. Said salary of three thousand six hundred ($3,600.00) dollars per annum shall be in full payment for all services of said assistant official court reporter in reporting felony cases tried in the Superior Court of Glynn County. 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 January, 1966 session of the General Assembly of

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Georgia, a bill to amend an Act abolishing the fee system of the official court reporter of the Brunswick Judicial Circuit in felony cases and providing a salary in lieu thereof, approved December 18, 1953 (Ga. L. 1953, Nov.-Dec., Sess., p. 2804), so as to provide for an assistant court reporter; to provide that the assistant court reporter shall carry out his duties in the Superior Court of Glynn County; to provide for the compensation of the assistant court reporter; to provide that said compensation shall be paid from the funds of Glynn County; and for other purposes. This 17th day of January, 1966. /s/ Reid W. Harris Representative, 85th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Reid W. Harris, who, on oath, deposes and says that he is Representative from the 85th District, and that the attached copy of notice of intention to introduce local legislation was published in the Brunswick News, which is the official organ of Glynn County, on the following dates: January 18, 25, and February 1, 1966. /s/ Reid W. Harris Representative, 85th District Sworn to and subscribed before me, this 9th day of February, 1966. /s/ Priscillla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved February 28, 1966.

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GENERAL OBLIGATION BONDSPROCEDURES TO VALIDATE. Code 87-303, 87-304, 87-305, 87-405, 87-406 Amended. No. 224 (House Bill No. 388). An Act to amend section 87-303 of the Code of Georgia of 1933 relating to the publication of notice to the public of the hearing to validate general obligation bonds to be issued by a county, municipality or political subdivision; to amend sections 87-304 and 87-405 of the Code of Georgia of 1933 as amended by a resolution approved February 1, 1946 (Ga. L. 1946, p. 726) and as further amended by section 4 and section 5, respectively, of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 279) relating to the proceedings by the judge of the superior court to hear and determine all issues of law and fact in a cause to validate general obligation bonds to be issued by any county, municipality or political subdivision, to the judgment rendered in connection with any such proceedings, to the persons who may become a party to such proceedings, to the parties to such proceedings who may except to such judgment and to the time within which such party may except to such judgment; to amend sections 87-305 and 87-406 of the Code of Georgia of 1933 relating to the conclusiveness of the judgment rendered by the superior court in validating general obligation bonds to be issued by a county, municipality or political subdivision in the event that no bill of exceptions shall be filed within the time prescribed, or, if filed, the judgment shall be confirmed by the Supreme Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 87-303 of the Code of Georgia of 1933 relating to the publication of notice of a hearing to validate general obligation bonds, which section now reads as follows: Notice of Hearing . Prior to the hearing of said cause, the clerk of the superior court of the county in which it is to

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be heard shall publish in a newspaper, at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard. is hereby amended so as to clarify the provisions with respect to the time when such notice must be published, so that when so amended said section shall read as follows: Notice of Hearing . Prior to the hearing of said cause, the clerk of the superior court of the county in which it is to be heard shall publish in a newspaper, once during each of the two successive weeks immediately preceding the week in which said hearing is to be held, a notice to the public that on the day specified in the order providing for the hearing of said cause the same will be heard. Such newspaper shall be the official organ of the county in which the sheriff's advertisements appear. Code 87-303. Section 2. Section 87-304 of the Code of Georgia of 1933 as amended by a resolution approved February 1, 1946 (Ga. L. 1946, p. 726) and as further amended by section 4 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 279) relating to the hearing to validate general obligation bonds, to the questions to be heard and determined to the judgment rendered, to the persons who may become parties, to the persons who may except from such judgment and to the time within which such parties may except, which section now reads as follows: Trial of case; parties; judgment; bill of exceptions . Within the time prescribed in the order, the judge of said superior court shall proceed to hear and determine all of the qustions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of the bonds, a judgment and order shall be entered to that effect, and any citizen of this State, resident of such county, municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the bonds, may except thereto within 30 days from the judgment.

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is hereby amended so as to clarify the provisions relating to the time of the hearing, the provisions relating to the rendition of judgment, the provisions relating to the persons who may become parties to such validation proceedings, and who may appeal from such judgment, and so as to provide that any such appeal shall be taken under the procedure provided in cases of injunction, so that when amended said section shall read as follows: Trial of case; parties; judgment; appeal . Within the time prescribed in the order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all questions of law and of fact in said cause, and shall render judgment thereon. Any citizen of this State, resident of such county, municipality, or political division, so desiring to issue said bonds, may become a party to say proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of the court confirming and validating the issuance of said bonds, or refusing to confirm and validate the issuance of said bonds, may appeal from said judgment under the procedure provided by law in cases of injunction. No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered. Code 87-304. Section 3. Section 87-305 of the Code of Georgia of 1933 relating to the conclusive effect of the judgment rendered by the judge of the superior court validating general obligation bonds, which section now reads as follows: Judgment validating forever conclusive . In the event no bill of exceptions shall be filed within the time prescribed herein, or, if filed, the judgment shall be affirmed by the Supreme Court, the judgment of the superior court, so confirming and validating the issuance of the bonds, shall be forever conclusive upon the validity of the bonds against the county, municipality or political division. is hereby amended so as to delete therefrom the provision that such judgment shall be conclusive if affirmed by the Supreme Court and to provide in lieu thereof that such judgment shall be conclusive if affirmed on appeal, so that when amended, said section shall read as follows:

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Judgment validating forever conclusive . In the event no appeal is filed within the time prescribed by law, or, if filed, the judgment shall be affirmed on appeal, the judgment of the superior court, so confirming and validating the issuance of said bonds, shall be forever conclusive upon the validity of the bonds against the county, municipality or political division. Code 87-305. Section 4. Section 87-405 of the Code of Georgia of 1933 as amended by a Resolution approved February 1, 1946 (Ga. L. 1946, p. 726) and as further amended by section 5 of an Act approved December 21, 1953 (Ga. L. 1953, p. 279) relating to the hearing to validate general obligation bonds, to the questions to be heard and determined, to the judgment rendered, to the persons who may become parties, to the persons who may except from such judgment and to the time within which such parties may except, which section now reads as follows: Hearing on petition; judgment; appeal . Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all of the questions of law and fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the validating of said bonds, a judgment and order shall be entered to that effect, and any citizens of this State, resident in such county or municipality which issued said bonds sought to be validated, may become a party to said proceedings, and any party thereto dissatisfied with the judgment of said court confirming and validating said bonds, or refusing to confirm and validate said bonds, may except thereto within 30 days from the date of said judgment as in other cases. is hereby amended so as to clarify the provisions relating to the time of the hearing, the provisions relating to the rendition of judgment, the provisions relating to the persons who may become parties to such validation proceedings, and who may appeal from such judgment, and so as to provide that any such appeal shall be taken under the procedure provided in cases of injunction, so that when amended, said section shall read as follows:

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Hearing on petition; judgment; appeal . Within the time prescribed in said order, or such further time as he may fix, the judge of said superior court shall proceed to hear and determine all questions of law and fact in said cause, and shall render judgment thereon. Any citizen of this State, resident in such county or municipality, or political division, so desiring to issue said bonds, may become a party to said proceedings at or before the time set for the hearing, and any party thereto dissatisfied with the judgment of said court confirming and validating the issuance of said bonds, or refusing to confirm and validate the issuance of said bonds, may appeal from said judgment under the procedure provided by law in cases of injunction. Only a party to the proceedings at the time the judgment appealed from is rendered may appeal from said judgment. Code 87-405. Section 5. Section 87-406 of the Code of Georgia of 1933 relating to the conclusive effect of the judgment rendered by the judge of the superior court validating general obligation bonds, which section now reads as follows: Judgment of validation conclusive, when . In the event no bill of exceptions shall be filed within the time prescribed therein, or, if filed, judgment shall be affirmed by the Supreme Court, the judgment of said superior court so confirming and validating said bonds shall be forever conclusive upon the validity of said bonds against the said county or municipality. is hereby amended so as to delete therefrom the reference to a bill of exceptions and the provision that such judgment shall be conclusive if affirmed by the Supreme Court and to provide in lieu thereof that such judgment shall be conclusive if affirmed, so that when amended, said section shall read as follows: Judgment of validation conclusive, when . In the event no appeal is filed within the time prescribed by law, or, if filed, judgment shall be affirmed on appeal, the judgment of said superior court so confirming and validating said bonds shall be forever conclusive upon the validity of said bonds against the said county or municipality or political division. Code 87-406.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1966. STATE PROPERTIES CONTROL COMMISSION AUTHORIZED TO LEASE DESCRIBED PROPERTY. No. 6 (House Resolution No. 87-138). A Resolution. Authorizing the leasing of a certain tract of state-owned property; and for other purposes. Whereas, the State of Georgia owns the following described tract of land: That certain now vacant and unimproved triangular-shaped lot, piece or parcel of land situate, lying and being along and immediately adjoining the original northwesterly limit line of the City of Milledgeville-Gray State Highway, which is now identified as State Highway Route #22, and on and along the southerly side of the curvature of the right-of-way of the paved northerly projection of North Cobb Street, in the original first land and present 308th militia district, in Baldwin County, Georgia, it lying in and being a part of land lot number 282, which was originally granted by the state unto Stephen Dyche, the land here described including and containing an area of six and twenty-four one hundredths (6.24) acres, and is more particularly described as follows: Beginning at a point on the northerly side of the present right-of-way of the present Milledgeville-Gray State Highway #22, which marks the property corner thereon common to said city limit line and to the land here described, and from said point of beginning along the northerly right-of-way of the said Milledgeville-Gray State

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Highway north 34 31[prime] west a distance of 567.96 feet to a right-of-way marker; thence south 47 53[prime] west a distance of 15 feet to a right-of-way marker; thence north 41 42[prime] west a distance of 152.63 feet to an iron pin; thence north 9 11[prime] west a distance of 125.11 feet to an iron pin; thence south 79 13[prime] east a distance of 280.80 feet to a point; thence in a southeasterly direction following the curvature of the right-of-way of North Cobb Street a distance of 600 feet to an iron pin; thence south 42 15[prime] west a distance of 533.84 feet to the point of beginning; all as shown on a plat of survey of property of the State of Georgia, dated October 2, 1965, prepared by Marion Ennis, Jr., Registered Land Surveyor No. 1410, which plat is on file with the State Properties Control Commission; and Whereas, said tract has been transferred to the custody and control of the State Properties Control Commission; and Whereas, said tract is surplus to the needs of the state and no longer of any use to the state or any department or agency thereof. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission is hereby authorized to investigate the circumstances surrounding the leasing of the above described tract; and if in its own determination should decide that said tract is surplus and not useful to the needs of the state, said Commission is authorized to advertise all or a portion of said property for leasing in the manner set forth in Georgia Code section 91-109a; and if in the estimation of said Commission, favorable bids are received for the leasing of said property, then said Commission is authorized, acting for and in behalf of the State of Georgia, to lease all or any portion of said tract to the highest responsible bidder, for an indefinite term of years and upon such terms, conditions and restrictions, as said Commission may deem to be in the best interest of the state, and that such lease, when approved and executed by the

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chairman and scretary of the Commission, shall be binding upon the State of Georgia. Approved February 28, 1966. LAND CONVEYANCE TO CITY OF MACON. No. 7 (House Resolution No. 148-301). A Resolution. Authorizing the conveyance of certain State property located in Bibb County, Georgia; and for other purposes. Whereas, the City of Macon, by quit-claim deed on March 6, 1957, conveyed a certain tract of land in the City of Macon, Bibb County, Georgia, to the State of Georgia upon which is presently located the H. D. Russell Armory of the Georgia Army National Guard, along with the City of Macon's right, title and interest in and to a certain easement for ingress and egress to and from said armory property across certain property lying to the east of, adjacent to, and between the said armory property and the Gray Highway; and Whereas, the City of Macon now proposes to construct and maintain at no expense to the State of Georgia a paved public street connecting Clinton Road and the Gray Highway which would require a 60 foot right of way across the rear portion of the aforesaid H. D. Russell Armory property; and Whereas, the Sinclair Refining Company, the owner of the tract adjacent to and east of the H. D. Russell Armory property across which the above mentioned easement for ingress and egress runs, has agreed with the City of Macon to convey to it an adequate right of way to facilitate the construction and maintenance of the aforesaid paved street connecting Clinton Road and the Gray Highway in consideration of, among other things, the reconveyance

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to it of the existing easement for ingress and agress mentioned above; and Whereas, the construction of the aforesaid paved street connecting Clinton Road and the Gray Highway would be in the best interest of the State of Georgia in that the same, among other benefits, would afford to the H. D. Russell Armory property additional and improved means of ingress and egress; and Whereas, the area of the H. D. Russell Armory property required as right of way for the construction of said paved street is described as follows: All that tract or parcel of land lying and being in land lot 38, Macon Reserve East, Bibb County, Georgia, containing 0.504 acres, and being more particularly described as follows: Commencing at the southwest corner of tract 1 according to a subdivision plat of the Southeastern Broadcasting Company made by F. B. West, Jr., Registered Surveyor, on July 24, 1954, and recorded in plat book 27, folio 37, clerk's office, Bibb Superior Court, and run thence north 16 degrees 30 minutes east a distance of 105.6 feet to a point which is the point of beginning; thence from said point of beginning running north 16 degrees 30 minutes east a distance of 60.4 feet to a point; thence angling right and running south 80 degrees 26 minutes east a distance of 372.1 feet to a point; thence angling right and running south 27 degrees 09 minutes west a distance of 62.9 feet to a point; thence angling right and running north 80 degrees 26 minutes west a distance of 360.4 feet to the point of beginning. Also, all of the State of Georgia's right, title and interest in and to the 50-foot strip adjoining said 0.504 acre tract and lying between it and the east side of Clinton Road; and Whereas, the existing easement across adjacent property which must be reconveyed to the City of Macon in

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order to facilitate obtaining of adequate right of way on said adjacent tract for the construction of said paved street is described as follows: All of the State of Georgia's right, title and interest in and to that certain easement for ingress and egress conveyed to the City of Macon by indenture from Sinclair Refining Company dated February 25, 1957, and recorded in deed book 747, page 611, clerk's office, Bibb Superior Court and thereafter conveyed by the City of Macon to the State of Georgia by deed recorded in deed book 747, page 663, clerk's office, Bibb Superior Court. Now, therefore, be it resolved by the General Assembly of Georgia, that the Governor of Georgia is hereby authorized to execute the appropriate instruments on behalf of the State of Georgia to reconvey to the City of Macon the above described property required for the construction of the aforesaid paved street connecting Clinton Road and the new Gray Highway in the City of Macon, Bibb County, Georgia, and to reconvey to the City of Macon all of the State of Georgia's right, title and interest in and to the above described easement for ingress and egress for and in consideration of the sum of ten dollars ($10.00) and the benefits flowing to the State of Georgia. Approved February 28, 1966. EASEMENT TO WHEELER COUNTY. No. 9 (House Resolution No. 124-239). A Resolution. Authorizing the Governor to execute a permanent easement on behalf of the State of Georgia over certain property located in Little Ocmulgee State Park to the commissioners of roads and revenues of Wheeler County, Georgia, to be used in connection with the Telfair-Wheeler Airport.

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Whereas, this tract of land was deeded to the State to be used as a State park; and Whereas, exclusive rights to a portion of this tract of land is no longer needed by the State of Georgia for use as a State park facility; and Whereas, the board of roads and revenues of Wheeler County, Georgia, desires to acquire an easement over this portion of the tract of land for use in connection with the Telfair-Wheeler Airport to serve the citizens; and Whereas, it is in the public interest that the State of Georgia convey the easement to the board of roads and revenues of Wheeler County, the said portion for the purpose stated; and Whereas, the State has agreed to convey the portion of land to the board of roads and revenues of Wheeler County for and in consideration of the sum of ten dollars ($10) and the moral obligation of the State as the State no longer has any need for the exclusive right to said land; and Whereas, said portion or partial of land is more particularly described as follows: From the intersection of the center line of Old Alamo Road and the center line of U. S. Highway 441 run north for a distance of 117.66 feet, to a point, which is the point of beginning; thence north 67 33[prime] west for a distance of 154.68 feet to a point; running thence north 22 30[prime] east a distance of 249.47 feet to a point; running thence south 9 18[prime] east for a distance of 293.53 feet to the point of beginning. The above-described tract of land appears on a drawing attached hereto, prepared by Hensley-Schmidt, Inc., Consulting Engineers, on June 3, 1965. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized and

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directed to execute the appropriate instruments on behalf of the State of Georgia to convey an easement over the above-described tract or parcel of land to the commissioners of roads and revenues of Wheeler County, Georgia, for and in consideration of the sum of ten dollars ($10) and the moral obligation of the State. Approved February 28, 1966. LAND CONVEYANCE IN JENKINS COUNTY. No. 75 (House Resolution No. 285-636). A Resolution. To authorize the Governor, acting for and on behalf of the State of Georgia, to execute a deed to the United States of America conveying a certain tract or parcel of land now owned by the State of Georgia, which contains approximately 20.12 acres of land and which is located in Jenkins County and is now a part of Magnolia Springs State Park, to be used by the United States Department of the Interior, Fish and Wildlife Service, for the purpose of constructing and maintaining buildings and other structures for a fish hatchery for conservation purposes on said land. Whereas, the State of Georgia has acquired a certain tract or parcel of land, as will be more fully described hereinafter for the purpose of use by the Department of State Parks for a recreational area within Magnolia Springs State Park; and Whereas, the United States of America through its Department of Interior, Fish and Wildlife Service, desires to acquire said parcel and upon receiving fee simple title to that certain tract of land described hereinafter will construct and maintain buildings and other structures for a fish hatchery for conservation purposes on said land in Magnolia Springs State Park in Jenkins County, Georgia; and

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Whereas, that said parcel of land is located within an area which is not suitable for use as a recreation site and therefore the said parcel of land is surplus to the needs of the Department of State Parks; and Whereas, the use of said land by the United States Government would benefit the citizens of this State through expanded fish and wildlife management service and would increase tourist visits in the area; and Whereas, said tract is located in Jenkins County and is more particularly described as follows: A tract of land located in Jenkins County, Georgia, lying east of and adjoining the east right-of-way boundary of U. S. Highway No. 25 and north of Magnolia Spring Branch, approximately five and one-quarter miles north of the town of Millen, now being a part of the Magnolia State Park, and more particularly described as follows: Beginning at corner 1, on the east right-of-way boundary of U. S. Highway No. 25, approximately 1,553 feet northerly, along the said Highway boundary from the center of the highway bridge over Magnolia Spring Branch, a standard concrete post with a brass cap set in the top marked U. S. Fish and Wildlife Service projecting approximately 6 inches above the ground; thence S72 -25[prime] E. with the south boundary line of the U. S. Government, 1,328.13 feet to an iron pipe set approximately 50 feet from the edge of Magnolia Spring Branch; thence S66 -22[prime]W., 241.81 feet to an iron pipe; thence S39 -33[prime]W., 590.00 feet to an iron pipe; thence S76 -59[prime] W., 543.00 feet to an iron pipe in the east right-of-way boundary of U. S. Highway No. 25 and being approximately 324.00 feet northerly of the center line of a highway bridge over Magnolia Spring Branch; thence N12 -26[prime]W. with the east right-of-way boundary of U. S. boundary of U. S. Highway No. 25, 1,229.05 feet to the point of beginning; and Bounded; on the north by property of the U. S. Government, on the east and south by lands of the State of

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Georgia (Magnolia State Park) and on the west by land of the State of Georgia (Highway 25 right-of-way); and containing 20.12 acres, more or less. The above-described tract of land is delineated on a map tracing designated State of Georgia Tract (2,a), bearing the date of February 4, 1966, as of record in the files of the Department of the Interior. Now, therefore, be it resolved by the General Assembly of Georgia that the hereinbefore described property is hereby declared surplus to the needs of this State and the Governor, acting for and in behalf of the State of Georgia, is hereby authorized to convey said property to the United States of America by the execution of the appropriate instruments, for and in consideration of ten ($10.00) dollars and the benefits accruing to the citizens of the State of Georgia. Approved March 3, 1966. LEASE OF LAND TO WARDENS AND VESTRY OF ST. STEPHENS CHURCH. No. 85 (House Resolution No. 157-338). A Resolution. Authorizing the State Real Properties Control Commission to lease a certain lot, tract or parcel of land and all permanent improvements made thereon or connected therewith within the 320 militia district of Baldwin County, Georgia, to the Wardens and Vestry of St. Stephens Church and their successors in Milledgeville, Georgia; and for other purposes. Whereas, the State of Georgia is the owner of all that certain lot, tract or parcel of land lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia, which is described as follows:

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All of that certain lot, tract or parcel of land together with any and all permanent improvements located thereon or connected therewith situate lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia, the same being a part of the State House Square in said city as shown by Dr. Mitchell's official map and survey and being more particularly described as follows: Beginning at a point which said point lies along the eastern right-of-way boundary of that certain public street area or road in said city known as South Wayne Street and which said point is south 13 degrees 15 minutes east a distance of 258.3 feet from the intersection corner of said South Wayne Street with the southern right-of-way boundary of that certain public street area or road in said city known as East Green Street and proceeding thence north 77 degrees 26 minutes east a distance of 210.0 feet, along the boundary line between the boundary of the property herein described and the southern boundary of the northwesternmost remaining portion of the northwestern quadrant portion of said State House Square, to a point; thence south 13 degrees 15 minutes east a distance of 190.5 feet, along the boundary line between the eastern boundary of the property herein described and the western boundary of the easternmost remaining portion of the northwestern quadrant portion of said State House Square, to a point; thence south 77 degrees 26 minutes west along the southernmost boundary of the property herein described a distance of 210.0 feet to a point along the eastern right-of-way boundary of said South Wayne Street; thence along the eastern right-of-way boundary of said South Wayne Street north 13 degrees 15 minutes west a distance of 190.5 feet to the point of beginning. Said property is bounded as follows: On the north by other lands now or formerly of the State of Georgia in said State House Square; on the east by other lands now or formerly of the State of Georgia in said State House Square; on the south by other lands now or formerly of the State of Georgia in said State House Square; and

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on the west by the eastern right-of-way boundary of said South Wayne Street. Said above described property is hereby described in accordance with the metes, bounds, courses, and distances as shown by a plat made from a survey by Walker McKnight, Georgia Registered Surveyor No. 864 dated September, 1965, and said plat is by reference only made a part of this description and shall be considered controlling as to the size, dimension and location of the property herein described.; and Whereas, pursuant to the provisions of an Act asserted to (approved) December 8, 1841 (Ga. L. 1841, Nov.-Dec. Annual Session, p. 42), John R. Cotting and Charles J. Paine, wardens, and John S. Thomas, Michael J. Kenan and William S. Rockwell, vestrymen, and their successors in office, were incorporated and made a body politic and corporate under the name and style of the Wardens and Vestry of St. Stephen's Church, in Milledgeville, Georgia; and Whereas, in the early days in the history of the State of Georgia, churches and religious denominations were accorded the privilege of locating their buildings of worship on property owned by the State; and Whereas, at the present time the only improvement located on the property herein described is the St. Stephen's Church; and Whereas, due to its urban location, the said church is in dire need of additional property whereon automobiles may be parked and on which future improvements could be made; and Whereas, it would be impractical and would interfere with the symmetry of the other buildings in the vicinity to make expansions without additional real property; and Whereas, the Board of Trustees of the Georgia Military College have renounced all claims to said property; and

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Whereas, St. Stephen's Church has been located on said property since 1841 under the authority of the General Assembly of Georgia; and Whereas, the Wardens and Vestry of St. Stephen's Church, in their corporate capacity, are desirous of leasing the property herein described; and Whereas, the leasing of said property would in no way interfere with or decrease the value of the other property owned by the State in the vicinity of the property herein described; and Whereas, it is the findings of the General Assembly of Georgia that the tract or parcel as described herein is surplus and is not needed for State purposes. Now, therefore, be it resolved by the General Assembly of Georgia that the State Real Properties Control Commission is hereby authorized to lease such property described in this resolution to the Wardens and Vestry of St. Stephen's Church, in their corporate capacity, for a period of ninety-nine (99) years. The terms and conditions of such lease shall be as agreed upon by the State Real Properties Control Commission and the Wardens and Vestry of St. Stephen's Church; provided, however, the instrument or instruments executed by the State Real Properties Control Commission and the Wardens and Vestry of St. Stephen's Church shall contain appropriate provisions whereby the lease shall be terminated in the event such property ceases to be used for a place of worship. Approved March 2, 1966. CONCENTRATED COMMERCIAL FEEDING STUFFS. Code Chap. 42-2 Amended Code 42-9922 Enacted. No. 229 (House Bill No. 193). An Act to amend Code Chapter 42-2, relating to concentrated commercial feeding stuffs, as amended by an Act approved March 8, 1937 (Ga. L. 1937, p. 454), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p.

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418), an Act approved March 27, 1956 (Ga. L. 1956, p. 293), and an Act approved March 10, 1965 (Ga. L. 1965, p. 121), so as to change the inspection fee upon concentrated commercial feeding stuffs; to provide for the collection and distribution of refunds to cover a deficiency in grade in any feeding stuff or ingredient; to provide for and clarify the provisions relating to penalties; 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 42-2, relating to concentrated commercial feeding stuffs, as amended by an Act approved March 8, 1937 (Ga. L. 1937, p. 454), an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 418), an Act approved March 27, 1956 (Ga. L. 1956, p. 293), and an Act approved March 10, 1965 (Ga. L. 1965, p. 121), is hereby amended by striking from section 42-205, relating to inspection fees for concentrated commercial feeding stuffs, the figure and words 20 cents per ton and inserting in lieu thereof the figure and words 10 cents per ton and by striking the second sentence as follows: The inspection fee on cottonseed meal shall be 10 cents per ton., so that when so amended section 42-205 shall read as follows: 42-205 . Each manufacturer, manipulator, importer, jobber, agent or seller of any concentrated feeding stuff shall pay to the Commissioner of Agriculture an inspection fee of 10 cents per ton of such concentrated feeding stuffs sold or offered or exposed for sale. 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

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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 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. Inspection fees. Section 2. Said Code Chapter is further amended by striking Code section 42-207, relating to ingredients of concentrated commercial feeding stuff, labeling, seizure of food stuff, notice of seizure, and collection and distribution of refunds, in its entirety and inserting in lieu thereof a new Code section 42-207 to read as follows:

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42-207. Ingredients of concentrated commercial feeding stuff . Concentrated commercial feeding stuff may contain as ingredients peanut meal feed, peanut-vine hay, peanut-stem meal or peanut skins when the name of every such ingredient shall be clearly and correctly printed on the bag or other container of such concentrated commercial feeding stuff, or on the tag or label attached to said bag or container. Section 3. Said Code Chapter is further amended by adding a new Code section to be known as section 42-210 to read as follows: 42-210. Seizure of feeding stuffs; notice of seizure; release of feeding stuffs . If it appears from any examination or analysis of an official sample of any commercial feeding stuff that any of the provisions of this Chapter have been violated, the Commissioner of Agriculture or his deputy or agents shall have the power to seize such feeding stuffs, but immediate written notice of such seizure must be given the party in whose possession the feed is found. Any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the Commissioner of Agriculture, before action in the courts may be instituted. The Commissioner of Agriculture or deputies or agents may in their discretion release feeding stuffs so seized when all requirements of this Chapter have been complied with, and upon payment of all costs and expenses incurred in connection with the proceedings. Section 4. Said Code Chapter is further amended by adding a new Code section to be known as section 42-211 to read as follows: 42-211. Assessment, collection and distribution of refunds . The Commissioner of Agriculture shall have the power to assess and collect refunds to cover a deficiency in grade on any concentrated commercial feeding stuff, or any ingredient therein, as determined by an analysis of the State Chemist or an employee under his supervision, and

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refunds so collected shall be distributed pro rata among actual consumers of such concentrated commercial feeding stuff. When any ingredient which is deficient is furnished to a manufacturer of concentrated commercial feeding stuffs and a refund is collected from the person who furnished such manufacturer with the deficient ingredient, the manufacturer shall be deemed a consumer of such feeding stuffs for the purpose of obtaining his pro rata share of the refund collected by the Commissioner. In the event any consumer cannot be located, his pro rata share of such refund shall be deposited in the general fund of the State Treasury. In any controversy or prosecution arising under the provisions of this Chapter, the certificate of the State Chemist or other state employee making the analysis or inspection, when duly sworn to by the Chemist or employee, shall be prima facie evidence of the facts therein certified. Section 5. Said Code Chapter is further amended by adding a new Code section to be known as section 42-9922 to read as follows: 42-9922. Violation of Chapter 42-2, relating to commercial feeding stuff . Any manufacturer, mixer, importer, jobber, firm, association, corporation, or person who shall fail to make the proper tonnage report as required in this Chapter or to pay the proper inspection fees as required in this Chapter or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said Commissioner of Agriculture or his authorized agent in the performance of his duty in connection with the provisions of this Chapter, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs without complying with the provisions of this Chapter, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding stuffs which contains a substantially smaller per cent. of protein or fat, or a substantially larger per cent. of crude fibre than is certified to be contained therein, or who shall fail to properly state the specific common name of each, and every ingredient used in its manufacture, or who shall violate any other provision of this Chapter, or any official rule or regulation relative thereto, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.

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Section 6. This Act shall become effective July 1, 1966. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. SUPERIOR COURT OF MITCHELL COUNTYTERMS. No. 237 (House Bill No. 465). An Act to change the terms of the Superior Court of Mitchell County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The terms of the Superior Court of Mitchell County shall be the second and third Mondays in April and the third and fourth Mondays in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Mitchell County. Personally appeared before me, the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, B. T. Burson, who on oath deposes and says that he is the owner and publisher of The Camilla Enterprise, a newspaper published in the City of Camilla, Georgia, of general circulation in Mitchell County, Georgia, being the official gazette of said county, and that the attached advertisement has been published in The Camilla Enterprise once a week for three (3) weeks in the regular issues of January 14, 21 and 28, 1966. /s/ B. T. Burson Sworn to and subscribed before me, this 28th day of January, 1966. /s/ Mary Ann Johnson Notary Public, Mitchell County, Georgia. My Commission expires May 26, 1967. (Seal).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966, session of the General Assembly of Georgia, a bill to change the April and October terms of Mitchell Superior Court from the second and third Mondays in April and October to the third and fourth Mondays in such months; to provide an effective date, and for other purposes. This 13th day of January, 1966. /s/ Marcus E. Collins Representative, Mitchell County, Georgia. Approved March 2, 1966. CHATTAHOOCHEE JUDICIAL CIRCUITJUDGES' SUPPLEMENT. No. 239 (House Bill No. 684). An Act to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 18) so as to change the amount of said supplement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the County of Muscogee shall supplement the salary of the judges of the Superior Court of the Chattahoochee Judicial Circuit, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 18) is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows:

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Section 1. That from and after the effective date of this Act, Muscogee County is hereby authorized and directed to supplement the salary of each of the judges of the Superior Court of the Chattahoochee Judicial Circuit, in which said county lies, out of county funds by paying from its treasury to each of said judges the sum of $7,000.00 per annum, which additional compensation shall be paid by said county to each of said judges in equal monthly installments, and said funds are hereby declared to be a part of the court expenses of said county. Section 2. This Act shall become effective on January 1, 1967. Effective date. Section 3. 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 January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Marion. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Albert McCarter, who, being duly sworn, deposes and says on oath that he is publisher of the Marion County Patriot, the newspaper in which sheriff's advertisements are published in and for Marion County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply

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for local legislation was published in the Marion County Patriot on the following dates Jan. 20, Jan. 27, and Feb. 3, 1966. This 3rd day of February, 1966. /s/ Albert McCarter Owner, Editor and Publisher Sworn to and subscribed before me, this 3rd day of February, 1966. /s/ G. L. Hobbs Notary Public, Marion County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Talbot. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Albert McCarter, who, being duly sworn, deposes and says on oath that he is publisher of the Talbotton New Era, the newspaper in which sheriff's advertisements are published in and for Talbot County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply

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for local legislation was published in the Talbotton New Era on the following dates: Jan. 20, Jan. 27, and Feb. 3, 1966. This 3rd day of February, 1966. /s/ Albert McCarter Owner, Editor and Publisher Sworn to and subscribed before me, this 3rd day of February, 1966. /s/ G. L. Hobbs Notary Public, Talbot County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Taylor. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Verna W. Griggs, who, being duly sworn, deposes and says on oath that she is publisher of the Taylor County News, the newspaper in which sheriff's advertisements are published in and for Taylor County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Taylor

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County News on the following dates: Jan. 21, Jan. 28, and Feb. 4, 1966. This 4th day of February, 1966. /s/ Verna W. Griggs Sworn to and subscribed before me, this 4th day of February, 1966. /s/ Virginia S. Wilson Notary Public, Taylor County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Muscogee. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, Johnston C. Woodall, who, being duly sworn, depose and says on oath that he is publisher of the Harris County Journal, the newspaper in which sheriff's advertisements are published in and for Harris County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Harris County Journal on the following dates: Jan. 20, Jan. 27, and Feb. 3, 1966.

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This 2nd day of February, 1966. /s/ Johnston C. Woodall Sworn to and subscribed before me, this 2nd day of February, 1966. /s/ Stanley E. Lewis Notary Public, Muscogee County, Georgia. My Commission expires Jan. 18, 1969. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Muscogee. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on oath that he is publisher of the Columbus Enquirer, the newspaper in which sheriff's advertisements are published for Chattahoochee County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Columbus Enquirer on the following dates: January 20, 27, and February 3, 1966. This 3rd day of February, 1966. /s/ M. R. Ashworth Sworn to and subscribed before me, this 3rd day of February, 1966.
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/s/ Wallace A. Kitchen Notary Public, Muscogee County, Georgia. My Commission expires February 10, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1966 session of the General Assembly of Georgia, a bill to amend an Act providing that the County of Muscogee shall supplement the salary of the judges of the superior court of the Chattahoochee Circuit, approved February 5, 1953 (Ga. L. 1953 Jan.-Feb. Sess. p. 18), so as to change the amount of said supplement; to provide an effective date; and for other purposes. This 4th day of January, 1966. J. Walter Owens, President Columbus Lawyers Club State of Georgia, County of Muscogee. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on oath that he is publisher of the Columbus Ledger, the newspaper in which sheriff's advertisements are published in Muscogee County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Columbus Ledger on the following dates: January 7, 14, 21, 1966. This 3rd day of February, 1966. /s/ M. R. Ashworth Sworn to and subscribed before me, this 3rd day of February, 1966. /s/ Wallace A. Kitchen Notary Public, Muscogee County, Georgia. My Commission expires February 10, 1966. Approved March 2, 1966.

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ACT PROVIDING FOR PAYMENT OF TAXES IN INSTALLMENTS IN CERTAIN COUNTIES AMENDED (250,000-500,000). Code 92-6402 Amended. No. 258 (House Bill No. 529). An Act to amend Code section 92-6402 of the Code of Georgia of 1933, as amended by an Act approved March 10, 1964 (Ga. L. 1964, p. 328), providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census; providing the installment dates for the payment of such taxes and a penalty for non-payment of installments when due so as to strike the ten per cent (10%) penalty on delinquent installments and to provide that the first installment shall be due on July 1 and shall become delinquent if not paid by August 15, and the second installment shall be due October 1 and shall become delinquent if not paid by November 15 and all installments not paid before the delinquent date shall bear a penalty of one-half of one per cent ( of 1%) per month not to exceed five per cent (5%) until paid; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That Code section 92-6402 of the Code of Georgia of 1933 providing for the payment of taxes on property in the county in which such property is returned, as amended by an Act approved March 10, 1964 (Ga. Laws 1964, p. 328), providing for the payment of taxes in two installments in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States Census or any future census, be, and the same is hereby amended by striking from said amendment the date: 15th day of October and inserting in lieu thereof the date:

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15th day of November and by striking the provision: a penalty of ten per cent (10%) of the taxes due shall accrue on each installment that is not paid before same becomes delinquent and inserting in lieu thereof: A penalty of one-half of one per cent ( of 1%) per month or fraction thereof during which any installment remains unpaid after it is due not to exceed five per cent (5%) shall accrue and be added to each installment that is not paid before same becomes delinquent. so that said amendment, (Ga. L. 1964, p. 328), when so amended shall read as follows: Section 1. That Code section 92-6402 of the Code of Georgia of 1933 providing for the payment of taxes on property to the county in the county in which such property is returned, be, and the same is hereby amended by adding to the end thereof the following language: `In counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, the taxes shall become due in two equal installments, one-half of the taxes shall be due and payable on the 1st day of July of each year and shall become delinquent if not paid by the 15th day of August in each year, the remaining one-half of such taxes shall be due and payable on the 1st day of October of each year and shall become delinquent if not paid by the 15th day of November of each year; a penalty of one-half of one per cent ( of 1%) per month or fraction thereof during which any installment remains unpaid after it is due not to exceed five per cent (5%) shall accrue and be added to each installment that is not paid before same becomes delinquent; all taxes and penalties remaining unpaid on December 20th of each year shall bear interest at the rate of seven per cent (7%) per annum from said date and the tax collectors shall issue executions therefor against each delinquent tax-payer in their respective counties.'

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Section 2. This Act shall become effective on January 1, 1967. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 2, 1966. COBB JUDICIAL CIRCUITSALARIES. No. 259 (House Bill No. 750). An Act to amend 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 31, 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), an Act approved February 27, 1962 (Ga. L. 1962, p. 130), and by an Act approved April 5, 1965 (Ga. L. 1965, p. 548), so as to change the compensation which the judges of said circuit receive from Cobb County; to change the compensation of the chief investigator of said circuit; to provide 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), an Act approved February 27, 1962 (Ga. L. 1962, p. 130), and by an Act approved April 5, 1965 (Ga. L. 1965, p. 548), is hereby amended by striking from section 4 the figure $3,450.00 and inserting in lieu thereof the figure

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$4,650.00 so that when so amended section 4 shall 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 $4,650.00 per annum which shall be paid in equal monthly installments from the general funds of Cobb County. The solicitor general of the Cobb Judicial Circuit shall be compensated on a salary basis rather than a fee basis and in addition to the salary paid the solicitors general of the superior courts by the State, the solicitor general of the Cobb Judicial Circuit shall receive the sum of $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. Judges' supplement. Section 2. Said Act is further amended by striking from section 4(a) the figure $6,600.00 and inserting in lieu thereof the figure $7,600.00, so that when so amended section 4(a) shall read as follows: Section 4(a). Said solicitor general is hereby authorized to appoint an investigator, Cobb Judicial Circuit, to serve at the pleasure of said solicitor general, and to generally perform such duties as may be assigned by said solicitor general. He shall have the same power to make arrests, to execute and return all criminal warrants and processes and serve as a peace officer as may be performed by a sheriff; he shall be subpoena clerk in the superior court for the purpose of summoning witnesses before the grand jury. He shall receive as compensation for the performance of such duties, the sum of $7,600.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Investigator.

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Section 3. The provisions of section 1 of this Act relating to the salaries of the judges of the Cobb Judicial Circuit, which is paid from funds of Cobb County, shall be effective on July 1, 1966. The provisions of section 1 of this Act relating to the solicitor general of Cobb Judicial Circuit shall become effective on 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 July 1, 1966. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. SUPERIOR COURT OF BURKE COUNTYTERMS. No 260 (House Bill No. 427). An Act to change the terms of the Superior Court of Burke 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 1966 and each year thereafter, the Superior Court of Burke County shall convene on the fourth Monday in April and the fourth Monday in October. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966.

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CORDELE JUDICIAL CIRCUITSOLICITOR-GENERAL PLACED ON SALARY BASIS. No. 271 (House Bill No. 537). An Act to place the solicitor general of the Cordele Judicial Circuit upon an annual salary; to provide an annual salary for said solicitor; to provide for the disposition of the fees formerly allowed the solicitor; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The solicitor general of the Cordele Judicial Circuit, in addition to the compensation and allowances paid to him by the State of Georgia, shall receive an annual salary as hereinafter provided for in lieu of the fee system of compensation. Salary basis. Section 2. The solicitor general of the Cordele Judicial Circuit shall receive an annual salary of $9,000.00, payable from the funds of the counties comprising the Cordele Judicial Circuit in the following manner: Crisp County, $3,200.00; Ben Hill County, $2,500.00; Dooly County, $2,100.00; and Wilcox County, $1,200.00. Salary. Said counties shall pay their proportionate share of the annual salary provided for herein in equal monthly installments from their respective funds. Section 3. The annual salary provided herein for the solicitor general shall be his sole compensation except for that compensation and allowances paid to him by the State of Georgia and all fees, fines, forfeitures, costs, commissions and other emoluments formerly allowed him for his services as the solicitor general of the Cordele Judicial Circuit shall become the property of that county of the superior court in which his services were rendered and for which such fees and commissions are allowed. Fees. Section 4. The provisions of this Act shall become effective January 1, 1967. Effective date.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1966 a local bill with the title and caption as follows: Cordele Judicial Circuit. Compensation of Solicitor General. An Act to change the compensation of the solicitor general of the Cordele Judicial Circuit; to place said solicitor general on a salary; to provide for the payment of said salary in specified amounts by the counties comprising the Cordele Judicial Circuit; to provide for the levy of a tax by the county authorities of the various counties comprising said circuit for the purpose of paying the salary of said solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of December, 1965. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr. who, on oath, deposes and says that he is Representative from the 72nd. District, and that the attached copy of notice of intention to introduce local legislation was published in the Ben Hill Fitzgerald Herald which is the official organ of Ben Hill County, on the following dates: December 30, 1965 and January 6, 13, 1966. /s/ A. B. C. Dorminy, Jr. Representative, 72nd District
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Sworn to and subscribed before me, this 2nd day of February, 1966. /s/ Barbara Spratling Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1966 a local bill with the title and caption as follows: Cordele Judicial Circuit. Compensation of Solicitor General. An Act to change the compensation of the solicitor general of the Cordele Judicial Circuit; to place said solicitor general on a salary; to provide for the payment of said salary in specified amounts by the counties comprising the Cordele Judicial Circuit; to provide for the levy of a tax by the county authorities of the various counties comprising said circuit for the purpose of paying the salary of said solicitor general: to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of December, 1965. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: December 29, 1965 and January 5 and 12, 1966. /s/ Howard Rainey Representative, 69th District
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Sworn to and subscribed before me, this 2nd day of February, 1966. /s/ Barbara Spratling Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1966 a local bill with the title and caption as follows: Cordele Judicial Circuit. Compensation of Solicitor General. An Act to change the compensation of the solicitor general of the Cordele Judicial Circuit; to place said solicitor general on a salary; to provide for the payment of said salary in specified amounts by the counties comprising the Cordele Judicial Circuit; to provide for the levy of a tax by the county authorities of the various counties comprising said circuit for the purpose of paying the salary of said solicitor general to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of December, 1965. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Norman B. Doster who, on oath, deposes and says that he is Representative from the 73rd. District, and that the attached copy of notice of intention to introduce local legislation was published in the Abbeville Chronicle which is the official organ of Wilcox County, on the following dates: December 30, 1965 and January 6 and 13, 1966. /s/ Norman B. Doster Representative, 73rd. District
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Sworn to and subscribed before me, this 2nd. day of February, 1966. /s/ Barbara Spratling Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session for the year 1966 a local bill with the title and caption as follows: Cordele Judicial Circuit. Compensation of Solicitor General. An Act to change the compensation of the solicitor general of the Cordele Judicial Circuit; to place said solicitor general on a salary; to provide for the payment of said salary in specified amounts by the counties comprising the Cordele Judicial Circuit; to provide for the levy of a tax by the county authorities of the various counties comprising said circuit for the purpose of paying the salary of said solicitor general; to provide an effective date; to repeal conflicting laws; and for other purposes. This 24th day of December, 1965. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of notice of intention to introduce local legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: December 30, 1965 and January 1, 6 and 13, 1966. /s/ Rooney L. Bowen Representative, 69th District
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Sworn to and subscribed before me, this 2nd day of February, 1966. /s/ Barbara Spratling Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 2, 1966. ROME JUDICIAL CIRCUITSALARY OF ASSISTANT SOLICITOR GENERAL, CLERICAL ASSISTANCE. No. 272 (House Bill No. 645). An Act to amend an Act placing the solicitor general of the Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended by an Act approved February 23, 1961 (Ga. L. 1961, p. 49), so as to change the compensation of the assistant solicitor general of the Rome Judicial Circuit and the clerk-typist; to authorize the governing authority of Floyd County to make additional funds available to the solicitor's office under certain circumstances; 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 Rome Judicial Circuit on an annual salary, approved February 28, 1956 (Ga. L. 1956, p. 385), as amended by an Act approved February 23, 1961 (Ga. L. 1961, p. 49), is hereby amended by striking from section 7 the following: six hundred, twenty-five ($625.00) dollars per month, payable monthly, and substituting in lieu thereof the following: eight thousand ($8,000.00) dollars per annum, payable in equal monthly installments,

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so that when so amended section 7 shall read as follows: Section 7. Said assistant solicitor general shall be paid out of county funds a salary of eight thousand ($8,000.00) dollars per annum, payable in equal monthly installments. Assistant solicitor-general. Section 2. Said Act is further amended by striking from section 9 the following three hundred, fifty ($350.00) and substituting in lieu thereof the following four hundred ($400.00) dollars, and by adding at the end thereof the following: Said clerk-typist shall be entitled to receive, at the discretion of the solicitor general, experience increases in salary of $100.00 per annum for each year of service completed in said office up to a maximum of 4 years, and following those 4 years, seven experience increases in salary of $50.00 per annum. The maximum increase in salary after 11 years of service shall not exceed the total sum of $750.00 per annum., so that when so amended section 9 shall read as follows: Clerk-typist. Section 9. Said clerk-typist shall be paid out of county funds a monthly salary in such amount as may be determined from time to time by said solicitor general not to exceed the sum of four hundred ($400.00) dollars per month. Said clerk-typist shall be entitled to receive, at the discretion of the solicitor general, experience increases in salary of $100.00 per annum for each year of service completed in said office up to a maximum of 4 years, and following those 4 years, seven experience increases in salary of $50.00 per annum. The maximum increase in salary after 11 years of service shall not exceed the total sum of $750.00 per annum. Section 3. Said Act is further amended by adding between sections 10 and 11 a new section to be known as Section 10A and to read as follows: Section 10A. If a change occurs in the work load, or other circumstances warrant it, the solicitor general may apply to the governing authority of Floyd County for the

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appropriation of additional sums in order to alleviate any undue hardship which might otherwise be possible in the solicitor general's office. The governing authority of Floyd County shall have the authority to grant such relief as they shall deem appropriate. Additional help. Section 4. 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 during the 1966 Session of the Georgia General Assembly, a bill will be proposed to amend the act placing the solicitor general of the Rome Judicial Circuit on a salary approved February 28, 1956, (Ga. L. 1956, p. 385), as amended, so as to provide the duties and change the compensation of the assistant solicitor and clerk-typist, and other matters pertinent thereto, to repeal conflicting laws, and for other purposes. J. Battle Hall, Senator, 52nd District Sidney Lowrey, Representative, District 13, Post 1 Jerry L. Minge, Representative, District 13, Post 2 Richard L. Starnes, Jr., Representative, District 13, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry Lee Minge who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of intention to introduce local legislation was published in the Rome News Tribune which is the official organ of Floyd

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County, on the following dates: January 19, 26 and February 2, 1966. /s/ Jerry Lee Minge Representative, 13th District Sworn to and subscribed before me, this 7th day of February, 1966. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 3, 1966. SUPERIOR COURT OF WAYNE COUNTYTERMS. No. 274 (House Bill No. 417). An Act to provide for additional terms of the Superior Court of Wayne County; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the present terms of the Superior Court of Wayne County which are held on the third and fourth Mondays in April and November, there shall be two additional terms to be held on the fourth Monday in January and the fourth Monday in June. There shall be no grand jury empanelled for the two additional terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966.

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BLUE RIDGE JUDICIAL CIRCUITCLERICAL ASSISTANCE FOR JUDGE. No. 281 (House Bill No. 631). An Act to amend an Act entitled: An Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit in the amount of two thousand ($2,000.00) dollars per annum; to apportion the cost of same among the several counties of said circuit; to authorize and direct the governing authorities of said counties to pay their pro rata share of said supplement as fixed herein; to authorize and direct the cognizant governing authorities of the several counties in said circuit to levy and collect sufficient taxes in their respective counties for the purpose of paying their respective pro rata share of said supplement; and for other purposes., approved February 8, 1950 (Ga. L. 1950, p. 102), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), so as to increase the amount of compensation paid to said judge by the counties incorporated in the Blue Ridge Judicial Circuit for the purpose of allowing said judge to hire clerical personnel; 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 supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit in the amount of two thousand ($2,000.00) dollars per annum; to apportion the cost of same among the several counties of said circuit; to authorize and direct the governing authorities of said counties to pay their pro rata share of said supplement as fixed herein; to authorize and direct the cognizant governing authorities of the several counties in said circuit to levy and collect sufficient taxes in their respective counties for the purpose of paying their respective pro rata share of said supplement; and for other purposes., approved February 8, 1950 (Ga. L. 1950, p. 102), as amended by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), is hereby amended by adding at the end of Section 1 of said Act a new paragraph to read as follows:

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In addition to the supplement to the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, the said judge shall also be authorized to and receive the additional sum of two thousand five hundred ($2,500.00) dollars per annum, the same to be used by the judge for the purpose of hiring clerical personnel. Each county shall contribute its pro rata share of the additional two thousand five hundred ($2,500.00) dollars provided for herein in the same manner and the same percentage as each such county contributes to supplement of the said judge's salary. 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 January, 1966 session of the General Assembly of Georgia, a bill to increase the compensation paid by each county to the judge of the Blue Ridge Judicial Circuit for the purpose of allowing said judge to hire clerical personnel; and for other purposes. Dr. Charles B. Watkins Representative, 9th District Thomas A. Roach Representative, 15th District A. G. Duncan Representative, 4th District James A. Otwell, Jr. Representative, 10th District Robert Ballew Senator, 50th District Erwin Owens Senator, 49th District Jack Fincher Senator, 51st District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Charles B. Watkins, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin County News, Times Courier, Pickens County Progress, North Georgia Tribune Forsyth County News, which is the official organs of Fannin, Pickens, Gilmer, Cherokee Forsyth Counties, on the following dates: January 13, 20 27, 1966. /s/ Charles B. Watkins Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1966. /s/ Barbara Spratling Notary Public, Georgia, State at Large. My Commission expires Jan. 2, 1970. (Seal). Approved March 2, 1966. STATE BOARD OF CORRECTIONSSALARY OF DIRECTOR. No. 283 (House Bill No. 566). An Act to amend an Act which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 160), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 689), so as to change the salary of the Director of Corrections; 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 which comprehensively and exhaustively revised, superseded and consolidated the laws relating to the State Board of Corrections and to prisons, public works camps, and prisoners, approved February 20, 1956 (Ga. L. 1956, p. 160), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 689), is hereby amended by striking from section 9 the words and figures fifteen thousand six hundred ($15,600.00) dollars, and inserting in lieu thereof the words and figures twenty thousand six hundred ($20,600.00) dollars, so that when so amended section 9 shall read as follows: Section 9. The State Board of Corrections shall elect a director of corrections who shall be the executive officer of the board, and shall hold office at the pleasure of the board. The director shall receive a subsistence allowance of $2,000 per annum, payable monthly, and shall be paid a salary of twenty thousand six hundred ($20,600.00) dollars annually, payable monthly. The director shall direct and supervise all the administrative activities of the State Board of Corrections, and shall attend all meetings of the State Board of Corrections. The director shall also make, publish and furnish to the General Assembly and the Governor annual reports regarding the work of the State Board of Corrections, and such special reports as he may consider helpful in the administration of the penal system, or as may be directed by the State Board of Corrections. The director shall perform such other duties and functions necessary, or desirable, to carry out the intent of this law, and which he may be directed to perform by the State Board of Corrections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966.

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BONDS OF CONTRACTORS REPAIRING ETC. PUBLIC BUILDINGS IN CERTAIN COUNTIES (150,000 - 175,000). Code 23-1704 Amended. No. 285 (House Bill No. 360). An Act to amend Code section 23-1704 of the 1933 Code of the State of Georgia, as amended, providing for contractors to give bond on contracts for building or repairing any public building, so as to provide that in counties having a population of 150,000 and not more than 175,000 according to the 1960 United States Census, or any future census, that one good and solvent security for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time, shall be sufficient; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 23-1704 of the 1933 Code of the State of Georgia, as amended, providing for contractors to give bond on contracts for building or repairing any public building, is hereby amended by adding to the end of said Code section 23-1704 of the Code of the State of Georgia of 1933, as amended, the following language: provided, however, in counties having a population of 150,000 and not more than 175,000 according to the 1960 United States Census, or any future such census, one good and solvent security will be sufficient for the faithful performance and indemnification set forth herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966.

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LAND CONVEYANCE IN HALL COUNTY. No. 118 (House Resolution No. 187-399). A Resolution. Authorizing the conveyance of certain land owned by the State Highway Department; and for other purposes. Whereas, the State Highway Department is the owner of certain land lying and being in land lot nos. 135 and 138 of the 10th land district of Hall County, Georgia, and being more particularly described as follows: Beginning at the point on the east right-of-way line of State Route 11, at which said right-of-way line intersects the south line of land lot 135, said point is further located by extending a line northerly along the center line of said State Route 11 a distance of 248 feet from the north end of the concrete abuttment of General James Longstreet Bridge and from said point in the center line of said road extending another line easterly and perpendicular to the center line of said road 75 feet to the east right-of-way line of said road; thence along said right-of-way line north 19 degrees 58 minutes 13 seconds west a distance of 675.24 feet to a right-of-way marker; thence running north 73 degrees 20 minutes 07 seconds east 55.10 feet to another right-of-way marker; thence running north 14 degrees 40 minutes 37 seconds west 80.70 feet to an iron pin on the southwest side of a newly graded 40 foot street; thence along the southwest side of said street south 84 degrees 32 minutes 32 seconds east 427.17 feet to an iron pin at the point at which the east line of land lot 135 intersects the southwest side of said road; thence continuing along the southwesterly side of said street south 72 degrees 26 minutes 24 seconds east 127.81 feet to an iron pin; thence continuing along the southwesterly side of said street south 62 degrees 04 minutes 00 seconds east 103.14 feet to an iron pin; thence running south 39 degrees 02 minutes and 06 seconds west 338.52 feet to an iron pin on the east line of land lot 135 which is 333 feet northerly as measured along

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said land lot line from the southeasterly corner of said land lot 135; thence running south 33 degrees 56 minutes 20 seconds west 406.61 feet to the easterly right-of-way line of State Route 11 at the point of beginning. Said property containing 5.6900 acres, more or less, as shown by plat of survey by Ralph E. Holland, surveyor, dated November 1, 1957, and being the same property described in a warranty deed from the board of commissioners of roads and revenues of Hall County, Georgia, to the State Highway Department of Georgia, dated January 21, 1958, recorded in deed book 181, page 568 of the Hall County records; and Whereas, said tract or parcel of land is no longer needed by the State Highway Department and is surplus to said department, but is needed by the Department of Public Safety for the erection of a new State Patrol barracks. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized, empowered and directed to convey to the State Department of Public Safety all of the interests of the said State Highway Department in the herein above described tract of land, and the State Department of Public Safety shall have the same rights and title to the hereinbefore described tract of land as the State Highway Department previously had. Approved March 3, 1966. EASEMENT TO SAVANNAH ELECTRIC AND POWER COMPANY. No. 119 (House Resolution No. 202-431). A Resolution. Authorizing the conveyance of an easement over, across and through certain real property owned by the State of Georgia in Chatham County, Georgia; and for other purposes.

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Whereas, the State of Georgia is the owner of certain property in Chatham County, Georgia, by virtue of a deed from the mayor and aldermen of the City of Savannah and the commissioners of Chatham County; and Whereas, the Georgia Department of Agriculture is presently utilizing said real property as a State Farmer's Market in Chatham County, Georgia; and Whereas, the Savannah Electric and Power Company desires an easement to construct and maintain an electric transmission and distribution system over and across a portion of said real property; and Whereas, the portion of said real property over which the Savannah Electric and Power Company desires the easement is now being utilized for certain purposes by the County of Chatham, State of Georgia, under and pursuant to the terms of a permit agreement, made and entered into on the 23rd day of October, 1964, between the Department of Agriculture of the State of Georgia and the County of Chatham, State of Georgia, and Whereas, the easement desired by the Savannah Electric and Power Company will be to the advantage and better utilization of the real property owned by the State of Georgia and used as the State Farmer's Market at Savannah, Georgia; and Whereas, the sum of $10.00 and the benefits accruing to the State of Georgia by the construction of said electric transmission and distribution system 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 authorized to convey by deed or other instrument of conveyance to the Savannah Electric and Power Company for the consideration hereinbefore stated an easement to construct and maintain an electric transmission and distribution system over and across a portion of the property in Chatham County,

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Georgia, utilized by the State of Georgia as a Farmer's Market, said easement being more particularly described as follows: The right to construct and maintain an electric and distribution system over and across all that tract or parcel of land lying and being in Chatham County, being part of the property now known and utilized as the State Farmer's Market at Savannah, Georgia, and being more fully described as follows: Beginning at a point on the southeasterly side of the right-of-way of U. S. Highway No. 80, which said point is located a distance of 269.89 feet south 52 44[prime] west of the intersection formed by the southwesterly side of the right-of-way of Alfred Street and the southeasterly side of the right-of-way of U. S. Highway No. 80; thence proceeding from said beginning point south 7 56[prime] east a distance of 185.62 feet to a point; thence proceeding south 9 17[prime] west a distance of 125.86 feet to a point; thence proceeding north 75 41[prime] west a distance of 17.76 feet to a point; thence proceeding north 7 56[prime] west a distance of 272.53 feet to a point on the southeasterly side of the right-of-way of U. S. Highway 80; thence proceeding along the southeasterly side of the right-of-way of U. S. Highway No. 80 north 52 44[prime] east a distance of 57.35 feet to the point of beginning. Also, the Savannah Electric and Power Company shall have the easement and right to place, locate, construct, maintain, and service a guide wire on property of the State of Georgia in Chatham County, Georgia, and located at the corner formed by the southwesterly side of Alfred Street and the northwesterly side of U. S. Highway No. 80. Said electric transmission and distribution system and said guide wire is to be placed and located on property of the State of Georgia as shown on the Savannah Electric and Power Company's drawing LEP-504-A. The easement and rights of the Savannah Electric and Power Company herein are expressly made subject to the

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rights of the County of Chatham, State of Georgia, to use any portion of the aforesaid described property as a drainage ditch pursuant to the terms of a permit agreement entered into on the 23rd day of October, 1964, between the Department of Agriculture of the State of Georgia and the County of Chatham, State of 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 the same shall revert to the State of Georgia. Approved March 3, 1966. PAYMENT OF TAXES IN CERTAIN COUNTIES (180,000-250,000). Code 92-6402 Amended. No. 291 (House Bill No. 194). An Act to amend Code section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes to the county in which returns are made, so as to provide that in counties having a population of 180,000 and not more than 250,000, according to the 1960 United States decennial census or any future such census, taxes shall become due in two equal installments, one-half the tax being due and payable on the 1st day of July in each year and becoming delinquent on the 15th day of August in each year, the remaining one-half of the taxes shall be due and payable on the 1st day of November in each year and become delinquent on the 15th day of December in each year; to provide that taxes 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, the placing into effect of said Act by resolution of the governing authority; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-6402 of the Code of Georgia of 1933, relating to the payment of taxes on property to the county in the county in which such property is returned, is hereby amended by adding to the end thereof the following language: In counties having a population of 180,000 and not more than 250,000, according to the 1960 United States decennial census and any future such census, the taxes shall become due in two equal installments, one-half of the taxes shall be due and payable on the 1st day of July of each year and shall become delinquent if not paid by the 15th day of August in each year, the remaining one-half of such taxes shall be due and payable on the 1st day of November of each year and shall become delinquent if not paid by the 15th day of December of each year; all taxes remaining unpaid on December 20 of each year shall bear interest at the rate of seven per cent (7%) per annum from said date and the tax collectors shall issue executions therefor against each delinquent taxpayer in their respective counties. Section 2. This Act shall be effective for the calendar year 1967, but shall only become operative in any county to which it is applicable upon the passage, by a majority of the members of the governing authority thereof, of a resolution electing to come within the terms of said Act. Said resolution to be adopted not later than May 1 of each calendar year in which said Act is to be operative. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. CRIMESPOSSESSION OF LOTTERY TICKETS, ETC. No. 297 (House Bill No. 53). An Act to provide that it shall be unlawful to possess any lottery ticket or similar device used in connection with a device or scheme to hazard money or other articles of

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value; to provide for 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 have in his possession any lottery ticket or other similar article or device which is employed in connection with keeping, maintaining, or carrying on any lottery scheme or device for hazarding money or any other article of value. Nothing contained in this Act shall be held to dispense with the element of criminal intent. Section 2. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. GEORGIA FERTILIZER ACT OF 1960 AMENDEDRENEWALS OF REGISTRATION. No. 299 (House Bill No. 326). An Act to amend an Act known as the Georgia Fertilizer Act of 1960, approved March 17, 1960 (Ga. L. 1960, p. 916), as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 125), an Act approved April 12, 1963 (Ga. L. 1963, p. 614), and an Act approved March 3, 1964 (Ga. L. 1964, p. 192), so as to provide for renewals of registration; 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 known as the Georgia Fertilizer Act of 1960, approved March 17, 1960 (Ga. L. 1960, p. 916),

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as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 125), an Act approved April 12, 1963 (Ga. L. 1963, p. 614), and an Act approved March 3, 1964 (Ga. L. 1964, p. 192), is hereby amended by striking from subsection (a) of section 4 the following: All registrations expire on June 30th of each year., and inserting in lieu thereof the following: All registrations shall expire on June 30th of each year, but an application for renewal of registration may be made in lieu of applying for a new registration if the identical information contained on the original application for registration is still applicable to the fertilizer registered. An application for renewal of registration shall be made on a form to be prescribed by the Commissioner and shall be accompanied by the same fee as that required for an application for original registration. so that when so amended subsection (A) of section 4 shall read as follows: (A) Each brand and grade of commercial fertilizer shall be registered before being offered for sale, sold or distributed in this state. The applications for registrations shall be submitted to the Commissioner on forms furnished by the Commissioner, and shall be accompanied by a fee of five dollars ($5.00) per brand and grade, except that those brands and grades sold in packages of less than twenty five pounds in weight which shall be registered at a fee of fifty dollars ($50.00) each. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. All registrations shall expire on June 30th of each year, (but an application for renewal of registration may be made in lieu of applying for a new registration if the identical information contained on the original application for registration is still applicable to the fertilizer registered. An application for renewal of registration shall be made on a form to be prescribed by the Commissioner and shall be accompanied by the same fee as that required for an application for original registration.) The application for registration shall include the following information:

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(1) Net weight of packages (2) The brand and grade (3) The guaranteed analysis (4) The sources from which all claimed primary plant nutrients are derived. (5) The sources from which all, if any are claimed, secondary plant nutrients or minor elements are derived. (6) The name and address of the registrant. Section 2. Said Act is further amended by striking paragraph (D) of section 5 in its entirety and inserting in lieu thereof a new paragraph (D) of section 5 to read as follows: (D) Each person desiring to register a fertilizer, commercial or specialty, or desiring to renew a registration, may be required to submit to the Commissioner a facsimile of the entire label proposed to be used on the fertilizer, as well as any and all printed material or advertising proposed to be used on the container or in connection with the sale or promotion thereof. The Commissioner is authorized to require the correction or omission, including the addition of facts thereon, as a condition of registration or renewal of registration. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. REVENUEMOTOR VEHICLE LICENSES. Code 92-2902 Amended. No. 300 (House Bill No. 192). An Act to amend an Act, relating to motor vehicle licenses, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as previously amended by Ga. L. 1939, p. 295,

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Ga. L. 1943, p. 1714, Ga. L. 1946, p. 77, Ga. L. 1939, p. 347, Ga. L. 1943, p. 341, Ga. L. 1953, Nov.-Dec. Sess., p. 371, Ga. L. 1955, Ex. Sess., p. 38, Ga. L. 1957, p. 376, Ga. L. 1955, p. 303, Ga. L. 1955, p. 447, Ga. L. 1960, p. 777, Ga. L. 1960, p. 998, Ga. L. 1962, p. 450, 451, and Ga. L. 1964, p. 80, all of which have been codified as Code Chapter 92-29, so as to provide for a new classification for trucks transporting forest products; for the annual registration fee for operating motor vehicles under such classification; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 92-2902 of the Code of Georgia be, and hereby is, amended by adding a new subsection at the end thereof to be designated as subsection 17 to read as follows: 17. Trucks Transporting Forest Products . Trucks transporting logs, pulpwood, or other forest products, shall be licensed in accordance with the following annual fees: (a) Straight trucks; and truck-tractors pulling a single pole trailer hauling logs from the woods to the sawmill $ 30.00 (b) Other truck tractors 175.00 Provided, however, that skidders, tractors, and loaders used only in the woods shall not be required to obtain a license tag. Section 2. That Section 92-2902 of the Code of Georgia be, and hereby is, amended by striking from subsection (3) the words forest products, and the words forest products or, and the words : and provided further that a truck tractor pulling a pole trailer hauling logs from the woods to the sawmill shall not be higher than (e) or $30.00; so that said subsection (3), as amended, shall read as follows: (3) Private Trucks . For each private truck, in accordance with the owner declared gross weight, as follows:

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(a) Less than 6,000 lbs. $ 5.00 (b) 6,001 to 10,000 lbs. 10.00 (c) 10,001 to 14,000 lbs. 15.00 (d) 14,001 to 18,000 lbs. 20.00 (e) 18,001 to 24,000 lbs. 30.00 (f) 24,001 to 30,000 lbs. 40.00 (g) 30,001 to 36,000 lbs. 60.00 (h) 36,001 to 44,000 lbs. 100.00 (i) 44,001 to 52,000 lbs. 175.00 (j) 52,001 to 63,280 lbs. 275.00 (k) 63,281 to maximum permitted 375.00 except that a straight truck and not a truck tractor shall not be classified higher than (g) or $60.: Provided, however that straight trucks hauling fertilizer, and agricultural products shall not be classified higher than (e) or $25.: and provided further that truck tractors hauling fertilizer shall not be classified higher than (i) or $175. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. STONE MOUNTAIN JUDICIAL CIRCUITASSISTANT SOLICITORS GENERAL. No. 301 (House Bill No. 603). An Act to amend an Act providing for the appointment of assistant solicitors general of the Stone Mountain Judicial Circuit, approved March 17, 1960 (Ga. L. 1960, p. 832), as amended, so as to provide for the appointment of assistants to the solicitor general of the Stone Mountain Judicial Circuit; to provide for the powers and duties

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of said assistants; to provide for the payment of salaries to the said assistants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the appointment of assistant solicitors general of the Stone Mountain Judicial Circuit, approved March 17, 1960 (Ga. L. 1960, p. 832), as amended, is hereby amended by striking section 2, section 3 and section 4 in their entirety and by substituting in lieu thereof the following: Section 2. The solicitor general of the Stone Mountain Judicial Circuit shall have the power to appoint three (3) assistant solicitors general at any time, and on or after January 1, 1967, said solicitor general shall have the power to appoint an additional assistant solicitor general so that after said date, said solicitor general shall have the authority to appoint a total of four (4) assistant solicitors general. Their powers and duties when acting for the solicitor general shall extend throughout the Stone Mountain Circuit and shall be the same as those of the solicitor general. They shall not serve beyond the term of their principal and shall be subject to removal by the said principal. Each said assistant solicitor general, when appointed, and before assuming office, shall take the same oath of office, in substance, as is prescribed for solicitors general in this State. Appointment, etc. Section 3. The salary of said assistants shall be at least ten thousand ($10,000.00) dollars per year each, said salary to be payable in at least monthly installments out of the treasury of DeKalb County as a part of the operating expenses of the DeKalb Superior Court, and said salary may be increased by the governing authority of said county as such authority may determine. The funds therefor to be provided in the same manner as the other operating expenses of said court. Salaries. Section 4. To be eligible for appointment any such assistant must be at least 21 years of age and shall be a member in good standing of the State Bar of Georgia at the time of his appointment. Qualifications.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1966, session of the General Assembly of the State of Georgia for the enactment of local legislation to amend the act providing for assistant solicitor-general of the Stone Mountain Judicial Circuit according to Georgia laws 1960; so as to provide for the appointment of two additional assistant solicitors-general of the Stone Mountain Judicial Circuit, to provide for the powers and duties of said assistants; to provide for the payment of salaries to the said assistants; and for other purposes. This the 17th day of January, 1966. Richard Bell Solicitor General Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence Vaughn, Jr., who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the following dates: January 20th, 1966, January 27th, 1966 and February 3rd, 1966. /s/ C. R. Vaughn, Jr. Representative, 117th District Sworn to and subscribed before me, this 7th day of February, 1966. /s/ Priscilla Sexton Notary Public, Georgia State at Large. My Commission expires Jan. 2, 1970. (Seal).

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1966, session of the General Assembly of the State of Georgia for the enactment of local legislation to amend the act providing for assistant solicitors-general of the Stone Mountain Judicial Circuit according to Georgia laws 1960; so as to provide for the appointment of two additional assistant solicitors-general of the Stone Mountain Judicial Circuit, to provide for the powers and duties of said assistants; to provide for the payment of salaries to the said assistants; and for other purposes. This the 17th day of January, 1966. Richard Bell Solicitor General Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, intent to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 20, January 27, and February 3, 1966. /s/ Britt Fayssoux Sworn to and subscribed before me, this 3rd day of February, 1956. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 5, 1967. (Seal).

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1966, session of the General Assembly of the State of Georgia for the enactment of local legislation to amend the act providing for assistant solicitors-general of the Stone Mountain Judicial Circuit according to Georgia laws 1960; so as to provide for the appointment of two additional assistant solicitors-general of the Stone Mountain Judicial Circuit, to provide for the powers and duties of said assistants; to provide for the payment of salaries to the said assistants; and for other purposes. This the 17th day of January, 1966. Richard Bell, Solicitor General Georgia, Newton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Leo Mallard, who, being duly sworn, deposes and states on oath that he is secretary of The Covington News, and is authorized to make this affidavit on its behalf. The Covington News is published in the City of Covington, being of general circulation and being the legal organ for the County of Newton, and further avers that legal notice, a true copy of which is hereto attached, intent to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being Jan. 20, 27, and Feb. 3, 1966. /s/ Leo Mallard Sworn to and subscribed before me, this 3rd day of February, 1966. /s/ Arthur Henderson, (Seal). Approved March 2, 1966.

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MOTOR VEHICLE CERTIFICATE OF TITLE ACT AMENDEDDESTRUCTION OF CERTAIN MANUFACTURERS' SERIAL PLATES. No. 304 (Senate Bill No. 138). An Act to amend an Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 264), so as to provide for the destruction of certain motor vehicle manufacturers' serial plates and the admissibility in evidence of records reflectting the destruction of such plates; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 68), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 264), is hereby amended by adding to section 20 the following subparagraph to be designated subparagraph (a) and to read as follows: (a) All motor vehicle manufacturers' serial plates delivered to the Commissioner pursuant to this section shall be kept by the Commissioner for the period of one (1) year after which time such plates may be destroyed by the Commissioner. Destruction of such plates should be done in such a manner to forever prevent their future use as manufacturers' serial plates. Records of the destruction of individual motor vehicle manufacturers' serial plates shall be kept by the Commissioner and such records shall be admissible in evidence to show the delivery of such plates to the Commissioner and of their destruction. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966.

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DEPARTMENT OF HEALTHTESTS FOR PHENYLKETONURIA, ETC. Code Chapter 88-12 Amended. No. 306 (House Bill No. 113) An Act to amend Code Chapter 88-12, providing for control of preventable diseases, so as to provide that the Department of Health shall promulgate appropriate rules and regulations governing tests for phenylketonuria so that as nearly as possible all newborn infants shall receive a test for phenylketonuria as soon after birth as successful treatment for such condition may be initiated; to adopt rules and regulations relative to other inborn errors of metabolism and any other conditions which may be indicated as a result of medical research and findings which if left to run their course would militate against the health of the citizens of this state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-12, providing for control of preventable diseases, is hereby amended by adding new subsections to be numbered 88-1201.1 and 88-1201.2, immediately following section 88-1201, to read as follows: 88-1201.1. Rules and Regulations for Tests for Phenylketonuria . The Department of Health shall promulgate appropriate rules and regulations governing tests for phenylketonuria so that as nearly as possible all newborn infants shall receive a test for phenylketonuria as soon after birth as successful treatment for such condition may be initiated. Provided, however, the provision of this section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. 88-1201.2 Rules and Regulations for Other Tests . The Department of Public Health is authorized and directed, by and through its board, to adopt rules and regulations relative

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to other inborn errors of metabolism and any other conditions which may be indicated as a result of medical research and findings which would, if left to run their course, militate against the health of the citizens of this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. EMPLOYMENT SECURITY LAW AMENDEDREAL ESTATE SALESMEN EXEMPTED. No. 307 (House Bill No. 39). An Act to amend an Act known as the Employment Security Law, formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, p. 806), as amended particularly by an Act approved March 21, 1941 (Ga. L. 1941, p. 532), so as to provide that service performed by a licensed real estate salesman for remuneration solely by way of commission shall not be deemed employment within the meaning 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 Employment Security Law, formerly known as the Unemployment Compensation Law, approved March 29, 1937 (Ga. L. 1937, p. 806), as amended particularly by an Act approved March 21, 1941 (Ga. L. 1941, p. 532), is hereby amended by inserting in section 19(h) (7) (M) after the word solicitor and before the punctuation mark the following words: or as a licensed real estate salesman, so that when so amended section 19 (h) (7) (M) shall read as follows:

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Section 19(h) (7) M). Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesman, if all such service performed by such individual for such employer is performed for the remuneration solely by way of commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 2, 1966. JUDGMENTS AS LIENS ON REAL ESTATEHOW PERFECTED. No. 311 (House Bill No. 122). An Act to amend an Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. L. 1958, p. 379), so as to provide that the provisions of this Act shall also apply to any writ of fieri facias issued pursuant to any such judgment, decree, or order; to provide definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that no judgment, decree, or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall affect the title to real property until said judgment, decree, or order is recorded, approved March 25, 1958 (Ga. L. 1958, p. 379), 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. No judgment, decree, or order or any writ of fieri facias issued pursuant to any such judgment, decree,

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or order of any superior court, county court, city court, justice court, municipal court, or any United States court shall, in any way, affect or become a lien upon the title to real property until said judgment, decree, order or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which such real property is located, and is entered in the indexes to the applicable records in the office of such clerk. Such entries and recordings must be requested and paid for by the plaintiff or defendant, or their attorney-at-law. 1958 Act amended. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. Definitions . The term `applicable records' shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets and attachment dockets. Section 3. Said Act is further amended by striking section 3 in its entirety and by renumbering sections 4, 5 and 6 as sections 3, 4 and 5, respectively. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966. COSTS OF CARE OF PERSONS IN STATE INSTITUTIONS. No. 312 (House Bill No. 321). An Act to amend an Act providing for the payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the State Board of Health or Georgia Department of Public Health, approved March 23, 1960 (Ga. L. 1960, p. 1138), so as to delete the definition of gross income; to define assessable income; to provide that in the event

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a patient is covered by an insurance contract providing for payment of hospitalization, such patient shall pay from such benefits without deductions, exemptions or credits the cost of care; to provide that no such payments of hospitalization insurance to the institution shall exceed the cost of care; to provide that in the event the insurance benefits so collected are less than the cost of care, then all persons liable for cost of care of such patient shall pay to the Department of Public Health the balance of said cost of care of such patient; to change the method for determining the ability of a patient, his estate or any person liable for the cost of care to pay for cost of care; to change the provisions relative to assessments for cost of care; to provide that the portion of cost of care relating to the cost of medical care may be billed separately; to provide for liens; to provide an additional use of funds collected for cost of care of patients pursuant to the provisions of said Act; to provide for limitations of actions on assessments, claims and demands for cost of care and cost of medical care; 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 payment of the cost of care of persons admitted or committed to State institutions which come under the management and control of the State Board of Health or Georgia Department of Public Health, approved March 23, 1960 (Ga. L. 1960, p. 1138), is hereby amended by striking subsection (e) of section 1 in its entirety and inserting in lieu thereof a new subsection (e), to read as follows: (e) `Assessable Income' shall mean that income measured by adding to gross income as defined in the Georgia Income Tax Laws now or hereafter in force and as such income tax laws are now or hereafter interpreted minus deductions, personal exemptions and credits as those terms are now or hereafter defined or interpreted with respect to such income tax laws; Assessable income defined.

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(1) Any amounts received through accident insurance or under workmen's compensation acts, as compensation for total or partial incapacity to work, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; (2) The net income from property acquired by gift, bequest, devise, or descent; (3) Interest upon the obligations of the United States Government, or of this State or of a political subdivision thereof; (4) Dividends received on stock of banks and trust companies, incorporated under the banking laws of this State or of the United States; (5) The patient's retirement income and Social Security benefits, veteran's benefits, or any other money received for support of the patient from any source whatsoever during his period of hospitalization provided the patient has no dependents. Section 2. Said Act is further amended by adding after subsection (e) of section 1 a new subsection to be known as subsection (f), to read as follows: (f) Notwithstanding any other provisions of this Act, in the event a patient is covered by an insurance contract providing for payment of hospitalization, such patient shall pay from such insurance benefits, without deductions, exemptions or credits, the cost of care; provided, however, that no such payments of hospitalization insurance to the institution shall exceed said cost of care. In the event, the insurance benefits so collected are less than the cost of care, then all persons liable for cost of care of such patient shall pay to the Department of Public Health the balance of said cost of care of such patient. Section 3. 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:

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Section 4. Every patient who has no dependent other than himself shall pay to the Georgia Department of Public Health during each calendar year that he is admitted or confined to a State institution his cost of care, or such part thereof that does not exceed his assessable income (not considering personal exemptions) for the preceding calendar year. In the event the Georgia Department of Public Health is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so collected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Public Health the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than ten (10%) of his assessable income. Cost of care. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Every patient who has a dependent other than himself shall pay to the Georgia Department of Public Health during each calendar year that he is admitted or confined to a State institution his cost of care or such part thereof that does not exceed ten (10%) per cent of his assessable income for the preceding calendar year. In the event the Georgia Department of Public Health is unable to collect any sum due by a patient under the terms of this paragraph, or in the event the sum so collected is less than the cost of care for such patient, then all other persons liable for cost of care for such patient shall pay to the Georgia Department of Public Health the balance of the cost of care of such patient, but none of such other persons liable for cost of care of said patient shall be liable for more than ten (10%) per cent of his assessable income. Same. Section 5. Said Act is further amended by adding between section 10 and section 11 a new section to be known as section 10A, to read as follows: Section 10A. The Department of Public Health in carrying out its duties hereunder is not engaged in the practice

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of medicine as defined in section 84-901 of the Code of Georgia of 1933. The portion of cost of care relating to the cost of medical care, such portion to be determined by the superintendent or director of said institution with the approval of the Department of Health, may be billed by or for the medical doctors of the staff of the particular institution directly to patients or to persons liable for cost of care either individually by the medical doctor performing the services or by or through any partnership, or voluntary association of such medical doctors or by the Department for such doctors provided that no such medical doctor or medical doctors shall personally benefit from the collection thereof and such medical doctor or medical doctors shall voluntarily make legal provision for the payment of such collections to the Department for the uses specified in section 12 of this Act so that no such medical doctor or medical doctors, being an officer, employee or agent, of the State of Georgia, or any agency thereof, shall thereby accept or receive money, or anything of value, in addition to his legally authorized compensation. The procedures described in subsection (a) of section 10 shall be available to assist the medical doctor or doctors or the partnership or voluntary association of such medical doctors, in the assessment and collection of the cost of medical care and, if the Department is requested so to do by such medical doctor or doctors or the partnership or voluntary association of such medical doctors, the Department may institute suit for the benefit of the Department to collect such cost of medical care. Billing, etc. for medical care. Section 6. Said Act is further amended by adding between section 11 and section 12 a new section to be known as section 11A, to read as follows: Section 11A. The provisions of an Act approved December 14, 1953 (Ga. L. 1953, Nov. Sess., p. 105) providing for the creation of liens in favor of persons operating hospitals in this State are hereby extended to provide, under the circumstances set forth in such Act, a lien in favor of the Department of Public Health for cost of care as provided for herein. 1953 Act extended. Section 7. Said Act is further amended by adding a new sentence at the end of section 12, to read as follows:

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If approved by the Budget Bureau, said funds shall also be used for the cost of care of patients in State institutions as defined in this Act., so that when so amended section 12 shall read as follows: Section 12. It being the intent of this Act that the patients or those responsible for the support of said patients shall pay some part of the cost of care all funds collected hereunder shall be made available for the support of the operation of the State institutions, however, such funds shall be budgeted in accordance with State law and approved by the Budget Bureau. If approved by the Budget Bureau and the Georgia Department of Public Health these funds may be used for the support of research and education including the training of psychiatrists, physicians and other mental health personnel. If approved by the Budget Bureau, said funds shall also be used for the cost of care of patients in State institutions as defined in this Act. Intent, use of funds. Section 8. Said Act is further amended by adding between section 13 and section 14 a new section to be known as section 13A, to read as follows: Section 13A. All actions upon any assessment, claim or demand made by or in favor of the State Board of Health or the Department of Public Health pursuant to the provisions of this Act shall be brought within four (4) years after the right of action shall have accrued; provided, however, that the period of limitation herein provided shall be arrested, suspended and tolled as provided by law for other periods of limitations. Statute of limitations. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966.

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STATE GAME AND FISH COMMISSIONEMPLOYEES' UNIFORMS. No. 314 (House Bill No. 530). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to provide for the purchase of uniforms for employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, game and fish and wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, and more particularly paragraph (a) of section 13 thereof, is hereby amended as follows: By striking the words the wildlife rangers as a uniform division, and substituting in lieu thereof the following words any full-time personnel, so that when so amended said paragraph shall read as follows: (a) The State Game and Fish Commission is hereby authorized to purchase, as other State purchases are made, all necessary uniforms to equip any full-time personnel, and to pay for said uniforms from any funds made available to the State Game and Fish Commission for the operation of the department. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966.

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GEORGIA MUNICIPAL ASSOCIATIONSOCIAL SECURITY COVERAGE FOR EMPLOYEES. No. 315 (House Bill No. 443). An Act to amend an Act providing the procedure for extending social security coverage to the employees of the State of Georgia and its political subdivisions, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, so as to provide that political subdivision shall include the Georgia Municipal Association for the purposes of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the procedure for extending social security coverage to the employees of the State of Georgia and its political subdivisions, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, is hereby amended by changing the period at the end of subsection (f) of section 2 to a comma and adding the words and the Georgia Municipal Association., so that when so amended said subsection shall read as follows: `(f) The term `political subdivision' within the terms of this Chapter, means counties and incorporated towns and cities and includes an instrumentality of (A) the State, (B) one or more political subdivisions of the State, or (C) the State and one or more of its political subdivisions; The Board of Regents of the University System of Georgia, and the Federal State Cooperative Inspection Service of the State of Georgia, and the Board of Trustees of Georgia Military College, and the Georgia Municipal Association. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1966.

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STATE GAME AND FISH COMMISSIONDEPUTY WILDLIFE RANGERS. No. 316 (House Bill No. 369). An Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, to game and fish and to wildlife, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to authorize the State Game and Fish Commission to appoint not more than five hundred deputy wildlife rangers of the State-at-large; to provide that no honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife; to authorize deputy wildlife rangers of the State-at-large to enforce the game and fish laws of this State and the rules and regulations of the Commission; to provide that deputy wildlife rangers of the State-at-large shall receive no compensation or reimbursement for expenses for their services; to authorize the Commission to promulgate rules and regulations as to oath of office, badge and identity of authority, and such other matters as may be necessary to carry out the provisions of this Act; to authorize the Commission to prescribe the uniform of deputy wildlife rangers of the State-at-large; to provide that the Commission shall furnish each deputy wildlife ranger of the State-at-large with a numbered badge; to provide for the keeping of permanent records by the Commission pertaining to the issuance of numbered badges; to provide for bonds; 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, is hereby amended by inserting between section 13 and section 14 a new section to be designated section 13A, to read as follows:

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Section 13A. Deputy Wildlife Rangers . The State Game and Fish Commission is hereby authorized to appoint not more than five hundred wildlife rangers of the State-at-large who shall have the power, authority and responsibility to enforce the game and fish laws of this State and the rules and regulations of the Commission. No honorary deputy wildlife rangers may be appointed without actual duties relating to the preservation of wildlife. Deputy wildlife rangers of the State-at-large shall receive no compensation or reimbursement for expenses for their services. The Commission shall promulgate rules and regulations as to oath of office, badge and identity of authority, and such other matters as may be necessary to carry out the provisions of this Act. The Commission shall prescribe the uniform which shall be worn by deputy wildlife rangers of the State-at-large and the Commission shall furnish each deputy wildlife ranger of the State-at-large with a numbered badge. The Commission shall maintain permanent records pertaining to the issuance of such numbered badges to deputy wildlife rangers of the State-at-large. The Commission is hereby authorized to appoint such number of deputy wildlife rangers of the State-at-large as may be necessary to carry out the duties assigned to them by the Commission or the director, all of whom shall serve at the pleasure of the Commission. Section 2. Said Act is further amended by inserting between section 13A and section 14 a new section to be designated section 13B to read as follows: 13B . Each deputy wildlife ranger shall personally secure a bond of not less than $5,000.00 from a surety company licensed to transact business in the State of Georgia conditioned upon the faithful performance of his duties, payable to the Director of the State Game and Fish Commission. Bonds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966.

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APPOINTMENT OF COUNTY BOARDS OF HEALTH IN CERTAIN COUNTIES (160,000-250,000). Code 88-202 Amended. No. 317 (House Bill No. 618). An Act to amend Code section 88-202, relating to the composition of the county boards of health, so as to provide for the manner of appointing certain members of county boards of health in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 88-202, relating to the composition of the county boards of health, is hereby amended by adding at the end thereof the following: Notwithstanding the above provisions, in all counties of this state having a population of not less than 160,000 and not more than 250,000, according to the United States decennial census of 1960 or any such future census, the appointed members of the board of health shall be appointed by the governing authorities of such counties and any vacancies which might occur on such boards of health shall be filled by the governing authorities of such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966. MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDEDSALARIES OF SCHOOL BUS DRIVERS. No. 318 (House Bill No. 209) An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the minimum salaries established by the State Board of Education

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of drivers of certain school buses; to provide that the change in said minimum salaries shall not become effective until funds necessary for such change are made available; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking from the first sentence of subsection (b) of section 18, after the words not less than and before the words per month, the figure $100, and inserting in lieu thereof the figure $125, so that when so amended subsection (b) of section 18 shall read as follows: (b) The State Board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses with a 24-passenger capacity and over, regardless of type of ownership, which shall be not less than $125 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles of less capacity than a 24-passenger bus. County or area school systems shall not pay to any bus driver in its employment operating a 24-passenger bus or over a salary less than that prescribed by the uniform minimum salary schedule, but shall have the authority to supplement the salary of a bus driver employed by the county or area school system. The expense of purchasing, maintaining and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of pupil transportation under subparagraph (a) of this section. This section shall not apply to student or teacher drivers. Section 2. The provisions of this Act shall not become effective until funds necessary to carry out provisions of this Act are made available through appropriations by the General Assembly. Effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966. STATE DEPARTMENT OF VETERANS SERVICEGIFTS, GRANTS, ETC. FROM FEDERAL GOVERNMENT, ETC. No. 319 (House Bill No. 651). An Act to amend an Act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director approved March 8, 1945 (Ga. L. 1945, p. 319), so as to provide that the State Department of Veterans Service and the Veterans Service Board shall be authorized to apply for, accept gifts, grants and other contributions from the Federal Government or from any other governmental unit; to provide that said Department and said Board shall be authorized to use the funds received from the Federal Government or any other governmental unit for the purposes authorized and directed by the Federal Government or such other governmental units in making such funds available; to provide that said Department and said Board shall be authorized to accept and use gifts, grants, donations or contributions of real estate, both vacant and improved, facilities, moneys, services or other property from individuals, firms, corporations, organizations and associations and from county and municipal corporations and their subdivisions, in addition to any funds appropriated by the State; to provide that said Department and said Board shall be authorized to construct and operate hospitals, nursing homes, nursing care homes and personal care homes for the use and care of war veterans discharged other than under dishonorable conditions and to pay the cost of construction of such hospitals, nursing homes, nursing care homes and personal care homes; to provide the definition of the cost of construction; to provide funds for the construction of hospitals, nursing homes, nursing

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care homes, and personal care homes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director, approved March 8, 1945 (Ga. L. 1945, p. 319), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. The State Department of Veterans Service and the Veterans Service Board thereof shall be authorized: (a) To apply for and to accept gifts, grants and other contributions from the Federal Government or from any other governmental unit; (b) To use the funds received from the Federal Government or from any other governmental unit for the purposes authorized and directed by the Federal Government or such other governmental unit in making such funds available; (c) To accept and use gifts, grants, donations, and contributions of real estate, both vacant and improved, facilities, moneys, services or other property from individuals, firms, corporations, organizations and associations and from county and municipal corporations and their subdivisions, in addition to any funds appropriated by the State; (d) To construct and operate hospitals, nursing homes, nursing care homes and personal care homes for the use and care of war veterans discharged other than under dishonorable conditions and to pay the cost of construction of such hospitals, nursing homes, nursing care homes and personal care homes; and (e) The term `cost of the construction' as used in subsection (d) hereof, shall embrace the cost of construction, the cost of all lands, properties, rights and easements acquired, the cost of all machinery and equipment, cost of

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engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the construction of any hospitals, nursing homes, nursing care homes and personal care homes, administrative expense, and such other expenses as may be necessary or incident to the construction of any hospitals, nursing homes, nursing care homes and personal care homes, the construction of any hospitals, nursing homes, nursing care homes and personal care homes, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. (f) Notwithstanding any other provisions of law to the contrary, for the fiscal year 1965-66 and for the fiscal year 1966-67, any funds appropriated to the State Department of Veterans Service or the Veterans Service Board or appropriated for the Governor's Emergency Fund may be used for the cost of construction of any such hospital, nursing home, nursing care home or personal care home and the Veterans Service Board shall be authorized to use funds appropriated to it for such purpose and the Governor is hereby authorized to allocate funds from the Governor's Emergency Fund to the State Department of Veterans Service and the Veterans Service Board for such purpose. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1966. URBAN REDEVELOPMENT LAW AMENDEDAPPLICABLE TO CERTAIN COUNTIES (150,000-175,000). No. 322 (House Bill No. 361). An Act to amend an Act approved March 3, 1955 (Ga. L. 1955, p. 354, et seq.), known as the Urban Redevelopment Law, as amended, so as to provide that in counties having

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a population of 150,000 and not more than 175,000 according to the 1960 United States Census, or any future census, the term municipality used in said Act shall also mean County and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities under said Act are hereby granted to every such county; to provide that in any such county the term local governing body shall mean the board of commissioners of roads and revenues or the governing authority of any such county; 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 approved March 3, 1955 (Ga. L. 1955, p. 354, et. seq.), known as the Urban Redevelopment Law, as amended, is hereby amended by striking the period at the end of subsection (b) of section 19 of said Act and adding the following language: and; also, any county having a population of 150,000 and not more than 175,000 according to the 1960 United States Census or any future such census., so that said subsection, when so amended, shall read as follows: (b) `Municipality' shall mean any incorporated city or town in the State and any county having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census; and, also, any county having a population of 150,000 and not more than 175,000 according to the United States Census of 1960, or any future such census. Section 2. Said Act is further amended by striking the period at the end of subsection (d) of section 19 and adding to said subsection the following language: and, also, the board of commissioners of roads and revenues or governing authority of any counties having a population

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of 150,000 and not more than 175,000 according to the 1960 United States Census or any future such census., so that said subsection, when so amended, shall read as follows: (d) `Local governing body' shall mean the council or other legislative body charged with governing the municipality and the board of commissioners of roads and revenues or governing authority of any 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, and, also, the board of commissioners of roads and revenues or governing authority of any counties having a population of 150,000 and not more than 175,000 according to the 1960 United States Census or any future such census. Section 3. Said Act is further amended by adding thereto a new paragraph to be appropriately numbered and to read as follows: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, and, upon every county of this State having a population of 150,000 and not more than 175,000 according to the 1960 United States Census of any future such census. Section 4. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part thereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966.

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DIVORCE AND ALIMONYAMOUNT AND DURATION. Code 30-209 Amended. No. 326 (House Bill No. 133). An Act to amend code section 30-209 (Act, 1806, Cobb 224, 225; Acts, 1866, pp. 146, 147) relating to the grant of permanent alimony to the wife in divorce cases so as to provide that it shall cease upon the remarriage of the wife unless otherwise provided in the decree of divorce; that the separate estate and earning capacity of the wife and the fixed liabilities of the husband for support of minor children shall be considered in determining the amount, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 30-209 of the Code of Georgia which provides: The jury rendering the final verdict in a divorce suit may provide permanent alimony for the wife, either from the corpus of the estate or otherwise, according to the condition of the husband. be and the same is hereby amended by adding thereto the following: In all cases where alimony is awarded to the wife, her separate estate and earning capacity, as well as any fixed liabilities of the husband for the support of minor children, shall be taken into consideration in fixing the amount. All obligations for permanent alimony to the wife, whether created by contract, verdict, judgment, or decree, the time for performance of which has not yet arrived, shall cease upon her remarriage unless otherwise provided in the decree. so that said code section as amended shall read: The jury rendering the final verdict in a divorce suit may provide permanent alimony for the wife, either from the corpus of the estate or otherwise, according to the condition

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of the husband. In all cases where alimony is awarded to the wife, her separate estate and earning capacity, as well as any fixed liabilities of the husband for the support of minor children, shall be taken into consideration in fixing the amount. All obligations for permanent alimony to the wife, whether created by contract, verdict, judgment, or decree, the time for performance of which has not yet arrived, shall cease upon her remarriage unless otherwise provided in the decree. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. DEPARTMENT OF LABORAPPROPRIATION OF FUNDS. No. 334 (House Bill No. 500). An Act to provide a supplemental appropriation, pursuant to the provisions of sections 9 and 13 of the Employment Security Law, of additional funds which are otherwise available to the Department of Labor of Georgia out of funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing suitable offices for use by the Employment Security Agency in the Department of Labor and for the procurement of lands and buildings therefor; for the payment of expenses incurred for the improvement, repairs and alterations to lands and buildings used in the administration of the Employment Security Law; for the payment of expenses incurred in the administration of the Employment Security Law; to authorize the Commissioner of Labor of Georgia to direct the expenditure of said funds; and to do all other things necessary to effectuate the purchase of lands and construction

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thereon of buildings and the procurement of lands and buildings for such purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. There is hereby appropriated to the Department of Labor out of the funds credited to and held in this State's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, an additional amount of $214,153.93. The Commissioner of Labor is authorized to requisition, and to use, such money as authorized in sections 9 and 13 of the Employment Security Law, as amended. That of said additional amount, the sum of $200,000.00 is authorized to be allocated for expenditure by the Commissioner of Labor for the acquisition of lands in this State and for the construction thereon of office buildings suitable for use for local offices of the Employment Security Agency in the Department of Labor, and all necessary expenses incidental thereto, or, in the alternative, for the purchase of lands and buildings in this State suitable for such offices for the use of said Agency, and all necessary expenses incidental thereto, in such cities as the Commissioner finds to be economical and desirable; that of said additional amount, the sum of $8,153.93 is authorized to be allocated for expenditure by the Commissioner of Labor for the payment of the cost of repairs to and the alterations and improvement of lands and buildings acquired by the State and which is being used or is to be used in connection with the administration of the Employment Security Law; the remaining sum of $6,000.00 is authorized to be allocated for expenditure by the Commissioner of Labor for repairs and maintenance of equipment used in connection with the administration of the Employment Security Law; the cost of each of the above items which is not financed or is not fully financed by grants from the Federal Government, or any agency thereof. Provided, that the amount appropriated herein does not exceed the amount in the Unemployment Trust Fund which

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may be used for such purposes as provided in Section 9 of the Employment Security Law; as amended, and provided, that the amount which may be obligated shall not exceed the limitations provided in Section 9 (c) (C) of the Employment Security Law as amended. Provided further, that, said additional funds shall not be obligated for expenditures by the Commissioner of Labor as herein provided, after the close of the two-year period which begins on the date of enactment of this Act. Section 2. Be it further enacted, that the Commissioner of Labor is authorized to allocate any unexpended amounts herein appropriated, for expenditure in payment of the costs of lands and buildings, the repairs and alterations to lands and buildings or equipment used or for other expense incurred in connection with the administration of the Employment Security Law, as herein provided. Section 3. Be it further enacted that the Commissioner of Labor shall have complete authority to carry out the purposes of this Act, and all provisions of Section 9 and 13 of the Employment Security Law, as amended, shall be applicable to this Act. Section 4. Be it further enacted, that the Commissioner of Labor is expressly authorized and empowered to engage the services of all necessary appraisers, architects, engineers and contractors, and to enter into and execute all contracts necessary to effectuate the declared purposes of this Act, including the acquisition of the necessary real estate for said offices, which real property shall be acquired in the name of the State of Georgia but shall be used for purposes of the Employment Security Agency in the Department of Labor of this State. The acquisition of any property shall be in accordance with other state laws now in force and effect, and the expenditure of any funds appropriated herein must have the approval of the Budget Bureau. Section 5. Be it further enacted, that all laws or parts of laws inconsistent with the provisions of this Act be and the same are hereby repealed to the extent of such inconsistency.

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Section 6. Be it further enacted, that this Act shall become effective on the day immediately following the date of enactment, the public welfare requiring it. Approved March 4, 1966. SECRETARIES AND CALENDAR CLERKS TO JUDGES OF SUPERIOR COURTS IN CERTAIN COUNTIES (135,000 - 140,000). No. 340 (House Bill No. 739). An Act to provide for the appointment of and the salary for an executive secretary and calendar clerk to the judge or judges presiding in civil matters, as distinguished from domestic relations and criminal matters, of the superior courts in counties having a population of not less than 135,000 nor more than 140,000 inhabitants; to require the payment of such salaries from the treasury of such counties as a part of court expenses in all such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective for the year 1966 and all subsequent years, in counties having a population according to the 1960 U. S. Census or any subsequent U. S. Census of not less than 135,000 inhabitants nor more than 140,000 inhabitants, the judges of such superior courts are authorized to appoint an executive secretary and calendar clerk to the judge or judges presiding in the civil matters, as distinguished from domestic relations and criminal matters, of the superior courts of such counties. Appointment, salary. The annual salary of such appointee is hereby fixed at $5,292.00 per year payable in equal monthly payments. Section 2. Be it further enacted by the authority aforesaid that such salary shall be paid from the treasury of

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such counties as a part of the court expenses of such counties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. DEPARTMENT OF LAWCOMPENSATION OF ATTORNEY GENERAL. No. 352 (House Bill No. 677). An Act to amend an Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 131); so as to provide for the reimbursement of the Attorney General for expense incurred in the performance of his duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reorganizing the State Department of Law, approved February 18, 1943 (Ga. L. 1943, p. 284), as amended, is hereby amended by striking from section 2(a) the words travel expenses and expenses of purchasing a personal automobile and inserting in lieu thereof the following words: Expenses incurred in the performance of his duties, except his actual transportation cost while traveling by public carrier and the legal mileage rate for the itemized official use of a personal automobile, together with the actual cost of meals and lodging while away from his office on official State business. So that said section 2(a), when amended, shall read as follows:

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Section 2(a): The Attorney General shall be compensated in the amount of twelve thousand and no one hundredths dollars ($12,000.00) per annum, with an additional amount of eight hundred and no one hundredths dollars ($800.00) per annum for each four (4) years of service, figured at the beginning of each such period of service, with a State Department financed by appropriations payable through the State Treasury up to twenty (20) years, and an annual contingent expense allowance in the amount of two thousand four hundred and no one hundredths dollars ($2,400.00) per annum in lieu of any and all expenses incurred in the performance of his duties, except his actual transportation cost while traveling by public carrier and the legal mileage rate for the itemized official use of a personal automobile, together with the actual cost of meals and lodging while away from his office on official State business. He shall also be compensated in the amount of two hundred forty and no one hundredths dollars ($240.00) per annum for each ex officio office created by law and held by him. In the event he is performing duties provided for under any other title under a statute wherein a specific amount of compensation or allowance is provided therefor, he shall receive such amount but shall not receive the amount of two hundred forty and no one hundredths dollars ($240.00) per annum therefor as provided hereinbefore for holding an ex officio office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDMARKINGS ON VEHICLES USED TO ENFORCE TRAFFIC LAWS. No. 356 (House Bill No. 126). An Act to amend an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended,

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so as to require certain motor vehicles employed by the Department of Public Safety for the purposes of traffic enforcement to be marked and equipped with certain uniform fixtures; to prescribe the manner in which any such vehicles shall be painted, marked and equipped; to provide for certain exceptions; to provide that it shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark and equip any vehicle in the same manner prescribed by the Director for vehicles used in enforcing traffic laws by the department; 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, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, is hereby amended by adding to section 107A the following paragraph: Provided, however, any motor vehicle, except as hereinafter provided, used by any employee of the Department of Public Safety for the purpose of enforcing the traffic laws of this state after April 1, 1967, shall be distinctly painted, marked and equipped in such manner as shall be prescribed by the Director pursuant to the provisions of this section. The Director in prescribing the manner in which such vehicles shall be painted, marked or equipped shall: (a) require that all such motor vehicles be painted in a two-toned uniform color. The hood, top and the top area not to exceed twelve inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color. (b) require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front of such vehicle.

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(c) require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording `State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the Director to allow not more than one motor vehicle per State Patrol Post to be employed in traffic law enforcement if such vehicles are marked in the manner as provided by the first paragraph of this section. It shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark and equip any motor vehicle in the same manner prescribed by the Director of Public Safety of Georgia as provided for herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. UNIFORM COMMERCIAL CODE AMENDED. Code Title 109A Amended. No. 357 (House Bill No. 322). An Act to amend Code Title 109A known as the Uniform Commercial Code, approved February 27, 1962 (Ga. L. 1962, p. 156), as amended by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), and by an Act approved February 13, 1964 (Ga. L. 1964, p. 70), so as to provide definitions for the words clearing corporation and custodian bank; to provide for establishing means for accomplishing appropriate delivery, transfer and pledge of investment securities within a Central Depository System; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code Title 109A known as the Uniform Commercial Code, approved February 27, 1962 (Ga. L. 1962, p. 156), as amended by an Act approved March 22, 1963 (Ga. L. 1963, p. 188), and by an Act approved February 13, 1964 (Ga. L. 1964, p. 70), is hereby amended by renumbering subsections (3) and (4) of Code section 109A-8102 as subsections (5) and (6), respectively, and by adding two new subsections to be known as subsections (3) and (4) to read as follows: (3) A `clearing corporation' is a corporation all of the capital stock of which is held by or for a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934. Code 109A-8102 amended. (4) A `custodian bank' is any bank or trust company which is supervised and examined by state or federal authority having supervision over banks and which is acting as custodian for a clearing corporation. Section 2. Said Code Title is further amended by adding after paragraph (d) of subsection (1) of section 109A-8313 a new paragraph to be known as paragraph (e) to read as follows: (e) appropriate entries on the books of a clearing corporation are made under section 109A-8320. Code 109A-8313 amended. Section 3. Said Code Title is further amended by striking subsection (2) of section 109A-8313 in its entirety and inserting in lieu thereof a new subsection (2) to read as follows: (2) The purchaser is the owner of a security held for him by his broker, but is not the holder except as specified in subparagraphs (b), (c) and (e) of subsection (1). Where a security is part of a fungible bulk the purchaser is the owner of a proportionate property interest in the fungible bulk. Same.

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Section 4. Said Code Title is further amended by adding after Code section 109A-8-319 a new code section to be known as Code section 109A-8320 to read as follows: 109A-8320. Transfer or Pledge Within a Central Depository System . (1) If a security (a) is in the custody of a clearing corporation or of a custodian bank or a nominee of either subject to the instructions of the clearing corporation; and (b) is in bearer form or endorsed in blank by an appropriate person or registered in the name of the clearing corporation or custodian bank or a nominee of either; and (c) is shown on the account of a transferor or pledgor on the books of the clearing corporation; then, in addition to other methods, a transfer or pledge of the security or any interest therein may be effected by the making of appropriate entries on the books of the clearing corporation reducing the account of the transferor or pledgor and increasing the account of the transferee or pledgee by the amount of the obligation or the number of shares or rights transferred or pledged. (2) Under this section entries may be with respect to like securities or interests therein as a part of a fungible bulk and may refer merely to a quantity of a particular security without reference to the name of the registered owner, certificate or bond number or the like and, in appropriate cases, may be on a net basis taking into account other transfers or pledges of the same security. (3) A transfer or pledge under this section has the effect of a delivery of a security in bearer form or duly endorsed in blank (Section 109A-8301) representing the amount of the obligation or the number of shares or rights transferred or pledged. If a pledge or the creation of a security interest is intended, the making of entries has the effect of a taking of delivery by the pledgee or a secured party (Sections 109A-9304 and 109A-9305). A transferee or pledgee under this section is a holder.

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(4) A transfer of pledge under this section does not constitute a registration of transfer under Part 4 of this Article. (5) That entries made on the books of the clearing corporation as provided in subsection (1) are not appropriate does not affect the validity or effect of the entries nor the liabilities or obligations of the clearing corporation to any person adversely affected thereby. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. STRUCTURAL PEST CONTROL ACT AMENDED. No. 359 (House Bill No. 324). An Act to amend an Act known as the Structural Pest Control Act, approved March 7, 1955 (Ga. L. 1955, p. 564), as amended by an Act approved March 7, 1957 (Ga. L. 1957, p. 299), an Act approved March 16, 1960 (Ga. L. 1960, p. 813), and an Act approved April 5, 1961 (Ga. L. 1961, p. 460), so as to provide for the election of a Vice-Chairman from the membership of the Commission; to provide for oral and written examinations for the certification of operators; to provide a waiting period between examinations before a re-application for examination is made; to provide a period of time for late renewal of operator-certification and to require re-examination for failure to renew certification within time specified; to change the per diem allowance to members of the Commission; to clarify provisions relating to the exemption of employees doing work on property of employer; to provide that the Commission shall not be required to examine anyone for certification as an operator who has been convicted of a crime involving moral turpitude; to change the qualifications of applicants for examination for certification as operators; to provide for the conviction

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of a crime involving moral turpitude as an additional ground for revoking, suspending, or canceling any license, certification, or registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Structural Pest Control Act approved March 7, 1955 (Ga. L. 1955, p. 564), as amended by an Act approved March 7, 1957 (Ga. L. 1957, p. 299), an Act approved March 16, 1960 (Ga. L. 1960, p. 813), and an Act approved April 5, 1961 (Ga. L. 1961, p. 460), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The Commission shall elect from its membership a Chairman and a Vice-Chairman who shall be elected annually by the members of the Commission by a majority vote. Three members of the Commission shall constitute a quorum, but no action shall be taken without three votes in accord. The Commission shall determine the place and frequency of their meetings. Chairman and vice-chairman. Section 2. Said Act is further amended by striking subsection (b) of section 6 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Provide for an oral and written examination for applicants. The frequency of such examination shall be at the discretion of the Commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The examination shall cover those phases of structural pest control and/or the control of wood destroying organisms and/or fumigations for which application is made. The Commission shall give one examination for one fee covering structural pest control if the applicant seems to qualify and one certification shall issue. The Commission shall collect as an examination fee the sum of ten dollars ($10.00) for each applicant who makes application to take the examination to become a certified structural pest control, wood-destroying-organism operator

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or fumigator. An examination may be taken for the payment of one fee and in case the applicant shall not be certified, he or she shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee which shall be the same as the original fee. In case certification is again denied, applicant must wait a full year before re-application is made. Thereafter, one full year must elapse before subsequent application may be made. Examinations. Section 3. Said Act is further amended by striking section 6, subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) Issue certificates certifying the qualification of operators to those persons qualifying under the provisions of this Act. The certification fee shall be twenty-five dollars ($25.00) per annum and such certification shall expire on June 30 of each year and shall be renewable each year unless revoked or canceled for cause. The Commission is authorized to require for applications for the renewal of such certification received within ninety (90) days after June 30 of each year a late renewal fee of an additional twenty-five dollars ($25.00). After this period, application must be made for re-examination. The Commission is authorized to require for the renewal of an expired, revoked or suspended certification, the correct answers to not less than seventy per cent (70%) of the questions of an oral and written examination. The commission is authorized to require of any person whose certification has been revoked the correct answers to not less than seventy per cent (70%) of the questions of an oral and written examination before such person may be certified under the provisions of this Act. Certification etc. Section 4. Said Act is further amended by striking from section 7 the figure $10.00 and substituting in lieu thereof the figure $20.00, so that when so amended section 7 shall read as follows: Section 7. Each member of the Commission shall receive $20.00 per diem while actually attending to work of the

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Commission and shall be reimbursed for his actual travel and other necessary expenses incurred in the performance of his duties. Per diem. Section 5. Said Act is further amended by striking section 9, subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) This Act shall not apply to any person doing work on his own property or to any regular employee of any person, firm or corporation doing work on the property of such person, firm or corporation under the direct supervision of the person who owns or has charge of the property on which the work is being done, provided, however, that nothing herein shall authorize any person to endanger the public health or safety through the use of any chemical or substance. Exemption. Section 6. Said Act is further amended by striking section 10, subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Operators .All applicants for examination for certification as an operator must have a knowledge of the practical and scientific facts underlying the practice of structural pest control, control of wood destroying organisms and fumigation and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. The Commission may refuse to examine anyone convicted of a crime involving moral turpitude. Section 7. Said Act is further amended by striking section 10, subsection (b) paragraph (1) in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) Two years actual experience relating to service, one year of which must have been within the last five years, as an employee, employer, or owner-operator in the field of structural pest control, control of wood-destroying organisms or fumigation, for which license is applied. Experience.

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Section 8. Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. The Commissioner is authorized and directed to enforce the provisions of this Act and rules and regulations promulgated thereunder and is authorized to utilize any employee of the Department of Agriculture. The Commissioner shall make periodical and unannounced inspections of any materials used or work performed by persons engaged in the business of Structural Pest Control, wood-destroying organism control, or fumigation in this State. The Commissioner shall be authorized, after notice and hearing, to revoke, suspend, or cancel any license, certification or registration issued hereunder for a violation of this Act or the rules and regulations promulgated hereunder, or for conviction of a crime involving moral turpitude. It is the intent and purpose of this Act to provide for the enforcement of this Act by the Commissioner of Agriculture and to provide for the licensing, certification, and registration of those persons engaged in the business of Structural Pest Control by the Structural Pest Control Commission. It is the further intent of this Act to provide that the Structural Pest Control Commission shall advise the Commissioner of Agriculture with respect to the enforcement of this Act. In connection therewith, the Commissioner, his designated agent, or a designated Hearing Officer, is authorized to exercise the authority granted the Commission to hold hearings, subpoena witnesses, and compel the production of documents and papers as provided herein. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDEDLIGHTS ON LAW ENFORCEMENT VEHICLES IN CERTAIN COUNTIES. (150,000-175,000). No. 367 (House Bill No. 362). An Act to amend an Act regulating traffic on the streets and highways of this State, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, so as to provide that in certain counties, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light; 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 regulating traffic on the streets and highways of this State, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess. p. 556), as amended, is hereby amended by adding at the end of subparagraph 3(c) of section 26 the following: In counties having a population of 150,000 and not more than 175,000 according to the 1960 United State Census, or any future such census, law enforcement vehicles may be equipped with a lighted lamp displaying a flashing blue light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, and no other vehicles, emergency or otherwise, will be permitted to use flashing blue lights in such counties on vehicles, public or otherwise. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966.

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ACT CREATING AGRICULTURAL COMMODITIES AUTHORITY REPEALED. No. 377 (House Bill No. 479). An Act to repeal an Act creating an Agricultural Commodities Authority, approved February 21, 1951 (Ga. L. 1951, p. 717), as amended, by an Act approved March 21, 1958 (Ga. L. 1958, p. 237), and by an Act approved March 10, 1959 (Ga. L. 1959, p. 187); 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 an Agricultural Commodities Authority, approved February 21, 1951 (Ga. L. 1951, p. 717), as amended, by an Act approved March 21, 1958 (Ga. L. 1958, p. 237), and by an Act approved March 10, 1959 (Ga. L. 1959, p. 187) is hereby repealed in its entirety. Section 2. This Act shall become effective on April 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. JUDGES OF SUPERIOR COURT EMERITUSSERVICE IN CERTAIN COUNTIES (500,000 OR MORE). No. 386 (House Bill No. 290). An Act to amend an Act 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 the superior court of the judicial circuit of the judge making said request,

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approved March 5, 1962 (Ga. L. 1962, p. 547), so as to provide that any judge of the superior court of the State of Georgia of any county in this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census, may request any judge emeritus of the superior court of this State to serve and preside in the superior court of any county in the judicial circuit of the judge making said request; to provide that all judges emeritus of the superior courts shall be authorized and empowered to serve and preside in the superior courts of any such county when requested in writing by a superior court judge of any such county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 the superior court of the judicial circuit of the judge making said request, approved March 5, 1962 (Ga. L. 1962, p. 547), is hereby amended by adding a new section to be known as section 1A to read as follows: Section 1A. Be it further enacted by the General Assembly of Georgia that any other provisions of this Act to the contrary notwithstanding, any judge of the superior court of any county in this State having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census may request in writing any judge emeritus of the superior court of this State to serve and preside in the superior court of any such county of the judge making the request. The judge of the superior court thus requesting the services of a judge emeritus of the superior court shall specify therein the time, place and duration of such services and shall file a copy of said request or order in the office of the clerk of the superior court of the county in which such services are to be performed. Any judges emeritus of the superior court may serve in the superior courts when thus requested in accordance

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with said request, provided such judge emeritus deems that his services may be of assistance in the operation of said court. All judges emeritus of the superior courts are hereby authorized and empowered to serve and preside in the superior court of any such county when requested in writing by a superior court judge of any such county as herein provided, and while a judge emeritus of a superior court is thus serving and presiding in a superior court as herein provided, such judge emeritus shall discharge all of the duties and exercise all of the powers and authority of a judge of the superior court of such county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. WITNESS FEES OF LAW ENFORCEMENT OFFICERS IN CERTAIN COUNTIES (135,000-140,000). Code 38-1501 Amended. No. 387 (House Bill No. 541). An Act to amend Code section 38-1501 of the Code of Georgia, relating to the attendance of witnesses and the fees thereof, as amended, so as to provide for the payment of fees to any sheriff, deputy sheriff, or member of any municipal or county police force attending any court having a jurisdiction to enforce penal laws of this State, or attending any grand jury or juvenile court in certain counties and in certain cases; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 38-1501 of the Code of Georgia, relating to the attendance of witnesses and the fees thereof, as amended, is hereby amended by adding at the end of section 1 and before section 1(A) the following language:

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Provided, however, that any sheriff, deputy sheriff or a member of any municipal or county police force, who shall be required by writ of subpoena to attend any superior court, other state or county court having jurisdiction to enforce penal laws of this State, juvenile court, or grand jury in counties having a population of not less than 135,000 or more than 140,000 according to the United States census of 1960 or any future census, as a witness in behalf of the State during any hours except the regular duty hours to which said officer is assigned, shall be paid the sum of $5.00 per day for such attendance. The claim for such witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned, and the claimant shall verify this statement. The dates of attendance shall be certified by the judge, the solicitor general or the solicitor of the court attended, and the sheriff or chief of police shall certify that the claimant has been paid no additional compensation or given any time off on account of such service, and the amount due shall be paid out of county funds: Provided, however, that no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which such officer may have received, requiring him to appear in such court or before the grand jury on any one day. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. GEORGIA FOOD ACT AMENDEDMISBRANDING. No. 388 (House Bill No. 325). An Act to amend an Act entitled An Act to be known as the `Georgia Food Act'; to regulate the manufacture, sale, delivery and the holding or offering for sale of food; to prohibit the manufacture, sale, delivery or holding or

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offering for sale of any adulterated or misbranded food; to prohibit the adulteration or misbranding of food in a manufacturing process; to prohibit false advertising; to provide for the identification of adulterated or misbranded foods; to provide for the destruction of adulterated or misbranded foods; to provide rules and regulations; to provide for enforcement; to provide for standards and specifications; to define adulterated or misbranded foods; to provide for temporary permits to manufacturers, processors or packers of food under specified conditions; to provide for the revocation of such permits; to provide inspectors; to provide for reports; to define terms; to provide an effective date; to amend Code Chapter 42-1 relating to foods and drugs; to repeal Code Chapter 42-3 relating to flour, corn meal and grain; to amend Code Chapter 42-99 relating to crimes; to repeal conflicting laws; and for other purposes, so as to provide that a food shall not be deemed misbranded because of failure to include on the label of packaged food the name and place of business of the manufacturer, packer, or distributor, where such omission is authorized in writing by the Commissioner of Agriculture; to empower the Commissioner to authorize such omission after a showing of undue hardship and after the filing of a certificate of territorial responsibility; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled the Georgia Food Act approved February 23, 1956 (Ga. L. 1956, p. 195), is hereby amended by adding to subsection (e) of section 11 of said Act at the end of subsection (e) the following language: provided further, that a food shall not be deemed misbranded because of omission of the information required by clause (1) of this paragraph where such omission is authorized in writing by the Commissioner. The Commissioner may authorize the omission from the label of packaged food of the name and place of business of the manufacturer, packer, or distributor upon a showing of undue hardship because of the size of the package, the material of which the package is made, or the disproportionate cost of compliance.

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Before authorizing such omission, the Commissioner shall require the filing of a certificate of territorial responsibility in a form prescribed by him. Failure to maintain on file with the Commissioner a correct current statement of territorial responsibility in accordance with the Commissioner's requirements shall terminate any such authorization previously granted., so that as amended subsection (e) of section 11 of said Act shall read as follows: Section 11 (e). If in package form, unless it bears a label containing (1) the name and place of busines of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Commissioner; provided further, that a food shall not be deemed misbranded because of omission of the information required by clause (1) of this paragraph where such omission is authorized in writing by the Commissioner. The Commissioner may authorize the omission from the label of packaged food of the name and place of business of the manufacturer, packer, or distributor upon a showing of undue hardship because of the size of the package, the material of which the package is made, or the disproportionate cost of compliance. Before authorizing such omission, the Commissioner shall require the filing of a certificate of territorial responsibility in a form prescribed by him. Failure to maintain on file with the Commissioner a correct current statement of territorial responsibility in accordance with the Commissioner's requirements shall terminate any such authorization previously granted. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966.

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UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AMENDED. No. 392 (House Bill No. 197). An Act to amend the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556, et seq.), so as to re-define certain words and phrases; to provide that official traffic control devices are presumed to have been installed by lawful authority; to provide for lane control signal devices; to provide for pedestrian signals; to re-define duties of driver approaching Yield sign; to repeal conflciting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Article I, section 19, paragraph (b) of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556, et seq.) is hereby repealed in its entirety, and in lieu thereof is substituted a new paragraph (b) as follows: (b) Traffic-Control Signal . Any device whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. Section 2. Article I, section 21, paragraph (b) of said Uniform Act Regulating Traffic on Highways is hereby repealed in its entirety, and in lieu thereof is substituted a new paragraph (b) as follows: (b) Yield Right of Way . When required means that the vehicle confronted with a `Yield' sign gives the right of way to all other vehicles approaching the intersection in the other travel lanes, but when no other vehicle is approaching may continue on into the intersection. Section 3. Article III, section 35, of said Uniform Act Regulating Traffic on Highways is hereby amended by adding a new paragraph to be numbered (b) as follows:

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(b) Lane Direction Control Signals . When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. Section 4. Article III, section 36, of said Uniform Act Regulating Traffic on Highways, is hereby repealed in its entirety and a new section 36 is substituted in lieu thereof as follows: Section 36. Pedestrian Walk and Don't Walk Signals . Whenever special pedestrian control signals exhibiting the words `Walk' and `Don't Walk' have been installed such signals shall indicate as follows: (a) Walk . Pedestrian facing such signal may proceed across the roadway in the direction of the signal and shall be granted the right of way by the drivers of all vehicles. (b) Don't Walk . Pedestrian shall not start to cross the roadway in the direction of such signal. A pedestrian who has partially completed his crossing on the `Walk' signal shall proceed to the sidewalk or safety island while the `Don't Walk' signal is showing. Section 5. Article IV, section 72, paragraph (c) of said Uniform Act Regulating Traffic on Highways is hereby repealed in its entirety and a new paragraph (c) is substituted in lieu thereof as follows: (c) When the intersection is designated by the Board, or by the local authorities having jurisdiction as a `yield' intersection, the driver of a vehicle approaching a `Yield' sign shall, in obedience to such sign, slow down to a speed reasonable under existing conditions and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving within and across the intersection. Provided, however that a driver approaching a `Yield' sign and driving past same without stopping and becoming involved in a collision with

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a vehicle moving within and across such intersection shall be deemed prima facie to have failed to yield the right of way. Drivers approaching yield signs. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1966. ELECTIONSASSISTANCE TO ELECTORS. Code 34-1317 Amended. No. 399 (House Bill No. 300). An Act to amend Code section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election, so as to change the number of electors a person shall assist in any primary or election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1317, relating to assistance to electors when voting and the number of electors a person shall assist in any primary or election is hereby amended by striking the last sentence of subsection (b) which reads as follows: No person shall assist more than ten such electors in any primary or election., in its entirety and inserting in lieu thereof a new sentence to read as follows: No person shall assist more than one such elector in any primary or election., so that when so amended, subsection (b) of Code section 34-1317 shall read as follows:

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(b) Any elector who is entitled to receive assistance in voting under the provisions of this section shall be permitted by the managers to select (i) any elector, except a poll officer, who is a resident of the election district in which the elector requiring assistance is attempting to vote; or (ii) the mother, father, sister, brother, spouse or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him to assist him in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than one such elector in any primary or election. However this provision shall not apply to the blind. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. JURY CLERK TO SENIOR SUPERIOR COURT JUDGES IN CERTAIN COUNTIES (135,000-140,000). No. 404 (Senate Bill No. 157). An Act to provide that in all counties of this state having a population of not less than 135,000 and not more than 140,000 according to the United States decennial census for 1960, or any such future census, the senior judge of the superior court of said counties shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judge; to provide for other necessary personnel; to provide that such personnel shall have such duties as may be prescribed by the court to dispatch the work of the court; to provide for their salaries and other expenses; 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. In all counties of this state having a population of not less than 135,000 and not more than 140,000,

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according to the United States decennial census for 1960, or any such future census, the senior judge of the superior court of such counties shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to these positions and the compensation therefor shall be determined by said judge without regard to any other system or rules, said personnel to serve at the pleasure of said judge, and the salaries and expenses thereof, and any attendant expense of administration of the courts are hereby determined to be contingent expense of court, and shall be paid as provided by law for the payment of contingent expenses. The duties of said personnel shall be as prescribed by said judge. Section 2. All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by said senior judge of such counties concerning their qualifications as jurors. Section 3. In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. Section 4. This Act shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966.

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IDENTIFICATION OF MOTOR VEHICLES AND PARTS. No. 406 (Senate Bill No. 28). An Act to protect property of the citizens of this State and to facilitate the identification of motor vehicles, parts, accessories and assemblies thereof, by prohibiting the sale in the State of Georgia of new motor vehicles and certain components not bearing identification numbers; to provide that no new motor vehicle sold in the State of Georgia shall bear the same identification number as any other motor vehicle made by the same manufacturer; to provide that an identification number shall appear upon certain portions, parts and assemblies of any new motor vehicle or as separate components to be sold or sold in the State of Georgia; to provide definitions; to require sellers of certain motor vehicle components that bear identification numbers to keep certain records; to provide that these records shall be available for inspection at any reasonable time by law enforcement officers; to provide penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Required Identification Numbers.A . New motor vehicles and components manufactured within this State.After the effective date of this Act, all motor vehicles, motor vehicle engines, transmissions, differentials and frames manufactured within this State for sale within this State shall be required to have placed upon them a manufacturer's identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle manufactured by the same manufacturer. The vehicle part serial number shall not be the same number as the serial number for any other like part manufactured by the same manufacturer, but may be the same as the vehicle identification number if the parts are installed as original equipment on the motor vehicle.

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B. New motor vehicles sold within this State .After the effective date of this Act no new motor vehicle shall be sold in this State unless such vehicle shall bear a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle made by the same manufacturer. C. New components sold within this State .After the effective date of this Act, no new motor vehicle engines, transmission, differential or frame shall be sold in this State unless the same shall bear an identification number which shall not be the same as the identification number for any other like motor vehicle component made by the same manufacturer, except that such numbers may be the same number as the vehicle identification number if the particular components have been installed as original equipment in the motor vehicle prior to its sale to the general public. D. Attachment to doorpost .The vehicle identification number required in sub-sections A and B shall also be affixed to the left front doorpost of the body of said motor vehicle in such a manner as to render it easily accessible for inspection. Section 2. Identification Numbers; Method of Installation.A. Permanent manner .The identification numbers required by section 1., shall be placed upon the motor vehicle and components required to be numbered in a permanent manner so that any attempt to remove, alter, deface, obliterate or destroy them will be readily ascertainable. B. Method of installation .The permanent manner required by this Act may be by stamping or any other suitable manufacturing process that will result in such number becoming a permanent part of the motor vehicle or component. They shall be of a height and width easily readable by the naked eye and shall be located in such a position that they may be ascertained without dismantling the motor vehicle or component. They may consist of letters, numbers, digits or any combination of them.

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C. Certain alternate methods .The vehicle identification number required to be installed on the left front door-post under sub-section 1-D may be substituted by the manufacturer's vehicle identification number plate if the same shall correspond to the requirements of identification numbers as set out by this Act, and such plate may be produced, manufactured and attached in accordance with the specifications approved by the Society of Automotive Engineers as to material, lettering, manufacturing and installation. D. Installation .The identification numbers required by section 1 shall be placed upon the motor vehicle and required component parts by the manufacturer thereof. Section 3. Definitions.A. Motor vehicles .Every vehicle which is self-propelled, except trackless trolleys, by which persons or property is, are or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires, shall be considered a motor vehicle. B. New motor vehicles .Any motor vehicle which has never been the subject of a sale at retail to the general public shall be considered a new motor vehicle. C. Used motor vehicles .Any motor vehicle which has been the subject of a sale at retail to the general public shall be considered a used motor vehicle. D. Part .Each of the following motor vehicle parts or components shall be considered a part for the purpose of requiring a serial number: engines, transmissions, differentials and frames. E. Person .Any natural or artificial person, firm, corporation, partnership or other association or business relation. Section 4. Records to be kept .Any person, firm or corporation who purchases or sells or offers for sale any used motor vehicle, engine, transmission, differential or frame required to be numbered by this Act, or any motor

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vehicle, engine, transmission, differential or frame presently bearing an identification number voluntarily placed thereon by the manufacturer, shall keep a permanent record of such transactions. Such record shall include from whom the item was purchased and his address and to whom the item was sold and his address, as well as the item and its identification number or numbers. Such records shall be required to be kept for a period of three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. Section 5. Penalties.A. Sale or possession for sale of non-numbered motor vehicles or parts .Any person, firm or corporation who sells, offers for sale, ships or causes to be shipped into Georgia, or manufactures a motor vehicle, engine, transmission, differential or frame, the same being intended to be sold at retail within the State of Georgia that does not bear an identification number of numbers as hereinbefore set out, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as for a disdemeanor. B. Failure to keep records .Any person, firm or corporation who purchases, sells or offers for sale any motor vehicle, engine, transmission, differential or frame that is required by this Act to bear an identification number or which presently bears an identification number placed upon it voluntarily by the manufacturer, even though not designated as a 1968 model by the manufacturer, where the same is intended to be sold at wholesale or retail within the State of Georgia, and who willfully fails to keep the records required by Section 4 of this Act, shall be deemed guilty of a misdemeanor for each such failure and upon conviction shall be punished as for a misdemeanor. Section 6. Application .The provisions of this Act requiring identification numbers on certain motor vehicles and parts shall only apply to those motor vehicles or parts manufactured after January 1, 1967, and where the same is designated by the manufacturer as a 1968 model or for installation on a 1968 model, unless the motor vehicle or

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part shall presently bear an identification number; nor shall the provisions of this Act apply to motorcycles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semi-trailers, pole trailers or streetcars as defined in an Act regulating traffic upon the highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 566), or go-carts or any vehicle whether self-propelled or otherwise which is not required to be issued a license plate under the laws of this State. Section 7 . This Act shall become effective January 1, 1967. Effective date. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. INSPECTION OF HONEYBEE COLONIES. No. 407 (Senate Bill No. 93). An Act to provide for inspection of colonies of honeybees by the State Department of Agriculture; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each colony of honeybees maintained by any person, firm, or corporation in this State shall be inspected at least once each eighteen months by an authorized bee inspector of the State Department of Agriculture. Such inspections shall be made for the primary purpose of combatting the spread of bee diseases in this State. It shall be the duty of each person, firm, or corporation owning or supervising any such bee colony to notify the Commissioner of Agriculture of the location thereof. It shall also be the duty of any such person, firm, or corporation to render assistance relative to the inspection of such colony. Such

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notification shall be given to the Commissioner on or before June 1, 1966, for all such colonies in existence prior to that date and within thirty days after the establishment of any such colony on or after said date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1966. REPEAL OF RESOLUTIONS REGARDING LAND IN CHEROKEE COUNTY. No. 132 (House Resolution No. 203-431). A Resolution. Repealing two resolutions regarding land in Cherokee County; and for other purposes. Be it resolved by the General Assembly of Georgia that Resolution Act Number 34 (House Resolution Number 148-422) Georgia Laws 1963, pp. 318-319, approved April 2, 1963, and Resolution Act Number 5 (House Resolution Number 48-87), Georgia Laws 1965, p. 118, approved March 4, 1965, which resolutions incorrectly state that the land referred to therein was conveyed by the County of Cherokee to the State of Georgia and that such land is owned by the State of Georgia, are hereby repealed. Approved March 4, 1966. LAND CONVEYANCE IN THOMAS COUNTY. No. 143 (House Resolution No. 156-330). A Resolution. Authorizing the conveyance of a certain tract of Stateowned property in Thomas County to Wade E. Freeman; and for other purposes.

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Whereas, Wade E. Freeman conveyed to the State Highway Department of Georgia a certain tract of land for right of way on State Route 38 connector in Thomas County; and Whereas, said connector road has been eliminated and is no longer a part of the State-aid road system of Georgia due to relocation and construction of new highways in that area; and Whereas, said right of way is of no further use to the State Highway Department, and is surplus, and Whereas, said tract of right of way is more fully described as follows: Beginning at a point 65 feet left (North) of and opposite survey center line station 508 + 12 on Project F 007-2 (8), running thence N 1 44[prime] W along a line 40 feet west of and parallel to the center line of State Route 38 connector to the south existing right of way line of State Route 38; thence, southeasterly along the south existing right of way line of State Route 38 to a line 40 feet east of and parallel to the center line of State Route 38 connector; thence S 1 44[prime] E along a line 40 feet east of and parallel to the center line of State Route 38 connector to a point 65 left (North) of and opposite survey center line Station 509 + 07 on Project F 007-2 (8); thence N 60 35[prime] W along a line 65 feet left (North) of and parallel to the center line of Project F 007-2 (8) approximately 95 feet to the point of beginning. Said tract of land lies in land lot no. 281 of the 13th land district of Thomas County, Georgia, and contains 0.725 acre, more or less. Said tract being shown on State Highway Department of Georgia Right of Way Maps, Project F 007-2 (8) Thomas County, dated March 17, 1961, copy of which is attached hereto as Exhibit A.

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Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and in behalf of the State of Georgia be and he is hereby authorized and directed to convey to Wade E. Freeman the hereinabove described tract of land. The consideration for said conveyance shall be the sum of two hundred thirty-six and 66/100 ($236.66) dollars. Approved March 7, 1966. GEORGIA STATE BOARD OF COSMETOLOGY ACT AMENDED. No. 408 (Senate Bill No. 46). An Act to amend an Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), so as to include within the definition of the terms cosmetologist and beautician those persons who perform certain services on the hair of deceased persons and wigs; to increase the membership of the board; to prescribe additional qualifications for board members; to provide for staggered terms for board members; to provide for the election of the chairman of the board; to increase the compensation of the board members; to authorize the board to hold such number of examinations as they shall desire; to prescribe minimum educational requirements for applicants for licenses; to increase the examination fees; to eliminate the fee required of an applicant for a certificate of registration; to establish minimum requirements for beauty schools, colleges and schools of cosmetology; to prescribe additional qualifications for instructors; to clarify that the provisions of said Act apply to beauty shops located in private residences; to provide 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. An Act regulating the occupation of cosmetology and creating the Georgia State Board of Cosmetology, approved March 11, 1963 (Ga. L. 1963, p. 45), is hereby amended by striking therefrom the following as it appears in section 1: of any living person and who does permanent waving of the human hair for compensation, and substituting in lieu thereof the following: , or who does permanent waving of the hair for compensation, so that when so amended section 1 shall read as follows: Section 1. For the purpose of this Act the word `cosmetologist' shall be synonymous with the word beautician', and shall be any person who cuts or dresses the hair, gives facial or scalp massages, facial or scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance, who singes and shampoos the hair, or who dyes the hair, or who does permanent waving of the hair for compensation shall be considered as practicing the occupation of a cosmetologist within the meaning of this Act. Definition. Section 2. Said Act is further amended by striking in its entirety section 4 and inserting in lieu thereof a new section 4 to read as follows: Section 4. There is hereby created the Georgia State Board of Cosmetology to consist of at least five members, who shall have been citizens of the United States of America and a resident of this state for at least five years immediately prior to their appointment for the purpose of carrying out and enforcing the provisions of this Act. Said board shall be appointed by the Governor and approved by the Secretary of State and confirmed by the Senate within thirty days after the effective date of this Act. Members of the board shall be at least twenty-five (25) years of age, be a high school graduate, must have had at least five years of practical experience in a majority of the practices of

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cosmetology, a portion of which must have been as a salon owner or manager. The board shall meet not more than ninety (90) days per annum for the purpose of holding examinations, adopting rules and regulations and other matters pertaining to duties of said board. Board, members, etc. No member of the board shall be members of nor affiliated with any school of cosmetology or be connected in any manner with any manufacturer, wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. Two members shall be appointed for terms of one year; two members shall be appointed for terms of two years, and one member shall be appointed for a term of three years, and thereafter the terms of the members of said board shall be for three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. Said board may do all the things necessary for carrying into effect the provisions of this Act, and may, from time to time, promulgate necessary rules and regulations compatible with the provisions of this Act. The Governor may remove any board member for cause. Each year the members shall 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. The members of the board shall be considered public officers and shall take the oath required thereof. Section 3. Said Act is further amended by striking from section 6 the following: twenty ($20.00), and substituting in lieu thereof: twenty-five ($25.00), so that when so amended section 6 shall read as follows: Section 6. Each member of said board shall receive a compensation of twenty-five ($25.00) dollars per day for

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actual services, and in addition thereto, actual expenses while in attendance upon meetings of the board, and actual traveling expenses, which compensation shall be paid out of monies collected under the provisions of this Act, after an allowance thereof by the board upon an itemized and verified claim therefor, approved by the chairman of the board, and by the Joint Secretary, State Examining Board, by the member claiming same. In no event shall any part of the expenses of the board or any member thereof be paid out of any other funds. Compensation of board. Section 4. Said Act is further amended by striking from section 9 the following: four (4) examinations, to be held quarterly, and substituting in lieu thereof the word examinations, so that when so amended section 9 shall read as follows: Section 9. The board shall hold each year throughout the state at such times and places as it shall designate beforehand examinations to examine applicants for certificates of registration under this Act. Notice of any such examinations shall be given by publication in one or more newspapers of general circulation at least ten (10) days before the holding of such examinations. All expenses so incurred shall be paid out of monies arising under the terms of this Act. Examinations. Section 5. Said Act is further amended by striking in its entirety section 10 and substituting in lieu thereof a new section 10 to read as follows: Section 10. Any person desiring to obtain a certificate of registration under the terms of this Act shall make application through the Joint Secretary, State Examining Boards, to the Georgia State Board of Cosmetology therefor, shall present proof that he or she had completed 9th grade of school instruction or its substantial equivalent, shall satisfy said board that he or she is free from infectious and contagious diseases 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, is free

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from contagious and infectious diseases and had completed a fifteen hundred (1500) credit hour study course at an accredited school or had served as an apprentice in a beauty shop or beauty salon for a period of at least three thousand (3000) credit hours, and had practiced or studied the occupation of a cosmetologist and is possessed of the requisite skill in said occupation to properly perform all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in section 1 of this Act, and in all the duties and services incident thereto, and shall pay to said secretary an examination fee of thirty-five ($35.00) dollars, and shall present himself or herself at the next meeting of said board held for examination of applicants, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of a cosmetologist. Should an applicant under this Section fail to pass such an examination, the said board shall furnish him or her a statement in writing, stating wherein said applicant was deficient. Nothing in this Act 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-five ($35.00) dollars. All persons making application for examination under this Act shall, if free from infectious and contagious diseases, be allowed to practice the occupation of cosmetology until the next meeting of the board held for the examination of applicants and the board shall issue a permit authorizing him or her to so practice said occupation until the said meeting. Should an applicant have a license or certificate of registration in force as a practicing cosmetologist from another state, which has substantially the same requirements for licensing and registering cosmetologists as required by this state under this Act and that has reciprocal relations, pertaining with said occupation with this state, and has furnished satisfactory proof that he or she is free from infectious and contagious diseases, and has paid to the Joint Secretary, State Examining Board, a fee of thirty-five ($35.00) dollars, said applicant shall be issued a certificate of registration, entitling hm or her to practice the occupation of a cosmetologist, subject to the terms and provisions of this Act. Qualifications.

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Section 6. Said Act is further amended by inserting between the words cosmetology and shall as they appear in the first sentence of section 12 the following: upon opening shall cause to be registered with the board twenty (20) bona fide students who have not held a student license any time during the twelve (12) months next preceding the date of their paid registration in such beauty school or college of cosmetology, by inserting between the words school and and as they appear in the third from the last sentence of said section the following: be a high school graduate and have had two years experience as an active practicing cosmetologist and supplemented by not less than three months teacher's training in cosmetology in a registered school of cosmetology, or one year as a junior instructor in a registered beauty school, and by striking from the last sentence of said Section the following: ; and all, and substituting in lieu thereof the folowing: : A person failing to renew his or her teachers license for two (2) consecutive years shall be required to qualify under this Act for an examination for teachers license. All, so that when so amended section 12 shall read as follows: Section 12. All beauty schools, colleges or schools of cosmetology upon opening shall cause to be registered with the board twenty (20) bona fide students who have not held a student license any time during the twelve (12) months next preceding the date of their paid registration in such beauty school or college of cosmetology upon opening shall have not less than one instructor for every twenty (20) students or a fraction thereof, and all beauty schools shall keep permanently displayed a sign `Beauty School', `Beauty College' or `School of Cosmetology' as the case may be: Provided, that all cosmetologists, beauty schools,

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beauty colleges or school of cosmetology, who shall take an apprentice or student, shall file immediately with the Georgia State Board of Cosmetology through the Joint Secretary, State Examining Board, 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 cosmetologist continuously for a period of not less than three (3) years desiring to operate or conduct a beauty school, college or school of cosmetology, upon opening 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 beauty school, college or school of cosmetology; and the said board shall have the right to revoke the certificate, permit, or license of any such beauty school, college or school of cosmetology, instructor or teacher therein for the violation of any of the provisions of this Act. The Board shall have the same power and authority as to rules, regulations and inspection as to sanitary conditions over beauty schools, college or school of cosmetology as it has over beauty shops and beauty salons. All such signs above referred to shall also display the words `Service by Students Only'. Where service is rendered by students, no commissions or premiums shall be paid to such student for work done in said schools or colleges, nor shall any person be employed by such schools or colleges 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 beauty school, college or school of cosmetology upon opening shall first file his or her application with the Joint Secretary, State Examining Board, to the Georgia State Board of Cosmetology, for examination and shall pay to the Joint Secretary of the Examining Board, together with his or her application, the sum of thirty-five ($35.00) dollars 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, be a high school graduate

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and have had two years experience as an active practicing cosmetologist and supplemented by not less than three months teacher's training in cosmetology in a registered school of cosmetology, or one year as a junior instructor in a registered beauty school and pass an examination satisfactory to said board: Provided, further, that any teacher or instructor shall renew his or her license each year by remitting with 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 cosmetologist on or before the 31st day of December of each year, his or her license to teach or instruct shall be automatically revoked: A person failing to renew his or her teacher's license for two (2) consecutive years shall be required to qualify under this Act for an examination for teacher's license. All beauty schools, colleges and schools of cosmetology 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 Cosmetology. Schools. Section 7. Said Act is further amended by adding at the end of section 20 immediately before the period thereof the following: ; provided it meets and complies with all of the provisions of this Act and the rules and regulations promulgated by the Georgia State Board of Cosmetology, so that when so amended section 20 shall read as follows: Section 20. Nothing contained herein nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person or persons from operating a beauty shop within their homes or residences; provided it meets and complies with all of the provisions of this Act and the rules and regulations promulgated by the Georgia State Board of Cosmetology. Home shops. Section 8. The provisions of this Act shall become effective May 1, 1966.

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Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. AUDITS OF FUNDS TO COUNTIES FOR CONSTRUCTION, ETC. OF PUBLIC ROADS. Code 92-1404 Amended. No. 409 (House Bill No. 77). An Act to amend Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, as amended, so as to provide for the submission of an annual audit from each county to the State Auditor; to provide for comparison by the State Auditor the amount of funds distributed against the amount of funds expended for the purposes authorized by said section; to provide for the withholding of funds under certain conditions; to provide for an audit of county books and records by the State Auditor upon request of the Governor or the Director of the State Highway Department; to provide the procedure connected with the foregoing; to provide that the above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds; to provide for the transmission of a copy of this Act to certain persons; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1404, relating to the distribution of funds to counties for the construction and maintenance of public roads, as amended, is hereby amended by renumbering subsections (G) and (H) as subsections (H) and (I), respectively, and by inserting following subsection (F) a new subsection (G) to read as follows:

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(G). The governing authority of each county shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the year for which such audit was made. The State Auditor shall compare the amount of funds distributed to each county in such year under the provisions of this Section against the amount of funds expended by each county in such year for the purposes authorized by this Section. In the event the State Auditor determines that the amount so expended is less than the amount distributed, he shall certify such amount to the State Treasurer who shall deduct and withhold the certified amount from the next funds to be distributed to such offending county under this Section; provided, however, that in the event a county expending less than the amount distributed to it shall certify at the time of the submission of its audit that it is accumulating such funds for a specified allowable purpose and submit proof of the deposit or investment of such funds, then such county will be deemed to have complied with the requirements of this Subsection (G) except that the amount of such funds shall be added to the amount of funds distributed to such county in the next succeeding year or years for the purpose of making the comparison and determination provided for herein. Upon certification by the State Auditor to the State Treasurer that the audit required by this Subsection from any county has not been received, the State Treasurer shall not distribute any further funds under this Section to such offending county until the State Auditor shall again certify to the State Treasurer that the delinquent audit has been filed. It shall be the duty of the State Auditor to make such certification when no audit is received or when a delinquent audit is received. In the event any county is not now having a regular annual audit made of its funds, the State Treasurer shall not distribute any further funds under this Section to such county until an audit has been made and submitted to the State Auditor. Upon the request of the Governor or the Director of the State Highway Department, the State Auditor is authorized to audit the books and records of each county to verify the accuracy of the report so filed with him and to insure that the expenditure of such funds has been made for the purposes intended.

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The above procedure shall apply to any grants to counties under any provision of law from motor fuel tax funds. Section 2. The Secretary of State is hereby directed to mail a copy of this Act to the chairman and the clerk of the governing authority of each county in this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. STATE OFFICE BUILDING AUTHORITY ACT AMENDEDPROJECT DEFINED. No. 410 (House Bill No. 199). An Act to amend an Act known as the State Office Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, particularly by an Act approved April 7, 1961 (Ga. L. 1961, p. 587), and by an Act approved March 6, 1962 (Ga. L. 1962, p. 660), so as to change the definition of the word project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State Office Building Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 699), as amended, particularly by an Act approved April 7, 1961 (Ga. L. 1961, p. 587), and by an Act approved March 6, 1962 (Ga. L. 1962, p. 660), is hereby amended by adding at the end of subsection (b) of section 3 the following: The word `project' shall also be deemed to mean and include a State Highway Department Laboratory and buildings, structures and facilities of every kind and character for use in conjunction with such Laboratory regardless of whether such buildings, structures and facilities are physically connected with such Laboratory; provided, however,

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that such buildings, structures and facilities are built and constructed on property owned by State Highway Department at Forest Park, Georgia.; so that when so amended sub-section (b) of section 3 shall read as follows: (b) The word `project' shall be deemed to mean and include one or a combination of two or more of the following: Buildings and facilities intended for use as offices and related uses, and all structures, electric, gas, stream and water utilities and facilities of every kind and character deemed by the Authority necessary or convenient for the efficient operation of any department, board, commission or agency of the State of Georgia. The word `project' shall be deemed to mean and include public parks and public parking facilities adjacent to the State Capitol other than the facilities within or connected to State owned or leased buildings. The word `project' shall also be deemed to mean and include an Executive Mansion and buildings, structures and facilities of every kind and character for use in conjunction with such Mansion regardless of whether such buildings, structures and facilities are physically connected with such Mansion. The word `project' shall also be deemed to mean and include a State Highway Department Laboratory and buildings, structures and facilities of every kind and character for use in conjunction with such Laboratory regardless of whether such buildings, structures and facilities are physically connected with such Laboratory; provided, however, that such buildings, structures and facilities are built and constructed on property owned by State Highway Department at Forest Park, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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SALE OF TICKETS TO NAMED PUBLIC EVENTS. No. 411 (House Bill No. 306). An Act to regulate the sale of admission tickets to athletic contests other than those of the colleges of the University System of Georgia, which are already regulated by an Act approved March 20, 1943 (Ga. L. 1943, p. 623); to provide that no ticket to athletic contests regulated by this Act shall be sold for more than $1.00, plus lawful taxes, in excess of the maximum price printed on the ticket; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be unlawful for any person, firm, or corporation to sell, offer for sale, conduct the business of selling, or offering for sale, or soliciting any person to purchase any ticket of admission or other evidence of the right of entry to any opera, football game, basketball game, baseball game, or golf tournament at a price more than $1.00, plus lawful taxes, in excess of the maximum price printed on the ticket. Section 2. This Act is not in derogation of said Act of 1943 but the provisions hereof are separate and in addition thereto, the legislative purpose of this Act being as follows: Because the admission price for opera, football games, basketball games, baseball games and golf tournaments, which are open to the general public, is a matter affected with the public interest, this statute is enacted to safeguard the public against fraud, extortion, exorbitant rates and similar abuses by limiting the price at which tickets to said contests can be resold. Intent. Section 3. Any person, firm or corporation violating the provisions of this law shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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USE OF FLASHING BLUE LIGHTS ON MOTOR VEHICLES. No. 414 (House Bill No. 495). An Act to prohibit the use of alternately flashing blue lights on any motor vehicle, except vehicles belonging to any federal, State, county or municipal police or fire department or ambulances; to provide a penalty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Except for motor vehicles belonging to any federal, State, county or municipal police or fire department or ambulances; it shall be unlawful for any motor vehicle to be used upon the public roads of this State which shall have attached thereto in any manner a device which emits an alternately flashing blue light. Section 2. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. STATE HIGHWAY DEPARTMENTSUBSISTENCE ALLOWANCE TO CERTAIN EMPLOYEES. No. 415 (House Bill No. 127). An Act to amend an Act creating the offices of the State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, so as to authorize payment of subsistence in an amount not to exceed $1.25 per day in addition to other compensation

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to certain employees of the State Highway Department assigned to residences where, in the judgment of the Director, such subsistence allowance is necessary to assist in staffing areas where there is a shortage of competent personnel, in order to minimize the possibility of losing Federal funds and to aid in the prosecution of the work by providing for necessary supervision and emergency functions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the offices of the State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended, is hereby amended by striking section 14 in its entirety and substituting in lieu thereof a new section 14 to read as follows: Section 14. Nothing in this Act shall be construed as in anywise repealing, amending, or altering the Merit System Act passed by the General Assembly of Georgia at the 1949 session thereof creating a Merit System for the personnel of the State Highway Department. Provided, however, a subsistence allowance in an amount not to exceed $1.25 per day, in addition to regular compensation, may be paid to certain field employees of the State Highway Department, when, in the judgment of the Director of the State Highway Department, such a subsistence allowance is considered necessary to assist in staffing a residency in areas where there is a shortage of competent personnel so as to minimize the possibility of losing Federal funds and to aid in the prosecution of the work by providing for necessary supervision and other engineering functions. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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SOLICITORS GENERAL RETIREMENT FUND OF GEORGIA ACT AMENDEDCREDITABLE SERVICE. No. 416 (House Bill No. 134). An Act to amend an Act entitled An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the Solicitors' General Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 228), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. L. 1958, p. 163), an Act approved March 28, 1961 (Ga. L. 1961, p. 226), and an Act approved March 10, 1964 (Ga. L. 1964, p. 366), so as to provide that any time served by a solicitor general as a judge of any city or county court may be counted toward computing the number of years of service required of a solicitor general by said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the creation of the office of solicitor-general emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation to incumbents; to create the Solicitors' General Retirement Fund of Georgia; to provide for trustees thereof; to provide for payments into and disbursements from said fund; and for other purposes., approved February 17, 1949 (Ga. L. 1949, p. 780), as amended, particularly by an Act approved February 16, 1950 (Ga. L. 1950, p. 228), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 211), an Act approved March 15, 1958 (Ga. L. 1958, p. 163), an Act approved March 28, 1961 (Ga. L. 1961, p. 226), and an Act approved March 10, 1964 (Ga. L. 1964, p. 366), is hereby amended by adding at the end of section 9 the following:

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Provided further, however, that in computing years of service as a solicitor general for any purpose under this Act, any time served by a solicitor general as a judge of any city court from which appeals can be taken direct to the Court of Appeals of this State may be counted in computing the number of years of service required of any solicitor general if he shall pay into the retirement fund the maximum payment provided by this Act for each year of service actually served as such a judge, plus interest on each such payment at the rate of 6% per annum, such payment to be made within six months after the approval of this Act, or within six months after taking office as a solicitor general, whichever is later in point of time, except that any solicitor general claiming any credit for service as such a judge as authorized by this proviso shall not be entitled to any retirement benefits from the retirement funds under this Act until he has reached the age of 60 years, but this exception shall not otherwise affect the eligibility of such solicitor general to become solicitor general emeritus prior to reaching the age of 60. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACTEXEMPT TRANSACTIONS. No. 417 (Hosue Bill No. 314). 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 March 3, 1955 (Ga. L. 1955, p. 389), so as to exempt from the provisions of said Act certain transactions wherein tangible personal property is furnished by the Federal government or by a county or municipality to any person, firm or corporation which contracts to perform certain services for any such governmental

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units for the installation, repair or extension of any public water, gas or sewage system of any such entity; 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 March 3, 1955 (Ga. L. 1955, p. 389), is hereby amended by adding to section 3 (c) 2 the following subparagraph to be designated subparagraph (t) and to read as follows: (t) Transactions wherein tangible personal property is furnished by the Federal government or by a county or municipality of this state to any person, firm or corporation which contracts to perform services for any such governmental entity for the installation, repair or extension of any public water, gas or sewage system of such entity, notwithstanding the provisions of section 4 (a) or any other provisions of this Act, and all such tangible personal property is hereby exempted from the provisions of this Act and the taxes levied pursuant thereto; provided such tangible personal property is installed for general distribution purposes, but shall not include tangible personal property installed to serve a particular property site. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. ADOPTION LAW AMENDED. Code Chapter 74-4 Amended. No. 418 (House Bill No. 164). An Act to amend an Act entitled An Act to amend and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and

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report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, so as to remove the provisions relating to interlocutory hearings; to change the waiting period before the court may set a hearing on the question of final adoption; 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 and revise the adoption laws now set forth in Chapter 74-4 of the Code of 1933; to provide for an investigation and report to the superior court in which an adoption petition is filed on the proposed adoption by the State Department of Public Welfare where facilities are available; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 300), as amended, 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. Notice of date of final hearing; service . Upon the filing of the petition, the court shall fix a date upon which the petition for final adoption shall be considered which date shall be not less than ninety days from the date of the filing of the petition, and one conformed copy of the petition, together with the copy of the court's order thereon, shall be served on the party or parties whose written consent to the adoption is required under Section 3, unless service of said petition and notice has been duly waived in writing. Section 2. Said Act is further amended by striking section 10 in its entirety. 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. Final order of adoption; inheritance by child from adoptive parents and vice versa . Upon the date appointed

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by the court for a hearing of the petition for final adoption, or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on the petition and the examination of the parties at interest in chambers, under oath, with the right of adjourning the hearing and examination from time to time as the nature of the case may require. The court at such time shall give consideration to the investigation report and the recommendations therein contained, if such report has been made. If the court is satisfied that the natural parents have just cause to be relieved of the care, support, and guardianship of said child or have abandoned the said child, or are morally unfit to retain the custody of said child, and that the petitioner or petitioners is or are financially able and morally fit to have the care, supervision, training, and education of the child, and that the child is suitable for adoption in a private family home and that the adoption requested is for the best interests of the child, it shall enter an order granting the permanent custody of the child to the petitioner or petitioners or if it is not so satisfied, to refuse such an order and to dismiss the petition. Any person objecting to the entry of a final order of adoption shall file such objections in writing prior to the date assigned for a hearing, which objections shall be passed on by the court at such hearing. If the court shall determine that a final order of adoption shall be entered, the court shall enter a decree of adoption, declaring the said child to be the adopted child of the petitioner and capable of inheriting his estate and also what shall be the name of such child. Thereafter the relation between such person and the adopted child shall be as to their legal rights and liabilities, the relation of parents and child; provided, however, that petitioner or petitioners may inherit from the child that which he acquires or is vested in him subsequent to the final order of adoption, except that which he has acquired or inherited from blood relatives. When the final adoption shall have been granted, the parents of the child shall be divested of all legal rights or obligations from them to the child or from the child to them; and the child shall be free from all obligations of any sort whatsoever to the said natural parents. Said adopted child shall be considered in all respects as if it were a child of natural bodily issue of petitioner

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or petitioners, and shall enjoy every right and privilege of a natural child of petitioner or petitioners; and shall be deemed a natural child of petitioner or petitioners to inherit under the laws of descent and distribution in the absence of a will and to take under the provisions of any instrument of testamentary gift, bequest, devise or legacy unless expressly excluded therefrom. Section 4. Said Act is further amended by striking section 12 in its entirety. Section 5. The provisions of this Act shall apply to all adoption proceedings instituted on and after May 1, 1966. All adoption proceedings instituted prior to the effective date of this Act shall be governed by the provisions of law in effect at the time the petition for adoption is filed. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. GENERAL APPROPRIATIONS ACT AMENDEDSTATE HIGHWAY DEPARTMENT LABORATORY BUILDING. No. 419 (House Bill No. 198). An Act to amend an Act known as the General Appropriations Act of 1965, approved March 1, 1965 (Ga. L. 1965, p. 44), as amended, so as to provide that the funds appropriated to the State Highway Department for the year 1966, for payment of lease rental obligations to the State Office Building Authority, shall include the sum of $212,439.00 specifically designated for the payment of one year's rent on the State Highway Department Laboratory Building; 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 General Appropriations Act of 1965, approved March 1, 1965 (Ga. L. 1965, p. 44), as amended, is hereby amended by adding the following at the end of subparagraph (B) of section 25: The funds appropriated herein for 1966-67 shall include the sum of $212,439.00 specifically designated for the payment of rent for one year on the State Highway Department Laboratory Building at Forest Park, Georgia, to the State Office Building Authority.; so that said subparagraph (B) of section 25 when so amended shall read as follows: (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 of all funds appropriated to the Highway Department. The funds appropriated herein for 1966-67 shall include the sum of $212,439.00 specifically designated for the payment of rent for one year on the State Highway Department Laboratory Building at Forest Park, Georgia, to the State Office Building Authority. 1965-66 $18,300,000.00 1966-67 $18,300,000.00. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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GEORGIA INSURANCE CODE AMENDEDINSURANCE SECURITIES. Code Chapter 56-15 Amended. No. 420 (House Bill No. 647). An Act to amend Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, as amended, so as to provide that no person shall sell, offer for sale or propose to sell to the public any subscriptions for insurance securities in this State unless the insurer shall issue the insurance securities provided in such subscription has applied for, qualified for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner to provide that no person shall sell, offer for sale or propose to sell to the public any insurance securities in this State unless the insurer which shall issue said insurance securities has applied for, qualified for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner; to define the words insurance securities; to provide that said provisions shall not repeal any of the provisions of the Georgia Securities Act but shall be supplementary and additional thereto; to provide for unlawful acts and penalties therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 56-15, relating to the organization and corporate procedures of domestic stock and mutual insurers, as amended, is hereby amended by adding a new section thereto to be known as Code section 56-1506.1, to read as follows: 56-1506.1. Sale of Subscriptions for Insurance Securities, Sale of Insurance Securities . (a) No person shall sell, offer for sale or propose to sell to the public any subscriptions for insurance securities in this State unless the insurer which shall issue the insurance securities provided

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in such subscription has applied for, qualified for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner, or has an effective registration of such subscriptions for insurance securities with the Securities and Exchange Commission, or unless such subscriptions are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission. (b) No person shall sell, offer for sale or propose to sell to the public any insurance securities in this State unless the insurer which shall issue said insurance securities has applied for, qualified for, received and holds authority to transact insurance in the State of Georgia from the Insurance Commissioner, or has an effective registration of such securities with the Securities and Exchange Commission, or unless such securities are sold by or through a broker in accordance with the rules of the Securities and Exchange Commission. (c) `Insurance securities' as used in this section shall mean the securities of an insurer who is the issuer of a security as the word `security' is defined in the Georgia Securities Act. (d) Nothing contained in this section shall be deemed to repeal any of the provisions of the Georgia Securities Act but shall be supplementary and in addition thereto. (e) Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. (f) The Insurance Commissioner shall be authorized to withhold the authority to transact insurance in this State of any insurer so long as any person who has been convicted of any offense defined in this section remains an officer, employee or agent of the person or entity seeking the authority to transact insurance. Section 2. Nothing herein shall be deemed to prohibit distributions of insurance securities in consequence of a merger or other similar transaction. Intent.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. REVENUEINCOME TAXESFIDUCIARIES. Code 92-3103, 92-3203 Amended. No. 422 (House Bill No. 208). An Act to amend Title 92 (Public Revenue), Division I (Sources of Revenue, Part IX (Income Taxes), Chapters 92-31 (Imposition, Rate and Computation of Tax; Exemptions), and 92-32 (Returns and Furnishing of Information) of the 1933 Code of Georgia, as amended, so as to amend Code section 92-3103 as to when fiduciaries and beneficiaries are taxable and when they are relieved from tax on income of estates or trusts; to require a schedule of distributed or distributable net income claimed as a deduction by fiduciaries in support of such deduction on returns of income by fiduciaries, such schedule to be in lieu of the returns required of fiduciaries by Code section 92-3205; to allow on certain returns of fiduciaries the optional standard deduction allowed by subsection (1) of Code section 92-3109 to individual taxpayers; 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 section 92-3103 of the Code of Georgia, as amended, which relates to the imposition of the income tax on fiduciaries, be amended in order to make it clear that non-resident fiduciaries are subject to tax, that non-resident as well as resident beneficiaries are taxable on distributions of net income otherwise taxable in this State, that the unreturned income of decreased taxable non-residents as well as residents, and the entire taxable net income of non-resident insolvent or incompetent taxpayers, as well

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as resident, where the fiduciary has complete charge of such net income is taxable to the fiduciary, and that income from certain sources is not subject to tax by striking section 92-3103 of the Georgia Code of 1933, as amended, in its entirety and by substituting therefor a new Code section 92-3103 to read as follows: 92-3103. Fiduciaries . The tax imposed by this law shall be imposed upon resident fiduciaries and upon non-resident fiduciaries receiving income from business done in this State, or having in charge funds or property located in this State, or having in charge funds or property for the benefit of a resident of this State, and at the rates provided for individuals, which tax shall be levied, collected, and paid annually with respect to: (a) That part of the net income of estates or trusts which has not become distributable during the taxable year. It is the purpose of this section to tax to fiduciaries or to beneficiaries all income otherwise taxable under this law. Income received by a resident fiduciary from business done outside this State or from property held outside this State or income received from intangible property, other than from the licensing for use of such property, held by a fiduciary (including gains from the sale or exchange of such property), which income is accumulated for or is distributed or becomes distributable during the taxable year to a non-resident of this State, shall not be subject to the tax imposed by this law, and no return of such income shall be required. (b) The taxable net income received during the taxable year by deceased individuals who, at the time of death, were taxpayers and who have died during the taxable year or subsequent thereto without having made a return. (c) The entire taxable net income of insolvent or incompetent persons whether or not any portion thereof is held for the future use of the beneficiaries, where the fiduciary has complete charge of such net income. Except as provided in Code section 92-3203 (b), the net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual.

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If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year for the estate or trust ending within his taxable year. The tax imposed upon a fiduciary shall be a charge against the estate or trust. Section 2. That subsection (b) of section 92-3203 of the Code of Georgia of 1933, as amended, which relates to the returns of fiduciaries, be amended so as to allow on certain returns of fiduciaries the optional standard deduction allowed by Code section 92-3109 to individuals, by adding at the end of said subsection the following: and except that the optional standard deduction as provided in subsection (1) of Code section 92-3109 shall be allowed only with respect to income reported under subsections (b) and (c) of Code section 92-3103., so that subsection (b) of Code section 92-3203, as so amended, shall read: (b) Fiduciaries required to make returns under this law shall be subject to all the provisions of this law which apply to individuals, except as to the exemptions contained in this law, and except that the optional standard deduction as provided in subsection (1) of Code section 92-3109 shall be allowed only with respect to income reported under subsections (b) and (c) of Code section 92-3103. Code 92-3203 amended. Section 3. That section 92-3203 of the Code of Georgia of 1933, as amended, which relates to the returns of fiduciaries, be amended so as to require a schedule of distributed or distributable income claimed as a deduction by a fiduciary on returns of income required by section 92-3103 of the Georgia Code of 1933, as amended, by adding a new paragraph, to be designated paragraph (c) of said section 92-3203, which shall read as follows: (c) Deductions claimed for net income distributed or distributable during the taxable year in accordance with

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the provisions of section 92-3103 shall be itemized, showing amount and name and address of beneficiary, and such itemized schedule shall be in lieu of the returns of such distributed or distributable net income required of fiduciaries by section 92-3205. Same. Section 4. Should any provisions of this Act or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. Severability. Section 5. The provisions of this Act shall become effective for all taxable periods ending on or after January 1, 1966. Effective dates. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. CLERKS OF THE SUPERIOR COURTS RETIREMENT ACT AMENDEDDELINQUENT PAYMENTS INTO FUND. No. 424 (House Bill No. 519). An Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approved February 16, 1962 (Ga. L. 1962, p. 67), and an Act approved March 3, 1964 (Ga. L. 1964, p. 202), so as to provide that the delinquent payments required to be made into the fund by the clerks shall bear interest; to provide for penalties and interest on sums which are delinquently paid into the retirement fund by persons or authorities charged with the responsibility of remitting monies to

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the fund; to repeal conflicting laws; and for other purposes. Be it further enacted by the General Assembly of Georgia: Section 1. An Act providing retirement benefits for the clerks of the Superior Courts of Georgia, approved February 15, 1952 (Ga. L. 1952, p. 238), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 332), an Act approved February 16, 1962 (Ga. L. 1962, p. 67), and an Act approved March 3, 1964 (Ga. L. 1964, p. 202), is hereby amended by adding at the end of section 7 a new paragraph to read as follows: If any payments required to be made to the fund by a clerk shall remain unpaid ninety (90) days from the date such payment shall be due, such payments shall bear interest from the due date at the rate of six per cent (6%) per annum. In the event of such delinquency, in order to be eligible to receive any benefits provided by this Act, a clerk must remit with such delinquent payments the interest as provided for herein. Section 2. Said Act is further amended by adding at the end of section 8 a new paragraph to read as follows: When any person or authority, whose duty it is to collect and remit monies to the fund under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five per cent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five per cent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six per cent (6%) per annum from the date said funds become delinquent until the same are paid. After April 1, 1966, all funds which have not been paid into the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the

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Board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. REVENUEINCOME TAXESPROPERTY USED FOR GAMBLING. Code 92-3110 Amended. No. 425 (House Bill No. 96). An Act to amend Code section 92-3110, relating to items not deductible for income tax purposes, as amended, so as to provide that any property used as gambling devices or for violating the gambling laws of this State shall not be allowed to be depreciated in computing business deductions; to provide the procedure connected therewith; to provide that the Commissioner of Revenue shall be prohibited from allowing a business deduction for depreciation of any such property; 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 92-3110, relating to items not deductible for income tax purposes, as amended, is hereby amended by adding to Code section 92-3110 a new subsection to be designated as subsection (g) to read as follows: Subsection (g). Depreciation of property used for gambling purposes, either as gambling devices or to violate the gambling laws of this State. The Commissioner of Revenue is hereby prohibited from allowing any person, firm, partnership or corporation subject to this title from claiming a business deduction for the depreciation of property

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used as gambling devices or to violate the gambling laws of this State. Section 2. The provisions of this Act shall become applicable for all taxable years ending on and after January 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. COUNTY SURVEYORQUALIFICATIONS, ETC. Code Chapter 23-11 Amended. No. 426 (House Bill No. 110). An Act to amend Code Chapter 23-11, relating to the office of county surveyor, so as to provide certain qualifications for the position of county surveyor; to provide that the county need not furnish the county surveyor with an office or facilities; to change the amount of fees allowed the county surveyor; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 23-11, relating to the office of county surveyor is hereby amended by adding at the end of Code section 23-1101, relating to the election and qualifications of the county surveyor, the following words: Provided, however, that every person holding the post of county surveyor shall be a qualified surveyor, licensed by the State Board of Registration for Professional Engineers and Land Surveyors, and said person shall have successfully passed the examination given by the board as a prerequisite to the granting of a license as a land surveyor.,

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so that when so amended Code section 23-1101 shall read as follows: 23-1101. How elected, commissioners, qualified, and removed .County surveyors are elected, commissioned, qualified, and removed as clerks of the superior courts are, and hold their offices for four years. Provided, however, that every person holding the post of county surveyor shall be a qualified surveyor, licensed by the State Board of Registration for Professional Engineers and Land Surveyors, and said person shall have successfully passed the examination given by the board as a prerequisite to the granting of a license as a land surveyor. Section 2. Said Chapter is further amended by adding to Code section 23-1107, relating to location of the county surveyor's office, the following language: The county shall not be required to furnish the county surveyor with an office or facilities., so that when so amended Code section 23-1107 shall read as follows: 23-1107. Office, where kept .The county surveyor may keep his office at his place of abode, if within the limits of the county. The county shall not be required to furnish the county surveyor with an office or facilities. Section 3. Said Chapter is further amended by striking in its entirety Code section 23-1109, relating to the fees of the county surveyor, and inserting in lieu thereof a new Code section 23-1109 to read as follows: 23-1109 . The county surveyor shall be allowed to establish a reasonable fee for each of the following acts: (a) Surveying a town lot and returning a certificate thereof. (b) Surveying a tract of land. (c) Making a plat, recording, advertising, and transmitting the same to the Secretary of State's office. Fees.

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(d) Resurvey of land by order of court. (e) Every other survey making and certifying a plat thereof and transmitting the same. (f) Running line between counties, districts, or making new lines, per day, he furnishing the chain-bearer and provisions. (g) A plat of homestead, affidavit and return. (h) Each additional plat where more than one lot. (i) Any other survey he may be called upon or required to perform.; and said fee shall be reasonably equivalent to the same fee if said survey had been conducted by a private surveyor. He shall be allowed to contract for his services in the same manner as private surveyors whenever he is called upon or required to make a survey for a private or a corporate benefit or by order of the ordinary or by order of the court. Section 4. The provisions of this Act shall become effective immediately, provided, however, that any person currently holding the position of county surveyor, either elected or appointed, shall not be required to meet the qualifications as enumerated under this Act so long as said person remains in position of County Surveyor whether reappointed or reelected to this position. Effective date. Section 5. No provision of this act shall apply to any county having a population of less than 17,000 inhabitants, according to the 1960 census or any future census. Where applicable. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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FAMILY PLANNING SERVICES ACT. No. 427 (House Bill No. 551). An Act to provide for family planning services; to provide a short title; to provide that the State Department of Health, county departments of health, health districts, the State Department of Family and Children Services, county departments of family and children services and district departments of family and children services shall provide family planning services; to provide for definitions; to provide who shall receive such services; to provide that such services may be without charge to the persons receiving such services; to provide that persons may refuse to accept such services; to provide that certain employees may refuse to offer such services under certain circumstances; to provide that the State Department of Health and the State Department of Family and Children Services shall develop plans and programs to carry out the provisions of this Act; to authorize the State Department of Health and the State Department of Family and Children Services to adopt and promulgate rules and regulations; to provide for the construction of this Act; 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. This Act shall be known and may be cited as the Family Planning Services Act. Short title. Section 2. Definitions . (a) The word agencies as used in this Act shall mean the State Department of Health, county boards of health, health districts, the State Department of Family and Children Services, county departments of family and children services, and district departments of family and children services. (b) Family planning services shall mean counselling and interviews with trained personnel regarding birth control, infertility and family planning methods and procedures;

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distribution of literature relating to birth control, infertility and family planning; referral to licensed physicians or local health departments for consultation, examination, tests, medical treatment and prescriptions for the purposes of birth control, infertility and family planning; and, to the extent prescribed, the distribution of rhythm charts, drugs, medical preparations, contraceptive devices and similar products used for birth control and family planning. Section 3. Within the limitations of the funds available to such agencies, all agencies, as defined in this Act, are hereby authorized to offer family planning services to persons in any one or more of the following classifications: (1) Married. (2) The parent of at least one child. (3) Pregnant. Section 4. Such agencies may support such family planning services at no cost to the recipients of such services in accordance with rules and regulations of said agencies. Section 5. The refusal of any person to accept family planning services shall in no way affect the right of such person to receive public assistance or public health services or to avail himself of any other public benefit. The employees of the agencies engaged in the administration of the provisions of this Act shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual, and nothing in this Act shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family planning services. Section 6. Any employee of the agencies engaged in the administration of the provisions of this Act may refuse to accept the duty of offering family planning services to the extent that such duty is contrary to such employee's personal religious beliefs, and such refusal shall not be grounds

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for any disciplinary action, for dismissal, for any interdepartmental transfer, for any other discrimination in his employment, or for suspension from employment or for any loss in pay or other benefits. The directors or supervisors of such agencies shall be authorized, however, to reassign the duties of any such employees in order to effectively carry out the provisions of this Act. Section 7. The State Department of Health and the State Department of Family and Children Services are hereby authorized and directed to develop plans and programs to carry out the provisions of this Act, and representatives from each of said departments shall cooperate in developing such plans and programs. Such plans and programs shall include, but shall not be limited to, provisions for: (1) A training program offered by the State Department of Public Health for the employees of the State Department of Family and Children Services who are in contact with and counsel those persons likely to desire family planning services. Such training program should be designed to provide such employees with complete information regarding family planning and birth control and all matters related thereto. (2) A systematic plan for coordinating the activities of the two Departments and their counterparts at the county and district level in the area of family planning services. Section 8. The State Department of Health and the State Department of Family and Children Services are hereby authorized and directed, by and through their respective boards, to adopt and promulgate rules and regulations to carry out the provisions of this Act. Such rules and regulations shall provide the necessary requirements and guides for county and district departments of public health and departments of family and children services. Section 9. This Act shall be liberally construed to protect the rights of all individuals to pursue their religious beliefs, to follow the dictates of their own consciences, to prevent the imposition upon any individual of practices

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offensive to the individual's moral standards, to respect the right of every individual to self determination in the procreation of children, and to insure a complete freedom of choice in pursuance of his constitutional rights. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. CORPORATIONSTIME OF ADVERTISING APPLICATION, ETC. No. 428 (House Bill No. 42). An Act to amend an Act amending, revising and perfecting the present corporation laws of the State, approved January 28, 1938 (Ga. L. 1937-8, Ex. Sess., p. 214), as amended, so as to change the time when advertisements shall appear after the filing of the application or petition for charter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising and perfecting the present corporation laws of the State, approved January 28, 1938 (Ga. L. 1937-8, Ex. Sess., p. 214), is hereby amended by striking from the last sentence of the second paragraph of section 3 the words one week and inserting in lieu thereof the words and figure ten (10) days so that when so amended the second paragraph of section 3 shall read as follows: Fifteen cents per 100 words for recording the charter and five ($5.00) dollars for other services required of the clerk in connection with the application for the charter; applicants shall submit to the clerk an affidavit signed by the duly authorized agent or publisher of a newspaper having general circulation and whose principal place of

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business is in the county (as of the date of filing of said petition) that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application once a week for four (4) weeks, with the order of the judge thereon. First of said advertisements shall appear within ten (10) days after the filing of the application or petition for charter unless otherwise ordered by the court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. STATE BOARD OF MEDICAL EXAMINERS ACT AMENDED. Code Chapter 84-9 Amended. No. 429 (House Bill No. 233). An Act to amend Code Chapter 84-9, relating to the creation of the State Board of Medical Examiners, as amended, so as to remove the provisions relating to the naming of the system of practice an applicant proposes to follow; to provide that persons wishing to obtain a license to practice medicine shall, in addition to other requirements, furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Medical Examiners; to provide for the conditions upon which licenses by reciprocity are granted by the said State Board of Medical Examiners; 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 84-9, relating to the creation of the State Board of Medical Examiners, as amended, is hereby amended by striking Code section 84-907, relating

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to licenses to practice medicine, in its entirety and substituting in lieu thereof a new Code section 84-907 to read as follows: 84-907. License to practice medicine; how obtained; qualifications of applicants .Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been registered or licensed so to do, shall, before it shall be lawful for him to practice medicine in this State, make application to the State Board of Medical Examiners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and prescribed by the Board, and obtain from the Board a license so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine without first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the Board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college or institution in good standing with the Board. The Board shall have the power to revoke the certificate granted to any applicant who makes any misstatement of any material fact in his application for examination. Any person who is a graduate of medical school or institution approved by the Board shall be eligible to stand any regular examination given by the Board for a license to practice medicine in this State. However, before such person shall be eligible to receive a license to practice medicine in this State, he shall furnish the Board with satisfactory evidence of attainments and qualifications under the provisions of this Section and the rules and regulations of the Board. Nothing contained in this Section shall be construed so as to require a person who has previously passed an examination given by the Board for a license

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to practice medicine in this State to stand another examination. If the applicant submits proof that he has had one year of training as an intern in a hospital of good standing with the Board, or in a hospital of another State if the standards of such hospital are approved by the Board, and if he furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive a license from the Board giving him absolute authority to practice medicine in this State. If the applicant does not submit proof that he has had one year of training as an intern in such hospital but otherwise furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive an interning license from the Board giving him authority to practice medicine in the hospitals in this State but not otherwise. Upon satisfactory proof by a person holding an interning license from the Board that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State if the standards of such hospital are approved by the Board, the Board shall forthwith issue him a license from the Board giving him absolute authority to practice medicine in this State. Section 2. Said Code Chapter is further amended by striking Code section 84-914, relating to license fees, in its entirety and substituting in lieu thereof a new Code section 84-914 to read as follows: 84-914. License fees and licenses by reciprocity .There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Georgia, a fee of $20.00, or a fee of $50.00 for a non-resident applicant for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary license, which shall include fee for examination for permanent license; and a fee of $100.00 shall be charged for issuing a license by reciprocity. A fee of $10.00 shall be charged for issuing

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a full license to a person holding an interning license. No part of any fee shall be returnable under any circumstances; nor shall this Chapter be construed as affecting or changing in any way laws in reference to license taxes to be paid by physicians and surgeons. The Board of Medical Examiners may grant a license without examination to licentiates of boards of other states requiring equal or higher qualifications, upon the same basis as such states reciprocate with the State of Georgia, all upon the following terms and conditions: (a) If the date of the license from the boards of such other states is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the Board giving the applicant absolute authority to practice medicine in this State; (b) If such date of such license is after January 1, 1967, the Board shall grant the applicant an interning license from the Board giving him authority to practice medicine in the hospitals in this State but not otherwise unless the applicant submits proof that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State if the standards of such hospital are approved by the Board, in which event the Board shall grant the applicant a license from the Board giving the applicant absolute authority to practice medicine in this State. A person holding an interning license granted by reciprocity may obtain a full license upon making proof to the Board as required in section 84-907 and upon paying the fee provided in this Section. Provided, however, the Board may, in its discretion, waive the requirements of this subsection after determining that an applicant, licensed to practice medicine in another State which does not require an internship, has been actively engaged in the practice of medicine in such other State for at least two years. Section 3. Said Code Chapter is further amended by striking Code section 84-915, relating to issuance and renewal of licenses to practice medicine, in its entirety and substituting in lieu thereof a new Code section 84-915 to read as follows:

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84-915. Issuance and renewal of licenses to practice. Duty of Joint-Secretary to aid in prosecutions .The Board of Medical Examiners shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. Said Board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board. Such license shall be signed by the President of the State Board of Medical Examiners and attested by the Joint-Secretary, State Examining Boards, under the Board's adopted seal, and, in the case of a full license, it shall give absolute authority to the person to whom it is issued to practice medicine in this State, and, in the case of an interning license, it shall give authority to practice medicine in hospitals in this State but not otherwise. It shall be the duty of the Joint-Secretary under the direction of the Board to aid the solicitors in the enforcement of this Chapter and in the prosecution of all persons charged with violations of its provisions. All licenses to practice medicine, whether full licenses or interning licenses, shall expire on December 31 of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $3.00. On or before December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a current license to practice medicine, whether a full license, or an interning license, a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the application and renewal fee, the Joint-Secretary, acting under the direction of the State Board of Medical Examiners, shall be authorized to renew the license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal but the renewal fee, if submitted after December 31, shall be $10.00. Section 4. The provisions of this Act shall become effective at 12:01 a.m. on January 1, 1967. Effective date.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. ACT PROHIBITING EMPLOYMENT OF MINORS UNDER EIGHTEEN YEARS OF AGE WHERE ALCOHOLIC BEVERAGES ARE SOLD AMENDED AS TO CERTAIN COUNTIES (500,000 OR MORE). No. 430 (House Bill No. 752). An Act to amend an Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. L. 1958, p. 640), so as to make such employment lawful in counties of this State having a population of more than 500,000 according to the last or any future Federal Decennial census, where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required to dispense, serve, sell, deliver or take orders for any alcoholic beverages or in any manner to aid or assist in the dispensing, serving, sale, delivery or taking orders for such beverages, directly or indirectly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act making it unlawful for any person to employ in any capacity whatsoever a person under eighteen years of age in any place where liquor, beer, wine or alcoholic beverages of any kind are sold or offered for sale, approved March 25, 1958 (Ga. L. 1958, p. 640) is hereby amended by adding to section 1 thereof the following: Provided further, that in counties of the State of Georgia having a population of more than 500,000 according to

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the last or any future Federal Decennial census, such employment shall be lawful where (a) the place of employment is in a stadium where beer is the only alcoholic beverage offered for sale to the public generally and (b) such person is not allowed or required to dispense, serve, sell, deliver or take orders for any alcoholic beverages or in any manner to aid or assist in the dispensing, serving, sale, delivery or taking orders for such beverages, directly or indirectly. Section 2. This Act shall be applicable to counties of the State of Georgia having a population of more than 500,000 according to the last or any future Federal Decennial census. It shall be effective as to counties now coming within the population classification on the 1st day of the month succeeding its approval by the Governor. As to counties subsequently coming within the population classification, it shall be effective on the 1st day of January following the publication of the Federal census. Where applicable. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. STATE BOARD OF EDUCATIONEDUCATION OF CHILDREN UNDER CUSTODY OF OTHER DEPARTMENTS. No. 433 (House Bill No. 46). An Act to authorize the State Board of Education, upon agreement of the other State department or agency concerned, to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The State Board of Education is hereby authorized and empowered, upon agreement of the other State department or agency concerned, to provide for the education of children, youth and adults who are under the custody and control of other departments and agencies of this State and located or situated in an institutional or residential facility maintained by such other department or agency. Section 2. The State Board of Education is hereby authorized to promulgate all rules, policies and regulations, and take all action necessary or desirable to implement this Act and provide for the education of such children, youth and adults including, but no wise limited to: entering into contracts or agreements with the department or agency concerned respecting the education of such children, youth and adults, employing teachers and other school personnel for such purpose; and furnishing books and other school supplies and requisites. Rules. Section 3. The provisions of this Act should become effective if and when funds are appropriated by the General Assembly for the purposes provided herein. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. REVENUEINCOME TAXESEXEMPTION FOR HANDICAPPED CHILDREN, ETC. Code 92-3106 Amended. No. 435 (House Bill No. 346). 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, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 260), so as to allow a personal exemption of

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twelve hundred ($1200.00) dollars for each dependent of the taxpayer to be deducted from the taxpayer's net income if such dependent is physically handicapped or mentally retarded and is not a ward of the state; to define physically handicapped or mentally retarded; 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 92-3106, relating to personal exemptions and credits that may be deducted from net income in determining state income taxes, as amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 260), is hereby amended by inserting following subsection (d) a new subsection (m) to read as follows: (m) Twelve hundred ($1,200.00) dollars exemption in lieu of the exemption provided for in subparagraph (d) above, for each dependent of the taxpayer who is under the age of 21, is physically handicapped or mentally retarded and is not a ward of the State. `Physically handicapped' or `mentally retarded' as used herein shall mean physically or mentally disabled to the extent that such dependent is unable to attend public schools. Section 2. The provisions of this Act shall become effective for all taxable years ending on or after December 31, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. GEORGIA INSURANCE CODE AMENDEDINVESTMENTS. Code 56-1005 Amended. No. 437 (House Bill No. 206). An Act to amend an Act to revise, classify, consolidate and supersede laws relating to insurance, entitled the Georgia

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Insurance Code and approved March 8, 1960 (Ga. L. 1960, p. 289) so as to delete the requirement of the minimum capital required to be invested in cash and in certain type securities and to substitute other requirements as to the investment of such minimum capital (adding as permissible investments certificates of deposit in banks and trust companies and shares in savings loan associations and building loan associations); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 56-1005 of the Georgia Insurance Code (Ga. L. 1960, p. 289) (Ga. Code Ann. Sec. 56-1005) is hereby amended by striking subparagraph (3) thereof in its entirety and inserting in lieu thereof a new subparagraph (3) so that said Sec. 56-1005 (3) shall thereafter read as follows: Sec. 56-1005... (3) Minimum capital . An insurer shall invest and maintain invested funds not less in amount than the minimum paid-in capital stock required under this Title of a domestic stock insurer transacting like kinds of insurance, only in the following: (a) Cash (b) Certificates of deposit or similar certificates or evidences of deposit in banks and trust companies to the extent that such certificates or deposits are insured by Federal Deposit Insurance Corporation. (c) Shares or savings accounts in savings loan associations and building loan associations to the extent that same are insured by Federal Savings Loan Insurance Corporation. (d) The securities provided for under Sec. 56-1009 of this Chapter. (e) The securities provided for under Sec. 56-1010 of this Chapter.

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(f) The securities provided for under Sec. 56-1011 of this Chapter. (g) The securities provided for under Sec. 56-1012 of this Chapter. (h) The securities provided for under Sec. 56-1022 of this Chapter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. GEORGIA FIREMEN'S PENSION FUND ACT AMENDED No. 440 (House Bill No. 51). An Act to amend an Act entitled An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may entitle to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 8, 1957 (Ga. L. 1957, p. 323), an Act approved March 17, 1960, (Ga. L. 1960, p. 991), an Act approved April 5, 1961 (Ga. L. 1961, p. 417), an Act approved March 3, 1962 (Ga. L. 1962, p. 550), and an Act approved April 2, 1963 (Ga. L. 1963, p. 266), so as to change the amount of monthly pension benefits; to provide 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. An Act entitled An Act to provide revenue and a source of revenue for the purpose of paying pensions to the firemen of the State of Georgia; to provide for a board of trustees to receive and disburse such funds; to provide a secretary-treasurer; to provide the powers and duties of such board; to provide for the payment of pensions; to provide for refunds and repayments to persons who may be entitled to receive same; to define words and phrases; to repeal conflicting laws; and for other purposes, approved March 3, 1955 (Ga. L. 1955, p. 339), as amended by an Act approved February 28, 1956 (Ga. L. 1956, p. 368), an Act approved March 8, 1957 (Ga. L. 1957, p. 323), an Act approved March 17, 1960 (Ga. L. 1960, p. 991), an Act approved April 5, 1961 (Ga. L. 1961, p. 417), an Act approved March 3, 1962 (Ga. L. 1962, p. 550) and an Act approved April 2, 1963 (Ga. L. 1963, p. 266), is hereby amended by striking the words and figures seventy-two ($72.00) dollars from the first and second sentences of section 7 and inserting in lieu thereof the words and figures seventy-five ($75.00) dollars, so that when so amended section 7 shall read as follows: Section 7. Any eligible fireman or volunteer fireman who has served twenty-five (25) years as a fireman or volunteer fireman in the State of Georgia, and is at least sixty (60) years of age, upon application to the board and approval thereof by the board, shall be retired upon monthly pension of seventy-five ($75.00) dollars. Provided that any fireman retiring after twenty-five (25) years of service, but before reaching the age of sixty (60) years, may cease his monthly five dollars ($5.00) payment to the fund, and upon reaching the age of sixty (60) years, and being otherwise eligible, he shall be paid a pension of seventy-five ($75.00) dollars per month. Provided further that no person shall receive a pension hereunder prior to April 1, 1956, but those persons eligible and retiring prior to said date and who have paid into the fund five dollars ($5.00) per month for not less than twelve (12) consecutive months shall be retired upon a pension of fifty ($50.00) dollars per month. Provided further that no person shall be eligible for a pension hereunder until his official duties shall have terminated. Provided further that no person shall be eligible

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for a pension hereunder if retired from any fire department prior to the approval of this Act. Amount of pension. Section 2. Said Act is further amended by striking from subparagraph (a) and subparagraph (b) of section 7-A the words and figures seventy-two ($72.00) dollars and inserting in lieu thereof the words and figures seventy-five ($75.00) dollars, so that when so amended subparagraph (a) and subparagraph (b) of section 7-A shall read as follows: Section 7-A (a) Any `fireman' or `volunteer fireman' as defined in this Act, who is a member of the fund and who becomes totally and permanently disabled as a result of bodily injury while actively engaged in the performance of such `fireman' or `volunteer fireman's' official duties, shall be entitled to receive disability benefits in the amount of seventy-five ($75.00) dollars per month. Provided, however, no such person shall be eligible for such benefits until at least six (6) months from the date such person sustained the injury causing such disability. Disabled firemen, etc. (b) Any `fireman' as defined by this Act, who is a member of the fund and who shall become totally and permanently disabled so as to be incapable of serving as a `fireman' as defined in this Act as a result of heart disease or respiratory disease, shall be entitled to receive benefits in the amount of seventy-five ($75.00) dollars per month. Provided, however, no such person shall be entitled to any benefits as a result of disability from heart disease or respiratory disease, unless such person shall have served at least five (5) consecutive years as a `fireman' immediately preceding the date of such disability. Section 3. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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SENATORIAL DISTRICTS 32 AND 33. Code 47-102 Amended. No. 441 (House Bill No. 289). An Act to amend Code section 47-102 relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Sess., p. 7), so as to change the provisions relating to the 32nd and 33rd Senatorial Districts of Cobb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-102 relating to senatorial districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Sess., p. 7), is hereby amended by striking the period at the end of the paragraph describing the 32nd Senatorial District and inserting in lieu thereof the following: as such wards were defined by ordinances duly adopted by the governing authority of the City of Marietta which were in effect on January 1, 1966. so that when so amended said paragraph describing Senatorial District 32 shall read as follows: 32. That portion of Cobb County, more particularly described as follows: All that part of Cobb County lying and being in Militia Districts Gritter (911), Post Oak (1319), Elizabeth (1897), Fullers (1679), Merritts (897), Smyrna (1292), Vinings (1568), Lemons (992), and Wards 1, 5, 6 and 7 of the City of Marietta as such wards were defined by ordinances duly adopted by the governing authority of the City of Marietta which were in effect on January 1, 1966. Section 2. Said Code section is further amended by striking that paragraph describing Senatorial District

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Number 33 in its entirety and substituting in lieu thereof a new paragraph to read as follows: 33. That portion of Cobb County, more particularly described as follows: All that part of Cobb County lying and being in Militia Districts Acworth (851), Big Shanty (991), Red Rock (1318), Lost Mountain (1540), Oregon (1017), Macland (1608), Powder Springs (846), Clarkdale (1826), Austell (1378), Coxes (895), Howells (1395), Fair Oaks (1891), and Wards 2, 3 and 4 of the City of Marietta as such wards were defined by ordinances duly adopted by the governing authority of the City of Marietta which were in effect on January 1, 1966, and also that portion of the Militia District (898), outside the corporate limits of the City of Marietta. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. EMINENT DOMAINSERVICE UPON NON-RESIDENTS. No. 443 (House Bill No. 272). An Act to amend an Act, relating to the procedures connected for the power of eminent domain, approved April 5, 1961 (Ga. L. 1961, p. 517), as amended, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned, or who may have some lawful interest in such property; to provide a method of service of registered United States mail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act, relating to the procedures connected for the power of eminent domain, approved April 5, 1961

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(Ga. L. 1961, p. 517), as amended, is hereby amended by adding to said Act a new section to be known as section 10 (c) to read as follows: 10 (c) If a non-resident of this State owns the property condemned, or any interest therein, whether such interest be as the owner of the fee, or any easement, or as a guardian for a minor or a person non compos mentis, or growing out of similar facts, such non-resident, in the event that his address be known, shall be served with a true and correct copy of the petition for condemnation, together with any orders of the court thereon, by United States registered mail. It shall be the duty of the clerk of the superior court for the county, wherein such condemnation proceeding is pending, to enclose a copy of said petition in an envelope, properly addressed to such non-resident at his last known address, and to deposit the same in the United States mail, properly registered and with a return card requested; and such clerk shall make a return of service, showing these facts, upon the original petition for condemnation in such matter, for which he shall be paid a fee of $3.00 for each service made, the same to be taxed against the costs in said case. Such certificate of service shall be final and conclusive as to service of said petition upon such non-resident. Where the address of such non-resident be unknown, whether he be the owner of the property, or a minor, or the trustee or guardian of such minor, or having any other lawful interest in such property, the method of advertising the condemnation of the particular property, as provided for in Code Chapter 36-11, an Act, relating to eminent domain procedures before a special master, approved March 13, 1957 (Ga. L. 1957, p. 387), and an Act, relating to the exercise of the power of eminent domain, approved April 5, 1961 (Ga. L. 1961, p. 517), shall be sufficient service upon such non-residents, and shall be final and conclusive; provided, however, that, in that event, it shall be the duty of the condemnor, in filing the petition for condemnation to certify that the address of such person or persons is unknown to the condemnor; and, whereupon, it shall be the duty of the sheriff of the county wherein such condemnation

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is pending to inquire into the truth of such allegation, and to enter up a certificate upon such condemnation proceeding, within three days from the filing of the same verifying the truth of such allegation; and this certificate, together with the method of advertising of such condemnation proceedings provided for in the laws and statutes described above, supra, shall be final and conclusive as to lawful service of such petition for condemnation upon such non-resident of this State, and for each such certificate the sheriff shall receive a fee of $3.00 to be taxed as other costs in said case. The foregoing provisions supersede and nullify the provisions of section 36-309 of Georgia Code of 1933, as to service of such petition by the ordinary, but it is not the intent of this Act to repeal the remaining provisions of said section 36-309, but the same shall remain in full force and effect; nor is it the intent of this Act to repeal any provision of the Acts of the General Assembly, described in section 1 of this Act, but the only purpose of this Act is to clarify, and make more definite and certain the method of service of condemnation proceedings, brought under the provisions of said Acts, upon non-residents of this State; and other methods of service provided for in said Acts shall remain of full force and effect. Intent. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. CONDEMNATION AND EMINENT DOMAINSERVICE BY PUBLICATION, ETC. Code 36-312 Amended. No. 444 (House Bill No. 273). An Act to amend Code Chapter 36-11 and related Chapter 36-3 of the Code of Georgia of 1933, relating to condemnation

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and eminent domain, so as to provide a more efficient and certain method of service upon non-residents who own the property condemned, or who may have some lawful interest in such property; to provide a method of service of registered United States mail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 36-3 of the Code of Georgia of 1933, is hereby amended by striking Code section 36-312, relating to service which cannot be personally made, in its entirety and inserting in lieu thereof a new Code section 36-312 to read as follows: 36-312. Where notice cannot be served . In cases where service cannot be effected by leaving notice at place of residence or by personal service, the notice shall be posted by the sheriff at the courthouse door 15 days, and the sheriff shall cause such notice to be published once in the official paper one week before the day fixed for assessing the damages. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. AUDITS OF FUNDS TO MUNICIPALITIES FOR CONSTRUCTION AND MAINTENANCE OF STREETS, ETC. No. 445 (House Bill No. 76). An Act to amend an Act providing 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 cost of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), so as to provide for

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the submission of an annual audit from each such municipality to the State Auditor; to provide for comparison by the State Auditor the amount of funds distributed against the amount of funds expended for the purposes authorized by said Act; to provide for the withholding of funds under certain conditions; to provide for an audit of municipal books and records by the State Auditor upon request of the Governor or the Director of the State Highway Department; 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 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 cost of providing personnel and equipment for the control of traffic, approved March 31, 1965 (Ga. L. 1965, p. 458), is hereby amended by adding a new section to be known as section 4A to read as follows: Section 4A. The governing authority of each municipality shall submit to the State Auditor a copy of its regular annual audit not later than six months after the end of the fiscal year for which such audit was made. The State Auditor shall compare the amount of funds distributed to each municipality in such year under the provisions of this Act against the amount of funds expended by each municipality in such year for the purposes authorized by this Act. In the event the State Auditor determines that the amount so expended is less than the amount distributed, he shall certify such amount to the State Treasurer who shall deduct and withhold the certified amount from the next funds to be distributed to such offending municipality under this Act; provided, however, that in the event a municipality expending less than the amount distributed to it shall certify at the time of the submission of its audit that it is accumulating such funds for a specified allowable purpose and submit proof of the deposit or investment of such funds, then such municipality will be deemed to have complied with the requirements of this Section except that the

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amount of such funds shall be added to the amount of funds distributed to such municipality in the next succeeding year or years for the purpose of making the comparison and determination provided for herein. Upon certification by the State Auditor to the State Treasurer that the audit required by this Section from any municipality has not been received, the State Treasurer shall not distribute any further funds under this Act to such offending municipality until the State Auditor shall again certify to the State Treasurer that the delinquent audit has been filed. It shall be the duty of the State Auditor to make such certification when no audit is received or when a delinquent audit is received. In the event any municipality is not now having a regular annual audit made of its funds, the State Treasurer shall not distribute any further funds under this Act to such municipality until either (a) an audit has been made and submitted to the State Auditor or (b) the Mayor or Clerk shall have submitted a statement under oath to the State Auditor stating (1) that the municipality does not now have a regular annual audit, (2) that the funds received under this Act have been deposited in and disbursed from a separate account, and (3) that the funds have been expended for the purposes authorized by this Act. Upon request of the Governor or the Director of the State Highway Department, the State Auditor is authorized to audit the books and records of each municipality to verify the accuracy of the report so filed with him and to insure that the expenditure of such funds has been made for the purposes intended. Upon the passage of this Act a copy of this bill shall be mailed to every mayor in each of the municipalities affected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966.

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REGISTRATION AND LICENSING OF TRAILERS. Code 68-201, 92-2902 Amended. No. 449 (Senate Bill No. 141). An Act to amend Code section 68-201 of the Code of Georgia, as amended, and to amend an Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, and codified as section 92-2902 of the Code of Georgia, both of which relate to the registration and the licensing of motor vehicles, so as to provide that said sections shall not apply to certain four wheel trailers with no springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 68-201 of the Code of Georgia, as amended, particularly by an Act approved March 2, 1953, (Ga. L. 1953, Jan.-Feb. Sess., p. 392), by an Act approved March 15, 1957 (Ga. L. 1957, p. 590), and an Act approved March 7, 1960 (Ga. L. 1960, p. 777), is hereby amended by adding at the end thereof the following proviso: Code 68-201 amended. Provided further that the provisions of this section shall not apply to any four wheel trailer that has no springs and is being employed in hauling unprocessed farm products to their first market destination. Section 2. Said Act is further amended by striking section 5 of the Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, and codified as section 92-2902 of the Code of Georgia in its entirety and inserting in lieu thereof a new Section 5 to read as follows: (5) Private trailers . For each private trailer, except farm trailers, house trailers, auto trailers, boat trailers and four wheel trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination, the annual license fee shall be $10.

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Section 3. Said Act is further amended by adding after section 6 and before section 7 of the Act approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 259), as amended, and codified as section 92-2902 of the Code of Georgia a new section to be designated section 6A to read as follows: Section 6A. Four wheel trailers with no springs. There shall be no fee for four wheel trailers with no springs which are being employed in hauling unprocessed farm products to their first market destination. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. REVENUEINTEREST ON AD VALOREM TAXES IN CERTAIN COUNTIES (300,000 OR MORE). Code 92-5001 Amended. No. 450 (Senate Bill No. 234). An Act to amend Code section 92-5001, relating to interests on taxes due the state and county, so as to provide that in certain counties the minimum interest payment shall be one dollar; to provide for a penalty on certain delinquent taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-5001, relating to interests on taxes due the state and county, is hereby amended by adding at the end thereof the following proviso: provided that the minimum interest payment on such unpaid taxes due all counties having a population in excess of 300,000, according to the 1960 U. S. decennial census, or any such future census, shall be one dollar. In the event

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interest computed hereunder shall be less than one dollar on taxes due such counties said interest shall be waived and a penalty of one dollar shall be assessed in lieu thereof., so that said Code section, when so amended, shall read as follows: 92-5001. Rate of Interest .All taxes due the state or any county thereof remaining unpaid on December 20th in each year shall bear interest at the rate of seven per cent, per annum from said date, and the several tax collectors shall collect the interest on such unpaid taxes and account for same in their final settlements, provided that the minimum interest payment on such unpaid taxes due all counties having a population in excess of 300,000, according to the 1960 U. S. decennial census, or any such future census, shall be one dollar. In the event interest computed hereunder shall be less than one dollar on taxes due such counties, said interest shall be waived. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. GEORGIA STATE BOARD OF PHARMACYAPPOINTMENT OF MEMBERS. Code 84-1304 Amended. No. 451 (Senate Bill No. 100). An Act to amend Code section 84-1304 relating to the filling of vacancies on the Georgia State Board of Pharmacy, as amended, by an Act approved February 26, 1957 (Ga. L. 1957, p. 92), so as to provide that the Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill vacancies; to provide for the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-1304 relating to the filling of vacancies on the Georgia State Board of Pharmacy, as amended, by an Act approved February 26, 1957 (Ga. L. 1957, p. 92), is hereby amended by striking Code section 84-1304 in its entirety and substituting in lieu thereof a new Code section 84-1304 to read as follows: 84-1304. Georgia Pharmaceutical Association to elect or nominate members of Board . The Georgia Pharmaceutical Association shall annually elect or nominate three practicing registered pharmacists to fill the next vacancy occurring on the Board by reason of expiration of term, who shall meet the qualifactions required by this Chapter. The Secretary of said Association shall regularly submit to the Governor the names of the three practicing registered pharmacists elected or nominated by said Association, and the Governor shall make the appointment to fill such vacancies from the names submitted. Should any such person appointed by the Governor from the names submitted by the Association move from the State, resign or become ineligible for any other reason before or after taking office, or should a vacancy occur for any reason not hereinbefore provided for, each such vacancy shall be filled by appointment of the Governor from a group of three practicing registered phamacists elected or nominated by the Georgia Pharmaceutical Association. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1966. LAND CONVEYANCE IN EMANUEL COUNTY. No. 145 (House Resolution 123-236). A Resolution. Authorizing the conveyance of a certain tract of land in Emanuel County; and for other purposes.

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Whereas, a new State Patrol Headquarters was constructed in Emanuel County and it was agreed that the property on which the old headquarters was located would be conveyed to Emanuel County due to the fact that said county had furnished such land to the State and was also bearing one-half of the cost of constructing the new headquarters; and Whereas, a Resolution enacted at the regular 1964 session of the General Assembly (Ga. L. 1964, p. 745) did authorize the conveyance of a portion of said land to Emanuel County, but through inadvertence a portion of the land was omitted from the description of said property; and Whereas, the land which was omitted is described as follows: All that tract or parcel of land situate, lying and being in the 53rd G. M. District of Emanuel County, Georgia containing 3.379 acres of land, as will be more fully, completely and accurately shown by a plat made by J. W. Brooks, surveyor, in June, 1940, which plat is recorded in the office of the clerk, Superior Court of Emanuel County, Georgia in Deed Book CS, page 451, said property being more particularly described as follows: Beginning at a stake on the southeastern corner where said property joins property of L. R. Lindsey and running north 0 degrees, 45 minutes east, 589.3 feet along the property line of L. R. Lindsey and a 0.541 acre tract of land owned by Emanuel County to a stake joining the property of Mrs. W. J. Henson; thence along the property line of Mrs. W. J. Henson north 66 degrees, 02 minutes, west 400 feet to a stake joining other property of L. R. Lindsey; thence south along the property line of L. R. Lindsey 0 degrees, 45 minutes west, 400 feet to a stake joining other property of L. R. Lindsey; thence along the property line of L. R. Lindsey south 66 degrees, 00 minutes east, 400 feet to the point of beginning. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor of the State of Georgia

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is hereby authorized to convey to Emanuel County the above described tract of land for and in consideration of the sum of $10.00 and the benefits flowing to the State of Georgia. Approved March 7, 1966. LAND CONVEYANCE, ETC., IN BALDWIN COUNTY. No. 147 (House Resolution No. 158-341). A Resolution. Authorizing the conveyance of all that certain lot, tract or parcel of land containing 2.82 acres together with any and all permanent improvements located thereon or connected therewith lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia to the Board of Trustees of the Georgia Military College and their successors. Whereas, the State of Georgia is the owner of all that certain lot, tract or parcel of land lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia, which is described as follows: All that certain lot, tract or parcel of land containing 2.82 acres together with any and all permanent improvements located thereon or connected therewith situate, lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia, the same being a part of the State House Square in said city as shown by Dr. Mitchell's official map and survey and being more particularly described as follows: Beginning at a point which said point lies along the southern right-of-way boundary of that certain public street area or road in said city known as East Green

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Street and which said point is north 77 degrees 27 minutes east a distance of 210.0 feet from the intersection corner of said East Green Street with the western right-of-way boundary of that certain public street area or road in said city known as South Wayne Street and proceeding thence along said southern right-of-way boundary of East Green Street north 77 degrees 27 minutes east a distance of 267.8 feet to a point which said point marks and identifies the point of intersection of the said southern right-of-way boundary of said East Green Street with the western right-of-way boundary of a paved drive, measuring twenty-two (22) feet in width leading in a southerly direction from said East Green Street to the Old State Capitol, which said building also serves as the Administration Building for Georgia Military College; thence south 12 degrees 57 minutes east a distance of 329.7 feet along the western right-of-way boundary of said paved drive to a point where said paved drive decreases in width from twenty-two (22) feet to a width of twenty (20) feet; thence along the northwestern right-of-way boundary of said paved drive south 37 degrees 19 minutes west a distance of 21.8 feet to a point; thence further along the northwestern right-of-way boundary of said paved drive south 51 degrees 26 minutes west a distance of 25.5 feet to a point; thence further along the northwestern right-of-way boundary of said paved drive south 35 degrees 48 minutes west a distance of 21.7 feet to a point; thence along the western right-of-way boundary of said paved drive south 7 degrees 55 minutes west a distance of 21.7 feet to a point; thence further along the western right-of-way boundary of said paved drive south 12 degrees 39 minutes east a distance of 98.8 feet to a point; thence south 77 degrees 26 minutes west a distance of 200.8 feet to a point; thence north 13 degrees 15 minutes west along the easternmost boundary of the westernmost remaining portion in the northwestern quadrant portion of said State House Square a distance of 488.7 feet to the point of beginning. Said property is bounded as follows: On the north by the southern right-of-way boundary of said East Green Street; on the east, southeast and east by a paved drive

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leading in a southerly then southwesterly then southerly direction from the southern right-of-way boundary of said East Green Street to and to the west of the Old State Capitol; on the south by other lands of the State of Georgia within said State House Square; on the west by lands used by St. Stephen's Episcopal Church, other lands of the State of Georgia within said State House Square and lands used by the First Presbyterian Church. Said above described property is herein described in accordance with the metes, bounds, courses and distances as shown by a plat made from a survey by Walker McKnight, Georgia Registered Surveyor No. 864 dated October, 1965, and said plat is by reference only made a part of this description and shall be considered controlling as to the size, dimension and location of the property herein described., and Whereas, pursuant to an Act approved August 1, 1922 (Ga. L. 1922, p. 110), the trustees of the Georgia Military College were created a body corporate to be known as The Board of Trustees of Georgia Military College, and Whereas, the aforesaid Act provided that the legal title to all the property of the Georgia Military College now in the possession or hereafter to be acquired shall be in the corporate body created in said Act, and Whereas, The Board of Trustees of Georgia Military College, in their corporate capacity, are desirous of obtaining the property described in this resolution for the purpose of constructing a library building thereon and for such other related uses as may be determined, needed and practical in the future growth, enlargement and development of the educational facilities and programs of the Georgia Military College, and Whereas, application for a Federal grant is presently being processed for the construction of said library building and fee simple title to property upon which buildings are constructed with Federal grants are usually required to insure final approval of such application, and

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Whereas, the cost of the proposed library building and the equipment therein will exceed $250,000.00, and Whereas, the educational facilities of the Georgia Military College are attended by many students from the State of Georgia, and Whereas, Georgia Military College has an outstanding reputation as an educational institution, and Whereas, every effort should be made by the State of Georgia to assist in the expansion of the educational facilities of the Georgia Military College, and Whereas, the improvements proposed to be made on said described property will in no way interfere or decrease the value of the other property owned by the State in the vicinity of the property herein described, and Whereas, it is the findings of the General Assembly of Georgia that the tract or parcel of land described herein above is surplus and is not needed for State purposes; and Whereas, an easement for drainage purposes will be necessary over the lands owned by the State of Georgia in order to serve the facility which will be constructed on the tract of land hereinbefore described; and Whereas, the description of the parcel of land over which said easement is desired is described more particularly as follows: All of that certain strip, lot, tract or parcel of land measuring twenty (20) feet in uniform width, situate, lying and being in the corporate limits of the City of Milledgeville within the 320th militia district of Baldwin County, Georgia, the same being a part of the State House Square in said city as shown by Dr. Mitchell's official map and survey and being more particularly described as follows:

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Beginning at a point which said point lies along the eastern right-of-way boundary of that certain public street area or road in said city known as South Wayne Street and which said point is south 13 degrees 15 minutes east a distance of 238.3 feet from the intersection corner of said South Wayne Street with the southern right-of-way boundary of that certain public street area or road in said city known as East Green Street and proceeding thence north 77 degrees 26 minutes east a distance of 210.0 feet, along the boundary line between the boundary of the property herein described and the southern boundary of the northwesternmost remaining portion of the northwestern quadrant portion of said State House Square, to a point; thence south 13 degrees 15 minutes east a distance of 20.0 feet, along the boundary line between the eastern boundary of the property herein described and the western boundary of the easternmost remaining portion of the northwestern quadrant portion of said State House Square, to a point; thence south 77 degrees 26 minutes west along the southernmost boundary of the property herein described a distance of 210.0 feet to a point along the eastern right-of-way boundary of said South Wayne Street; thence along the eastern right-of-way boundary of said South Wayne Street north 13 degrees 15 minutes west a distance of 20.0 feet to the point of beginning. Said property is bounded as follows: On the north by other lands of the State of Georgia in said State House Square; on the east by lands now or formerly of the State of Georgia in said State House Square; on the south by other lands now or formerly of the State of Georgia in said State House Square; and on the west by the eastern right-of-way boundary of said South Wayne Street. Said above described property is herein described in accordance with the metes, bounds, courses and distances as shown by a plat, made from a survey by Walker McKnight, Georgia Registered Surveyor No. 864, dated October, 1965, and said plat is by reference only made a part of this description and shall be considered controlling

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as to the size, dimension and location of the property herein described.; and Whereas, the granting to the Board of Trustees of the Georgia Military College of an easement over the above described tract of land will not interfere with any uses to which the State of Georgia might employ said tract. 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 Board of Trustees of Georgia Military College, in their corporate capacity and their successors, for and in consideration of the sum of two hundred fifty ($250.00) dollars, all of the rights, titles and interests the State of Georgia has in the tract or parcel of land described in this resolution. Provided, however, the deed or other instrument executed by the Governor shall contain appropriate reversionary provisions wherein the property described in this resolution will revert to the State of Georgia in the event such property ceases to be used for educational purposes. Be it further resolved that upon ascertaining that the sum of two hundred fifty ($250.00) dollars has been paid into the State Treasury by The Board of Trustees of Georgia Military College, 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 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 Governor, acting for and in behalf of the State of Georgia, is hereby authorized to execute an appropriate instrument granting to the Board of Trustees of the Georgia Military College an easement

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for drainage purposes over the hereinbefore later described tract of state-owned property. Approved March 7, 1966. EXCHANGE OF LAND IN FULTON COUNTY. No. 148 (House Resolution No. 348-789). A Resolution. 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 of Georgia, of certain real property located in Fulton County, Georgia; and Whereas, said real property is more fully described as follows: ALL that tract or parcel of land lying and being in Land Lots 57 and 58 of the 14th F.F. District, Fulton County, Georgia, and more particularly described as follows: Beginning at the southwest corner of land lot 57 and running thence northwardly along the west line of said land lot 303 feet to the southeast side of Fulton Industrial Boulevard; thence northeasterly along the southwesterly side of Fulton Industrial Boulevard 718.3 feet to a point; thence west on a line parallel to the south line of said land lot 57,850 feet to a point; thence southwest on a line parallel to Fulton Industrial Boulevard a distance of 1250 feet to a point in land lot 58 which is approximately 50 feet south of the north line of said land lot 58; thence northwest 100 feet to a point on the south line of land lot 57 (the south line of land lot 57, the north line of land lot 58); 450 feet east of the southwest corner of land lot

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57; thence westerly along the south line of land lot 57, 450 feet to the point of beginning; containing 13.4 acres, more or less, as per plat of same prepared by the Fulton County Department of Planning, February, 1966; and Whereas, Fulton County owns certain land located within the area known as Fulton Industrial District and described as follows: ALL that tract or parcel of land lying and being in land lot 58 of the 14th district F.F., Fulton County, Georgia, and more particularly described as follows: Beginning at a point on the northwest side of Bakers Ferry Road, at the corner of the property of the State of Georgia known as the Georgia Training School for Girls (said point being 690 feet more or less southwesterly of the point of intersection of the east line of land lot 58 with the north side of Bakers Ferry Road as measured along the curvature of Bakers Ferry Road, and likewise being the northeast corner of the property in Fulton Industrial District and owned by Fulton County in said land lot; running thence southwesterly along the north side of Bakers Ferry Road 576 feet to a point which marks the corner of property owned by private individuals in said land lot and district; thence westerly 413.1 feet to a point; thence northwesterly 2,230 feet, more or less, to a point 50 feet south of the north line of said land lot 58; thence southeast 2,367 feet to the northwest side of Bakers Ferry Road at the point of beginning; containing 24.8 acres, more or less, as shown on the plat prepared by Fulton County Department of Planning, February, 1966; and Whereas, Fulton County desires to acquire the property of the State of Georgia first described herein in order that same may be incorporated into and developed as a part of Fulton Industrial District, and has offered in exchange therefor the property last described which it owns and which it is willing to and desires to convey to the State of Georgia, and which abuts on two sides property owned by the State of Georgia; and

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Whereas, the exchange of said properties is deemed equitable in that the properties have comparable values, and the resulting boundaries of the properties of the State and of Fulton County respectively will be less complicated and for that reason the properties will be more useful; 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 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 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 of Georgia a full and unencumbered fee simple title to the real property last above described and the delivery of said deed to the Secretary of State of Georgia. Approved March 7, 1966. SUSPENSION OF CERTAIN SALES TAXES RATIFIED. No. 149 (House Bill No. 36-48). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated July 9, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax in the base of said Sales Tax 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 July 9, 1965, which is as follows:

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Whereas: The Court of Appeals of Georgia on the 20th day of May, 1965, held in the case of Hiram K. Undercofler v. Capital Automobile Company that a federal manufacturer's excise tax is an element of the cost of property sold and said federal manufacturer's excise tax is included in the base of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act; and Whereas: The Congress of the United States has indicated a phasing out of many of these excise taxes; and Whereas: The increased State revenues have not been projected in revenue estimates and the economy of the State of Georgia is such that additional revenues from the public are not needed; it is therefore Ordered: Under the authority of Code section 40-205, that the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act attributable to the inclusion of the Federal Manufacturer's Excise Tax imposed by Sections 4061-4211 of the Internal Revenue Code of 1954 in the base of said Sales Tax be suspended until the next meeting of the General Assembly. This 9th day of July, 1965. /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 7, 1966.

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SUSPENSION OF CERTAIN USE TAXES RATIFIED. No. 150 (House Resolution No. 38-51). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on all tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein 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 31, 1965, which is as follows: Whereas: Georgia Code section 40-205 provides that the Governor 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 the Georgia use tax on all tangible personal property purchased outside of the State of Georgia by persons who at the time of purchase are not domiciled in this State but who subsequently become domiciled herein and bring said property into this State for the first time as a result of said change of domicile, provided said property is not brought into this State for use in a trade, business or profession, be suspended until the next meeting of the General Assembly. This 31st day of May, 1965. /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 7, 1966.

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SUSPENSION OF SALES TAXES ON HOLY BIBLE RATIFIED. No. 152 (House Resolution No. 37-48). A Resolution. To ratify, approve, and confirm the Executive Order of the Governor, dated March 29, 1965, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Executive Order of the Governor, dated March 29, 1965, which is as follows: Whereas: Georgia Code section 40-205 provides that the Governor of the State of Georgia may suspend collection of taxes, or any part thereof, due the State until the next meeting of the General Assembly; it is therefore Ordered: That the collection of Georgia sales and use taxes on the sale and use of Holy Bibles, Testaments and similar books commonly recognized as being Holy Scriptures, regardless of by or to whom sold, be suspended until the next meeting of the General Assembly. This 29th day of March, 1965. /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 7, 1966.

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LAND CONVEYANCE IN FRANKLIN COUNTY. No. 153 (House Resolution No. 150-304). A Resolution. Authorizing the conveyance of a certain tract of land in Franklin County to Garner D. Crump; and for other purposes. Whereas, the State Highway Department of Georgia on October 2, 1953 purchased a certain tract of land in Franklin County, Georgia, consisting of four-tenths of an acre, more or less, for the sum of $550.00, for the purpose of erecting thereon a maintenance barn; and Whereas, a small wood and metal structure was erected thereon comprising approximately 780 square feet; and Whereas, said maintenance barn is no longer needed by the State Highway Department of Georgia and is surplus property; and Whereas, the structure on said tract of land is of little value, either in its present state or as salvage; and Whereas, said property is more fully described as follows: All that tract or parcel of land lying and being in the County of Franklin, State of Georgia, 246th District G. M. and in the City of Carnesville, containing four-tenths (4/10) of an acre, more or less, and more accurately described as: Beginning at a point on the north side of the old Carnesville-Lavonia Road, where the lands of Mack Wansley corners with the lands of B. H. Dickson on the southeast; thence along said road south 60 degrees west 192 feet to a pole on said road; thence north 1 degree and 35 minutes 139 feet to a pen; thence north 73 degrees and 12 minutes east 138 feet to a tree; thence south 20

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degrees and 43 minutes east 88.5 feet to the beginning corner on said road. The said tract of land conveyed by this deed is bounded as follows: On the north and east by lands of Mack Wansley, south by the Old Carnesville-Lavonia road, and west by lands of B. H. Dickson. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, is hereby authorized to convey to Garner D. Crump of Franklin County, Georgia, the tract of land herein-above described, for and in consideration of the sum of $600.00. Be it further resolved that the proceeds from the sale of said property be remitted to the State Highway Department. Approved March 7, 1966. GAME AND FISHUSE OF POWER DRAWN NETS IN ST. ANDREWS AND CUMBERLAND SOUNDS, ETC. No. 455 (House Bill No. 158). An Act to amend an Act revising, consolidating and superseding the laws of this State relative to game and fish, approved March 7, 1955 (Ga. L. 1955, p. 483), as amended, so as to prohibit fishing for shrimp, crab or fish in any part or portion of St. Andrews Sound and Cumberland Sound and all rivers, creeks, inlets and bodies of water in any part or portion of St. Andrews Sound or Cumberland Sound with power drawn nets during certain periods of the year; to prescribe such periods; to provide for a penalty; to provide for exceptions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding the laws of this State relative to game and fish, approved

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March 7, 1955 (Ga. L. 1955, p. 483), as amended, is hereby amended by adding at the end of section 94 a new subsection to be designated subsection (j), to read as follows: (j). Any other provisions of this Act to the contrary notwithstanding, commercial fishing for shrimp, crab or fish in any part or portion of St. Andrews Sound and Cumberland Sound and all rivers, creeks, inlets and bodies of water in any part or portion of St. Andrews Sound and Cumberland Sound by dragging with power drawn nets from sundown on December 31st until sunup on March 15th and from sundown on April 14th until sunup on June 1st of each year is hereby prohibited. Any person who shall violate the provisions of this subsection shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Section 2. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 40,000 and not more than 42,000 according to the U. S. Decennial Census of 1960 or any future such census. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. REVENUEINCOME TAXESEXEMPTION FOR STUDENT DEPENDENTS. Code 92-3106 Amended. No. 461 (House Bill No. 47). 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, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 260) so as to allow a personal exemption of

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twelve hundred ($1200.00) 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 is a student as that term is defined in section 151(e) of the Internal Revenue Code of 1954; to clarify the meaning of dependent by including ward in the list of dependents; to provide an additional exemption if the taxpayer is a student as that term is defined as provided for herein; 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, particularly by an Act approved March 24, 1965, (Ga. L. 1965, p. 260), is hereby amended by striking subsection (d) thereof in its entirety and substituting in lieu thereof a new subsection (d) of Code section 92-3106 to read as follows: (d) (1) Six hundred ($600.00) dollars for each dependent (as defined in paragraph (d) (3) 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, and who is not a student as the term `student' is defined in paragraph (d) (2) below; 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, and who is not a student as the term `student' is defined in paragraph (d) (2) below. (2) Twelve hundred ($1200.00) dollars for each dependent (as defined in paragraph (d) (3) below) who is a son, stepson, daughter, stepdaughter, or ward of the taxpayer and who is a student as the term `student' is defined

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in section 151(e) of the Internal Revenue Code of 1954: Provided, that the term `educational institution' as defined in section 151 (e) of the Internal Revenue Code of 1954 shall not include primary, secondary and preparatory schools through the high school level. (3) As used in this paragraph the term `dependent' means any of the following persons over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer: (A) a son or daughter of the taxpayer, or descendent of either, (B) a stepson or stepdaughter of the taxpayer, (C) a brother, sister, stepbrother or stepsister of the taxpayer, (D) the father or mother of the taxpayer or an ancestor of either, (E) a stepfather or stepmother of the taxpayer, (F) a son or daughter of a brother or sister of the taxpayer, (G) a brother or sister of the father or mother of the taxpayer, (H) a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer. (I) a ward of the taxpayer. (J) any person who is considered as a dependent under the Georgia Revenue Act or Georgia Income Tax Act. and by adding between subsections (d) and (f) a new subsection (e) to read as follows: (e) $600.00 if the taxpayer is a student as the term `student' is defined in section 151 (e) of the Internal Revenue Code of 1954.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The provisions of this Act shall become effective for all taxable years ending on or after December 31, 1966. Effective date. Approved March 10, 1966. ATTORNEYS-AT-LAWQUALIFICATIONS OF APPLICANTS FOR ADMISSION TO BAR, EXAMINATIONS. Code 9-103 Amended, Code 9-110 Enacted. No. 460 (House Bill No. 200). An Act to amend Code Chapter 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 150), an Act approved February 15, 1952 (Ga. L. 1952, p. 262), and an Act approved April 9, 1963 (Ga. L. 1963, p. 458), so as to change the educational requirements for applicants for admission to the practice of law; to provide for certain exceptions and exemptions from the educational requirements prescribed herein; to change the provisions relating to topics and subjects of the examination; to amend an Act providing for the holding of bar examinations, approved February 26, 1945 (Ga. L. 1945, p. 151), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 293), so as to provide that there shall be not less than two examinations each calendar year; 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 9-1, relating to applicants for admission to the practice of law, as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 150), an Act approved February 15, 1952 (Ga. L. 1952, p.

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262), and an Act approved April 9, 1963 (Ga. L. 1963, p. 458), is hereby amended by striking in its entirety subparagraph (b) of Code section 9-103, relating to the qualifications of applicants for admission to the practice of law, and inserting in lieu thereof a new subparagraph (b) to read as follows: (b) The educational requirements of this section and chapter are as follows: (i) Two (2) years of college study, with credits sufficient to qualify for admission to the junior class of the University of Georgia at Athens or of one of the senior colleges of the University System of Georgia, or the substantial equivalent of such college study in point of intellectual competency and achievement as demonstrated by examination in the following subjects: English Composition, American and English History and Social Sciences, and Basic Mathematics. The Justices of the Supreme Court shall make provision by rule for the giving of equivalency examinations not less frequently than once each calendar year and shall have full power to determine and fix by rule the type of examinations to be given, the method of conducting and grading such examinations, the fees to be charged therefor, and all other matters relating thereto; and Code 9-103 amended. (ii) The successful completion of the requirements of a law school for a professional degree in law (LL.B. or its equivalent) involving regular classroom attendance over a period of not less than three school years; (iii) Provided, however, that nothing contained in this subparagraph (b) shall apply to or affect anyone who, on the effective date of this amendment, is a high school graduate and has successfully completed the requirements of a law school for a professional degree in law (LL.B. or its equivalent), involving regular classroom attendance over a period of not less than two school years; and provided further, the provisions of subparagraph (b) shall not apply to anyone who has previously unsuccessfully taken the examination for admission to the practice of law prescribed

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by this Chapter, nor shall it apply to any high school graduates who are, at the time of the effective date of this amendment, regularly enrolled in a law school, or who, at such time, are bona fide engaged in the study of law in the office of one or more active members of the State Bar of Georgia or under such practitioner's tutelage; and provided, further, the provisions of subparagraph (b) (ii) shall not apply to anyone who, at the time of the effective date of this amendment, is regularly enrolled as a student in a law school, and any such person shall be allowed to take the examination for admission to practice law at any time after he has completed the requirements necessary for 2 academic years in said law school and before July 1, 1969. Any person claiming the exemptions from the application of this subparagraph (b) must file in writing, within ninety days of the effective date of this amendment, with the Board of Bar Examiners, in such form as the Board may require, a claim asserting such exempted status. Section 2. Said Chapter is further amended by adding thereto Code section 9-110 to read as follows: 9-110. Topics and subjects of the examination .The applicant must be examined touching his knowledge of such subjects pertaining to the practice of law and pertaining to his qualifications for admission to the practice of law as may seem advisable to the Board of Bax Examiners; also, touching his knowledge of: (1) The principles of the common law and statutes of England, of force in this State; (2) The law of pleading and evidence; (3) The principles of equity; (4) The Code of this State, the Constitutions of the United States and of this State, and the rules of practice in the Supreme Court of Georgia, the Court of Appeals of Georgia and the superior courts of this State. Provided that no question on any bar examination shall be framed so as to require the applicant to include as part

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of his answer the title or the name of the author of any book, or the style or citation of any decision. Section 3. An Act providing for the holding of bar examinations, approved February 26, 1945 (Ga. L. 1945, p. 151), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 293), is hereby amended by striking from section 1 the following: provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons. There shall be held not less than two such examinations during each calendar year, the dates of which shall be fixed by the Justices of the Supreme Court, except that in the year 1963, the two examinations shall be held as previously provided in this section., and inserting in lieu thereof the following: provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons, except as provided by law. There shall be held not less than two such examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court. so that when so amended section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act, the Justices of the Supreme Court shall be authorized to make and adopt rules as to the making of application to take examination and as to the time, manner and places of holding examinations for admission to the Bar of this State and are hereby specifically authorized to provide for the holding of said examinations under the supervision of the Board of Bar Examiners at not more than three cities, under such rules and regulations as may be prescribed by them, and may provide for said examination to be held over such period of days as in their judgment shall be fair to the applicant

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for examination, provided, that nothing in this Act shall be construed as limiting applicants for admission to the Bar to college trained persons, except as provided by law. There shall be held not less than two such examinations during each calendar year, the date or dates of which shall be fixed by the Justices of the Supreme Court. Section 4. This Act shall become effective on May 1, 1966, and shall apply to all examinations given after that date. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. REWARDS FOR ARREST OF FELONS. Code 27-101 Amended. No. 462 (House Bill No. 50). An Act to amend Code section 27-101, relating to rewards offered by the Governor for the arrest of felons, as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 693), so as to increase the reward which may be offered by the Governor in capital felonies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-101, relating to rewards offered by the Governor for the arrest of felons, as amended by an Act approved March 6, 1962 (Ga. L. 1962, p. 693), is hereby amended by striking from the first sentence from Code section 27-101 the figure 500 and inserting in lieu thereof the figure 1,000 so that when so amended Code section 27-101 shall read as follows: 27-101. Governor may offer rewards for arrest of felons . The Governor shall, in his discretion, offer, and cause to

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be paid, rewards for the detection or apprehension of the perpetrator of any felony committed within this State, such reward not to exceed the sum of $250 in case of felonies not capital, and not to exceed the sum of $1,000 in capital felonies; but no such reward shall be paid to any officer who shall arrest such person in the regular discharge of his duty, by virtue of process in his hands to be executed, nor to any person who has arrested the offender previously to the publication of the reward. Whenever the Governor receives reliable information that any gin house has been unlawfully burned or set on fire, he shall offer a reward of not less than $250, nor more than $500, for the apprehension of the incendiary with proof sufficient to convict, and in no event shall the reward be paid until after the conviction of the offender. The Governor shall, at his discretion, offer, and cause to be paid, rewards for the detection or apprehension of cattle thieves stealing cattle within this State; such reward shall not exceed the sum offered by the Georgia Livestock Association or the Georgia Cattlemen's Association and in no event shall such sum exceed $500; said reward for cattle thieves shall not be paid until after the conviction of the offender or offenders. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. STATE EMPLOYEES' HEALTH INSURANCE ACT AMENDED. No. 463 (House Bill No. 48). An Act to amend an Act authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended by an Act approved February 13, 1962 (Ga. L. 1962, p. 51), an Act approved April 2, 1963 (Ga. L. 1963, p. 277), and an Act approved March 3, 1964 (Ga. L. 1964, p. 196), so as to remove the provision

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excluding coverage of certain dental care and treatment from the health insurance authorized to be provided by the Board; to provide that the spouse or dependent child or children of certain persons covered by the health insurance provided by the Board shall be entitled to continue coverage upon the death of such person; to provide that the spouse or dependent child or children of certain persons covered by the health insurance provided by the Board shall be entitled to resume coverage upon the death of such employee; to provide that certain persons covered by any health insurance provided by the Board may withdraw from such plan and discontinue his coverage thereunder and to provide the effect thereof; 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 authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, approved March 16, 1961 (Ga. L. 1961, p. 147), as amended by an Act approved February 13, 1962 (Ga. L. 1962, p. 51), an Act approved April 2, 1963 (Ga. L. 1963, p. 277), and an Act approved March 3, 1964 (Ga. L. 1964, p. 196) is hereby amended by striking from section 4 the following: 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;, so that when so amended section 4 shall read as follows: Section 4. Such health insurance shall not include expenses incurred by or on account of an individual prior to the effective date of the plan as to him; 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

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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. Dental care, etc. Section 2. Said Act is further amended by adding between section 8 and section 9 a new section to be known as section 8A to read as follows: Section 8A(a) Any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who is the primary or principal beneficiary of said contract or contracts for health insurance and who dies on or after March 1, 1966 having at least 20 years creditable service as determined pursuant to the provisions of the Act establishing an employees retirement system known as Employees Retirement System of Georgia, approved February 3, 1949 (Ga. L. 1949, p. 138), as amended, may be entitled to continued such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the Board. The Board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance and resumption of coverage by any such spouse or dependent child or children. Coverage for families of deceased employees, etc. (b) Any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this Act at the time of death of any employee, annuitant or other person who was the primary or principal beneficiary of said contract or contracts for health insurance and who died during the period from July 1, 1962 to and including April 30, 1966, may be entitled to resume such coverage upon agreeing to pay contributions

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to the cost of such coverage as may be provided by rules and regulations of the Board. The Board may promulgate and adopt rules and regulations governing the resumption, continuance and discontinuance of coverage by any such spouse or dependent child or children. Section 3. Said Act is further amended by adding a new subsection to section 15 to be known as subsection (c) to read as follows: (c) Any annuitant or person appointed to an emeritus position or person eligible to be covered by the medical care for the aged program of the social security administration included in the coverage of any health insurance plan established as provided in this Act may withdraw from such plan and discontinue his coverage thereunder in such manner as may be provided by rules and regulations promulgated and adopted by the Board. In the event any such annuitant or person appointed to an emeritus position withdraws from such plan and discontinues his coverage thereunder, coverage of his spouse and dependent child or children shall likewise be withdrawn and coverage thereunder discontinued. The employee and covered dependents will be provided with benefits in full or in an amount which when added to the benefits payable under the medical care for the aged program of the Social Security Administration shall not exceed 100 per cent of the allowable expenses. Coverage for annuitants, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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GEORGIA INSURANCE CODE AMENDEDEXAMINATIONS FOR LICENSES. Code 56-806b Amended. No. 464 (House Bill No. 15). An Act to amend Code section 56-806b, relating to the examination of certain applicants for licenses issued by the Insurance Commissioner, so as to exempt applicants for certain of such licenses who have successfully completed certain of the examinations given by the Society of Chartered Property and Casualty Underwriters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-806b, relating to the examination of certain applicants for licenses issued by the Insurance Commissioner, is hereby amended by adding at the end thereof a new subparagraph to subsection (3) to be known as subparagraph (f), and to read as follows: (f) Any applicant for a license as an agent, solicitor, broker, counselor or adjuster who shall furnish to the satisfaction of the Commissioner proof that he has successfully completed all of the examinations prescribed by the Society of Chartered Property and Casualty Underwriters of the American Institute for Property and Liability Underwriters, Inc., leading to the degree of a Chartered Property and Casualty Underwriter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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REVENUETAXES ON BANK SHARES, ETC. Code 92-2406 Amended. No. 465 (House Bill No. 337). An Act to amend Code section 92-2406, relating to the taxation of the shares of banks and banking associations organized under the authority of this State or of the United States located within this State, as amended, so as to provide for the proper calculation of the market value of the shares of such a bank, by fixing the market value of the shares as the capital, surplus, and undivided profits of the bank or banking association reduced by the ownership by such a bank of all the capital stock of a corporation holding, leasing or owning premises in which such bank carries on its business; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-2406, relating to the taxation of the shares of banks and banking associations organized under the authority of this State or of the United States located within this State, as amended, is hereby amended by striking said code section in its entirety and inserting in lieu thereof a new Code section 92-2406, to read as follows 92-2406 . No tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State or of the United States located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non resident owners, shall be taxed at their full market value which is hereby fixed, and shall be determined by adding together the amount of the capital, surplus, and undivided profits accounts of the bank or banking association and dividing the result by the number of outstanding shares, at the same rate provided by law for the taxation of tangible property in the hands of private individuals, provided, that nothing in this section shall be construed to relieve such banks or banking associations from the tax on real estate held or

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owned by them, but they shall return said real estate at its true value in the county, municipality and taxing district where such real estate is located, provided, further, that when real estate is fully paid for the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. The banks or banking associations themselves shall make the returns of their shares and pay the taxes thereon as herein provided. Banks or banking associations which have no branches shall return all of the shares of all stockholders of such banks or banking associations for taxation in the counties, municipalities and districts in which such banks or banking associations are located. Banks or banking associations which have branches shall return for taxation in the respective counties, municipalities and districts in which the banks or banking associations and their branches are located such proportion of the shares of all stockholders of such banks or banking associations as the total deposits on January 1 of each year originating in accounts attributable to each of all such branches and the main office bear to the grand total of all deposits on January 1 of each tax year of such banks or banking associations and shall pay to the respective counties, municipalities and taxing districts the taxes on such proportions of said shares. At the time that a bank or banking association makes its tax returns in the respective counties, municipalities and taxing districts, the bank or banking association shall file with such return a sworn statement showing the total amount of deposits of such bank or banking association on January 1, of such tax year and the amount of the deposits on January 1 of such tax year originating in accounts attributable to the main office and attributable to the branch offices of such bank or banking association. The taxing authorities of each such county, municipality and taxing district are authorized to examine the books of such bank or banking association to determine the correctness of such sworn statement, and may disallow any unreasonable unallocated reserves. Provided, further, that banks and trust companies doing a general banking business shall not be required to pay any income tax.

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Where a bank or banking association organized under the authority of this State or of the United States located within this State owns all of the capital stock of a corporation holding, leasing or owning premises in and on which such bank carries on its business, and an ad valorem tax is levied on such real estate, such bank or banking association may deduct from the market value of its shares the market value of its equity in said real estate, measured by the market value of its capital stock in the holding corporation. A transfer by a bank or banking association of deposits from one branch or office to another branch or office to secure a reduction in the rate of tax on its shares or to change the situs of taxation of any proportion of its shares shall be wholly ineffective for such purpose and the bank or banking association making such transfer shall pay to the county, municipality and taxing district from which was made such transfer, in addition to the tax hereinbefore imposed, 25 per cent of that part of the taxes on its shares which would have been avoided if such transfer had changed the situs of taxation of a proportion of its shares. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. DUTIES OF HOTEL KEEPERS ON BEACHESCODE SECTIONS REPEALED. Code 26-7302 through 26-7307 Repealed. No. 466 (House Bill No. 558). An Act to repeal Code section 26-7302, relating to hotel keepers on beaches keeping lifeboats and other related items; to repeal Code section 26-7303, relating to the protection of surf bathers by life savers, as amended; to repeal Code section 26-7304, relating to certain other

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duties of the proprietors of hotels and other related places on the seacoast; to repeal Code section 26-7305, relating to tide flags; to repeal Code section 26-7306, relating to penalties; to repeal Code section 26-7307, relating to penalties for removing or tampering with lifelines and preservers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-7302, which reads as follows, is hereby repealed in its entirety. 26-7302. Hotelkeepers, etc., on beaches, required to keep lifeboats, etc. The proprietor or keeper of every hotel, boarding house, or other public house or bathhouse on the seacoast, where the public may resort for purposes of surfbathing, shall at all times, during the surfbathing season, keep and maintain at their respective establishments, in full view and accessible to bathers and guests of such houses, a suitable and seaworthy lifeboat or liferaft, fully equipped with oars, oarlocks, life preservers and liferopes, and mounted upon a proper wheeled carriage, which boat or raft and appliances shall be kept at all times ready for instant use, in case of emergencies to bathers requiring the use thereof; and in default of complying with the provisions of this section, such proprietor or keeper shall be guilty of a misdemeanor, and in addition to the penalty for such offense, he shall not have the right to collect any charge or debt from any guest of such house, the consideration of which is board, lodging, or other service rendered such guest during the surfbathing season by the proprietor or keeper. Repealed. Section 2. Code section 26-7303, which reads as follows, is hereby repealed in its entirety. 26-7303. Protection of surf bathers by life savers .The proprietor or keeper of a hotel, boarding house, or other public house or bathhouse on the seacoast, to which the public may resort for purposes of surf bathing, shall at all times, during the surf bathing season, keep an expert swimmer attired in a bathing suit, said bathing suit to be

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bright solid red, the shirt of which shall have on the breast thereof, in large white letters, the words `Life Saver'. Said expert swimmer shall at all times patrol the beach, on the constant lookout for anyone who may require assistance, and shall at no time leave the beach while bathing is in progress, and shall, so far as is practicable and in his power, warn all bathers of the danger attending those who bathe while the tide is running out, and also of the danger of sloughs or gullies on the beach, and shall at all times protect and assist any bather who shall need assistance. Repealed. Section 3. Code section 26-7304, which reads as follows, is hereby repealed in its entirety. 26-7304. Other duties of proprietor .At the beginning of each bathing season, every proprietor of any hotel, boarding house, or other public house or bathhouse on the seacoast, or any other person or persons renting bathing suits on the seacoast, shall have placed in boxes, which shall not be more than 100 yards apart, a reel on which shall be wound 300 feet of rope not less than one-fourth of an inch in diameter, and said rope shall have attached to one end of the line a cork life preserver of standard manufacture, capable of supporting on the water not less than two persons weighing 150 pounds each. Said boxes shall be placed at a point not exceeding 10 feet from high-water mark, and shall be raised not more than four feet from the beach, and on each box shall be printed, in plain letters, the following notice: `Box contains lifeline and life preserver, to be used only in case of emergency. Not to be removed or tampered with'. Repealed. Section 4. Code section 26-7305, which reads as follows, is hereby repealed in its entirety. 26-7305. Tide flags .When the tide turns, and is running out, a red flag, on which shall be written, in large white letters, the words, `Tide Running Out', shall be run up on the flag pole, which said flag pole shall not be further than 10 feet from high-water mark, and in plain view of all bathers. Repealed.

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Section 5. Code section 26-7306, which reads as follows, is hereby repealed in its entirety. 26-7306. Penalties .Any such proprietor of a hotel or boarding house or bathhouse, or other person renting bathing suits, who fails to comply with the provisions of the three preceding sections, shall be guilty of a misdemeanor, and in addition thereto shall forfeit the right to collect any charge or debt from any guest of such hotel or boarding house or bathhouse, the consideration of which is boarding, lodging, or other service rendered such guest during such surfbathing season by the proprietor or keeper. Repealed. Section 6. Code section 26-7307, which reads as follows, is hereby repealed in its entirety. 26-7307. Removing lifeline or preservers .Any person removing or tampering with the lifeline or preservers mentioned in section 26-7304, or using the same except for the purpose of relieving persons in danger, shall be guilty of a misdemeanor. Repealed. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. REQUIREMENTS FOR REGISTRATION AS A GRADUATE NURSE. Code 84-1008 Amended. No. 467 (Senate Bill No. 114). An Act to amend Code section 84-1008, relating to the qualifications of applicants for registration as graduate nurses, as amended by an Act approved January 31, 1946, (Ga. L. 1946, p. 89), so as to provide for an additional method of qualifying for registration as a graduate nurse; 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 84-1008, relating to the qualifications of applicants for registration as graduate nurses, as amended by an Act approved January 31, 1946, (Ga. L. 1946, p. 89), is hereby amended by adding at the end of the first sentence of said Code section, immediately before the period, the following: , or shall have graduated from an associate degree program in nursing administered by junior colleges, colleges or universities utilizing hospital and other clinical facilities, such program not to be less than two academic years in length, so that when so amended, Code section 84-1008 shall read as follows: 84-1008 . Each applicant for registration as a graduate nurse shall be at least 20 years of age, of good moral character, a graduate of a regular chartered training school for nurses, connected with a general hospital or sanatorium (in which medical, surgical, obstetrical, and pediatric cases, and where men, women, and children, are treated) where three years of training with a systematic course of instruction on the above-mentioned classes of cases is given in the hospital or other educational institution, or shall have graduated from a training school connected with a hospital of good standing, supplying a three years' training corresponding to the above standard, which training may be obtained in two or more hospitals, or shall have graduated from an associate degree program in nursing administered by junior colleges, colleges or universities utilizing hospital and other clinical facilities, such program not to be less than two academic years in length. All qualifications of the applicant shall be determined by the State Board of Examiners of Nurses for Georgia, which is empowered to prescribe such examinations for the applicants as will best test their fitness and ability to give efficient care to the sick. All applicants at the same examination shall be subject to the same kind of examination: Provided, that the Board of Examiners shall have the power to grant advanced

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credit, not in any case in excess of 12 months, for didactic and laboratory work done in an accredited college, or for credits, either time or scholastic, earned in an institution other than the one from which graduated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CONTRACTS AND DEEDS OF INFANTS. Code 20-201, 29-106 Amended. No. 468 (Senate Bill No. 14). An Act relating to the contracts, conveyances, and other consensual transactions of minors, particularly minors the age of 18 or more and married; to revise and consolidate certain laws and code sections relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 20-201 relating to infants' contracts, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 20-201 to read as follows: 20-201. Infants' Contracts . Generally the contract of an infant is voidable. If in a contractual transaction an infant receives property or other valuable consideration, and, after arrival at the age of majority, retains possession of such property or continues to enjoy the benefit of such other valuable consideration, he shall have thereby ratified or affirmed the contract and it shall be binding on him. The contract of an infant for necessaries shall be binding on him as if he were of legal majority except that the party furnishing them to him must prove that the parent or guardian of such infant had failed or refused to supply sufficient

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necessaries for him. The contracts, promissory notes, conditional sales contracts and any other consensual transactions of a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority. Section 2. Code section 29-106, relating to deeds of an infant, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code section 29-106 to read as follows: 29-106. Deeds of an Infant . The deed, security deed, bill of sale, bill of sale to secure debt, or any other conveyance of property or interest in property to or by an infant is voidable. If an infant has conveyed property or an interest in property, he may void such conveyance upon arrival at the age of majority; making another conveyance at that time will void the first conveyance without reentry or repossession. If property or an interest in property has been conveyed to an infant, and, after arrival at the age of majority, he retains the possession or benefit of such property or interest in property, he shall have thereby ratified or affirmed the conveyance. The deeds, security deeds, bills of sale, bills of sale to secure debt and any other conveyances of property to or by a minor who is 18 years of age or older and married shall be as effective as though such minor were of the age of majority. Section 3. It is the intent of the General Assembly that the substance of the Act approved April 5, 1961 (Ga. L. 1961, p. 453), an Act approved March 4, 1964 (Ga. L. 1964, p. 212) and an Act approved March 25, 1965 (Ga. L. 1965, p. 234) has been included in the revisions made herein to Code sections 20-201 and 29-106. Accordingly, these Acts, all of which relate to the contracts and conveyances of minors who are 18 years of age or older and married, are hereby repealed. It is intended that that portion of section 1A added by the Act approved March 24, 1965 to the Act approved April 5, 1961, as amended, related to emancipated minors be repealed and no effect therefrom be read into Code sections 20-201 and 29-106 as herein revised. Intent, prior Act repealed.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. FISCAL AFFAIRS SUBCOMMITTEES OF SENATE AND HOUSE OF REPRESENTATIVES. No. 469 (Senate Bill No. 183). An Act to create Fiscal Affairs Subcommittees of the Senate and the House of Representatives; to provide for the composition, duties, powers and meetings of such subcommittees; to provide for funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a Fiscal Affairs Subcommittee of the Appropriations Committee of the Senate and a Fiscal Affairs Subcommittee of the Appropriations Committee of the House of Representatives. Each of said subcommittees shall be composed of ten (10) members of each of the aforesaid committees, the ten (10) members from the House of Representatives shall be selected by the Speaker of the House of Representatives and the ten (10) members from the Senate shall be selected by the President of the Senate. Such subcommittees shall meet once each quarter for the purpose of reviewing budget object transfers and shall annually report to the General Assembly any recommended changes in the Budget Act. The members of the subcommittees shall receive for such meetings the compensation, per diem, expenses and allowances authorized for legislative members of interim legislative committees. Funds necessary to carry out the provisions of this Act shall come from the funds appropriated to and available to the legislative branch of the government. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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DUTIES OF DRUG STORE PROPRIETORS RESPECTING REGISTERED PHARMACISTS. Code 84-1318 Amended. No. 470 (Senate Bill No. 158). An Act to amend Code section 84-1318, relating to the duties of drug store proprietors respecting registered pharmacists, as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), so as to provide that drugs, medicines or poisons shall not be dispensed except under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 84-1318, relating to the duties of drug store proprietors respecting registered pharmacists as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1471), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new Code section 84-1318 to read as follows: 84-1318. Duty of drug store proprietors respecting registered pharmacists . It shall be unlawful for any proprietor, owner or manager of any drug store or pharmacy to allow any person in his employ except a registered pharmacist to compound, mix or dispense any drugs, medicines, or poisons, except an employee under the immediate supervision of a registered pharmacist. No drugs, medicines or poisons intended for human consumption or use on human beings shall be compounded, mixed or dispensed except by a registered pharmacist, or an employee or person under the immediate supervision of a registered pharmacist. No registered pharmacist shall have more than one drug store or pharmacy under his supervision. The proprietor, owner or manager of any drug store or pharmacy shall have a registered pharmacist present and available in such drug store or pharmacy at all times during which drugs, medicines or poisons are compounded, mixed or dispensed.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. STATE HIGHWAY DEPARTMENTMERIT SYSTEM COVERAGE FOR EMPLOYEES. No. 471 (Senate Bill No. 133). An Act to amend an Act establishing a merit system of personnel administration for state employees, approved February 4, 1943 (Ga. L. 1943, pp. 171-177), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, pp. 221-224), so as to authorize the State Highway Department to extend merit system coverage to employees in the State Highway Department not presently covered under said system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a merit system of personnel administration for state employees, approved February 4, 1943 (Ga. L. 1943, pp. 171-177), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, pp. 221-224), is hereby amended by striking in its entirety section 2 of said amendatory Act of 1952, which reads as follows: Section 2. This Act shall not, however, apply to the maintenance employees of the State Highway Department of Georgia, and such maintenance employees of said department shall not be under the Merit System., Repealed. and substituting in lieu thereof a new section 2 to read as follows: Section 2. Notwithstanding the provisions of Act No. 125, Ga. L. 1949, pp. 504-506, the State Highway Department is hereby authorized in its discretion to use the procedures set forth in section 1 of this Act to bring under

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the rules and regulations of the State Personnel Board any positions of the State Highway Department not presently covered under the provisions of the Merit System Act, Ga. L. 1943, pp. 171-177, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. MUNICIPAL HOME RULE ACT OF 1965 AMENDED. No. 472 (Senate Bill No. 5). An Act to amend an Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), so as to change and clarify the provisions relating to the calling of referendum elections; to provide that municipalities may use their Home Rule powers to change the time for holding municipal elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. L. 1965, p. 298), is hereby amended by striking section 3, paragraph (b), subparagraph 2 in its entirety and substituting in lieu thereof a new subparagraph 2 to read as follows: 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

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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 50 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 within one week after the determination of the validity of the petition. The governing authority shall set the date of such election for a day not less than 14 nor more than thirty days after the date of the issuance of the call. 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 2 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 by the public. The recording officer of the municipal governing authority shall furnish anyone, upon written request, a copy of the proposed amendment. 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 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

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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. Referendum elections. 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 2. Said Act is further amended by striking section 4, paragraph (a), subparagraph 1 in its entirety and substituting in lieu thereof two new subparagraphs to be designated subparagraphs 1 and 2, to read as follows: 1. Action affecting the composition or form of the municipal governing authority and action affecting the compensation and expenses and allowances in the nature of compensation for the members of the municipal governing authority. 2. Action affecting the terms of office and the procedures connected with the election or appointment of the members of the municipal governing authority; provided, however, municipalities may use the powers granted by paragraphs (a) and (b) of section 3 to change the hours for holding municipal elections. Elections. Section 3. Said Act is further amended by redesignating subparagraphs 2, 3, 4, 5, 6 and 7 of section 4(a) as subparagraphs 3, 4, 5, 6, 7 and 8 respectively. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDEDBOARD OF EXAMINERS IN OPTOMETRY. Code 84-1110B Amended. No. 473 (Senate Bill No. 90). An Act to amend Code Chapter 84-11, relating to the practice of optometry, as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 214), so as to provide that appeals taken to certain actions of the Board of Examiners in Optometry shall be taken in accordance with the Georgia Administrative Procedure Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 84-11, relating to the practice of optometry, as amended, particularly by an Act approved March 22, 1963 (Ga. L. 1963, p. 214), is hereby amended by striking in its entirety Code section 84-1110B, relating to appeals to the superior courts of certain actions taken by the Board of Examiners in Optometry, and substituting in lieu thereof, the following: Section 84-1110B . Actions of the Georgia State Board of Examiners in Optometry in granting, refusing to grant or renew a license issued under this Chapter, or in revoking or suspending or refusing to revoke or suspend any such license, shall be subject to appeal to the Superior Court in accordance with and subject to the provisions of section 20 of the Georgia Administrative Procedure Act (Act No. 838, Ga. L. 1964, p. 338 et seq.), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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EXCHANGE OF MINERAL RIGHTS IN PROPERTY IN MURRAY COUNTY. No. 159 (House Resolution No. 136-255). A Resolution. Authorizing the exchange and conveyance of certain property rights in real property located in Murray County, Georgia by and between the State of Georgia, and The Cohutta Talc Company, a Georgia corporation; and for other purposes. Whereas, the State of Georgia is the owner of certain real property in Murray County, Georgia upon which Fort Mountain State Park is located except certain subterranean mineral rights, and Whereas, said State-owned real property includes all that tract or parcel of land lying and being in land lot no. 280 of the 26th district of Murray County and land lot no. 292 of the 26th district of Murray County, and Whereas, The Cohutta Talc Company, a Georgia corporation, owns certain subterranean mineral rights in a portion of said land lot no. 292, and Whereas, the State of Georgia is the fee simple owner of a portion of said land lot no. 280, and Whereas, the State Department of Education is desirous of constructing a television transmitter on the real property located in said land lot no. 292 wherein The Cohutta Talc Company, a Georgia corporation, own subterranean mineral rights, and Whereas, fee simple title to the real property in land lot no. 292 upon which said television transmitter is to be constructed is necessary, and Whereas, The Cohutta Talc Company, a Georgia corporation, by and through its board of directors, is agreeable

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to exchange the subterranean mineral rights it has in the real property located in land lot no. 292 for subterranean mineral rights in an equal tract or parcel of land in land lot no. 280, and Whereas, it is the finding of the General Assembly of Georgia that said exchange of subterranean mineral rights in the properties herein described is adequate and just and is necessary for the proper operations of the State Government. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor, acting for and on behalf of the State of Georgia, for and in consideration of the mutual benefits flowing to the State of Georgia and to The Cohutta Talc Company, a Georgia corporation, be and he is hereby authorized and empowered to exchange, grant, sell and convey unto The Cohutta Talc Company, a Georgia corporation, its successors and assigns, subterranean mineral rights in all that tract or parcel lying and being in land lot no. 280 of the 26th district of Murray County in which the State owns fee simple interest, provided that the said tract or parcel of land in which such subterranean mineral rights are conveyed does not exceed the size of that tract or parcel of land in land lot no. 292 of the 26th district of Murray County in which The Cohutta Talc Company, a Georgia corporation, owns subterranean mineral rights and provided further the conveyance herein authorized to be made by the Governor shall not be made until such time as The Cohutta Talc Company, a Georgia corporation, by and through its proper authority executes and delivers to the State of Georgia a deed or other instruments which shall place fee simple title in all that tract or parcel of land located in land lot no. 292 of the 26th district of Murray County in which The Cohutta Talc Company, a Georgia corporation, owns subterranean mineral rights. Be it further resolved that 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 other written instruments that may be necessary

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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 tracts or parcels of land herein described. Approved March 10, 1966. STATE HOSPITAL AUTHORITY ACT AMENDEDBONDS. No. 474 (House Bill No. 251). An Act to amend an Act known as the State Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 19, 1941 (Ga. L. 1941, p. 250), and as particularly amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 666), so as to increase the amount of bonds which the State Hospital Authority may issue; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the State Hospital Authority Act, approved February 1, 1939 (Ga. L. 1939, p. 144), as amended and recreated by an Act approved February 19, 1941 (Ga. L. 1941, p. 250), and as particularly amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 666), is hereby amended by striking from section 5 the words thirty five million dollars and inserting in lieu thereof the words fifty million dollars outstanding at any time so that when so amended section 5 shall read as follows: Section 5. Revenue bonds .The authority, or the authority created under the Act of the General Assembly of 1941, approved February 6th, 1941, appearing on pp. 250-253 inclusive, of the Acts of 1941, or any authority which has or which may in the future succeed to the powers,

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duties and liabilities vested in the authority created in the Act here sought to be amended shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in addition to those which have already been issued by said authority, in a sum not to exceed the total sum of fifty million dollars outstanding at any time, of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects under or for any department or agency of the State of Georgia. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates payable semi-annually, shall mature at such time or times not exceeding forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the chairman of the authority and the official seal of the authority shall be affixed thereto and attested by the secretary-treasurer of the authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons

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

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conditions and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more projects at any one institution. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. SALE OF COUNTY OWNED REAL PROPERTY IN CERTAIN COUNTIES (42,050 - 43,000). Code 91-804.1 Amended. No. 475 (House Bill No. 622). An Act to amend an Act entitled An Act to amend Code Chapter 91-8 pertaining to general provisions on inventory and sale of public property... approved March 17, 1959 (Ga. L. 1959, p. 325) as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1124) as amended by an Act approved March 28, 1961 (Ga. L. 1961, pp. 195-6) as amended by an Act approved February 16, 1962 (Ga. L. 1962, pp. 65-6) as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 239) so as to provide for the private sale, conveyance, transfer or other disposition of county property under certain conditions and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by Authority of the same: Section 1. The period at the end of the third sentence of section 1 of said Act approved March 17, 1959 (Ga. L.

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1959, p. 325), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 1124), as amended by an Act approved March 28, 1961 (Ga. L. 1961, pp. 195-6) as amended by an Act approved February 16, 1962 (Ga. L. 1962, pp. 65-6) as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 239) is hereby stricken and a comma inserted in lieu thereof and there shall be added thereto the following: provided, however, any county of the State of Georgia having a population of not less than 42,050 nor more than 43,000 by the United States Census of 1960, or any future United States Census, the ordinary or other governing authorities of such county shall have the right to negotiate and consummate a private sale, disposition, transfer or conveyance of any county-owned property to a charitable corporation with the advice and approval of the grand jury, notwithstanding the provisions of said 1959 statute, so that section 1 of said Act, now designated as Georgia Annotated 91-804.1, as amended, shall read as follows: Prior to the sale or other disposition of any real property belonging to any county of this State, notice of the contemplated sale or disposition of such property shall be published in the official organ of the county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. The provisions of this section shall not apply to redemption of property held by any county under a tax deed, the granting of easements, rights-of-way, the sale, conveyance or transfer of road rights-of-way and the sale, transfer or conveyance to any other body politic, provided, however, any county of the State of Georgia having a population of not less than 42,050 nor more than 43,000 by the United States Census of 1960, or any future United States Census, the ordinary or other governing authorities of such county shall have the right to negotiate and consummate a private sale, disposition, transfer or conveyance of any county-owned property to a charitable corporation with the advice and approval of the grand jury, notwithstanding the provisions of said 1959 statute. This section shall not apply to any option to sell or dispose of any real property belonging

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to any county of this State that was granted by said county prior to March 17, 1959. This section shall not apply to the sale of any real property belonging to any county in this State where the property was by the proper governing authority of the county advertised for 10 consecutive days in the newspaper in which the sheriff's advertisements for said county are published and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of said advertisement, and an option given in accordance with said sale for the purchaser who had deposited a part of the purchase price to pay the balance within 365 days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961. Section 2. All laws and parts of law in conflict herewith be and the same are hereby repealed. Approved March 10, 1966. DEPARTMENT OF AGRICULTURE REGISTRATION, LICENSE AND PERMIT ACT. No. 476 (House Bill No. 488). An Act to be entitled Department of Agriculture Registration, License and Permit Act; to require persons applying to the Department of Agriculture for the State of Georgia for registration, a license and/or a permit in accordance with any law or regulation, to designate a place in Georgia where the applicant may be personally served with legal process, or to appoint an agent for acceptance of service of legal process, or to designate the Secretary of State to accept such service; to provide that application to the Department of Agriculture for the State of Georgia for registration, license and/or permit shall constitute an admission that the applicant is doing business in Georgia; to provide that any applications to the Department of Agriculture for the State of Georgia for

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registration, license and/or permit may be denied by the Commissioner for violation of any law administered by the Department of Agriculture for the State of Georgia or any regulation or quarantine of the Department of Agriculture for the State of Georgia; to provide that no registration, license and/ or permit shall be denied without opportunity for hearing in accordance with the Georgia Administrative Procedure Act; to provide for the revocation of any outstanding registration, license and/or permit when the holder of same or any officer or agent of the holder of same is found by the Commissioner to have violated any law administered by the Department of Agriculture for the State of Georgia or any regulation or quarantine of the Department of Agriculture for the State of Georgia; to provide that no registration, license and/or permit shall be revoked without opportunity for hearing in accordance with the Georgia Administrative Procedure Act; to provide for severability; 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 Department of Agriculture Registration, License and Permit Act. Short title. Section 2. From and after the date of approval, this Act shall apply to all applications to the Department of Agriculture for the State of Georgia for registration, license and/or permit required by law or regulation. Intent. Section 3. All applications to the Department of Agriculture for the State of Georgia for registration, license and/or permit shall designate an address in Georgia where the applicant can be personally served with legal process, or shall contain an appointment of an agent in Georgia for acceptance of service of legal process, together with the agent's Georgia address, or shall contain a designation of the Secretary of State of Georgia for acceptance of service of legal process. A copy of said application shall be forwarded to the Secretary of State by the Department of Agriculture. Contents of applications.

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Section 4. The filing of an application with the Department of Agriculture for the State of Georgia for registration, license and/or permit shall constitute an admission by the applicant that the applicant is doing business in Georgia. Intent. Section 5. The Commissioner of Agriculture may deny registration, a license and/or a permit to any applicant with a criminal record, or to any applicant who is found by the Commissioner of Agriculture to have violated any law administered by the Department of Agriculture for the State of Georgia or any regulation or quarantine of the Department of Agriculture for the State of Georgia. A registration, license and/or permit may be denied to a corporation where any of its officers has a criminal record or is found by the Commissioner of Agriculture to have violated any law administered by the Department of Agriculture for the State of Georgia or any regulation or quarantine of the Department of Agriculture for the State of Georgia. In the case of partnerships, all parties should be considered applicable for the purpose of this section. Provided, however, no registration, license and/or permit shall be denied, as provided herein, without opportunity for hearing in accordance with the provisions of the Georgia Administrative Procedure Act. Grounds to deny registration, etc. Section 6. The Commissioner of Agriculture may revoke any outstanding registration, license and/or permit where the holder of same or any officer or agent of the holder of the same is found by the Commissioner to have violated any law administered by the Department of Agriculture for the State of Georgia or any regulation or quarantine of the Department of Agriculture for the State of Georgia. Provided, however, no registration, license and/or permit shall be revoked, as provided herein, without opportunity for hearing in accordance with the provisions of the Georgia Administrative Procedure Act. Grounds to revoke registration, etc. Section 7. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary to carry out the provisions and intentions of this Act and not inconsistent with law. Rules.

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Section 8. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA HEALTH CODE AMENDEDPUBLICATION OF INFORMATION BY HOSPITALS, ETC. Code 88-1908 through 88-1910 Enacted. No. 478 (House Bill No. 220). An Act to amend Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, so as to provide that any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institution involved, governmental health agencies, organized medical associations and societies, and in-hospital staff committees in the course of a medical study for the purpose of reducing morbidity or mortality; to provide that such information and material so furnished may be used only for the purpose of advancing medical research and medical education; to provide for

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general publication of a summary of said studies; to provide an exemption from liability for those furnishing such information and for those studying and publishing the results and summaries of such studies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 88-19, constituting a part of the Georgia Health Code, relating to regulations of hospitals and related institutions, is hereby amended by adding after Code section 88-1907 a new Code section to be known as Code section 88-1908, to read as follows: 88-1908 . Any hospital, sanitorium, medical or skilled nursing home or other organization rendering patient care may provide information, interviews, reports, statements, memoranda, or other data relating to the condition and treatment of any person to research groups approved by the medical staff of the institution involved, governmental health agencies, medical associations and societies, and any in-hospital medical staff committee, to be used in the course of any study for the purpose of reducing morbidity or mortality, and no liability of any kind or character for damages or other relief shall arise or be enforced against any person or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research, medical education or to achieve the most effective use of health manpower and facilities, or by reason of having released or published generally a summary of such studies. Section 2. Said Code Chapter is further amended by adding after Code section 88-1908 a new code section to be known as Code section 88-1909, to read as follows: 88-1909 . The research groups approved by the medical staff of the institution involved, governmental health agencies, organized medical associations and societies or any in-hospital medical staff committee shall use or publish said material only for the purpose of advancing medical

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research, medical education or to achieve the most effective use of health manpower and facilities, in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. Section 3. Said Code Chapter is further amended by adding after Code section 88-1909 a new code section to be known as Code section 88-1910, to read as follows: 88-1910 . In all events the identity of any person whose condition or treatment has been studied, as provided in section 88-1908, shall be confidential and shall not be revealed under any circumstances. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. STATE BOARD OF BARBERS ACT AMENDED. Code 84-409 Amended. No. 479 (House Bill No. 219). An Act to amend Code section 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration, as amended by an Act approved February 27, 1956 (Ga. L. 1956, p. 316), an Act approved March 11, 1963 (Ga. L. 1963, p. 56), and an Act approved April 8, 1965 (Ga. L. 1965, p. 603), so as to change the qualifications and requirements an applicant must meet prior to receiving a master barber's certificate of registration; to remove residence requirements; to provide that residence requirements shall not apply to a student attending a barber school or college in this State; 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 84-409, relating to the qualifications and requirements prescribed prior to issuing a master barber's certificate of registration, as amended by an Act approved February 27, 1956 (Ga. L. 1956, p. 316), an Act approved March 11, 1963 (Ga. L. 1963, p. 56), and an Act approved April 8, 1965 (Ga. L. 1965, p. 603), is hereby amended by striking therefrom: 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 substituting in lieu thereof the following: and has completed a course of instruction of at least 1,500 hours given by an accredited barber school or college, and has subsequently served for a minimum of 18 additional months as an apprentice in a barber shop under the supervision of a barber who has held a certificate of registration as a master barber for at least three (3) years, Qualifications for registration. and by striking the words has been a resident of the State of Georgia for at least six (6) months, so that when so amended said Code section shall 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 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)

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years of age, of good moral character, has been a resident of the State of Georgia for at least 6 months, is free from contagious and infectious diseases, and has completed a course of instruction of at least 1,500 hours given by an accredited barber school or college, and has subsequently served for a minimum of 18 additional months as an apprentice in a barber shop under the supervision of a barber who has held a certificate of registration as a master barber for 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 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. Notwithstanding

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any other provision of this chapter, residence requirements shall not apply to a student attending a barber school or college in this State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA INSURANCE CODE AMENDEDEXAMINATION FOR LICENSES. Code 56-805a Amended. No. 480 (House Bill No. 14). An Act to amend Code section 56-805a, relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, so as to allow certain applicants who have completed certain examinations to receive such licenses without the necessity of taking certain written examinations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-805a, relating to the examination of applicants for certain licenses issued by the Insurance Commissioner, is hereby amended by adding in subsection (1) a new subparagraph to be known as subparagraph (e), and to read as follows: (e) When the applicant shall furnish to the satisfaction of the Commissioner proof that he has successfully completed all of the examinations prescribed by the Society of Chartered Life Underwriters of the American College of Life Underwriters leading to the degree of a Chartered Life Underwriter. and by adding at the end of subsection (2) of said section the following:

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Provided, however, that an applicant for a license to act as a counsellor who shall furnish to the satisfaction of the Commissioner proof that he has successfully completed all of the examinations prescribed by the Society of Chartered Life Underwriters of the American College of Life Underwriters leading to the degree of a Chartered Life Underwriter shall not be required to take the written examination provided for in this subsection prior to the issuance of such a license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA WATER QUALITY CONTROL ACT AMENDED. No. 481 (House Bill No. 335). An Act to amend an Act known as the Georgia Water Quality Control Act approved March 11, 1964 (Ga. L. 1964, p. 416) so as to amend the powers of the Georgia Water Quality Control Board to remove the requirement of a mandatory hearing prior to the rendition of any order by the Board; to change the use of existing agencies; to provide for the appointment of hearing officers; to provide procedure for the conduct of hearings relative to any order of the Georgia Water Quality Control Board or any action relative to a permit issued pursuant to the Georgia Water Quality Control Act; to incorporate into the administrative procedures of this Act certain applicable sections of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338, et seq., as amended); 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 Water Quality Control Act approved March 11, 1964 (Ga. L. 1964, p. 416)

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is hereby amended by striking therefrom the last sentence of subsection (13) of section 5 so that when so amended, subsection (13) of section 5 shall read as follows: (13) Issue an order or orders directing any particular person or persons to secure within the time specified therein such operating results as are reasonable and practicable of attainment toward the control, abatement, and prevention of pollution of the waters of the State and the preservation of the necessary quality for the reasonable use thereof. Orders. Section 2. Said Act is hereby further amended by striking therefrom the term Department of Conservation from paragraph (3) of section 8 so that when so amended, paragraph (3) of section 8 shall read as follows: (3) On the performance of its duties, under this Act, the Board insofar as practicable shall make use of the technical and clerical personnel within the State Game and Fish Commission and the Department of Agriculture. The Board may also request and receive the assistance of any other State Department or Division or any State educational institution. Assistance of other departments. Section 3. Said Act is hereby further amended by striking therefrom section 12 in its entirety and substituting in lieu thereof a new section 12, which when so inserted shall read as follows: Section 12. Contested Cases; Notice; Hearing; Record; Decisions; Orders; Rules of Evidence; Official Notice; Examination of Evidence by Agency: (1) Whenever a person is aggrieved or adversely affected by any action or by any order or orders of the Board or any action or order or orders pursuant to authority delegated by the Board, such person may request and obtain a hearing by filing a petition with the Board. Section 14 of the Georgia Administrative Procedure Act (Ga. L. 1964, p. 338, et seq., as amended by Ga. L. 1965, p. 290) shall apply insofar as applicable to the administrative procedure necessary under this Act; provided, however, that subparagraph (b) of section 14 of the Georgia Administrative Procedure Act as amended by Ga. L.

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1965, p. 292, relative to the administration of the revenue laws is deleted thereform, the same not being applicable to the administrative procedure necessary under this Act; (2) Sections sixteen (16), seventeen (17), and eighteen (18) of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 338, et seq., as amended, which is incorporated herein by this reference, shall apply to all hearings held under the provisions of this Act. Section 4. Said Act is hereby further amended by striking therefrom section 13 in its entirety and substituting in lieu thereof a new section 13, which when so inserted shall read as follows: Section 13. Judicial Review: (1) Any person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision in a contested case is entitled to judicial review under this Act. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy. In this connection, all proceedings for judicial review shall be in accordance with subsections (a), (b), (c), (d), (e), (f), (g), and (h) of section 20 of the Georgia Administrative Procedure Act, Ga. L. 1964, p. 354, et seq. (2) The Board or any other party to the proceeding may secure a review of the final judgment of the superior court to the appellate courts of this State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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REVENUEMOTOR FUEL TAXESWATERCRAFT. Code 92-1403 Amended. No. 482 (House Bill No. 55). An Act to amend Code section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 312), and an Act approved March 30, 1965 (Ga. L. 1965, p. 399), so as to eliminate therefrom those provisions, relating to the storage capacity of certain watercraft, as they pertain to the exemption of the tax on certain purchases of motor fuel therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 92-1403, relating to the levy of a motor fuel tax and certain exemptions therefrom, as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 312), and an Act approved March 30, 1965 (Ga. L. 1965, p. 399), is hereby amended by striking from the first paragraph of subsection (J) of said Code section the following: which contains a gasoline storage capacity in excess of 50 gallons, and by striking from subsection (J) (2) (a) the following: watercraft containing a storage capacity in excess of 50 gallons, and substituting in lieu thereof the following: a watercraft, so that when so amended the first paragraph of subsection (J) of Code section 92-1403 and subsection (J) (2) (a) of said Code section shall read as follows: (J) Motor Fuel for watercraft .Any person who shall purchase gasoline in quantities of 25 gallons or more at any

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one time and place in the supply tank of a watercraft from any facility located upon any part of what is commonly known as the intercoastal waterway for the use of operating said watercraft upon navigable waters, no part of which is used for any purpose other than propelling the watercraft in which the gasoline was placed when purchased, shall be entitled to a refund of all the State tax on such gasoline except one cent per gallon, subject to the conditions set forth in this subsection. The right to receive any refund under the provisions of this subsection shall not be assignable and any assignment thereof shall be utterly void and of no effect. Nor shall any payment thereof be made by the Treasurer of the State to any person other than the original person entitled thereto using motor fuel as hereinabove set forth in the subsection. (a) Refund shall be allowed only for tax paid on gasoline when purchased in quantities of 25 gallons or more at any one time and placed in the supply tank of a watercraft and listed by the vendee in his application for permit, or a sworn supplement thereto, such purchases having been made from a facility located upon any part of what is commonly known as the intercoastal waterway for the use of operating said watercraft upon navigable waters. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. EMINENT DOMAINJUST AND ADEQUATE COMPENSATION DEFINED. Code 36-1117 Amended. No. 483 (House Bill No. 323). An Act to amend Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, an Act relating

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to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, and an Act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. L. 1961, p. 517), as amended, so as to define the phrase, just and adequate compensation as contained therein and pursuant to the authority contained within Article I, Section III, Paragraph I of the Constitution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 36-11, relating to the condemnation of property by those authorities who possess the power of eminent domain, as amended, is hereby amended by adding at the end thereof a new Code section to be known as Code section 36-1117 and to read as follows: 36-1117 . In determining or estimating just and adequate compensation, to be paid to the property owner for property condemned for public road and street purposes, neither the board of assessors, nor the jury, in the event of an appeal to a jury under the provisions of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised. It is further provided, however, that the provision of the immediately preceding paragraph of this section shall not apply where the filing of the condemnation proceeding for

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the acquisition of the property is delayed more than three years from the date upon which the original location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period. The Condemning Authority shall cause the petition for condemnation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said county, to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore provided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor. In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the board of assessors, or the verdict of the jury, in the event of an appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to

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the remaining property, from which the property actually taken was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but on the other hand the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property actually taken for such public improvement. Section 2. An Act relating to the procedure of condemnation of property before a special master, approved March 13, 1957 (Ga. L. 1957, p. 387), as amended, is hereby amended by adding following section 16 a new section to be known as section 16-A and to read as follows: Section 16-A. In determining or estimating just and adequate compensation to be paid to the property owner for property condemned for public road and street purposes, neither the special master, nor the jury, in the event of an appeal to a jury under the provision of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised. It is further provided, however, that the provision of the immediately preceding paragraph of this section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three

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years from the date upon which the location of the highway, public road, or street is determined, as shown by the records of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period. The Condemning Authority shall cause the petition for condemnation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said county, to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheirff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinbefore provided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor. In determining just and adequate compensation for property taken or condemned under said described Statute for public road and street purposes, the award of the special master, or the verdict of the jury, in the event of an appeal under the provisions of said Statute, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken

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was cut off, and which consequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property taken for such public improvement. Section 3. An Act relating to the condemnation of property for state-aid, public road purposes, approved April 5, 1961 (Ga. L. 1961, p. 517), as amended, is hereby amended by adding following section 10-A a new section to be known as section 10-B and to read as follows: Section 10-B. In determining or estimating just and adequate compensation to be paid to the property owner for property condemned for public road and street purposes, neither the Condemning Authority, nor the jury, in the event of an appeal to a jury under the provisions of said Statute, shall be restricted to the agricultural or productive qualities of such property, but inquiry shall be made as to all other legitimate purposes to which the property could be appropriated. The date of taking as herein contemplated shall be the date of the filing of the condemnation proceedings for the acquisition of the property. In fixing and determining the amount of just and adequate compensation to be paid for property actually taken, consideration shall not be given to any increase or decrease in the value of the property actually taken resulting from the improvements, or the anticipation thereof, in connection with which the right of eminent domain is being exercised. It is further provided, however, that the provision of the immediately preceding paragraph of this section shall not apply where the filing of the condemnation proceeding for the acquisition of the property is delayed more than three years from the date upon which the location of the highway, public road, or street is determined, as shown by the records

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of the condemning agency; and, in those cases where property is acquired for the Federal-Aid System of Public Roads, and participated in by Federal Funds, the date upon which the United States Bureau of Public Roads, a branch of the Department of Commerce of the United States, approves the location of such highway shall be the controlling date in calculating such three year period. The Condemning Authority shall cause the petition for condemnation to set forth the date of the approval of the original location of the highway, as hereinbefore provided for. It shall be the further duty of the Condemning Authority, within thirty days from the date of said original approval and designation of said location as a highway, to cause the location of said highway in said county, to be advertised once each week for four consecutive weeks in the newspaper of the county in which the sheriff's advertisements are carried; and said advertisement shall designate the land lots or land districts of said county through which such highway will be located. Said advertisement shall further show the date of the said original location of such highway as hereinabove provided for. Said advertisement shall further provide that a plat or map of the project showing the exact date of the original location is on file at the office of the State Highway Department, Atlanta, Georgia (address will be published) and any interested party may obtain a copy of same by writing to the State Highway Department and paying a nominal cost therefor. In determining just and adequate compensation, for property taken or condemned under said described Statute for public road and street purposes, the award of the Condemning Authority, or the verdict of the jury, in the event of an appeal under said Statutes, shall, in addition to fixing the value of the land actually taken and used for such purposes, under the definition heretofore set out in the immediately preceding paragraphs hereof, take into consideration the prospective and consequential damages to the remaining property, from which the property actually taken was cut off, and which con sequential damages result to such remaining property because of the location of such public road or street upon the portion actually taken; but, on the

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other hand, the increase of the value of such remaining property from the location of such public road or street shall be considered. Such consequential benefits, if any, may be off-set against such consequential damages, if any; but, in no event, shall consequential benefits be off-set against the value of the property actually taken for such public improvement. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. MOTOR VEHICLESSPEED LIMITS OF VARIOUS VEHICLES. Code 68-703 Repealed. No. 488 (House Bill No. 90). An Act to repeal Code section 68-703, relating to the maximum permissible speed for certain vehicles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 68-703, relating to the maximum permissible speed for certain vehicles, which reads as follows: 68-703. Speed limits for various vehicles . No such motor vehicle or combination of vehicles, whose total length, including load and parts, equals or exceeds 25 feet, or whose gross weight, including load and parts, equals or exceeds 6,000 pounds, shall be operated on the public highways at a speed in excess of 33 miles per hour; and no other motor vehicle for hire shall be operated on the highways at a rate of speed greater than 40 miles per hour. Motor vehicles of not exceeding two tons in weight, including load, engaged exclusively in the carriage of daily newspapers, and passenger vehicles weighing not over 5,000 pounds including load,

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may be operated at a rate of speed not exceeding 40 miles per hour., Repealed. is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA WATER QUALITY CONTROL ACT AMENDED. No. 489 (House Bill No. 52). An Act to amend an Act entitled Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), so as to authorize the state to make grants to assist in construction of water pollution control projects with or without federal aid and assistance; to provide for the appropriation of funds as they may become available as contribution toward the construction of water pollution control projects by counties and municipalities whether or not federal aid is available; to remove the limitation of the amount of the state's contribution to water pollution control projects; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled Georgia Water Quality Control Act, approved March 11, 1964 (Ga. L. 1964, p. 416), is hereby amended by adding at the end of section 25 the following: The State of Georgia is further authorized to make grants as funds are available to any county, municipality or any combination of the same by appropriate action of the General Assembly of Georgia with or without qualification for federal aid and assistance as hereinbefore set forth where the need of such county, municipality or combination is shown. Grants of funds.

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Section 2. Said Act is further amended by striking in its entirety section 26 and substituting in lieu thereof a new section 26 to read as follows: Section 26. Amount of Grant . The state's contribution toward the construction of water pollution control projects shall not be limited by percentage contribution and the State of Georgia may make grants to counties, municipalities or combinations of same in any amount up to the full cost of the construction of such projects where local need is shown and where such funds are available. State funds may be provided for such projects or portions of projects wherever the need may exist in conjunction with or in addition to federal grants as might be received under Title 33, Section 466-466(k) of the United States Code Annotated. Section 3. Said Act is further amended by inserting between sections 28 and 29 a new section to be numbered section 28A and to read as follows: Section 28A. It is the intent of this Act that full advantage be taken of all funds available under the provisions of the aforesaid federal act, but the State of Georgia shall not be limited in its contribution and where no funds are available under the federal act as aforesaid, the State of Georgia shall be authorized to appropriate funds for the alleviation of pollution problems and for the construction of water pollution control projects throughout the State of Georgia as the need may be shown by counties, municipalities or combinations of same and such grants by the state may be made for specific communities or for water pollution control projects to be determined by the Water Quality Control Board and administered by same. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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STATE COUNCIL FOR THE PRESERVATION OF NATURAL AREAS. No. 490 (House Bill No. 304). An Act to create a State Council for the preservation of Natural Areas; to provide for a short title; to provide for definitions; to provide for the appointment of its members and their terms of office; to provide for its officers and to define their duties; to provide for a quorum; to provide for clerical help; to provide for rules and procedures; to provide for the duties, powers, and authority of the Council; 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. Short Title .This Act shall be known as and may be cited as the State Council for the Preservation of Natural Areas Act. Section 2. Definition of terms used in this law .The following terms shall have the meanings respectively ascribed to them, unless the context of this Act clearly indicates otherwise: Council shall mean the State Council for the Preservation of Natural Areas hereinafter created. Natural Areas shall, for the purpose of this Act, be defined to mean a tract of land in its natural state set aside and permanently protected or managed for the purpose of preservation of native plant or animal communities or rare or valuable individual members of such communities or any other natural features of outstanding scenic or geological value. Section 3. State Council for the Preservation of Natural Areas; creation; members; appointment; terms of office; vacancies .There is hereby created the State Council for

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the Preservation of Natural Areas which shall consist of eight (8) members to be appointed in the following manner: (1) One representative to be appointed by the State Game and Fish Commission for a term to be determined at the discretion of said commission. (2) One representative to be appointed by the State Forestry Commission for a term to be determined at the discretion of said Commission. (3) One representative from the Department of State Parks, to be appointed for a term to be determined at the discretion of the Director of said Department. (4) Two representatives from the University System of Georgia to be appointed by and for a term to be determined by The Georgia Association of Colleges. (5) Two representatives from the Private Colleges and Universities of the State to be appointed by and for a term to be determined by The Georgia Association of Colleges. (6) One representative from the Georgia Soil and Water Conservation Commission for a term to be determined at the discretion of the said Commission. In the event any member fails or is unable to serve the full term for which he is appointed, the appropriate agency responsible for his appointment shall appoint a person to serve for the unexpired term. Such member shall be eligible for reappointment. Section 4. Officers; meetings, quorum .The representative of the Department of State Parks shall be the Secretary and Executive Officer of the Council, and the State Parks Department shall be the administrative agent of the Council. The Executive Officer shall call the first meeting of the Council at the State Capitol not less than six (6) months after the approval of this Act by the Governor or after it otherwise becomes law. The Council shall select a chairman from among the members at this first meeting. Meetings may be called at the request of any two members, and may

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be held as often as necessary, but not less than once each year. Four (4) members of the Council shall constitute a quorum. Section 5. Minutes, clerical help .The Secretary of the Council shall be responsible for preparing and editing the minutes of the meeting of the Council. The State Parks Department or any other State Department mentioned in Section 3 of this Act shall, if so requested by the Council, provide stenographic and clerical services for the preparation of the minutes and reports of the Council. Section 6. Rules of Procedure .It shall be the duty of the Council to adopt rules of order and by-laws by which all meetings shall be conducted. Said rules of order and by-laws shall be recorded in the minutes by the Secretary. Section 7. Duties, powers, and authority of the Council .It shall be the duty of the Council and it shall have the power and authority to: (a) Determine the acceptance or rejection of areas of special scientific interest that may be offered as a donation by individuals or organizations for preservation. (b) Make recommendations to appropriate federal agencies or national scientific organizations of areas in the State that are considered worthy to be listed as natural areas of national importance. (c) Advise the parks department and other agencies on matters pertaining to gifts, grants, donations, acquisition, development, utilization and maintenance of natural areas, including determinations as to the extent of multiple use that may be allowed on approved natural areas that are a part of a state park, state forest, public hunting ground or similar property. (d) Prepare and publish an official state list of natural areas available for research and the teachings of conservtion and natural history, and recommend publication of studies made in connection with these areas.

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(e) Cooperate with federal agencies, other states, counties, or organizations concerned with similar purposes. (f) Take such other action as may be deemed advisable to facilitate the administration, development, maintenance or protection of the natural area system or any part or parts thereof. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA ADMINISTRATIVE PROCEDURE ACT AMENDED. No. 491 (House Bill No. 642). An Act to amend an Act known as the Georgia Administrative Procedure Act, approved March 10, 1964 (Ga. L. 1964, p. 338), as amended, so as to change the cross-reference referring to section 14(d) as the same appears in subsection (b) of section 18, so that said cross-reference shall refer to section 14(a) (4); 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. p. 338), as amended, is hereby amended by striking from the last sentence of subsection (b) of section 18 the following: section 14(d) and inserting in lieu thereof the following: section 14(a) (4), so that when so amended the last sentence of section 18 shall read as follows: Nothing in this section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under section 14(a) (4).

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA BIOLOGICAL PERMIT ACT OF 1966. No. 492 (House Bill No. 560). An Act to amend an Act entitled 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; 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 by striking the entire Act and enacting in lieu thereof an Act to be known as The Georgia Biologicals Permit Act of 1966; to define terms; to safeguard the public health and promote the public welfare; to require every producer, manufacturer, distributor, or sales outlet selling, offering for sale, exposing for sale, distributing,

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or storing biologicals to register with and obtain a permit from the Department of Agriculture prior to engaging in such activity; to prohibit any person, firm, corporation, or partnership from engaging in such activities without a permit or while its permit is suspended or revoked; to authorize the Commissioner of Agriculture to prescribe and furnish forms for the registration and application for permit; to authorize the Commissioner of Agriculture to issue permits; to deny permits for a previous violation of the law or any regulation of the Department of Agriculture by the applicant, a partner of the applicant, or any officer of the applicant; to provide that certain producers, manufacturers, or distributors shall not be required to obtain permits under conditions prescribed in this Act; to provide that permits issued hereunder be posted in a conspicuous place; to provide that any violation of section 4 or 5 of this Act shall constitute a misdemeanor and be punishable as the law provides; to authorize the Commissioner of Agriculture to make and publish rules and regulations to carry out the provisions and intent of this Act; to authorize the Commissioner of Agriculture to revoke or suspend a permit for any violation of this Act or any rule or regulation promulgated by the Commissioner; to provide that except where revocation or termination is automatic under the terms of this Act, no license, permit, or certificate shall be revoked or suspended without opportunity for a hearing in accordance with the Georgia Administrative Procedure Act; to authorize the Commissioner of Agriculture to employ personnel necessary to effectuate this Act; to authorize the Commissioner or any injured parties, in addition to other remedies, to enjoin violations of the provisions of this Act; to provide that violations may be enjoined even though such violations constitute a misdemeanor and adequate remedies at law are available; to provide that permits shall not be transferable; to provide for temporary continuance of permits on the death of a permit holder; to designate certain activities in connection with the manufacture, sale, or delivery, holding for sale, offering for sale or storage of any biologicals which shall constitute violations of this Act; to authorize the Commissioner of Agriculture

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to suspend or revoke a permit for any violation of section 11 of this Act, subject to the rights of the party under the Georgia Administrative Procedure Act; to provide that the Commissioner shall have the right to seize, destroy, or withhold from sale any adulterated, misbranded, or contaminated biologicals; to provide for severability; to repeal all 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 Biologicals Permit Act of 1966. Short title. Section 2. The Georgia Biological Permit Act approved March 12, 1965 (Ga. L. 1965, p. 177) is hereby repealed in its entirety. 1965 Act repealed. Section 3. For the purposes of this Act, the following terms shall be given the indicated meaning, unless the context clearly denotes a different meaning: (a) The term Department shall mean the Department of Agriculture. (b) The term Commissioner shall mean the Commissioner of Agriculture. Definitions. (c) The term biologicals shall be defined as medicinal preparations made from living organisms and their products, including serums, vaccines, antigens and antitoxins which are for use on poultry and animals, excluding humans. (d) The term adulterant shall mean a substance used as an addition to another substance for sophistication or adulteration. (e) The term adulteration shall mean an addition of an impure, cheap, or unnecessary ingredient to cheat, cheapen, or falsify a preparation. (f) The term contaminant shall mean something that causes contamination, such as a foreign organism developing accidentally in a pure culture.

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(g) The term contamination shall mean the soiling or making inferior by contact or mixing. Section 4. Every producer, manufacturer, distributor, or sales outlet selling, offering for sale, exposing for sale, distributing, or storing biologicals as herein defined shall register with and obtain a permit from the Department of Agriculture prior to engaging in such activities. No person, firm, or partnership shall engage in any such activities without a permit or while its permit is suspended or revoked. The registration and application for a permit shall be made on a form prescribed by the Commissioner. Upon compliance with the provisions of this Act, the applicant shall be issued a permit by the Commissioner for all biological products manufactured, distributed, or sold by the applicant. A previous violation of the law or any regulation of the Department of Agriculture by the applicant shall constitute just cause for refusal of a permit. Provided, however, that the provisions of this Act shall not apply to any department of Federal or State Government or any County Board of Health, or any joint City-County Board of Health or any licensed graduate veterinarian, whose primary use of biologicals is in his practice, or any retail establishment which purchases pre-packaged biologicals not under its private label from a producer, manufacturer, distributor, or sales outlet registered under this Act for sale to the general public only. Retail establishments selling biologicals, the producer, manufacturer, and distributor neither of which are registered under this Act, must obtain a separate permit for the biologicals obtained from each non-registered source. Permits. Section 5. Permits issued under the provisions of section 4 of this Act shall be posted in a conspicuous place in said business. Same. Section 6. Any violation of sections 4 or 5 of this Act shall constitute a misdemeanor and shall be punishable as the law provides. Crimes. Section 7. The Commissioner of Agriculture shall make and publish such rules and regulations as he deems necessary

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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 violation of this Act or any rule or regulation promulgated by the Commissioner; provided, however, that except where revocation or termination is made automatic by this Act, 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, etc. 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. The Commissioner or any person, corporation, firm, or association in addition to the remedies set forth herein may obtain from a court of competent jurisdiction an injunction to restrain continued violation of the provisions of this Act. The grant of an injunction is authorized notwithstanding the fact that such violation also constitutes a misdemeanor and notwithstanding the availability of adequate remedies at law. Injunctions. Section 10. Permits issued under the provisions of this Act shall not be transferable. Upon the death of a person to whom such a permit has been issued, the permit issued to such deceased person shall continue in full force and effect for a period of ninety (90) days from the date of the death of such person, provided the Commissioner is notified of said death within thirty (30) days from the date thereof. During the ninety-day period, renewal shall not be required and the permit shall in all respects be subject to the provisions of this Act. The permit shall terminate upon the expiration of the ninety day period. Permits. Section 11. The following acts and the procurement, causing, aiding or abetting of such acts within the State of Georgia are prohibited:

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(a) The manufacture, sale or delivery, holding or offering for sale or storage of any biologicals that are adulterated, mislabeled, or contaminated; Prohibited acts. (b) The receipt in commerce of any adulterated, mislabeled, or contaminated biologicals known to be such and the delivery or proffered deliver thereof with like knowledge for pay or otherwise. (c) The willful dissemination of false advertisement concerning any biologicals; (d) The refusal to permit entry or inspection of any premises wherein biologicals are sold, held for sale or stored and the refusal to permit the taking of a sample of any such biologicals; (e) The giving of a guaranty or undertaking which is false except when such guaranty or undertaking is given by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of a manufacturer, producer, distributor or sales outlet holding a permit from the Department and from whom he received the biologicals in good faith; (f) The removal or disposal of detained or embargoed biologicals except by the Commissioner or his duly authorized agents; (g) The adulteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of any biologicals, or the doing of any other act with respect to biologicals, 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 of any such biologicals covered by this Act, any representation or suggestion that such biologicals have been approved by the Department of Agriculture. Section 12. For any violation of section 11, or for any violation of any rule or regulation promulgated by the

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Commissioner, the Commissioner shall have the right to suspend or revoke the permit required by section 4, subject, however, to the right of hearing outlined in section 7 of this Act. Revocation of permits. Section 13. The Commissioner shall have the right to seize, destroy or withhold from sale any adulterated, misbranded or contaminated biologicals. Contraband. Section 14. 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 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES, ETC. AMENDED AS TO CERTAIN COUNTIES (14,486 - 14,540). No. 493 (House Bill No. 712). An Act to amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. L.

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1964, p. 771), so as to authorize the sale of distilled spirits or alcoholic beverages for beverage purposes on the premises in certain counties and municipalities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors, approved February 3, 1938 (Ga. L. 1937-38, Ex. Sess., p. 103), as amended, particularly by an Act which became effective without the signature of the Governor (Ga. L. 1964, p. 771), is hereby amended by adding a new section to be known as section 30A to read as follows: Section 30A. Any provision of this or any other law to the contrary notwithstanding, the governing authority of every county in the State of Georgia having a population of not less than 14,486 and not more than 14,540 according to the United States Decennial Census of 1960 or any such future census, and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell distilled spirits or alcoholic beverages for beverage purposes by the drink, said sales to be for consumption only on the premises. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such license and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this section, included but not limited to the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under the provisions of this Act shall be authorized to sell distilled spirits at wholesale to any person or persons licensed as provided in this section, and the person or persons so licensed under this section shall be authorized to purchase such distilled spirits from a licensed wholesaler at wholesale.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. ACT PROHIBITING THROWING OF LITTER, ETC. ON HIGHWAYS AMENDED. No. 494 (House Bill No. 109). An Act to amend an Act prohibiting the throwing or depositing of trash, garbage, or other substances upon the public roads or public property of this State, approved February 18, 1955 (Ga. L. 1955, p. 198), so as to change the penalty for throwing or depositing of trash, garbage, or other substances upon the public roads or public property of this State; to provide that the operator of the vehicle from which such materials or substances are thrown or fall shall be deemed prima facie to have committed such offense; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act prohibiting the throwing or depositing of trash, garbage, or other substances upon the public roads or public property of this State, approved February 18, 1955 (Ga. L. 1955, p. 198), 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. Any person who throws or places or causes to be thrown or placed, or leaves in such a way that it is likely to fall, be blown or tracked onto the right-of-way of any public road, highway, or other public property of the State of Georgia, any trash, paper, garbage, cans, bottles, debris, litter, nails, tacks, glass, crockery, scrap iron, wire or other like materials of an offensive nature, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100.00)

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dollars, or imprisonment not to exceed thirty (30) days, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PRACTICE AND PROCEDUREPERSONAL JURISDICTION OVER PERSONS DOING BUSINESS IN GEORGIA. No. 495 (House Bill No. 480). An Act to provide for personal jurisdiction over any non-resident, or his executor or administrator, as to a cause of action arising from the transaction of business within this State, or the commission of a tortious act within this State, or owning, using or possessing real property situated within this State; to provide for the effect of the appearance; to provide for service of process in all such cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A court of this State may exercise personal jurisdiction over any non-resident, or his executor or administrator, as to cause of action arising from any of the acts, ownership, use or possession enumerated in this section, in the same manner as if he were a resident of the State, if in person or through an agent, he: (a) Transacts any business within this State; or (b) Commits a tortious act within this State, except as to a cause of action for defamation of character arising from the act; or (c) Owns, uses or possesses any real property situated within this State.

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Section 2. Where personal jurisdiction is based solely upon this section, an appearance does not confer such jurisdiction with respect to causes of action not arising from an act enumerated in section 1 of this Act. Section 3. A person subject to the jurisdiction of the courts of the State under section 1 of this Act, or his executor or administrator, may be served with a summons without the State, in the same manner as service is made within the State, by any person authorized to make service by the laws of the state, territory, possession or country in which service is made or by any duly qualified attorney, solicitor, barrister, or equivalent in such jurisdiction. Section 4. Venue in cases arising hereunder shall lie in any county wherein the business was transacted, the act occurred, or the real property is located. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA INSURANCE CODE AMENDEDINVESTMENTS OF DOMESTIC INSURERS. Code 56-1022 Amended. No. 496 (House Bill No. 226). An Act to amend Code section 56-1022, relating to eligible investments of domestic insurers, as amended by an Act approved March 31, 1965 (Ga. L. 1965, p. 409), so as to provide that mortgage loans on single family residential dwellings may not exceed eighty (80%) per cent of the value of the real property or leasehold securing same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 56-1022, relating to eligible investments of domestic insurers, as amended by an Act approved

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March 31, 1965 (Ga. L. 1965, p. 409), is hereby amended by striking the second sentence of subsection (1) which read as follows: No such loan or loans when made shall exceed seventy-five (75%) per cent of the value of the real property or leasehold securing the same, as determined by competent appraisers, unless guaranteed or insured by the Administrator of Veterans Affairs or insured by the Federal Housing Commissioner as provided in subsections (3) and (4) below., and substituting in lieu thereof the following: No such loan or loans when made on single family residential dwellings shall exceed eighty (80%) per cent, nor on other real property shall exceed seventy-five (75%) per cent of the value of the real property or leasehold securing the same, as determined by competent appraisers, unless guaranteed or insured by the Administrator of Veterans Affairs or insured by the Federal Housing Commissioner as provided in subsections (3) and (4) below., so that when so amended subsection (1) shall read as follows: (1) Bonds, notes or other evidences of indebtedness, in addition to those eligible under Section 56-1016 (corporate bonds and debentures) which are secured by first mortgage or deed of trust or deed to secure debt upon fee simple, unencumbered improved or income-producing real property located in the United States or Canada, including leasehold estates in such real estate. No such loan or loans when made on single family residential dwellings shall exceed eighty (80%) per cent, nor on other real property shall exceed seventy-five (75%) per cent of the value of the real property or leasehold securing the same, as determined by competent appraisers, unless guaranteed or insured by the Administrator of Veterans Affairs or insured by the Federal Housing Commissioner as provided in subsections (3) and (4) below. Unless the loan is guaranteed or insured by a governmental agency, as above provided.

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the appraisal must be certified to by two or more company officers, or qualified employees, or by two independent appraisers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. STATE BOARD OF OSTEOPATHIC EXAMINERSLICENSING. Code 84-1207, 84-1208 Amended. No. 497 (House Bill No. 553). An Act to amend Code Chapter 84-12, relating to establishing the State Board of Osteopathic Examiners, as amended, so as to provide that persons wishing to obtain a license to practice osteopathy in this State shall, in addition to other requirements, furnish satisfactory evidence of having completed one year of training as an intern in a hospital in good standing with the State Board of Osteopathic Examiners; to provide that any person who is a graduate of a legally incorporated and reputable college of osteopathy shall be eligible to stand any regular examination given by the board; to provide for the conditions upon which licenses by reciprocity are granted by the said State Board of Osteopathic Examiners; 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 84-12, relating to establishing the State Board of Osteopathic Examiners, as amended, is hereby amended by striking Code section 84-1207, relating to examination of applicants for license to practice osteopathy, in its entirety and inserting in lieu thereof a new Code section 84-1207, to read as follows:

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84-1207. Examination of applicants for license to practice osteopathy; qualifications of applicants; renewal of licenses; fees . Any person desiring to enter upon the practice of osteopathy shall make a written application through the Joint-Secretary, State Examining Boards, to the State Board of Osteopathic Examiners for a license to practice osteopathy, accompanied by a fee of $25.00 together with satisfactory proof that the applicant is at least 21 years of age, is of good moral character, has a certificate of graduation from an accredited high school or other preparatory school requiring and giving 4 year courses of the same grade; a certificate showing the completion of not less than 2 years of college work, in an approved college of arts and sciences, and has obtained a diploma from some legally incorporated and reputable school of osteopathy, requiring a course of study of at least 4 terms of 9 months each. Upon complying with these conditions, the State Board of Examiners, if satisfied with the same, shall admit said applicant to examination before them, which examination shall include the subjects as set out in the Osteopathic Acts of 1909 to-wit: Anatomy, Physiology, Chemistry, Toxicology, Pathology, Diagnosis, Hygience, Obstetrics, Gynecology, Surgery, Medical Jurisprudence, Principles of Osteopathy and also Bacteriology and such other subjects as the board may require. If the examination is satisfactory to the board and the applicant shall have made an average of 75% percentum on his examination on all subjects examined upon, with not less than 60% in any one subject, the board shall grant said applicant a certificate to practice as is provided in section 84-1209 if the applicant submits proof that he has completed one year of training as an intern in a hospital in good standing with the board, or in a hospital of another state if the standards of such hospital are approved by the board, which said certificate shall be a license to practice and when said license shall have been recorded by the clerk of the superior court of the county in which he proposes to practice, for which he shall pay the same fee as for recording a deed. If the applicant does not submit proof that he has had one year of training as an intern in such hospital but otherwise furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations

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of the board, he shall be eligible to receive an interning license from the board giving him authority to practice osteopathy in the osteopathic hospitals, approved by the State Board of Osteopathic Examiners. Upon satisfactory proof by a person holding an interning license from the board that he has had one year of training as an intern in a hospital in good standing with the board or in a hospital of another state if the standards of the hospital are approved by the board, the board shall forthwith issue him a license from the board giving him absolute authority to practice osteopathy as is provided in Section 84-1209. Any person who is a graduate of a legally incorporated and reputable school of osteopathy approved by the board shall be eligible to stand any regular examination given by the board for a license to practice osteopathy in this State. However, before such person shall be eligible to receive a license to practice osteopathy in this State, he shall furnish the board with satisfactory evidence of attainments and qualifications under the provisions of this section and the rules and regulations of the board. Nothing contained in this section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice osteopathy in this State to stand another examination. All licenses to practice osteopathy, whether full licenses or interning licenses, shall expire on December 31, of each year and shall become invalid on that date unless renewed. The fee for renewal shall be $3.00. On or before December 1, the Joint-Secretary, State Examining Boards, shall mail to each person holding a current license to practice osteopathy a blank to be used in applying for renewal of his license and a statement of the fee. Upon receipt of the renewal fee, the Joint-Secretary, acting under the direction of the State Board of Osteopathic Examiners, shall be authorized to grant renewal of a license. Failure to apply for renewal of a license and to remit the renewal fee during the month of December shall not withdraw the right of renewal, but the renewal fee if submitted after December 31, shall be $10.00. Section 2. Said Code Chapter is further amended by striking Code section 84-1208, relating to licenses by comity

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to licentiates of other states and fees, in its entirety and inserting in lieu thereof a new Code section 84-1208, to read as follows: 84-1208. Licenses by comity to licentiates of other States; fees . The Board of Osteopathic Examiners may grant a license without examination to licentiates of boards of other states requiring equal or higher qualifications, upon the same basis as such states reciprocate with the State of Georgia, provided such applicants shall pay all fees and charges required by law or by the rules of the board for the issuance of licenses, all upon the same terms and conditions: (a) If the date of the license from the boards of such other states is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the Board giving the applicant authority to practice osteopathy as provided in section 84-1209. (b) If such date of such license is after January 1, 1967, the Board shall grant the applicant an interning license from the Board giving him authority to practice osteopathy in the osteopathic hospitals, approved by the State Board of Osteopathic Examiners, unless the applicant submits proof that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State if the standards of such hospital are approved by the Board, in which event the Board shall grant the applicant a license from the Board giving the applicant authority to practice osteopathy as provided in section 84-1209. A person holding an interning license granted by reciprocity may obtain a full license upon making proof to the Board as required in section 84-1207 and upon paying the fee provided in this section. Provided, however, the Board may, in its discretion, waive the requirements of this subsection after determining that an applicant, licensed to practice osteopathy in another state which does not require an internship, has been actively engaged in the practice of osteopathy in such other state for at least two years. Section 3. The provisions of this Act shall become effective at 12:01 a.m. on January 1, 1967. Effective date.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CUSTODIAL ACCOUNT FOR LIVESTOCK SELLERS' ACT. No. 498 (House Bill No. 327). An Act to amend an Act entitled An Act to provide for the regulation and sale of livestock at auction; to provide for the bonding of livestock auction sales establishments and dealers in livestock; to provide for the weighing of livestock at such establishments by certified public weighers; to provide procedures connected therewith; to define terms; to repeal conflicting laws; and for other purposes approved March 7, 1956 (Ga. L. 1956, p. 501), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 309), and as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 296), to provide that every operator of a sales establishment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank; to require said operator to deposit in such account the gross proceeds received from the sale of livestock handled on a commission or agency basis in said account, which shall be designated Custodial Account for Shippers' Proceeds; to prohibit commingling of other funds of depositors; to provide that no check shall be drawn or any funds withdrawn from such account, except for payment of proceeds due the livestock seller or for legally authorized fees or charges incurred by or owing to the sales establishment; to provide that no bank holding such an account shall pay a check or honor a withdrawal unless the sales establishment files with the bank a certificate that the check or withdrawal is for such purposes; to provide that misuse of such funds or payment by the bank without the required certificate shall constitute a misdemeanor; to provide that the sales establishment shall keep such accounts

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and records as will at all times disclose the names of the sellers and consignors, the amount due and payable to each from the custodial account for livestock sellers' proceeds, and the legally authorized fees and charges owing the establishment; to provide for severability; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Custodial Account for Livestock Sellers' Act. Short title. Section 2. This Act entitled An Act to provide for the regulation and sale of livestock at auction; to provide for the bonding of livestock auction sales establishments and dealers in livestock; to provide for the weighing of livestock at such establishments by certified public weighers; to provide procedures connected therewith; to define terms; to repeal conflicting laws; and for other purposes approved March 7, 1956 (Ga. L. 1956, p. 501), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 309), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 296), is hereby amended by adding after section 3, a section to be designated section 3a to read as follows: Every operator of a sales establishment for the sale of livestock at auction shall maintain a custodial account in a national or state chartered bank. Every such operator shall deposit in said account the gross proceeds received from the sale of livestock handled on a commissioned or agency basis in said account which shall be designated Custodial Account for Shippers' Proceeds. Other funds of the depositor shall not be commingled in such account with funds required to be deposited in this account. Custodial account. Section 3. Said Act as amended is further amended by adding a new section to be known as section 3b to read as follows: No check shall be drawn on said Custodial Account nor any funds withdrawn from said account, except for payment of proceeds due the livestock seller or for legally authorized

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fees or charges incurred by or owing to the sales establishment. No bank holding such an account shall pay a check on such account or honor a withdrawal from such account unless the sales establishment files a certificate that the check or withdrawal is for one of the purposes authorized herein. The certificate may be printed on the face of the check above the signature. Checks. Section 4. Said Act as amended is further amended by adding a new section to be known as section 3c to read as follows: The failure to deposit the proceeds as required by this law, the misuse of such funds or payment by the bank without the required certificate, shall each constitute a misdemeanor and be punishable as provided by law. Crime. Section 5. Said Act as amended is further amended by adding a new section to be known as section 3d to read as follows: Sales establishments for the sale of livestock at auction shall maintain such accounts and records as will at all times disclose the names of the sellers or consignors, the amount due and payable to each from the `Custodial Account for Shippers' Proceeds' and the legally authorized fees and charges due the establishment, and shall make such records available for inspection by the Commissioner or his agents during any business hours. Records. Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability.

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Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GRAND JURIESREQUIREMENTS TO MAKE CERTAIN INSPECTIONS REPEALED. Code Chapter 59-4 Repealed. No. 499 (House Bill No. 557). An Act to repeal Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, sanatorium, hospital, asylum, House of the Good Shepherd, convent, monastery, house of correction, reformatory, penitentiary, school and college located within the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 59-4, relating to the requirement that grand juries inspect every orphanage, sanitarium, sanatorium, hospital, asylum, House of the Good Shepherd, convent, monastery, house of correction, reformatory, penitentiary, school and college located within the county, is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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LEASE OF LAND TO SONOCO PRODUCTS COMPANY AUTHORIZED. No. 162 (Senate Resolution No. 61). A Resolution. To authorize the acceptance of the bid of Sonoco Products Company, to lease 1.22 acres of State-owned property in Fulton County, Georgia, and to direct the Chairman of the State Properties Control Commission to execute the attached lease on behalf of the State Properties Control Commission. Be it resolved by the General Assembly of Georgia: Whereas, the State Properties Control Commission has determined that Sonoco Products Company is the highest responsible bidder on 1.22 acres of State-owned property in Fulton County, Georgia; and Whereas, said parcel of land is not needed in any way for the operations of the various departments of State Government; and Whereas, the prospective lessee has signed the proposed lease in four counterparts, an exact copy of which is attached hereto; Now, therefore, be it resolved by the General Assembly of Georgia that said bid of Sonoco Products Company is hereby accepted, and that the Chairman of the State Properties Control Commission is authorized to execute such lease for and on behalf of the Commission. State of Georgia, County of Fulton, ss: This agreement of lease, made and entered into this day of, 1966, by and between the State Properties Control Commission, hereinafter sometimes referred to as the Commission, acting pursuant to the authority vested in it by an Act of the General

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Assembly of the State of Georgia, approved February 21, 1964 (Ga. L., 1964, pp. 146-158), as amended, and..... Sonoco Products Company....., hereinafter sometimes referred to as the Lessee, WITNESSETH: I. Premises . The Commission, for and in consideration of the rents, covenants, conditions, agreements and understandings hereinafter mentioned, reserved and contained, to be paid, kept and performed by the Lessee, has leased, rented, demised and granted and by these presents does lease, rent, demise and grant unto the Lessee, and the Lessee, for and in consideration of the covenants, conditions, agreements and understandings hereinafter mentioned and contained, to be kept and performed by the Commission, does hereby agree to lease and take, the following described property, being hereinafter referred to as the premises, to -wit: All that tract or parcel of land containing 1.22 acres, more or less, in Land Lot 243 of the 17th District of Fulton County, Georgia, and more particularly described as follows: Beginning at a railroad iron at the intersection formed by the northwesterly line of the 66 foot spur track right-of-way of the Western and Atlantic Railroad with the easterly line of the 200 foot right-of-way of said Railroad, and running thence northerly along the easterly line of the 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, a copy of which is attached hereto and made a part of this description. II. Term . To have and to hold the premises for a term of Fifty (50) years commencing at midnight on the

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27th day of December, 1969, and terminating at midnight on the 26th day of December, 2019, unless sooner terminated as hereinafter provided. III. Rental . (A) The Lessee hereby covenants, conditions and agrees to pay to the Treasurer of the State of Georgia as rental during such term, the following amounts in lawful currency of the United States, namely: During each and every year of the term for the premises, the minimum sum of five hundred and fifty and no/100 dollars ($550.00). (B) The Lessee hereby covenants, conditions and agrees that the minimum sum agreed to be paid by the Lessee under Paragraph (A) of this Article, during the respective years of such term, shall be paid in equal monthly installments, in advance, on or before the first day of each and every calendar month of the respective years. (C) The parties hereby covenant, condition and agree that the Commission may at its election eliminate the rental payments prescribed and provided for in Paragraph (A) of this Article, and require in lieu of same that the Lessee pay rental equal to the fair rental value of the premises; that if the parties are unable to agree on the fair rental value of the premises within a period of thirty (30) days, the Commission may by written notice to the Lessee require that the fair rental value be determined by three disinterested appraisers of a majority of them, one to be appointed by the Commission, one by the Lessee, and one by the two so appointed; that the Commission shall name in such notice the appraiser appointed by it; that in the event the Lessee fails or refuses to appoint an appraiser within ten (10) days after receiving such notice, then the Commission shall appoint this appraiser also, and the two so appointed shall appoint the third appraiser; that if the two appraisers so appointed by the Commission and the Lessee, or by the Commission, fail to appoint the third appraiser within ten (10) days after their appointment, then the Commission shall have the right to apply to the Judge of the Superior Court of the Atlanta Judicial Circuit, who is

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senior in time of service, to appoint the third appraiser; that the appraisers so appointed, or a majority of them, shall fix and determine the fair rental value of the premises for a period of ten (10) calendar years, or for the remainder of this lease, whichever period is less, beginning with the January 1 occurring more than thirty (30) days after the appraisers report their determination in writing separately to both the Commission and the Lessee; that within ten (10) days after receiving such report the Commission may exercise its election as defined in this Paragraph, otherwise the rental specified and provided for in Paragraph (A) of this Article shall remain in effect; that if the Commission exercises its election, then the determination of the appraisers as to the fair rental value shall be final and conclusive on the parties during the period for which the appraisal is prepared and, if the term permits, until such time as the fair rental value is redetermined as herein provided and its payment is elected by the Commission; that rental equal to such fair rental value shall be paid in lawful currency of the United States to the Treasurer of the State of Georgia in equal monthly installments, in advance, on or before the first day of each and every calendar month of the respective years; that after such election is made by the Commission, then the fair rental value of the premises may be determined and the rental readjusted in accordance with the provisions of this Paragraph each tenth year thereafter if the Commission so elects, and when so elected by the Commission, each such fair rental value determination shall govern the rental for a period of ten (10) calendar years or for the remainder of the lease, whichever period is less; and that the compensation of the appraisers shall be fixed by the Commission and paid by the Lessee. (D) The parties hereby covenant and agree that any installments of rent accruing under the provisions of this Agreement, which shall not be paid when due shall bear interest at the rate of six per cent (6%) per annum from the date when the same was payable by the terms hereof, until the same shall be paid by the Lessee.

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IV. Title to Improvements . The parties hereby covenant and agree that any improvements which may be erected on the premises during the term of this Agreement, and the additions and alterations to such improvements and all appurtenant fixtures thereon installed, immediately when erected or installed on the premises shall be deemed to be attached to the freehold and become the property of the State of Georgia to the same extent as if the same had been erected or installed on the premises prior to the execution of this Agreement, and the covenants, conditions, agreements and understandings of this Agreement shall then apply to such improvements, additions, alterations and fixtures as if the same were on the premises at the time of the execution of this Agreement, and at the termination of this Agreement the same shall be peacefully surrendered to the State of Georgia. V. Use and Occupation . The Lessee hereby covenants, conditions and agrees that he will at his own expense keep and maintain every improvement which may at any time be situated on the premises during the existence of this lease, and all appurtenances thereunto belonging or appertaining thereto, in thorough good order, condition and repair, and in a clean and sanitary condition, and will always keep and maintain, as well as use and occupy, the premises and every thing at any time thereon, during the term of this lease, and not for any purpose calculated or tending to injure the reputation thereof or of the neighboring property, nor for immoral purposes; and that the Lessee shall not use or occupy the premises, or permit the same to be used or occupied, for any purpose or business deemed extrahazardous on account of fire or otherwise, nor shall the Lessee commit, or suffer to be committed, any waste upon the premises, or any nuisance, or other act or thing which may disturb the quiet enjoyment of adjoining property owners, or their tenants and lessees. VI. Governmental Requirements . The Lessee hereby covenants, conditions and agrees to promptly observe, comply with, and execute at Lessee's expense all present and future laws, rules, requirements, orders, directions,

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ordinances and regulations of the Commission, the State of Georgia, the City of Atlanta, the County of Fulton, and of the United States of America, and of any and all other governmental authorities or agencies, concerning the premises or any work thereon, and shall at Lessee's expense, make any and all improvements thereon or alterations thereto, structural or otherwise, that may be required at any time hereafter by any such present or future law, rule, requirement, order, direction, ordinance or regulation. VII. Indemnification . The Lessee hereby covenants and agrees to indemnify and save harmless the State of Georgia, the Commission and its members against any and all claims raising from the use, conduct or management of, or from any work or thing whatsoever done in or about the premises, or any building or other improvement thereon, or the fixtures or equipment thereof, or appurtenances thereto, during the term of this lease, or arising during such term from any condition of any street or sidewalk adjoining the premises or of any passageways or spaces therein or appurtenant thereto, or arising from any act or negligence of the Lessee or any of his agents, contractors or employees, or arising from any accident, injury or damage whatsoever, however caused, to any person or persons, or to the property of any person or organization, occurring during such term on, in or about the premises or on or under the sidewalks in front thereof, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the State of Georgia, the Commission or any of its members by reason of any such claim, then the Lessee, on notice from the State of Georgia, the Commission or any member thereof, as the case may be, shall resist or defend such action or proceeding, by counsel satisfactory to the State of Georgia, the Commission or any member thereof, as the case may be. VIII. Taxes . The Lessee hereby covenants, conditions and agrees to pay and discharge all water rates, taxes,

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assessments, levies and other charges, general and special, ordinary and extra-ordinary, of whatever name, nature and kind, which are or may be during the term of this Agreement levied, assessed, imposed or charged upon the premises, or upon any building or other improvements or upon any other thing whatsoever on the premises, and all which may be levied, assessed, imposed or charged upon the leasehold estate hereby created in the premises during the term hereby granted. IX. Inspection of Premises . The Lessee hereby covenants, conditions and agrees that the Commission, or its agents, at all reasonable times and during all reasonable hours shall have free access to the premises, and through any building or structure that may at any time be thereon, or any part thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power reserved to the Commission or the State of Georgia under the provisions of this Agreement. X. Security and Defaults . (A) The Lessee hereby covenants, conditions and agrees that he shall deposit with the Commission at the time of the execution of this Agreement and maintain thereafter recognized valid bonds of the United States of America at the par value of at least the anticipated rental prescribed in this Agreement for the next succeeding rental year; that should such bonds at any time depreciate in value below their par value, the Lessee shall, within thirty (30) days, make good such deposit, on being notified thereof by the Commission, by the deposit of other bonds of like kind, so that bonds at par and market value of at least the anticipated rental for the next succeeding rental year shall at all times be deposited by the Lessee, and in default thereof the Commission may, in its discretion, declare this lease forfeited; that in the event the Lessee shall faithfully and fully pay such rent and keep and perform each and every covenant, condition, agreement and understanding of this Agreement to be kept and performed by the Lessee, up to and during the full term of this lease, then the Commission will, on the expiration of such term,

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return to the Lessee such bonds; that in the event, however, that the Lessee shall be dispossessed from or shall vacate or abandon the premises, or shall fail, neglect, or omit at any time, either during such term or after the term shall be terminated by dispossess or summary proceedings, or entry or re-entry by the Commission, to perform and fulfill each and every of the covenants, conditions, agreements and understandings of this Agreement to be kept and performed by the Lessee, then the Commission may sell all or any part of such bonds, at public or private sale, without demand or notice other than required by Paragraph (E) of this Article, and use and apply the proceeds thereof, so far as the same will apply, toward the payment of the rent reserved and any other sums by the Lessee agreed to be paid, and to the performance and fulfillment of the covenants, conditions, agreements and understandings in this Agreement to be kept and performed by the Lessee; that in the event the Commission elects not to terminate this Agreement by virtue of such a default by the Lessee, then the Lessee, on notice that such application of bonds has been made, shall, within twenty (20) days after such application, deposit with the Commission additional securities of like kind sufficient to restore such security deposit to its amount at the time of such default; and that any such default, omission, neglect or failure on the part of the Lessee shall act and be deemed as an absolute transfer to the State of Georgia of such of the said bonds as the Commission shall elect to apply, and any accumulated interest thereon, and of all right, title, and interest of the Lessee therein. (B) The parties hereby covenant, condition, and agree that so long as such bonds of the required par value remain on deposit with the Commission and so long as the Lessee performs and fulfills all of his obligations under this Agreement, then the Lessee may collect and receive the interest on such bonds. (C) The parties hereby covenant and agree that the bonds deposited under the requirements of Paragraph (A) above shall not impair or affect, in any manner, the

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right of the Commission, in the event of default on the part of the Lessee, to terminate this Agreement and to re-enter and take possession of the premises, or to maintain an action at law, for the recovery of any rent that may be due or unpaid under this Agreement; and that should any of the rents herein reserved to due and unpaid, or should the Lessee be in default in any of the other obligations herein undertaken by the Lessee, the Commission may, at its option, terminate this Agreement and re-enter and take possession of the premises and remove all persons therefrom. (D) The parties hereby covenant and agree that should the Lessee fail or refuse to pay any monthly rental required by this Agreement within twenty (20) days after such rental becomes due and payable, then the Lessee shall forfeit to the State of Georgia an amount equal to three times such rental as liquidated damages and not as a penalty. (E) The parties hereby covenant and agree that the Lessee shall be given twenty (20) days' written notice of any default of the Lessee under the provisions of this Agreement, and this Agreement shall not be terminated if the Lessee cures such default within such twenty (20) days. (F) The parties hereby covenant and agree that in case the premises shall be deserted or vacated, or if default be made in the payment of the rent or any part thereof as herein specified, or if, without the written consent of the Commission, the Lessee shall sell or assign this lease or any interest therein or sublet the premises as a whole, or if default be made in the performance of any of the covenants, conditions, agreements and understandings contained in this Agreement to be kept and performed by the Lessee, or if the Lessee shall file a petition in bankruptcy or be adjudicated a bankrupt, or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Governor or the Commission may, as he or it so elects, at any time thereafter terminate this lease and the term thereof, on giving

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to the Lessee twenty (20) days' notice in writing of the Commission's intention so to do; and thereupon this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this Agreement for the expiration hereof. XI. Remedies Cumulative . (A) The parties hereby covenant and agree that the various rights and remedies herein contained and reserved to the Governor, the Commission or the State of Georgia shall not be considered as exclusive of any other right or remedy, but the same shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing at law, in equity or by statute; that the pursuit by the Governor, the Commission or the State of Georgia of any right or remedy shall not be construed as an election; that every power or remedy reserved by this Agreement to the Governor, the Commission or the State of Georgia may be exercised from time to time and as often as occasion may arise or as he or it may deem expedient; that no delay or omission of the Governor, the Commission or the State of Georgia to exercise any right or power arising from any omission, neglect, or default of the Lessee shall impair any such right or power or shall be construed as a waiver of the breach of any of the covenants, conditions, agreements and understandings in this Agreement shall be construed or held to be a waiver of any other breach or waiver or acquiescence in or consent to any further or succeeding breach of the same covenant, condition, agreement or understanding. (B) The parties hereby covenant and agree that neither the rights herein reserved nor those available to the Governor, the Commission and the State of Georgia under the law to receive, sue for or recover any rent or rents, monies or payments, or to enforce any of the covenants, conditions, agreements and understandings in this Agreement, or to prevent the breach or nonobservance thereof, or the exercise of any such right or of any other right or remedy hereunder, otherwise granted or arising, shall in any manner affect, impair or control

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the right or power of the Governor, the Commission or the State of Georgia to declare the term hereby granted ended, and to terminate this Agreement because of any default or breach on the part of the Lessee. XII. Assignment and Subletting . The Lessee hereby covenants, conditions and agrees not to assign this lease, or any interest therein, or sublet the premises, or any part thereof, without the prior written consent of the Commission. XIII. Successors and Assigns . The parties hereby covenant and agree that the covenants, conditions, agreements and understandings contained in this Agreement shall apply to and bind the State of Georgia and any public officer, agency or authority which succeeds to the powers and duties of the Commission, and the heirs, legal representatives, successors, executors, administrators and assigns of the Lessee, and shall be deemed and treated as covenants real running with the premises during the term of this Agreement. XIV. Termination . The Lessee hereby covenants and agrees, at the termination of this lease, to peacefully quit and surrender the premises and all buildings and other improvements thereon in as good a state and condition as when received or constructed by the Lessee, ordinary wear, tear and depreciation excepted. In witness whereof, the parties herein have hereunto signed their names and affixed their seals, in duplicate, on the day and year first above written.

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Approved March 10, 1966. LAND CONVEYANCE IN GRADY COUNTY. No. 163 (House Resolution 347-789). A Resolution. Authorizing the conveyance of a certain tract of stateowned property to Grady County; and for other purposes. Whereas, the State of Georgia acquired a certain tract of land in Grady County for the purposes of erecting a state farmers market thereon; and Whereas, the City of Cairo and the County of Grady, in order to induce the State of Georgia to erect a farmers market in Grady County, jointly contributed to the State of Georgia the purchase price for said tract of land; and

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Whereas, said tract of land was acquired by a deed which is recorded in deed book 67, page 351 and page 359 of the records of the clerk of the superior court in Grady County, said deed being executed by Mrs. T. L. Rushin, individually and as executrix of the last will and testament of T. L. Rushin, deceased; and Whereas, there is a certain portion of the original tract which was purchased for the aforesaid purpose which is not now being utilized by the State of Georgia; and Whereas, that portion of said property is more particularly described as follows: All that tract or parcel of land lying and being in Cairo, Grady County, Georgia, described as follows: Beginning at a point on the north margin of Georgia State Route #38 (U. S. #84), said point being the south-west 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.; and Whereas, the above described tract of land is of no use to the State of Georgia and is therefore surplus property; and Whereas, Grady County proposes to erect on said tract a building to be used by the Agricultural Stabilization Conservation Program.

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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 Grady County the above described tract of state-owned property for and in consideration of the sum of ten dollars ($10.00) and the benefits flowing to the State of Georgia out of the above described circumstances. Be it further resolved that a resolution dated April 5, 1965 (Ga. L. 1965, p. 514), authorizing the conveyance of the hereinbefore described tract of land to Grady County, is hereby repealed in its entirety. 1965 Resolution repealed. Approved March 10, 1966. RESOLUTION AUTHORIZING LAND CONVEYANCE IN EAST POINT, GEORGIA AMENDED. No. 166 (House Resolution No. 62-110). A Resolution. Amending a Resolution, authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, approved March 28, 1961 (Ga. L. 1961, p. 291), so as to provide that the proceeds therefrom shall be paid to the treasurer of the State Highway Department; to repeal conflicting laws; and for other purposes. Whereas, the 1961 session of the General Assembly of Georgia passed a Resolution authorizing the sale and conveyance of certain lands located in East Point, Georgia, theretofore utilized by the State Highway Department of Georgia as a warehouse, sign shop and affiliated purposes, which lands have become surplus and of no further use to the State; and Whereas, such lands had theretofore been purchased with funds appropriated to the State Highway Department of Georgia.

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Now, therefore, be it resolved by the General Assembly of Georgia that the Resolution authorizing the conveyance of certain real property, owned by the State Highway Department, and located in East Point, Georgia, approved March 28, 1961 (Ga. L. 1961, p. 291), is hereby amended by adding at the end thereof a new paragraph to read as follows: Be it further resolved that the proceeds of sale of said lands be paid to the Treasurer of the State Highway Department of Georgia to be used for purposes of said department. Be it further resolved that the State Highway Department of Georgia be directed to negotiate with the City of East Point, Georgia, for the sale of this property to the City of East Point, Georgia, and authorize to negotiate a fair price for the purchase of said property by the said city. Approved March 10, 1966. STATE PROPERTIES CONTROL COMMISSION AUTHORIZED TO SELL DESCRIBED LAND IN WHITFIELD COUNTY. No. 167 (House Resolution No. 244-517). A Resolution. Declaring certain property of the State surplus, authorizing the State Properties Control Commission to sell such property, and for other purposes. Whereas, the State of Georgia holds title to a parcel of land in Whitfield County, more particularly described as follows: All that tract or parcel of land lying and being in land lot 203 of the 13th district, 3rd section of originally

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Cherokee, then Murray, now Whitfield County, Georgia, conveyed to the State of Georgia by deed of Levi Cloud by his attorney, A. T. Hardin, dated May 27, 1841, recorded October 17, 1849, in deed book H, page 199, of the records of Murray County, Georgia. Less and except all that tract or parcel of land lying and being in land lot 203 of the 13th district, 3rd section of Whitfield County, Georgia, being the parcel now used as the right-of-way for the Western and Atlantic Railroad, the said parcel of land specifically excepted from this conveyance being more particularly described in that certain deed of conveyance from R. P. Nance to the State of Georgia, the aforesaid deed being dated May 22, 1946, recorded May 27, 1946 in deed book 44, page 409, Whitfield County Records. Whereas, said parcel was originally a part of the right-of-way of the Western and Atlantic Railroad but the tracks of said railroad were relocated many years ago and moved off of this parcel so that it is no longer used by the State of Georgia or the Western and Atlantic Railroad, but since such relocation of the tracks has been in the possession of the successors in title of the original Grantor; and Whereas, said parcel was conveyed to the State for the specific purpose of being used as a right-of-way for said railroad tracks; and Whereas, said parcel has been abandoned by the State and its lessees for a number of years and is surplus and no longed used by the State of Georgia; and Whereas, the title which continues in the State is technical only and disposing of the described parcel of land will not reduce or impair the value of the Western and Atlantic Railroad or the right-of-way of the State for such railroad. Now, therefore, be it resolved by the General Assembly of Georgia:

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Section 1. That the State Properties Control Commission, on behalf of the State, be and it is hereby authorized, empowered and directed to grant, bargain, sell, convey and quit-claim to such person or persons, and upon such terms and conditions as it may deem to be in the best interest of the State, all of the right, title and interest the State of Georgia has in the tract or parcel of land described in this Resolution. Section 2. That the State Properties Control Commission, acting for and on behalf of the State of Georgia, shall be and it is hereby further authorized, empowered and directed to execute and deliver such deeds and other written instruments as may be necessary to carry out the provisions of this Resolution. Section 3. That all laws and parts of laws in conflict with this Resolution are hereby repealed. Approved March 10, 1966. ARREST POWERS OF UNIVERSITY SYSTEM SECURITY PERSONNEL. No. 500 (Senate Bill No. 97). An Act to provide that the campus policemen and other security personnel of the University System of Georgia who are regular employees of the University System of Georgia shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The campus policemen and other security personnel of the University System of Georgia who are regular employees of the University System of Georgia shall

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have the power to make arrests for offenses committed upon any property under the jurisdiction of the Board of Regents of the University System of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. DANGEROUS DRUGSACT REGULATING SALE, ETC. AMENDED No. 501 (Senate Bill No. 80). An Act to amend an Act entitled An Act to regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation thereof, approved March 16, 1939 (Ga. L. 1939, p. 288), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1463), so as to provide that it shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia any drug, medicine or preparation bearing upon the label thereof the legend Federal law prohibits dispensing without a prescription; to provide that it shall be unlawful for any person to obtain or attempt to obtain any drug, medicine or preparation bearing upon the label thereof the legend Federal law prohibits dispensing without a prescription; 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 regulate the sale, possession, prescribing and dispensing of certain dangerous drugs, providing certain exemptions, providing for enforcement and penalties for violation thereof, approved March 16, 1939 (Ga. L. 1939, p. 288), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1463), is hereby

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amended by adding in section 1 immediately before the phrase or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, the following: or any drug, medicine or preparation bearing upon the label thereof the legend `Federal law prohibits dispensing without a prescription' or words to that effect, so that when so amended section 1 shall read as follows: Section 1. It shall be unlawful for any person, firm, corporation or association to sell, give away, barter, exchange, distribute or possess in the State of Georgia amytal, luminal, veronal, barital, acid diethyl barbituric, sulfanilimide, prontylin, neoprontosil, phenobarbital, sulfapyridine, sulfathiazol, pyramidon, aminopyrine, atophan, chloral, paraldehyde; abortifacient drugs such as ergot, cotton root, pennyroyal, savin, apiol, cantharides; amphetamine (Benzedrine) or any other preparation containing amphetamine (Benzedrine) or compound thereof, except that amphetamine (Benzedrine) in inhalers may be sold without prescription provided the amphetamine (Benzedrine) therein has been denatured so as to make it unfit for internal use; hormones synthetic or natural; anti-fat preparations to include thyroid, thyroxin; or any drug, medicine or preparation bearing upon the label thereof the legend `Federal law prohibits dispensing without a prescription' or words to that effect, or such other drugs which are now or hereafter declared dangerous by the Federal Food and Drug Administration, and which are, in the discretion of the Georgia State Board of Pharmacy, classified as `Dangerous Drugs' within the meaning of this Act; or any salts, derivatives or compound of the foregoing substances, or any preparation or compound containing any of the foregoing substances, in quantities dangerous when taken according to directions, or their salts, derivatives or compounds; except on a prescription of a duly licensed physician as defined by this Act and such prescription shall be compounded only by a registered pharmacist in accordance with the laws of this State. No such prescription shall be refilled except upon the authorization of the physicians who prescribed it.

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The provisions of this Act shall not apply to the sale at wholesale by recognized drug jobbers or wholesalers and drug manufacturers to pharmacists or drug stores or to physicians qualified to practice their profession according to the law, nor to the sale by pharmacists in drug stores to one another. The provisions of this Act shall apply to the sale by any manufacturer, wholesaler, or retailer, to any person, firm, or corporation other than those legally qualified and authorized to purchase and hold the same for resale in this state. Section 2. Said Act is further amended by adding between sections 1 and 2 a new Section to be numbered section 1A to read as follows: Section 1A. No person shall obtain or attempt to obtain any drug bearing the caution `Federal law prohibits the dispensing without a prescription', or words to that effect, or attempt to procure the administration of any such drug by: Illegal attempts to obtain drugs. (a) Fraud, deceit, misrepresentation or subterfuge; (b) the forgery or alteration of a prescription or of any written order; (c) the concealment of a material fact; or (d) the use of a false name or the giving of a false address. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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DEPARTMENT OF PUBLIC HEALTHDAY CARE CENTERS. No. 502 (Senate Bill No. 92). An Act to authorize and empower the Department of Public Health to expend funds in assisting and participating in the financial support of Day Care Centers for the mentally retarded; to adopt and promulgate standards, rules and regulations for the operation of Day Care Centers; to classify Day Care Centers and to approve Day Care Centers that meet the standards adopted by the Department; to determine the standards that should be required for Day Care Centers and to determine the need for Day Care Centers for the mentally retarded in various areas of the state; to provide definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions . Unless a different meaning is required by context, the following terms as used herein shall have the meaning hereinafter ascribed to them: (a) Mental retardation means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behaviour. (b) Mentally retarded individual means any individual who is suffering from mental retardation. (c) Department means the Department of Public Health. (d) Day Care Center means any facility that is operated and maintained for, and is qualified to furnish care and training to, mentally retarded individuals, on less than a 24 hour basis. Section 2. Matching Funds . The Department is authorized, directed and empowered to participate in the financing

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of public, non-profit Day Care Centers for retarded children that are approved by the Department. Section 3. Grants-in-Aid . The Department is authorized and empowered to make grants-in-aid to county boards of health for the purpose of purchasing care and training for retarded individuals from privately operated, non-profit Day Care Centers, provided these mentally retarded individuals have been certified as eligible for financial assistance. Section 4. Statements of Operating Costs . The Department may require any Day Care Center that receives state funds under the provisions of section 2 or 3, to submit to the Department, at appropriate times, certified cost statements of operation. Section 5. Inspection and Approval . The Department is authorized, directed and empowered to inspect Day Care Centers for the Mentally Retarded which are now in operation and those Centers which begin operation in the future; to approve, for financial assistance and for purchase of services, Day Care Centers which meet the minimum standards established by the Department. Reinspections may be made at any time and approval may be withdrawn whenever circumstances indicate that the Day Care Center no longer meets Departments standards. If approval is withdrawn, it cannot be reinstated until deficiencies have been corrected and a satisfactory reinspection has been made. Section 6 . The Department is authorized, directed and empowered to participate in the financing of Day Care Centers that may be approved by the Department in such municipalities and counties of this State. In carrying out the authority and power set forth in this section the Department is authorized, directed and empowered to expend funds in assisting such Day Care Centers in the operation of such Centers. Financing, etc. Section 7 . The State Department of Education is hereby authorized and directed to co-ordinate its program relative to the training of the mentally retarded with the Department,

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and is authorized and empowered to expend funds appropriated to or available to said Department for the purpose of co-ordinating its program or training relative to the mentally retarded with the Department. Department of Education. Section 8. Statements of Operating Costs . The Department may require any Day Care Center that receives state funds under the provisions of section 2 or 3, to submit to the Department, at appropriate times, certified cost statements of operation. Section 9. Inspection and Approval . The Department is authorized, directed and empowered to inspect Day Care Centers for the Mentally Retarded which are now in operation and those Centers which begin operation in the future; to approve, for financial assistance and for purchase of services, Day Care Centers which meet the minimum standards established by the Department. Reinspections may be made at any time and approval may be withdrawn whenever circumstances indicate that the Day Care Center no longer meets Department standards. If approval is withdrawn, it cannot be reinstated until deficiencies have been corrected and a satisfactory reinspection has been made. After a Day Care Center for the retarded as provided by this Act has been approved by the Health Department and a certificate of approval has been issued, the Center is not subject to examination, approval or licensing by any other Department, division or agency of the State. Section 10. Standards . The Department is authorized, directed and empowered to classify Day Care Centers; to adopt and promulgate such reasonable rules and regulations to set standards, which in its judgment are necessary to protect the health and lives of mentally retarded individuals; and to prescribe and set out the kind and quality of buildings, equipment, facilities and services Day Care Centers shall have to give proper care and training to mentally retarded individuals. Section 11 . The Department is authorized, directed and empowered to expend funds appropriated to said Department for the purposes of administering this Act. Funds.

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Section 12 . An Act authorizing and empowering the Department of Health to conduct a survey to determine the standards that should be required for certain Day Care Centers, approved April 2, 1963 (Ga. L. 1963, p. 259), is hereby repealed in its entirety. Survey. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. GEORGIA STATE BOARD OF FUNERAL SERVICES. No. 503 (Senate Bill No. 77). An Act to amend an Act creating the Georgia State Board of Funeral Services and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, so as to provide for the licensing of funeral establishments; to provide for applications; to provide for suspension and revocation of licenses; to provide for hearings and appeals; to provide for penalties; to provide that licenses shall not be transferable; to provide for 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 Georgia State Board of Funeral Service and regulating the practice of embalming and funeral directing, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, is hereby amended by striking in its entirety section 18 and substituting in lieu thereof the following numbered Sections: Section 18. It shall be unlawful for any person, firm, corporation or association to operate a funeral establishment engaged in the business of funeral directing or embalming without first obtaining a license from the Board in accordance

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with the provisions of this Act. The Board shall not issue a license to any funeral establishment unless such funeral establishment shall employ the service of a funeral director licensed in accordance with the provisions of this Act and who shall be in full and continuous charge of said establishment and who is a resident of this State. There shall be conspicuously displayed in all establishments the name and license of the licensed funeral director who is in full and continuous charge. Crimes. Section 18A. On or before the first Monday in July of each year, the owner, owners, or proprietors of every funeral establishment shall make application to the State Board of Funeral Service to renew their license on a form prescribed by said Board. The application shall show the name of the funeral establishment, the names and addresses of the owner, owners or officers and directors of any corporation thereof, and the names of all licensed embalmers and funeral directors employed by such funeral establishment, or otherwise connected therewith, together with the date of issue and number of the licenses of each registered embalmer and funeral director. If the license fee of $5.00 has been paid and the funeral establishment meets the other requirements of this Act, the Board shall issue a license to cover the operation of the funeral establishment for the next ensuing twelve months. Otherwise it shall be unlawful for any funeral establishment to operate in this State. Any such person must present in person certificates from the above mentioned officials showing registration as aforesaid, before an occupational license may be applied for or procured from any city, state or county official having jurisdiction of the issuance of occupational licenses. Removal of licenses. Section 18B. The license of any funeral establishment may be suspended or revoked by the Board if the evidence produced before it shall establish that the establishment has violated any of the provisions of this Act. The Board shall comply with the provisions of sections 20 and 21 in relation to such hearing, and the licensee shall have the right to appeal any decision of the Board in accordance with the provisions of Section 22. Revocation of licenses.

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Section 18C. Any person, firm or corporation who has control of a funeral home, mortuary, chapel or funeral establishment, as defined in this Act, and fails to register same according to the provisions of this Act, upon conviction, may be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. Each day that said funeral home, mortuary, chapel or funeral establishment is operated in violation of this Act shall be deemed to be a separate and distinct offense. Fines. Section 18D. The licenses hereinabove referred to for funeral establishments shall be issued to such establishments at their location at the time of issuance, and such license shall not be transferable to another establishment or location. Transfer of licenses. Section 18E. No license shall terminate upon the death of the holder thereof, but shall pass to the legal representative of the deceased, or if no legal representative, to the widow of said deceased who may continue to operate said establishment for the unexpired time of said license. Same. Section 18F. In the event any duly licensed funeral establishment shall be temporarily without the services of a full-time funeral director, upon notice by the funeral establishment to the State Board of Funeral Services within five (5) days following the last day of service by said full-time funeral director, the State Board of Funeral Services shall grant the said funeral establishment a ninety-day (90) grace period before any action may be taken by said Board to revoke or terminate any license. Said State Board of Funeral Services may, in its discretion, upon application by said funeral establishment grant one additional ninety-day (90) grace period upon showing of good cause. Establishments without funeral director. Section 2. The provisions of this Act shall become effective July 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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GEORGIA HEALTH CODE AMENDEDMENTAL HEALTH SERVICES. Code 88-204 Amended. No. 504 (Senate Bill No. 41). An Act to amend an Act known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, relating to the powers of the county boards of health, so as to provide mental health diagnostic and treatment services and home health care services for the chronically ill and for the chronically ill and aged; 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), as amended, relating to the powers of the county boards of health, is hereby amended by striking subsection (f) of section 88-204 in its entirety, and substituting in lieu thereof a new subsection (f) to read as follows: (f) Make contracts and establish and accept fees for the purpose of providing mental health diagnostic and treatment services and for providing, under direction and supervision of attending physicians, home health care services for the chronically ill and for the chronically ill and aged for such period of time that such home health care services are not available; provided, however, that any person otherwise eligible for such services, but being financially unable to pay all or any part of the fee, shall be afforded the same services as provided for fee patients, and provided further, that the scope of services, operating details, contracts and fees first shall have been approved by the Board of Health of the Department of Public Health. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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TRAFFIC VIOLATIONS BUREAU ACT. No. 505 (Senate Bill No. 127). To be entitled an Act to provide that the judge or judges of every court of this State having jurisdiction of the violation of traffic laws or traffic ordinances, which violations occur outside corporate limits of municipalities, may provide by written order for the establishment of a Traffic Violations Bureau; to provide for the appointment of a clerk or clerks by the court; to provide for certain bonds; to provide for procedures and forms; to provide for the maintenance of records; to provide for cash bonds and the procedures connected therewith; to provide for the issuance of an accusation under certain circumstances; to provide for penalties under certain circumstances; to provide for 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. In every court of this State having jurisdiction over the violation of traffice laws or traffic ordinances, the judge of said court, or the judges where there are more than one judge, may provide by written order for the establishment of a Traffic Violations Bureau, for the handling or disposition of certain traffic cases in substantial compliance with the provisions of this Act. Provided, however, that nothing in this Act shall authorize the judge of said court to employ any person or persons to administer the provisions of this Act. Establishment. Section 2. (a) The court may appoint a clerk or deputy clerk or deputy clerks, who shall be named in the order, for the purpose of receiving money as provided herein. Any deputy clerk so appointed shall be under the direct supervision of and attached to the office of the clerk of said court. Clerk, bonds. (b) Such person or persons, except where such person is the clerk and is already under bond, shall be bonded in the sum of $2,500.00.

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Section 3. (a) Any officer who arrests any person for the violation of a traffic law or traffic ordinance alleged to have been committed outside the corporate limits of any municipality, except the following offenses: (1) Operating a motor vehicle while under the influence of intoxicating liquor Summons, etc. (2) Any motor vehicle registration violation (3) Speeding in excess of 15 miles per hour over the speed limit (4) Any other offense which the court has excepted by order shall permit such person to be released upon being served with a citation and summons and agreeing to appear, as herein provided, unless such officer has reasonable and probable grounds to believe that the person will not obey such summons and agreement to appear. (b) The court may, by its order, add to the exceptions set out in the preceding paragraph, but shall have no authority to remove any of said exceptions. Section 4. In the event an officer has authority to issue citation and summons as set forth in the previous paragraph but declines to do so because of his belief that such person will not obey the summons and agreement to appear, such officer may carry such person to the Traffic Violations Bureau and such person may be allowed to post a cash bond for his appearance. Arrest. Section 5. The court may, in its order, provide that there be maintained in the office of the Traffic Violations Bureau of said court cards known and defined as a Traffic Offense Card, upon which said card the name and address of persons charged with the offenses enumerated herein shall appear, the date of the birth of such person, the sex of such person, and the driver license number. Said card shall be numbered so that the same may show any previous traffic offense, giving the date, the trial date, the citation

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number, the disposition of the same, and the amount of the fine paid. Records. Section 6. The officer issuing a citation and summons shall be furnished by the clerk of the court, pursuant to an order of the court, summons and citation which shall be in substantially the following form:

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this.....day of.....19..... By Officers:..... Number /a/ Arrested / / Copy Assignment.....Dist...... Agreement to Appear in Obedience to Summons and Acknowledgement of Receipt of Summons and Citation. I hereby acknowledge service of a copy of the foregoing summons and citation and agree to appear in court in accordance with said summons. This.....day of.....19...... ..... Name of Defendant Section 7. The original of said form shall be sent by the officer giving the summons within twenty-four (24) hours of the arrest to the Traffic Violations Bureau of said court. The defendant named in said summons shall be given the second copy of the ticket which shall contain the following information on the back thereof: Copies. Read Instructions Carefully Bring Driver License and this Citation to Court . The following offenses must be tried in: (Name and Address of Court) 1. Operating a motor vehicle while under the influence of intoxicating liquor. 2. Any motor vehicle registration violation 3. Speeding in excess of 15 m.p.h. over speed limit 4. Any other offense excepted by court order

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Other violations may be paid to the Traffic Violations Bureau between the hours of.....a.m. to.....p.m...... through....., not earlier than 4 days after the copy of charges is issued and not later than.....hours before trial date. All pleas of not guilty must appear in court on trial date set on the other side of this summons. If you are unable to appear because of illness, your representative or attorney may appear on the trial date and request a continuance. (Name and Address of Court) ..... Section 8. The officer issuing the citation and summons shall retain one copy for himself and the court may, by order, provide that an additional copy be made for the use of any municipality in the county or the Department of Public Safety. Other copies. Section 9. All records other than those excepted herein shall be maintained at the Traffic Violations Bureau of the said court. No accusation of such offense for which summons and citation may be issued shall be entered on the misdemeanor docket maintained by the clerk of the court. No accusation for any offense coming under the jurisdiction of the Traffic Violations Bureau of the court shall be taken by the solicitor general of the court or maintained in his office unless said person to whom the said summons was issued fails to post a cash bond as herein defined or fails to appear on the date specified in the summons to answer said complaint. Records. Section 10. All persons cited for any traffic offense under the jurisdiction of the Traffic Violations Bureau of the court shall be permitted to give a cash bond for his appearance under the terms and conditions as set forth upon the summons given to him at the time the defendant is cited and summoned by the arresting officer for a traffic

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violation. In any case, where a defendant cited for a traffic violation, as herein defined, and who posts a cash bond according to the schedule herein set up by court order, fails to appear in the said court, at the term of court and on the day set in the original summons and citation, then and in that event, said failure shall be construed as an admission of guilt, and said cash bond may be forfeited without the necessity for the statutory procedure provided for in the forfeiture of statutory bail bonds, and a judgment of guilty may be entered accordingly, ordering the case disposed of and settled, and the proceeds of said cash bond shall be applied and distributed as any fine imposed by said court would be. Nothing herein shall be construed as preventing the judge from ordering the defendant to appear and stand trial. Bonds. etc. Section 11. (a) No officer giving a citation to a defendant for a traffic violation shall accept a cash bond. Officers. (b) The Traffic Violations Bureau of the court shall record on the prescribed form, as set out in section 5, the driving record of the defendant. If there is no previous record of the driver's history, the citation appearing on the original summons shall be entered on the driver's history card, and each traffic offense thereafter shall be entered thereon, with the disposition thereof up to a period of four years. Records. (c) All the pending cases which appear on the summons and citation issued by the arresting officer, as provided for herein, shall be filed at the cashier's desk in the Traffic Violations Bureau of the court, and shall be retained there up until 72 hours, or such other period of time as the judge shall fix by order, prior to the time the case is set for trial in the court. If the cash bond is posted according to the schedules set out and prescribed herein at any time up to 72 hours, or such other period of time as the judge shall fix by order, prior to the date of the court appearance, as specified in the summons and citation, the same shall be entered on the driver's traffic history card, and an entry made thereon that the driver had posted a cash bond.

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(d) Within seventy-two (72) hours after the date set for a hearing in the court on the citation and summons given, where the defendant has posted said cash bond, the court shall enter an order which shall be recorded on the back of the summons, which is maintained in the Traffic Violations Bureau of said court, and shall be recorded on the defendant's driver history card that the said cash bond has been forfeited in accordance with the provisions of this Act. Bonds forfeited. Section 12. (a) Any person who fails to appear in court on the date specified in the citation and in accordance with his written promise to appear, unless such person has posted a cash bond, as provided herein, the Traffic Violations Bureau thereupon loses jurisdiction and the solicitor general of the court shall have an accusation issued against such person and a bench warrant shall issue based on said accusation for the arrest of such defendant. Such defendant's case shall be docketed by the clerk of the court and handled as all other misdemeanors. Accusations. (b) Any traffic violation under the jurisdiction of the Traffic Violations Bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor. Crimes. Section 13. A willful failure of any person to appear in accordance with his written promise contained on the summons and served upon him shall constitute an offense which shall be punishable by fine in an amount not to exceed $50.00, or for a period in jail not to exceed three (3) days. Failure to appear. Section 14. The court may provide that the Traffic Violations Bureau of said court, in addition to the duties herein set out, have charge of what shall be called and designated in the court as the Suspended Sentence Division of the.....Court. This division of the court shall be responsible for collecting fines imposed upon persons convicted in the court where the sentence is suspended upon the payment of a fine. The person or persons in the division

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shall be authorized, where the judge imposing the sentence stipulates the same therein, to permit such persons receiving suspended sentences, in addition to the other conditions imposed in the suspended sentence, to pay the suspended sentence fine in installments. The person or persons responsible for the administration of the Suspended Sentence Division shall be responsible for collecting the said suspended sentence fine by installments and for the arrest of persons who fail in this respect to comply with the conditions of the suspended sentence. Suspended sentences. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. EMINENT DOMAINSERVICE UPON NON-RESIDENTS UNDER SPECIAL MASTER ACT. No. 506 (Senate Bill No. 76). An Act to amend an Act known as Eminent Domain-Condemnation Proceedings Before a Special Master approved March 13, 1957 (Ga. L. 1957, p. 387) so as to provide a method of perfecting service on non-residents; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as Eminent Domain-Condemnation Proceedings Before a Special Master approved March 13, 1957 (Ga. L. 1957, p. 387), is hereby amended by striking that part of section 10 which reads: Non-residents of this State shall be served by posting a copy of the petition, together with the order of the judge thereon on the bulletin board at the court house door of the county in which the property sought to be condemned is located for not less than five days prior to the time of

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the hearing before the special master, by the insertion of a notice, identifying the property sought to be condemned, as well as the date and place of the hearing before the special master, in a newspaper having general circulation in the county wherein such property is located, for one issue of said paper the date of which shall be not less than four nor more than seven days prior to said hearing before the special master, and being the same newspaper in which the sheriff's advertisements are carried, and where the address of such non-residents is known, by mailing to them by registered mail a copy of such petition and order. and substituting in lieu thereof the following: The sheriff, or any lawful deputy, of the county where such petition is filed, shall serve non-residents of this state by posting a copy of the petition, together with the order of the judge thereon on the bulletin board at the court house door of the county in which the property sought to be condemned is located for not less than five days prior to the time of the hearing before the special master, by the insertion of a notice, identifying the property sought to be condemned, as well as the date and place of the hearing before the special master, in a newspaper having general circulation in the county wherein such property is located, for one issue of said paper the date of which shall be not less than four nor more than seven days prior to said hearing before the special master, and being the same newspaper in which the sheriff's advertisements are carried, and where the address of such non-residents is known, by mailing to them by registered mail a copy of such petition and order. Service upon non-residents. so that section 10 of said Act, as amended, shall read as follows: Repealed. Section 10. Copies of the petition, together with the order of the court herein provided for, shall in all cases be served upon the person in possession of such property, and all persons who are known to have any title or other interest in such property, and the return of service signed by the sheriff or his lawful deputy, or an affidavit of service executed by any citizen of this State, reciting that

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a copy of such petition and order was served upon the named condemnee personally, or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such named condemnee. It shall be the duty of such sheriff, or citizen, as the case may be, to cause such service to be made within three days from the date of the order of the judge on such petition. If any of the condemnees, or other persons known to have an interest in such property, shall reside out of the county, the judge shall order service to be made upon such party or parties and such service shall be perfected by causing a copy of such petition and order to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties, or such service may be made by any citizen, and the return of such sheriff or lawful deputy, or the affidavit of such citizen, that such party or parties were served, either personally or by leaving a copy of the petition and order at the residence, shall be conclusive as to such service. The sheriff, or any lawful deputy, of the county where such petition is filed, shall serve non-residents of this state by posting a copy of the petition, together with the order of the judge thereon on the bulletin board at the court house door of the county in which the property sought to be condemned is located for not less than five days prior to the time of the hearing before the special master, by the insertion of a notice, identifying the property sought to be condemned, as well as the date and place of the hearing before the special master, in a newspaper having general circulation in the county wherein such property is located, for one issue of said paper the date of which shall be not less than four nor more than seven days prior to said hearing before the special master, and being the same newspaper in which the sheriff's advertisements are carried, and where the address of such non-residents is known, by mailing to them by registered mail a copy of such petition and order. In the event of minors, or insane persons, or other persons laboring under disabilities, the guardian or other personal representative of such persons shall be served and, if such guardian or personal representative resides without the county or is a non-resident, he shall be served as hereinbefore provided in

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such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative, service shall be perfected by serving such minor or insane person personally or, in the event such minor or insane person lives out of the county or is a non-resident, by serving such minor or insane person by the method herein provided in the case of other persons who live out of the county or are non-residents, and by serving the ordinary of the county wherein such property is located, who shall stand in the place of and protect the rights of such minor or insane person, or appoint a guardian ad litem for such persons. In the event of unknown persons or unborn remaindermen, who are likely to have an interest in such property, or the proceeds thereof, the ordinary of the county wherein such property is located shall be served with a copy of the petition and order, and it shall be his duty to stand in the place and protect the rights of such unknown parties or unborn remaindermen. It being the purpose of this Act to quicken and simplify the condemnation proceeding in all cases where the public good shall require it, and to provide for a condemnation in rem against the property required to be taken or damaged, a substantial and reasonable effort to comply with the various modes of service herein provided for shall be sufficient, it being the purpose of this Act to, so far as is reasonably possible, protect the rights of all parties to be heard at the time of the hearing before the special master, but that, so far as the right to take or damage the property, or any interest therein, by the condemning body, upon the payment of the amount of the award by the special master into the registry of the court, is concerned, the award of the special master and the judgment of the court condemning the property to the use of the condemning body shall be conclusive. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1966.

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ACT DEFINING AGRICULTURAL PRODUCTS, ETC. AMENDED. No. 507 (Senate Bill No. 212). An Act to amend an Act defining the terms agricultural products, agricultural commodities, and farm products, as used in the laws of this State except as otherwise specifically defined by law, approved March 10, 1964 (Ga. L. 1964, p. 296), so as to include in said definition container grown products; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act defining the terms agricultural products, agricultural commodities, and farm products, as used in the laws of this State except as otherwise specifically defined by law, approved March 10, 1964 (Ga. L. 1964, p. 296), is hereby amended by inserting in section 1 between the word grown and the word horticultural the words and container grown, so that when so amended section 1 shall read as follows: Section 1. Except as otherwise specifically defined by law, the terms `agricultural products', `agricultural commodities' and `farm products', as used in the laws of this State shall include field grown and container grown horticultural products, both ornamental and floricultural, and turf grasses; provided, that this definition shall apply to refunds under the `Motor Fuel Tax Law' (Ga. L. 1937, p. 167, et seq.), as amended; provided further, that this definition shall not apply to the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. L. 1951, p. 360, et seq.), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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REVENUETAX DIGESTS, ETC. Code 92-6307 Amended. Code 92-6308 Repealed. No. 508 (Senate Bill No. 130). An Act to amend Code Chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, so as to delete therefrom the requirement that the names of colored taxpayers are compiled separately on the tax digest and that a report be submitted to the State Revenue Commissioner of the amount of taxes returned by colored taxpayers; to provide that the tax receivers shall accumulate certain statistical information; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 92-63, relating to the compilation of tax returns and the preparation of tax digests by the tax receivers, is hereby amended by striking in its entirety Code section 92-6307, relating to the entry of colored taxpayers' names on the tax digest, and substituting in lieu thereof a new Code section to read as follows: 92-6307 . The several tax receivers or tax commissioners shall accumulate such statistical information in regard to taxpayers of such nature as they shall deem to be of benefit to the State Revenue Commissioner, and nothing herein shall preclude or prohibit the State Revenue Commissioner from collecting such information as he shall deem necessary and beneficial in discharging the official duties of his office. Section 2. Said Code Chapter is further amended by repealing Code section 92-6308, relating to reports of the State Revenue Commissioner concerning the amount of taxes returned by colored taxpayers, in its entirety. Repealed. Section 3. The effective date of this Act shall be January 1, 1967. Effective date.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. COMPENSATION OF STATE SCHOOL SUPERINTENDENT. Code 32-510 Enacted. Code 32-511 Repealed. No. 509 (Senate Bill No. 56). An Act to amend Code Chaper 32-5, relating to the State Superintendent of Schools, as amended, so as to fix the compensation of the State Superintendent of Schools; to exempt the State School Superintendent from the operation of certain acts relating to uniform salaries of certain State officials; 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 32-5, relating to the State Superintendent of Schools, as amended, is hereby amended by adding a new Code section to be known as section 32-510 to read as follows: 32-510 . The State Superintendent of Schools shall be compensated in the amount of $22,500.00 per annum to be paid in equal monthly or semi-monthly installments. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office. Section 2. The following Acts are amended or repealed in the following manner as hereinafter set out: (a) An Act relating to uniform salaries of certain elected and appointed officials approved March 25, 1947 (Ga. L.

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1947, p. 673), as amended, is hereby amended by striking from the title and section 1 of said Act, the words State Superintendent of Schools. (b) An Act relating to uniform salaries of certain elected and appointed officials approved March 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 613), as amended, is hereby amended by striking from the title and section 1 of said Act, the words Superintendent of Schools. (c) An Act entitled An Act to amend Code section 32-511, relating to the compensation of the State Superintendent of Schools, so as to change the compensation; to repeal conflicting laws, and for other purposes, approved March 24, 1960 (Ga. L. 1960, p. 1184), is hereby repealed in its entirety. Section 3. This Act shall become effective upon its approval by the Governor or otherwise becoming law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT AMENDED. No. 510 (Senate Bill No. 67). 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,

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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), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), and an Act approved April 8, 1965 (Ga. L. 1965, p. 593), so as to provide for penalties and interest on funds to be remitted to the Board of Commissioners; to provide when said funds shall be delinquent; to authorize the Board to waive penalties imposed; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Peace Officers' Annuity and Benefit Fund, approved February 1, 1950 (Ga. L. 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 472), an Act approved February 12, 1952 (Ga. L. 1952, p. 81), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 574), an Act approved January 5, 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), an Act approved March 26, 1964 (Ga. L. 1964, p. 757), and an Act approved April 8, 1965 (Ga. L. 1965, p. 593), is hereby amended by adding at the end of section 10 a new paragraph to read as follows: When any person or authority, whose duty it is to collect and remit monies to the secretary-treasurer under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five percent (5%) of said principal amount per month for

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each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six percent (6%) per annum from the date said funds become delinquent until the same are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from said date. By affirmative vote of all members, the Board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section., Delinquent payments into fund. so that when so amended section 10 shall read as follows: Section 10. In all criminal and quasi-criminal cases for violating State statutes or municipal ordinances, wherein a fine, which shall be construed to include costs, is collected, or wherein a bond, which shall be construed to include costs, is forfeited and collected, in any court or tribunal in this State, a sum based upon the scale set out hereinafter for each such case shall be paid to the secretary-treasurer on the first day of each month thereafter or at such time as the board may provide by the person or authority collecting the same. Such sums shall be paid upon the following scale: For any fine or bond forfeiture of more than $4.00, but not more than $25.00$2.00. For any fine or bond forfeiture of more than $25.00, but not more than $50.00$3.00. For any fine or bond forfeiture of more than $50.00, but not more than $100.00$4.00. For any fine or bond forfeiture of more than $100.00$5.00. The sum provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. It is hereby made the duty of the person or authority collecting the said moneys to keep accurate records of the amounts due

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the board so that the same may be audited or inspected at any time by any representative of the board by direction of the board. Sums remitted to the secretary-treasurer under this section shall be used as provided for elsewhere in this Act. When any person or authority, whose duty it is to collect and remit monies to the secretary-treasurer under this section shall fail to remit such monies within 60 days of the date they are required to be remitted, the same shall be delinquent and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of five percent (5%) of said principal amount per month for each month during which the funds continue to be delinquent, not to exceed twenty-five percent (25%). There shall be added to the principal amount of funds which are delinquent, interest at the rate of six percent (6%) per annum from the date said funds become delinquent until the same are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from said date. By affirmative vote of all members, the Board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty provided for in this section. Section 2. This Act shall become effective April 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PRE-NEED FUNERAL SERVICE CONTRACT ACT. No. 511 (Senate Bill No. 78). An Act to provide for pre-need funeral service contracts; to provide a declaration of policy; to provide for definitions; to provide for the administration and enforcement of this Act by the Comptroller General; to provide for

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forms and regulations; to provide for certificates of authority; to provide for the disposition of proceeds received on contracts; to provide for a service fee; to provide for cancellation of contracts; to provide for the payment of funds upon the death of a named Beneficiary; to provide for exemption from liability of depositories; to provide for examinations and investigations; to prohibit false or misleading representations; to provide for revocation of certificates and liquidation proceedings; to provide for penalties; to provide for legislative intent; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Policy . It shall be deemed contrary to public policy for any person to receive, hold, control or manage funds or proceeds received from the sale of, or from a contract to sell, burial supplies and equipment and funeral services, or any one combination of them, where payments for same are made either outright or on an installment basis, prior to the demise of the person or persons so purchasing them, or for whom they are purchased, unless such person holds, controls or manages such funds subject to the limitations and regulations prescribed by this Act. Section 2. Definitions . (1) Persons means and shall include natural persons, partnerships, firms, associations and corporations, including agents and employees thereof, residing in or doing business in the State, authorized and licensed by the laws of this State to enage in the profession of funeral directing and to operate a funeral home, chapel, mortuary or funeral establishment. (2) Pre-Need Funeral Service Contract means any contract, other than a contract of insurance, under which for a specified consideration paid in advance in a lump sum or by installments a person promises upon the death of a Beneficiary named or implied in the contract to furnish funeral service or burial supplies and equipment.

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(3) Funeral Services or Service as used in this Act shall mean those services normally performed by funeral directors including the sale of burial supplies and equipment, but shall not include those services normally performed by a cemetery, including the sale by the cemetery of lands or interests therein, services, incidental thereto, markers, monuments, equipment or crypts constructed or to be constructed in a mausoleum or columbarium or affixed to the real property. (4) Comptroller means the State Comptroller General of Georgia. (5) Depository as used in this Act shall mean any State bank, savings bank, national bank, trust company or Federal savings and loan association located in and doing business in this State. (6) For the purpose of this Act, the person making the affidavit or the person responsible for making the arrangements for said funeral service shall mean in the order of priority and entitlement such person as may be named in the pre-need contract by the beneficiary. If no person is [Illegible Text], then surviving spouse. If no surviving spouse, an adult child of the deceased. If no adult child, then the person nominated as the personal representative of the deceased named in the last will and testament of said deceased or appointed otherwise by court order. If no person is so nominated, then a person entitled to inherit from the deceased under the laws of Georgia. If no person is so entitled to inherit, then the funeral director providing the services. Section 3. Forms and Regulations . The administration and enforcement of the provisions of this Act are vested in the Comptroller who is hereby directed to prepare and furnish all forms necessary under this Act including forms for applications for certificates of authority, for renewals thereof, for annual statements, for other required reports and for pre-need funeral service contracts. He is directed to promulgate such regulations, within the standards of this Act, considered by him to be necessary to effectuate the purposes of this Act.

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Section 4. Certificate of Authority Required . No person, except depositories, shall receive, hold, control or manage any funds tendered as payment on any pre-need funeral service contract until such person is possessed of a certificate of authority. An original certificate of authority shall expire on July 1st succeeding its issuance and annually thereafter on or before July 1st, a renewal may be issued under conditions herein set forth. Section 5. Certificate of Authority . (1) An application to the Comptroller for a certificate of authority and all renewals thereof shall be accompanied by a statement and other matters as required by this Act, and annually thereafter, on or before the first day of July. Such persons shall file said statement as of March 1st of the current year in which it is filed, and such other data and information which may be required by the Comptroller. (2) Such statement shall be in such form as shall evidence to the Comptroller the following: (a) The types of pre-need funeral service contracts proposed to be written; and, if a person is bound upon the effective date of this Act by a pre-need funeral service contract, or if the statement accompanies an application for a renewal of a certificate of authority; an itemization of all the outstanding pre-need funeral service contracts; the dates upon which such contracts were entered; the account numbers shall accompany all papers, certificates, receipts and directions of all parties involved in such contracts or having any right thereunder; the amount paid in on each contract; and, if payments are not completed, the amounts intended to be paid on each contract. (b) Name and address of place of business of person offering to write pre-need funeral service contracts. (c) That persons offering the statement had sufficient funds available during the calendar year to perform his obligations under his contract, and that he has maintained one hundred per cent (100%) of the funds received under

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contracts issued by himself as hereinafter described together with all interest, dividends, or accretions thereto which have been earned by said funds; and that he has complied with this Act and any rules or regulations of the Comptroller. (3) If such person is an individual, said statement shall be sworn by him; if a firm or association, by all members thereof; and, if a corporation, by the President and Secretary thereof. (4) The fees payable to the Comptroller for issuance of the original certificate and each annual renewal thereof shall be ten dollars ($10.00), which sum shall accompany each application for original certificate and, thereafter, each annual statement. (5) Upon the Comptroller's being satisfied that the statement and matters which may accompany it meet the requirements of this Act and of his rules and regulations and if, upon investigation by the Comptroller, it appears that the principals, including officers and directors, employees and agents of such persons are of good moral character and that he has not conducted or is not about to conduct his business in a fraudulent manner and is authorized to do business in this State, the Comptroller shall issue to such person said certificate of authority or renewal thereof. Section 6. Disposition of Proceeds Received on Contracts . (1) All of the funds received by any person offering and writing pre-neeed funeral service contracts shall be maintained unimpaired and shall be deposited at interest within five (5) days after receipt of the same in a State bank, savings bank, trust company, national bank or a Federal savings and loan association located in and doing business in this State. (2) All of the interest, dividends, increases or accretions of whatever nature earned by the funds required to be kept unimpaired by the preceding subsection (1) shall remain with such funds and shall become a part thereof and not

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be subject to withdrawal for any reason whatsoever, except in accordance with the provisions of this Act. (3) The funds referred to in subsections (1) and (2) of this section shall only be withdrawn when necessary to satisfy the terms of a pre-need funeral service contract; the requirements of this Act; cancelled pursuant to section 8 of this Act; or, the order of a court of competent jurisdiction. Section 7. Service Fee Charged . Any person selling such pre-need funeral service contract shall collect from each purchaser a service charge of five dollars ($5.00). All of such fees so collected shall be remitted by the person collecting the same to the Comptroller General at least once each month. Section 8. Cancellation of Contracts . Upon giving of fifteen (15) days written notice any person who has procured a pre-need funeral service contract from a person certified under this Act to have the authority to issue or write such contract may demand a refund of the entire amount actually paid on such contract, together with all interests, dividends, increases or accretions of any kind whatsoever, which have been earned by such funds. The depository shall be relieved of any liability for the payment of any funds under this section 8 upon receipt by it of the aforementioned written notice and the subsequent payment of funds. Section 9. Payment of Funds upon Death of Named Beneficiary . (1) Upon the death of a beneficiary named in a pre-need funeral service contract which contract has been paid in full, the person issuing such contract shall, as soon as notified by the person charged with the responsibility of making the funeral arrangements for the beneficiary named in said contract, proceed to prepare to execute the contract held by him; and, upon completion of the funeral service, he shall take from the person making such funeral arrangement an affidavit that he has performed the service required by said pre-need funeral service contract; and, upon presentation of said sworn affidavit together with a certified copy of the death certificate and his request for payment,

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in writing, to the depository where such funds are being held, withdraw the sum stated in said sworn affidavit. (2) If the contract has not been paid in full the funeral director may elect to negotiate with the person responsible for making the arrangements for the funeral of the beneficiary for the balance of the costs of the funeral and apply the amount paid on the contract and held by the depository, in which event the withdrawal of the funds from the depository would be in the same manner as provided above in Subsection (1) of this section. However, the funeral director may elect to cancel his contract, and in that event, the funeral director would notify the person in charge of making the arrangements for the funeral of his election to cancel the contract, and in that event, the person in charge of making the funeral arrangements for the beneficiary named in said contract shall present to the depository a certified copy of the death certificate together with an affidavit stating the name of the funeral director that did perform the funeral service for the burial of the deceased; whereupon, the depository shall pay over to the person making the affidavit the sum held by it for said deceased Beneficiary, which sum shall be held in trust by the person making the affidavit for the heirs, legatees, devisees or personal representative of the estate of said deceased. (3) Upon the death of the beneficiary if the face amount of the contract has been paid in full and then has accumulated interest, dividends or accretions of any kind over and above the face amount of the contract and the person making arrangements for the funeral of the beneficiary elects to spend more than the face amount of the contract for the funeral service, the full amount of the funeral director's bill shall be set out in an affidavit made by the person in charge of making the arrangements and the funeral director shall be entitled to withdraw from the depository, in the manner provided in subsection (1) hereinabove, the face amount of the contract plus so much of the interest, dividends or accretions as is necessary to fully pay the amount stated in the affidavit. Provided, however, if the amount stated in the affidavit is less than the amount held by the depository,

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then and in that event, the depository shall immediately, after having made payment to the funeral director as provided hereinabove, pay over the balance of said funds to the person designated in the pre-need funeral contract, if in life; if not in life, then to the person making the affidavit who shall hold said funds in trust for the heirs, legatees, devisees or personal representative of the estate of the deceased beneficiary. (4) In no event shall a funeral director perform a funeral service for such beneficiary of a lesser quality than that stated in the contract if such contract has been paid in full. Section 10. Depository Exempt from Liability . Upon the death of a beneficiary and upon payment to the person issuing said pre-need funeral service contract and upon the payment of any surplus funds as provided in the foregoing Section, the depository shall be relieved of any and all liability to any person whomsoever for any funds having been held by it under said pre-need funeral service contract which have been disbursed as provided hereinabove. Section 11. Examinations and Investigations . (1) All persons holding a certificate of authority shall keep accurate accounts, books and records in this State of all transactions; copies of all agreements; dates and amounts of payments made and accepted thereon; the names and addresses of the contracting parties; the persons for whose benefit funds are accepted; the names of the depositories of the funds and shall make all books and records pertaining to the trust funds available to the Comptroller for examination. The Comptroller may, at any time, investigate the books, records and accounts of said persons with respect to said trust funds and for that purpose may require the attendance of, and examine under oath, all persons whose testimony they may require. (2) The Comptroller is directed to make all known violations of this Act a matter of public record after thirty (30) days written notice to the violator of such violation. The Comptroller shall be the enforcement officer of this Act.

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Section 12. False, Fraudulent and Deceptive Advertising in Selling Practices . No person, or his agent or employees, holding a certificate of authority under the provisions of this Act may make any false or misleading representation with respect to the nature, quality, value or cost of a funeral service which is the subject matter of pre-need funeral service contract. For the purpose of this Act a false, fraudulent or deceptive practice shall include, but not be limited to, a representation that the funeral services or supplies being offered have a value in excess of that price for which such funeral services or supplies are being offered to the public at large or any substantial group thereof. Section 13. Revocation of Certificate and Liquidation Proceedings . (1) Whenever the Comptroller shall determine that a person holding a certificate of authority to issue preneed funeral service contracts: (a) Has not maintained the funds received from contracts together with interest, dividends or accretions thereto, in the unimpaired state described in Section 6 of this Act; or, (b) Has otherwise failed to comply with the provisions of this Act or any rule or regulation promulgated by the Comptroller in pursuance of this Act and if such person shall omit to correct any such failure, refusal or violation within thirty (30) days after written notice from the Comptroller to effect such correction the Comptroller may, the Attorney General representing him, file complaint setting forth the relevant facts in the Superior Court of the County in which the person holding a certificate of authority to issue pre-need funeral service contracts resided at the time of the issuance of the said contract, praying for issuance of an order to show cause why the business and affairs of such person should not be liquidated and a receiver appointed by the Court to accomplish such purpose. Section 14. Penalty . Any person, as defined herein, who shall receive, hold, manage or control any funds or proceeds realized from the writing and issuing of a pre-need funeral

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service contract, as defined herein, or any person who shall disburse such funds or proceeds in any manner other than as required by this Act, or any person who has violated any of the provisions of this Act or the rules and regulations promulgated hereunder shall be guilty of a felony and upon conviction shall be punishable by imprisonment in the penitentitary for not less than one year and not more than five years. Section 15. Legislative Intent . It is the legislative intent that the provisions of this Act shall be construed as a limitation upon the manner in which a licensed funeral director holding a license to operate a funeral establishment under the laws of the State of Georgia, is permitted to accept funds in prepayment of funeral services to be performed in the future to the end that at all times members of the public may have an opportunity to arrange for and pay for funerals for themselves and their families in advance of need while at the same time providing all possible safeguards whereunder such prepaid funds cannot be dissipated, whether intentionally or not, so as to be available for the payment of funeral services arranged for. Further, it is the legislative intent that no person may offer, sell or negotiate for sale of a pre-need funeral service contract through anyone who is not licensed to make funeral arrangements or plan details of funeral services as provided for in section 18 of an Act creating and establishing a State Board of Funeral Service, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, as well as the provisions of this Act. Further, it is the legislative intent that persons offering, selling or negotiating for the sale of a pre-need funeral service contract shall be subject to all of the provisions of an Act creating and establishing a State Board of Funeral Service, approved February 13, 1950 (Ga. L. 1950, p. 238), as amended, regulating the ethics and conduct of funeral directors and funeral establishments in this State, including, but not limited to, the provisions in section 19 of said Act, which prohibits the solicitation of funeral services by any person. Further, it is the legislative intent that none of the provisions of this Act shall be construed as repealing any of the provisions of the Georgia Insurance Code, as codified

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under Title 56 of the Code of Georgia as it now exists or is hereafter amended. Section 16. Certificate of Authority to Operate Cemetery . The provisions of this Act shall not be applicable insofar as they are contrary to any laws of the State covering persons holding a certificate of authority to operate a cemetery. Section 17 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly 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 18. This Act shall become effective on July 1, 1967. Effective date. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PRACTICE AND PROCEDURESATISFACTION OF EXECUTIONS, ETC. Code 39-609, 39-610 Enacted. Code 24-3327 Repealed. No. 512 (Senate Bill No. 6). An Act to amend Code Chapter 39-6, relating to the satisfaction of executions, so as to provide for the entering upon the fi. fa. of part payments made on judgments;

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to provide for the cancellation of executions; to repeal Code section 24-3327, relating to the execution and filing of an acknowledgment of the payment of a judgment; 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 39-6, relating to the satisfaction of executions, is hereby amended by adding at the end thereof the following two Code sections: 39-609 . When a payment on the execution shall be made which does not entirely satisfy the judgment upon which the execution has been issued, the plaintiff in fi. fa. or his attorney shall authorize the clerk to enter the amount of such payments upon the execution. 39-610 . Upon the satisfaction of the entire debt upon which the execution has been issued, the plaintiff in fi. fa. or his attorney shall direct the clerk to cancel the execution and mark the judgment satisfied. Section 2. Code section 24-3327, relating to the execution and filing of an acknowledgment of the payment of a judgment, is hereby repealed in its entirety. Repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. MUNICIPALITIESANNEXATION BY PETITION, PROCEDURE, ETC. No. 513 (Senate Bill No. 182). An Act to provide for a method, in addition to existing methods, for the annexation of areas contiguous to incorporated municipalities upon the application of not less than

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sixty perment (60%) of the land area included in such included in such application and the owners of at least sixty percent (60%) of the land area included in such application; to provide for municipal services to such areas; to provide for public hearings; to provide for the procedure connected therewith; to define contiguous area; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Authority is hereby granted to the governing bodies of the several incorporated municipalities of this State to annex to the existing corporate limits thereof unincorporated areas which are contiguous to the existing corporate limits at the time of such annexation, upon the written and signed application of not less than sixty percent (60%) of the electors resident in the area included in any such application and of the owners of not less than sixty percent (60%) of the land area, by acreage, included in such application. The authority hereby granted is in addition to existing authority, and is intended to provide a cumulative method of annexing territory to incorporated municipalities in addition to those methods provided by present law. Annexation. Each such application shall contain a complete description of the land proposed to be annexed. Lands to be annexed at any one time shall be treated as one body, regardless of the number of owners, and all parts shall be considered as adjoining the limits of the municipality when any one part of the entire body abuts such limits. Applications. For the purpose of determining the percentage of electors signing such application the municipal governing body shall obtain a list of electors residing in such area from the board of registrars of the county, or counties in which the area lies. Said list shall be compiled by the board of registrars and provided to the municipal governing body in accordance with section 34-636 of the Georgia Election Code, and the municipal governing body shall bear the expense of the preparation of such lists in the manner prescribed by such section. Electors.

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For the purpose of determining ownership of the property included within such application, the record title holder of the fee simple title, or his legal representative, shall be considered the owner of such property. Owner. Section 2. Whenever the governing body of a municipality shall receive such an application it shall, after investigation, determine whether such application complies with the requirements of this Act. If it is determined that such application does not comply with this Act, the governing body shall notify in writing the persons presenting such application stating wherein the application is deficient. If it is determined that such application does comply with this Act the municipal governing body shall proceed to act on said application in accordance with section 3 hereof. Procedure. Section 3. The municipal governing body shall hold a public hearing on any such application which has been determined to meet the requirements of this Act. Such hearing shall be held not less than fifteen (15) nor more than forty-five (45) days from the time the governing body makes a determination that such petition is valid. Notice of the time and place of such hearing shall be given in writing to the persons presenting the application and shall be advertised once a week for two consecutive weeks immediately preceding such hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation. Hearings. At such public hearing all persons resident or owning property in the municipality or in the area proposed for annexation may be heard on the question of the annexation of such area by the municipality; provided, however, that any property owner may withdraw his consent at any time through the date of the public hearing. Section 4. If after such public hearing the governing body determines that the annexation to the municipality of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of the municipality, said area may be annexed to the municipality by the adoption of an annexing ordinance. Same.

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Section 5. Contiguous area shall mean any area which, at the time annexation procedures are initiated, coincides with the municipal boundary on at least one-eighth of the area's aggregate external boundary. Any area separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, lands owned by the city, lands owned by a county, or lands owned by the State of Georgia shall be a contiguous area within the meaning of this Act when such area coincides with either the municipal boundary or such land or both on at least one-eighth of such area's aggregate external boundary. Provided there shall be no annexation across the boundary lines of any political subdivision under the provisions of this Act. Contiguous area. Section 6. A municipality exercising authority under this Act shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in section 3 of this Act, prepare a report setting forth such plans to provide services to such area. The report shall include: (a) A map or maps of the municipality and adjacent territory to show the following information: Report. (1) The present and proposed boundaries of the municipality. (2) The present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required by this Section. (b) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service performed within the municipality at the time of annexation. Specifically, such plans shall: (1) Provide for extending police protection, fire protection, garbage collection and street maintenance services to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality

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prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonably effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines. (2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed within twelve months of the effective date of annexation so that when such lines are constructed property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions. Section 7. When such application is acted upon by the municipal authorities and the land is, by ordinance, annexed to the municipality, a complete survey by a competent surveyor, not necessarily a county surveyor, shall be filed as a part of the ordinance annexing the territory and a copy certified to by the clerk or similar official of the municipality shall be filed with the Secretary of State of the State of Georgia and municipal ad valorem taxes shall not apply to property within the annexed territory until January 1 of the following year. When so annexed, such lands shall constitute a part of the lands within the corporate limits of the municipality as completely and fully as if the limits had been marked and defined by special Act of the General Assembly. Plat, taxes, etc. Incorporated municipality as used in this Act shall mean an incorporated municipality which has a population of 200 or more persons according to the 1960 Federal Decennial census or any future such census. Incorporated municipality. Section 8. Nothing within this Act shall prohibit the municipality from requiring the residents of the new annexed area to use city owned utilities when they are available. Utilities. Section 9. Within thirty (30) days of the effective date of the ordinance annexing such land to the municipality,

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any resident elector of the area so annexed or of the municipality, or any property owner of such area or of the municipality, may bring a petition for declaratory judgment in the superior court of the county of the legal situs of the annexing municipality to determine the validity, in accordance with this Act, of the application and the municipality's action thereon. Whenever such a petition is filed with the municipal governing body shall file with the court the record of their official actions in regard to such application and a certified copy of the annexing ordinance. Declaratory judgment. The judgment of the court on any such petition may declare the annexation ordinance null and void upon a finding that the application, and the municipality's action thereon, are not in substantial compliance with this Act. Upon a finding that procedural defects or defects in the plan for service to the annexed area exist, the court shall, where possible, frame a judgment to perfect such defect and uphold the ordinance. Actions provided for in this section shall be in accordance with the Declaratory Judgment Act, and any aggrieved party may obtain a review of a final judgment under this section as by law in other cases provided. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1966. MEMORIAL TO COMMEMORATE WALTER F. GEORGE. No. 160 (Senate Resolution No. 55). A Resolution. Authorizing a statue, bust or other memorial of Walter Franklin George to be placed in the halls of the Capitol of the State of Georgia; and for other purposes.

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Whereas, the late Walter Franklin George of Vienna, Dooly County, Georgia, was a prominent and outstanding Georgian; and Whereas, his distinguished public service to the State, the nation and the world for over fifty (50) years included Solicitor General, Cordele Judicial Circuit; Judge, Cordele Judicial Circuit; Judge, Court of Appeals of Georgia; Associate Justice, Supreme Court of Georgia; United States Senator from Georgia; and Special Representative of the President of the United States to the North Atlantic Treaty Organization; and Whereas, the annals of history will record Walter F. George as one of the Nation's Greatest Statesmen; and Whereas, many citizens and organizations of the State of Georgia have expressed a desire to place a fitting memorial to commemorate the late Walter F. George in the halls of the Capitol of the State of Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the permission of the State is hereby granted for the construction of a suitable statue, bust or other memorial to commemorate the life and public service of the late Walter F. George, and the permission of the State is hereby granted for the placing of such memorial in the halls of the Capitol of the State of Georgia. Be it further resolved that the Secretary of State of the State of Georgia is hereby designated as the agent of the State for the purpose of commissioning an appropriate person or persons to construct said memorial and to select a suitable site in the halls of the Capitol of the State of Georgia where such memorial shall be placed. Be it further resolved that the Secretary of State shall be further authorized to have a copy of this resolution, the names of the donors and such other information, as the Secretary of State may in his discretion determine, bound in a suitable book in order that all matters relative to the construction of said memorial shall be perpetually preserved.

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Be it further resolved that upon its completion, said book be placed in the Department of Archives as part of the permanent records of the State of Georgia. Be it further resolved that the Secretary of State shall be authorized to accept gifts from persons and organizations desiring to participate in the construction of said memorial. Be it further resolved that the Secretary of State of the State of Georgia is hereby designated the trustee of such funds, and he is hereby authorized to expend such funds for the purposes set forth in this resolution. Be it further resolved that the Secretary of State shall be authorized to confer with such persons as he may desire in carrying out the provisions of this resolution, but all final determinations relative to this resolution shall be made by the Secretary of State of the State of Georgia. Be it further resolved that the Secretary of State is hereby granted such other authority as may be necessary to effectuate the purposes of this resolution. Approved March 10, 1966. COMMITTEE TO STUDY ESTABLISHMENT OF STATE LIAISON OFFICE IN WASHINGTON, D. C. No. 168 (Senate Resolution No. 65). A Resolution. Creating an interim committee to study all matters relating to the feasibility of establishing a state liaison office in Washington, D. C.; and for other purposes. Whereas, several states have established state liaison offices in Washington, D. C., which has resulted in substantial economic benefits to such states; and

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Whereas, the main purpose of establishing a state liaison office in Washington is to foster, enhance and protect the economic interests of the state it represents; and Whereas, such state liaison offices serve many functions in coordinating various programs and aiding the industry of their respective states in securing governmental contracts and otherwise promoting the industrial development and business growth of such states; and Whereas, the experience of states which have established such offices in Washington indicates that the benefits received far exceed the costs to such states. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a joint legislative interim committee to study all matters relating to the feasibility of establishing a state liaison office in Washington, D. C. Said committee shall be composed of five members of the Senate to be appointed by the President of the Senate, and five members of the House of Representatives to be appointed by the Speaker of the House. By way of illustration and not of limitation, said committee shall examine the types of offices which have been established by other states, the scope of activities of such offices, the staffing of such offices and the costs involved in the operation of such offices. 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, expenses and allowances authorized for legislative members of interim legislative committees. The members of

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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 but shall receive the same for not more than ten (10) days. Any other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to or available to the legislative branch of government. Said 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 on or before December 1, 1966, on which date the committee shall stand abolished. Approved March 10, 1966. AIR POLLUTION STUDY COMMITTEE. No. 169 (Senate Resolution No. 80). A Resolution. To create the Air Pollution Study Committee; and for other purposes. Whereas, the problem relative to air pollution is becoming increasingly complex; and Whereas, the members of this body are in need of information in order that they might vote more intelligently on legislation concerning air pollution. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Air Pollution Study Committee to be composed of five members of the Senate to be appointed by the President and five members of the House to be appointed by the Speaker. The Committee shall study all aspects of the problem relative to air pollution and is hereby authorized to consult with persons and organizations knowledgeable in this field. The members of the Committee shall receive the compensation,

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per diem, expenses and allowances authorized for members of interim legislative committees but shall receive the same for not more than ten days. The Committee shall make a report of its findings and recommendations on or before December 1, 1966, on which date the Committee shall stand abolished. The funds necessary for this Resolution shall come from the funds appropriated to and available to the legislative branch of the government. Approved March 10, 1966. CENTRAL COMPUTERIZED CRIMINAL RECORDS SYSTEM STUDY COMMITTEE. No. 170 (Senate Resolution No. 49). A Resolution. Creating an interim study committee to study the feasibility of establishing a central computerized criminal records system for the State of Georgia; and for other purposes. Whereas, there is no centralized criminal records system in the State of Georgia and various agencies of state government and units of local government maintain separate and often duplicatory records on criminals; and Whereas, records maintained on criminals are often sketchy and incomplete; and Whereas, various state and federal governmental agencies and local governmental units often find it difficult to get satisfactory information on criminals from the files of other agencies and units; and Whereas, the lack of an effective criminal records system often hampers criminal investigation, as well as prevention of crime through surveillance techniques; and Whereas, the lack of a satisfactory records system makes classification of prisoners and the planning of their rehabilitation quite difficult; and

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Whereas, better criminal records would be of considerable benefit to the courts of the state in the trial of cases and to parole and probation officials in considering whether a criminal should be paroled or placed on probation; and Whereas, some of the states in the nation, notably New York, are currently taking steps to place all criminal records on tapes on computers, making information on criminals almost instantaneously available to any police agency in the state; and Whereas, such a system of computerized records probably would be much more efficient, economical, and effective than a less automated system; and Whereas, the State of Georgia has made rapid strides in utilization of computers in various agencies of the State government and in computing centers at the University of Georgia and the Georgia Institute of Technology; and Whereas, a computerized criminal records system could make available to every police agency in the State of Georgia instantaneous information on criminals and aid immeasurably in surveillance and apprehension of criminals; and Whereas, a good criminal records system will be badly needed to carry on an effective job of diagnosis and classification when the Diagnostic and Classification Center is opened in Butts County so as to plan for each person committed an effective program of rehabilitation; and Whereas, such a records system could do much to improve the probation and parole processes in the State; and Whereas, it has been proved without question that the confidentiality of criminal records can be maintained even more effectively on computers than in conventional files; and Whereas, the State of Georgia would seem to have an opportunity to take a place among the leading states of the nation in adopting a modern criminal records system

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to aid in bringing about better law enforcement in the State; and Whereas, such a criminal records system would enable the State to obtain objective measures on how effectively it is functioning in rehabilitation; and Whereas, such a records system would provide the necessary data to conduct research which could lead to more effective crime prevention and law enforcement; and Whereas, the establishment of such a computerized criminal records system probably would take several years to plan and install. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a Committee on a Computerized Criminal Records System for Georgia to be composed of three (3) members of the Senate and three (3) members of the House of Representatives, to be appointed by the Lieutenant Governor and the Speaker of the House, respectively. The Committee shall investigate the feasibility of establishing a central computerized criminal records system in Georgia; and, if it is determined to be feasible, steps which should be taken to initiate planning and implementation of such a system. It is suggested that the Committee confer with specialists in electronic data processing and with experts in crime and delinquency. It is contemplated that the Committee might visit one or more states which are in the process of instituting a computerized criminal records system. It is further contemplated that the Committee might invite officials of other state governments or representatives of private agencies to meet with the Committee and explain what is being done in other states to implement a computerized criminal records system, and what might be done in Georgia. It is also contemplated that the Committee might call upon one or more agencies and individuals in the universities and colleges of the State to conduct studies or make investigations for it.

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The Committee is authorized to conduct such hearings as it may deem necessary, both in the State Capitol and at other locations. The Committee members shall receive the compensation, per diem, expenses and allowances which are authorized for members of interim legislative committees; provided, however, that the Committee shall be authorized to meet not more than ten (10) 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. The Committee shall render a written report to members of the Georgia General Assembly no later than November 30, 1966. Approved March 10, 1966. CONVEYANCE OF LAND TO CITY OF AMERICUS. No. 171 (House Resolution No. 112-196). A Resolution. Authorizing the conveyance of a certain tract of state-owned property; and for other purposes. Whereas, on December 12, 1940, the City of Americus conveyed to the State of Georgia a certain tract of land for the purpose of being employed by the Department of Public Safety as a barracks for certain personnel thereof; and Whereas, said tract of land is described as follows: That certain city lot with all improvements thereon in the City of Americus, Sumter County, Georgia, which is more particularly described as follows: Commencing on the east side of McGarrah Street at a point two hundred forty-five (245) feet south of the southeast intersection

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of McGarrah and Allen Streets in said city and running slightly north of east a distance of two hundred twenty-five (225) feet; thence slightly southeast a distance of one hundred ten (110) feet; thence slightly southwest a distance of two hundred twenty-five (225) feet to McGarrah Street; thence north along the east side of McGarrah Street a distance of one hundred ten (110) feet to point of beginning.; and Whereas, the deed conveying said tract is located in deed book 24, pages 576, in the office of the clerk of superior court of Sumter County; and Whereas, new barracks have been constructed for the purpose of housing personnel of said Department of Public Safety; and Whereas, the City of Americus and Sumter County have entered into an agreement whereby the said governmental entities have agreed to contribute toward the cost of acquiring and constructing these new facilities; and Whereas, at the present time the above-described tract of land is no longer used by the State of Georgia for any purpose; and Whereas, it is the intention of the City of Americus to apply the proceeds derived from the sale of the above tract of land as a portion of their obligation for the aforesaid purpose. 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 the City of Americus for and in consideration of the sum of $10.00 and the benefits flowing to the State of Georgia the above-described tract of land as hereinbefore set forth. Approved March 10, 1966.

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TORT LIABILITY OF PARENTS, ETC. FOR WILFUL ACTS OF CHILDREN. No. 514 (House Bill No. 32). An Act to provide that every parent or other person in loco parentis having in custody and control over a minor child or children under the age of seventeen shall be liable for the wilful and wanton acts of said minor child or children resulting in injury or damage to the person or property, or both, of another; to provide that this Act shall not affect the liability of such parent or other person in loco parentis under the family-purpose car doctrine or any statutes now in force and effect; to repeal an Act entitled, An Act to provide that the parent having the custody and control of a minor child or children under the age of seventeen shall be liable for the wilful and wanton acts of vandalism of said minor child or children and further to provide that nothing in this Act shall be construed to affect liability of said parent under the `family-purpose car doctrine' or any statutes now in force and effect, to repeal conflicting laws and for other purposes., approved March 9, 1956 (Ga. L. 1956, p. 699); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Every parent or other person in loco parentis having the custody and control over a minor child or children under the age of seventeen shall be liable for the wilful and wanton acts of said minor child or children resulting in death, injury or damage to the person or property, or both, of another. This Act shall be cumulative and shall not be restrictive of any remedies now available to any person, firm or corporation for injuries or damages arising out of the acts, torts or negligence of a minor child under the family-purpose car doctrine or any statutes now in force and effect in the State of Georgia. Section 2. An Act entitled, An Act to provide that the parent having the custody and control of a minor child or children under the age of seventeen shall be liable for the

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wilful and wanton acts of vandalism of said minor child or children and further to provide that nothing in this Act shall be construed to affect liability of said parent under the `family-purpose car doctrine' or any statutes now in force and effect, to repeal conflicting laws and for other purposes., approved March 9, 1956 (Ga. L. 1956, p. 699), is hereby repealed in its entirety. Repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CRIMESSTEALING, ETC. TRADE SECRETS. No. 517 (House Bill No. 344). An Act to provide that any person who, (a) steals or embezzles an article representing a trade secret, or (b) without authority makes or causes to be made a copy of an article representing a trade secret, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, shall be guilty of a misdemeanor, if the value of the article stolen, embezzled or copied, including the value of the trade secret represented thereby, is less than $200.00; to provide that any person who (a) steals or embezzles an article representing a trade secret, or (b) without authority makes or causes to be made a copy of an article representing a trade secret, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, shall be guilty of a felony, if the value of the article stolen, embezzled or copied, including the value of the trade secret represented thereby, is $200.00 or more; to provide that any person who by force or violence or by putting him in fear takes from the person of another any article representing a trade secret shall be guilty of a felony; to provide that

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in a prosecution for any violation of the provisions of said Act it shall be no defense that the person so charged returned or intended to return the article so stolen, embezzled or copied; to provide for penalties; to provide for definitions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. As used in this Act: (a) The word article means any object, material, device or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map. Definitions. (b) The word representing means describing, depicting, containing, constituting, reflecting or recording. (c) The term trade secret means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value; and a trade secret shall be presumed to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (d) The word copy means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article. Section 2. Any person who; (a) Steals or embezzles an article representing a trade secret, or (b) Without authority makes or causes to be made a copy of an article representing a trade secret, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, shall be guilty of a misdemeanor, if the value of the article stolen, embezzled or copied, including the value of the trade secret

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represented thereby, is less than $200.00, and upon conviction thereof shall be punished as for a misdemeanor. Misdemeanors. Section 3. Any person who; (a) Steals or embezzles an article representing a trade secret, or (b) Without authority makes or causes to be made a copy of an article representing a trade secret, with intent to deprive or withhold from the owner thereof the control of a trade secret, or with an intent to appropriate a trade secret to his own use or to the use of another, shall be guilty of a felony, if the value of the article stolen, embezzled or copied, including the value of the trade secret represented thereby, is $200.00 or more, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than three years nor more than ten years. Felonies. Section 4. Any person who by force or violence or by putting him in fear takes from the person of another any article representing a trade secret shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than three years nor more than ten years. Felonies. Section 5. In a prosecution for any violation of the provisions of this Act it shall be no defense that the person so charged returned or intended to return the article so stolen, embezzled or copied. Intent. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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CRIMINAL PROCEDUREBAIL IN MISDEMEANOR CASES. Code 27-902 Amended. No. 518 (House Bill No. 307). An Act to amend Code section 27-902, relating to amount of bail in misdemeanor cases; acceptance by sheriffs and constables, so as to provide that sheriffs and constables may accept cognizance bonds in certain misdemeanor cases involving military personnel; to provide the conditions under which said bond shall be acceptable; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 27-902, relating to amount of bail in misdemeanor cases; acceptance by sheriffs and constables, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 27-902 to read as follows: 27-902. Amount of bail in misdmeanor cases; acceptance by sheriffs and constables .The sheriffs and constables shall accept bail in such reasonable amount as may be just and fair, for any person or persons charged with the offense of a misdemeanor, provided that the sureties tendered and offered on said bond are approved by a sheriff of any county. Any sheriff or constable shall be allowed to accept in lieu of bail a cognizance bond executed and signed by the commanding officer, or his lawfully delegated subordinates, of any military personnel, charged with misdemeanors and whose bonds have been fixed at not more than $400.00 plus costs. Such a person charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs may be accepted on behalf of the military installation by his commanding officer or by persons designated by the commanding officer of said military installation under the following terms and conditions:

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(a) Immediately following his release he will be returned by the military police or other designated authority directly to the military installation and delivered to the duty officer of the command to which he is attached. (b) He then will be restrained as appropriate in each case. The restraint will be for a minimum of twelve hours in all cases involving consumption of alcoholic beverages. He, normally, will be restricted to the limits of the military installation until such time as the charges are dismissed or his case has been adjudicated. (c) He will not be transferred, granted leave, or discharged from the military service without 36 hours notice to the sheriff or his deputy sheriff. (d) He will be delivered to the sheriff or his deputy on demand. (e) These terms or conditions will be withdrawn only upon his posting the required bond or otherwise being released by the sheriff, his deputy, or the appropriate court. The cognizance bond shall be of the following type: In consideration of the release of..... charged with..... it is agreed that aforementioned prisoner will be restrained at the..... (appropriate military installation)..... in whatever degree considered to be appropriate by his Commanding Officer. This restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. It is further agreed that he will not be transferred, granted leave or discharged from the..... (appropriate service)..... without notice to the sheriff or his chief deputy, and will be delivered to the sheriff or his deputy upon demand. These terms and conditions will be withdrawn only upon his posting of the required personal bond or upon the release by the sheriff, his deputy or the appropriate court. Signed..... Official Title.....

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CRIMINAL PROCEDUREBONDS, ARRAIGNMENT, WITNESSES, ETC. Code Title 27 Amended. No. 519 (House Bill No. 36). An Act to amend Code Title 27, relating to criminal procedure, as amended, so as to delete therefrom the requirement that a jury be present in order that an appearance bond or recognizance may be forfeited; to provide for an arraignment date for persons accused of the commission of crimes; to provide for the giving of notice of such arraignment dates; to provide that appearance bonds or recognizances shall, in addition to all other requirements, be conditioned upon the principal appearing at his arraignment; to provide that under certain circumstances no witness shall be allowed to testify for the state whose name is not furnished to the defendant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 27, relating to criminal procedure, as amended, is hereby amended by striking from Code section 27-905, relating to the procedure for the forfeiting of appearance bonds or recognizances, the last sentence thereof, so that when so amended Code section 27-905 shall read as follows: 27-905. Proceedings to forfeit recognizances . Upon the failure of any principal in any bond or recognizance given by a person charged with a penal offense to appear, or of a prosecutor to prosecute, or of a witness to appear and testify, the prosecuting attorney shall proceed to forfeit such bond or recognizance.

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Section 2. Said Code Title is further amended by striking in their entirety Code section 27-1401, relating to the prohibition of prisoners being brought into court in fetters, and Code section 27-1402, relating to the placing of the prisoner in the bar dock, and substituting in lieu thereof new Code sections to read as follows: 27-1401 . In all criminal cases, the court shall fix a date on which the defendant shall be arraigned. The clerk of the court, at least three days prior to the date set therefor, shall mail to the accused, and his attorney of record, if known, notice of the date which has been fixed for such arraignment. This notice may be served by the sheriff or his lawful deputies. On the date fixed by the court, the accused shall be arraigned. The court shall receive the plea of the accused and enter such plea as is provided for hereinafter. In those cases wherein a plea of not guilty is entered, the court shall set the case down for trial at such time as shall be determined by the court. The appearance and entering a plea by the accused shall be a waiver of the notice required herein. Arraignment. 27-1402 . In addition to all other requirements prescribed for appearance bonds or recognizances, the appearance bond or recognizance given by a person accused of the commission of a crime shall be conditioned upon the principal presenting himself before the court at the time fixed for his arraignment. Bonds. Section 3. Said Code Title is further amended by adding at the end of Code section 27-1403, relating to the furnishing to the defendant of a copy of the accusation and a list of witnesses, the following sentence: Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear upon the list of witnesses as furnished to the defendant unless the solicitor or prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.,

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so that when so amended Code section 27-1403 shall read as follows: 27-1403 . Every person charged with an offense against the laws shall be furnished, on demand, previously to his arraignment, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear upon the list of witnesses as furnished to the defendant unless the solicitor or prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses. Witnesses. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CRIMESFLIGHT FROM STATE TO AVOID PROSECUTION. No. 521 (House Bill No. 146). An Act to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony, and upon conviction

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thereof shall be punished by confinement in the penitentiary for not less than one nor more than two years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. CONTRIBUTION AMONG TRESPASSERS. Code 105-2012 Amended. No. 522 (House Bill No. 140). An Act to amend section 105-2012 of the Code of Georgia of 1933, which section provides for the right of contribution among several trespassers so as to provide for the right of contribution where the several trespassers are not jointly sued; 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. Section 105-2012 of the Code of Georgia of 1933 be and the same is hereby amended as follows: (a) By prefacing the present language with a (2); (b) As so amended, by adding to said section a subsection as follows: (1) Where the tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if they had been jointly sued; So that, as amended, the said section will read: (1) Where the tortious act does not involve moral turpitude, contribution among several trespassers may be enforced just as if they had been jointly sued;

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(2) If judgment is entered jointly against several trespassers, and is paid off by one, the others shall be liable to him for contribution. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1966. GEORGIA EDUCATION IMPROVEMENT COUNCIL ACT AMENDEDPER DIEM OF MEMBERS. No. 523 (House Bill No. 241). An Act to amend an Act creating the Georgia Educational Improvement Council, approved March 18, 1964 (Ga. L. 1964, p. 711), so as to provide for the payment of per diem and reimbursement of expenses of the Chairman of the State Board of Education and the Chairman of the State Board of Regents when in attendance at meetings or functions of the Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Educational Improvement Council, approved March 18, 1964, (Ga. L. 1964, p. 711), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The Governor shall provide the Council with such office space as may be necessary for the Council to perform its purposes and functions and the Council shall be authorized to employ such staff and consultants as may be reasonably necessary to carry out the purposes and functions of the Council from such funds as may be made available to the Council. Appointive members of the Council, members of the Council from the General Assembly, the Chairman of the State Board of Education, and the Chairman

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of the State Board of Regents, shall be entitled to receive twenty ($20.00) dollars per diem when in attendance at meetings or functions of the Council, plus reimbursement for actual expenses necessarily incurred therewith. The other members of the Council shall not be entitled to receive per diem but shall be entitled to receive reimbursement for actual expenses necessarily incurred in connection with attendance at meetings or functions of the Council. Provided, nevertheless, that the funds for the Georgia Educational Improvement Council shall be such only as are appropriated by separate line item by the General Assembly of Georgia based upon a budget request of such Council. In the event that any member of the Council is an officer or employee of any other branch of State Government he shall be compensated from the funds appropriated for the operation of that branch of which he is an employee or member. When such member is so compensated out of funds other than those appropriated to the council, the department or agency paying such compensation shall notify the Budget Director and the State Treasurer and the appropriation of said council shall be reduced in a like amount. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PUNISHMENT FOR LARCENIES. Code 26-2625 Amended. No. 524 (House Bill No. 464). An Act to amend Code section 26-2625, relating to punishment for larceny, so as to change the punishment for certain larcenies when the value of the goods taken exceeds a certain amount; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2625, relating to punishment for larceny, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new Code section 26-2625 to read as follows: 26-2625. Punishment for other larcenies .All simple larcenies of the personal goods of another, not mentioned or particularly designated in this Code, shall be punished as misdemeanors, except those cases where the money, or things stolen, exceeds in value fifty ($50.00) dollars; then the punishment shall be imprisonment in the penitentiary for not less than two (2) years nor more than five (5) years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. ALAPAHA JUDICIAL CIRCUITCOMPENSATION, ETC. OF SOLICITOR-GENERAL. No. 525 (House Bill No. 163). An Act to amend an Act abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 627), so as to change the compensation paid to the solicitor general; to repeal the amendatory Act approved April 12, 1963 (Ga. L. 1963, p. 627); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system existing in the superior courts of the Alapaha Judicial Circuit, approved March 10, 1933 (Ga. L. 1933, p. 801), as amended,

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particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 627), is hereby amended by striking the first paragraph of section 2 in its entirety and inserting in lieu thereof a new first paragraph of section 2 to read as follows: Section 2. The salary of the solicitor general of the said Alapaha Judicial Circuit shall be the sum of $9,180.00 per annum in addition to the salary of $250.00 per annum prescribed in Article VI, Section XII, Paragraph I of the Constitution of this State, which said salary of $9,180.00, shall be paid as follows: The County of Atkinson in said Alapaha Judicial Circuit shall pay to the Solicitor General of said circuit a salary of $1,080.00 per annum; the County of Berrien in said Alapaha Judicial Circuit shall pay to the solicitor general of said circuit a salary of $2,700.00 per annum; the County of Clinch in said Alapaha Judicial Circuit shall pay to the solicitor general of said circuit a salary of $1,740.00 per annum; the County of Cook in said Alapaha Judicial Circuit shall pay to the solicitor general of said circuit a salary of $2,700.00 per annum; and the County of Lanier in said Alapaha Judicial Circuit shall pay to the solicitor general of said circuit a salary of $960.00 per annum, all of said sums shall be paid out of the general treasury or depositories of the various counties composing said circuit. Section 2. Said Act is further amended by repealing section 1 of the amendatory Act approved April 12, 1963 (Ga. L. 1963, p. 627). Repealed. Section 3. Said Act is further amended by striking section 5 in its entirety, as amended, particularly by section 2 of an Act approved April 12, 1963 (Ga. L. 1963, p. 627), and inserting in lieu thereof a new section 5 to read as follows: Section 5. Said salary of $9,180.00 and the constitutional salary hereinbefore referred to shall be in full payment of all services of said solicitor general, and he shall be entitled to no other funds or fees except as provided by section 6 of this Act. Said solicitor general shall pay all of his traveling expenses and all expenses incurred by him in the preparation for trial of cases, and shall pay for stenographic

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service and clerical aid employed by him. The said counties of the Alapaha Judicial Circuit shall not be liable for any of the items of expenses aforesaid. The solicitor general shall not be required to pay for the services of attorneys working with the grand jury while the solicitor general is otherwise employed in the court. Such services of the other attorneys shall be paid for out of the county treasuries upon an order approved from the presiding judge. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. SOLICITORS-GENERAL EXPENSE ALLOWANCE. No. 526 (House Bill No. 572). An Act to provide an annual contingent expense allowance for each of the solicitors general of the superior courts; to provide for the payment of said allowance; to provide the procedure connected with the foregoing; to repeal specific laws; 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 annual contingent expense allowance for each of the solicitors general of the superior courts shall be, and the same is hereby fixed in the sum of $3,600.00, which shall be in addition to any salary or fees received from the State. Section 2. The annual contingent expense allowance herein provided and fixed shall be paid in equal monthly installments by the State Treasurer from funds appropriated or otherwise made available for the operations of the superior courts. Section 3. An Act entitled An Act to authorize and provide a contingent expense allowance, payable from the

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treasury of the State of Georgia, for the judges of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said sum and the amount thereof; to repeal conflicting laws; and for other purposes., approved February 10, 1951 (Ga. L. 1951, p. 78), as amended by an Act entitled An Act to authorize and provide a contingent expense allowance, payable from the treasury of the State of Georgia, for the judges and solicitors-general of the superior courts of the judicial circuits of the State of Georgia; to provide for the method of paying said sum and the amount thereof; to repeal conflicting laws; to amend Act No. 99, Georgia Laws 1951, page 78; to repeal an Act providing for certain expense allowances for solicitors-general, approved February 21, 1951 (Ga. L. 1951, p. 625); to provide for an effective date; and for other purposes., approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 370), is hereby repealed in its entirety and said amendatory Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 370), is also repealed. Repealed. Section 4. An Act entitled An Act to provide for the payment of not more than two thousand dollars ($2,000.00) per annum to each solicitor-general for travel expenses, subsistence, clerical help, telephone calls and other expenses; to repeal conflicting laws; and for other purposes., approved February 21, 1951 (Ga. L. 1951, p. 625), is hereby repealed in its entirety. 1951 Act repealed. Section 5. This Act shall become effective on July 1, 1966. Effective date. Section 6. The repeal of the Acts described in sections 3 and 4 shall not revive or restore any Act, or part thereof, heretofore amended, repealed or superseded. Intent. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 10, 1966.

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STATEWIDE PROBATION ACT AMENDEDREVOCATION OF PROBATION. No. 527 (Senate Bill No. 201). An Act to amend section 12 of the Act of the General Assembly known as the Statewide Probation Act approved February 8, 1956 (Ga. L. 1956, p. 27, 33), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 857), so as to provide that the probationary feature of a criminal sentence may be revoked in the county of supervision where it is different than the county of original conviction; to provide for ten days' written notice to the sentencing court prior to a revocation hearing on the merits in a court other than the court of conviction; to provide for recording revocation orders in a county other than that of conviction; 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, p. 27, 33), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 857), is hereby amended by striking section 12 of said Act in its entirety and inserting in lieu thereof a new section 12 to read as follows: Section 12. Whenever, within the period of probation, a probation officer believers that a probationer under his supervision has violated his probation in a material respect, he may arrest such probationer without warrant, wherever found, and return him to the Court granting such probation, or, if under supervision in a county or Judicial Circuit other than that of conviction, to a Court of equivalent original criminal jurisdiction within the county wherein the probationer resides for purposes of supervision. Any officer authorized by law to issue warrants may issue a warrant for the arrest of the probationer upon affidavit of one having knowledge of the alleged violation, returnable forthwith before the Court in which revocation proceedings are being brought. The Court, upon the probationer being

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brought before it, may commit him or release him with or without bail to await further hearing or it may dismiss the charge. If such charge is not dismissed at this time, the Court shall give the probationer an opportunity to be fully heard at the earliest possible date on his own behalf, in person or by counsel; provided that if the revocation proceeding is in a Court other than the Court of original criminal conviction, the sentencing court shall be given ten (10) days' written notice prior to a hearing on the merits. After such hearing the Court may revoke, modify or continue the probation. If such probation is revoked, the Court may order the execution of the sentence originally imposed, or any portion thereof. Provided, however, that in such event, the time that the defendant has served under probation shall be considered as time served and shall be deducted from and considered a part of the time he was originally sentenced to serve. In cases where the probation is revoked in a county other than the county of original conviction, the Clerk in such county revoking probation may record the Order of Revocation in the Judge's minute docket which shall constitute sufficient permanent record of the proceedings in that Court, and shall send one copy of the Order revoking probation to the Department of Corrections to serve as a temporary commitment, and shall send the original Order revoking probation and all other papers pertaining thereto, to the county of original conviction to be filed with the original records; the Clerk of the county of original conviction shall then issue a formal commitment to the State Board of Corrections. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 10, 1966.

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COMPENSATION OF COURT BAILIFFS. Code 59-120 Amended. No. 528 (Senate Bill No. 126). An Act to amend Code section 59-120 relating to the compensation of jurors and court bailiffs, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 73), and by an Act approved February 15, 1957 (Ga. L. 1957, p. 43), so as to change the maximum amount allowable for court bailiffs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 59-120 relating to the compensation of jurors and court bailiffs, as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 73), and by an Act approved February 15, 1957 (Ga. L. 1957, p. 43), is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section 59-120 to read as follows: 59-120. Compensation of jurors and court bailiffs . The first grand jury impaneled at the fall term of the superior courts of the several counties shall fix the compensation of jurors and court bailiffs in the superior courts of such counties for the next succeeding year, such compensation not to be less than $2.00 nor to exceed $10.00 per diem for jurors and such compensation not to be less than $2.00 nor to exceed $15.00 per diem for bailiffs. The same compensation shall be allowed to bailiffs and jurors of the several city courts and special courts as is allowed bailiffs and jurors in the superior court of the county in which such city or special court is located. The pay of tales jurors shall be the same as that of a regularly drawn traverse juror. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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PRACTICE AND PROCEDUREQUIET TITLE PROCEEDINGS. No. 529 (Senate Bill No. 214). An Act to provide for clearance by quiet title proceedings of defects in real estate titles; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any person, which term shall include a corporation, partnership or other association, who claims an estate of freehold present or future or any estate for years of which at least five years are unexpired, including persons holding lands under tax deeds, in any land in this state, whether in the actual and peaceable possession thereof or not, and whether such land is vacant or not, may bring a proceeding in rem, against all the world to establish his title to such land and to determine all adverse claims thereto or to remove any particular cloud or clouds upon his title to such land, including an equity of redemption, which proceeding may be against all persons known or unknown who claim or might claim adversely to him, whether or not the petition discloses any known or possible claimants. Actions. Section 2. The proceeding in rem shall be instituted by filing a petition in the Superior Court of the county wherein said land is situated. The petition shall be verified by the petitioner and shall contain a particular description of the land to be involved in the proceeding, a specification of the petitioner's interest in said land, a statement as to whether such interest is based upon a written instrument (whether same be a contract, deed, will or otherwise) or adverse possession or both, a description of all adverse claims of which petitioner has actual or constructive notice, the names and addresses, so far as known to the petitioner, of any possible adverse claimant, and, if the proceeding is brought to remove a particular cloud or clouds, a statement as to the grounds upon which it is sought to remove such

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cloud or clouds. There shall be filed therewith (1) a plat of survey of said land, (2) a copy of the immediate instrument or instruments, if any, upon which the petitioner's interest is based, and (3) a copy of the immediate instrument or instruments of record or otherwise known to the petitioner, if any, upon which any person might base an interest in said land adverse to the petitioner. Upon the filing of such petitioner, the petitioner shall contemporaneously file with the clerk of said court a notice for record in the lis pendens docket pursuant to the provisions of an Act approved February 21, 1939 (Ga. L. 1939, p. 345). Contents of petition, etc. Section 3. The court shall upon receipt of the petition together with the plat and instruments filed therewith, submit the same to a special master who shall be a person authorized to practice law in the State of Georgia and a resident of the Judicial Circuit wherein the action is brought. Special master. Section 4. The master shall examine the petition, plat and all documents filed therewith and may require other evidence to be filed including, but not limited to, an abstract of title. Hearing. Section 5. Upon the filing of all evidence with him, the master shall: (a) determine who is entitled to notice, including, but not limited to, all adjacent land owners and all adverse claimants as to whose adverse claims petitioner has actual or constructive notice: Duties. (b) cause process to issue, directed to all persons who are entitled to notice, and to all other persons whom it may concern; process shall be served upon known persons whose residence is ascertainable by the sheriff or his deputy as provided by law. In all cases where service by publication is permitted under the laws and where the defendant or other party shall reside out of this state or whose residence shall be unknown and it shall be necessary to perfect service upon such person by publication, upon the fact being made to appear to the judge or clerk of the court in which

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suit is pending, either in term or vacation, said judge or clerk may order service to be perfected by publication in the paper in which sheriffs' advertisements are printed, four times within the ensuing thirty days, publications to be weekly. Said published notice shall contain the name of the parties plaintiff and defendant with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within thirty (30) days of the date of the order for service by publication, and shall bear teste in the name of the judge and shall be signed by the clerk of said court. The date upon which the nonresident or party whose residence is unknown is called upon to appear shall be the appearance day of the case. (c) Any adverse party shall be entitled to have at least thirty (30) days after completion of service to file any pleading he desires in the matter before the court. (d) If, upon the filing of the petition or of the evidence required by him, the master finds that there are persons under a disability, or minors, or persons not in being, unascertained or unknown who may have an interest, he shall appoint a disinterested person, in the nature of a guardian ad litem, who shall be served with copies of the notice prescribed, and who shall represent these interests. Section 6. Upon reasonable notice to the parties, after proof of serving notice as required by the provisions of this Act has been filed, and after the appointment of the disinterested person as representative where required, the special master shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature or extent of petitioners title and all other interests in said land, or any part thereof, which may be adverse to the title claimed by the petitioner or to remove any particular cloud or clouds upon the title to said land and to make a report of his findings to the Judge of said Court; provided, however, any party to this proceeding may demand a trial by a jury of any question of facts; further

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provided that the master on his own initiative may require a trial by a jury of any question of fact. Jurisdiction of special master, etc. Section 7. Upon the receipt of the master's report, or upon a jury verdict, the court shall issue a decree which shall be recorded in the office of the clerk of the superior court of the county or counties wherein the land affected lies, and when recorded shall operate to bind the land affected according to the tenor thereof, and shall be conclusive upon, and against all persons named therein, known or unknown. A marginal reference to the recorded judgments and decree shall be entered upon any recorded instrument stated to be affected thereby. Decree. Section 8. The Court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed hereunder, and shall fix the compensation to be paid to any representative, in the nature of a guardian ad litem, appointed hereunder. These fees are to be taxed in the discretion of the court as a part of the costs. Compensation of master, etc. Section 9. At any time within thirty (30) days from the entering of the final decree any person not previously a party who claims an interest in said land may intervene, in which event the case shall be reopened as to that party so that his rights may be adjudicated. Judgments, etc. Section 10. Two or more persons having separate and distinct parcels of land in the same county and holding under the same source of title, or persons having separate and distinct interests in the same parcel or parcels, may join in a petition under this article against the same supposed claimants. Joint actions. A petitioner may join in one petition separate causes of action, but if they cannot be conveniently disposed of together, the court may order separate trials. Section 11. The purpose of this Act is to create a procedure for removing any cloud upon the title to land, including the equity of redemption by owners of land sold at tax sales, and for readily and conclusively establishing that

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certain named persons are the owners of all the interests in land defined by a decree entered in such proceeding, so that there shall be no occasion for land in this State to be unmarketable because of any uncertainty as to the owner of every interest therein. Intent. Section 12. This Act shall be liberally construed. Intent. Section 13. The remedy provided by this Act is intended to be cumulative and not exclusive. Intent. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. COUNTY BOARDS OF EDUCATIONCOMPENSATION OF MEMBERS. Code 32-904 Amended. No. 530 (Senate Bill No. 45). An Act to amend Code Section 32-904, relating to the compensation of members of county boards of education, as amended by an Act approved March 5, 1943, (Ga. L. 1943, p. 270), an Act approved March 13, 1957 (Ga. L. 1957, p. 648), an Act approved March 12, 1959 (Ga. L. 1959, p. 231), and an Act approved April 2, 1963 (Ga. L. 1963, p. 279), so as to change the compensation of board members; to provide that all board members shall receive reimbursement for actual expenses incurred on official business of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 32-904, relating to the compensation of members of county boards of education, as amended by an Act approved March 5, 1943 (Ga. L. 1943, p. 270), an Act approved March 13, 1957 (Ga. L. 1957, p. 648), an

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Act approved March 12, 1959 (Ga. L. 1959, p. 231), and an Act approved April 2, 1963 (Ga. L. 1963, p. 279), is hereby amended by striking in its entirety the second sentence of said Code section which read as follows: In any county for which no local Act is passed, members of the county board of education may receive per diem of $10 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith., and substituting in lieu thereof the following: In any county for which no local Act is passed, members of the county board of education shall receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith., so that when so amended said Code section shall read as follows: 32-904 . The General Assembly is hereby authorized to provide the compensation of members of county boards of education by local Act. In any county for which no local Act is passed, members of the county board of education shall, when approved by the county board of education affected, receive a per diem of $20 for each day of attendance at meetings of the board, and while meeting and traveling within or without the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the county superintendent of schools. In all counties the compensation of members of county boards of

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education shall be paid only from the local tax funds available to county boards of education for educational purposes; provided, however, that nothing herein contained shall affect a county board of education or school system created prior to the Constitution of 1877. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. EQUALIZED ADJUSTED SCHOOL PROPERTY DIGEST ACT AMENDEDDUTIES OF STATE AUDITOR. No. 531 (Senate Bill No. 173). An Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempt from taxation for school purposes, approved March 18, 1964 (Ga. L. 1964, p. 706), so as to provide that in establishing the average ratio of assessed value to true value applicable to any county property and the equalized adjusted school property tax digest of any county, the State Auditor shall be authorized to substitute actual appraisals of real properties instead of realty sales price data when the real property involved is farm property, provided the number of sales price data shall not exceed one-half () of the total number of sales price data and other realty value data used in establishing such ratio and equalized adjusted school property tax digest; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempt from

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taxation for school purposes, approved March 18, 1964 (Ga. L. 1964, p. 706), is hereby amended by adding at the end of subsection (e) of section 1 a new paragraph, to read as follows: Notwithstanding any other provisions of this Act, in establishing the average ratio of assessed value to true value applicable to any county property and the equalized adjusted school property tax digest of any county, the State Auditor shall be authorized to substitute actual fair market appraisals of real properties instead of realty sales price data when the real property involved is farm property; provided the number of sales price data shall, to the extent available, be at least one-half of the data used in establishing such ratio and equalized adjusted school property tax digest. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. EDUCATIONCURRICULUM REQUIREMENTS AS TO CONSERVATION REPEALED. Code Chapter 32-17 Repealed. No. 532 (Senate Bill No. 123). An Act to repeal Code Chapter 32-17, relating to the requirement that the curriculum of all public schools contain instruction in the promotion and encouragement of the conservation and protection of birds, animals, fish and any other forms of useful wildlife and the forests; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Chapter 32-17, relating to the requirement that the curriculum of all public schools contain instruction in the promotion and encouragement of the conservation

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and protection of birds, animals, fish and any other forms of useful wildlife and the forests, is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. PRACTICE AND PROCEDUREAMENDMENT OF PLEADINGS, ETC. Code 81-1001 Amended. No. 533 (Senate Bill No. 136). An Act to amend Code section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 761), an Act approved February 15, 1952 (Ga. L. 1952, p. 243), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 82), and an Act approved March 6, 1962 (Ga. L. 1962, p. 682), so as to remove certain provisions, relating to amendments, which provisions the Supreme Court of Georgia has declared unconstitutional; to provide that either party amending his pleadings in response to an order or other ruling of the court shall not be held to have waived his right to object to such order or ruling by appropriate exception; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 81-1001, relating to the time and place for determining the sufficiency of pleadings, as amended by an Act approved February 1, 1946 (Ga. L. 1946, p. 761), an Act approved February 15, 1952 (Ga. L. 1952, p. 243), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 82), and an Act approved March 6, 1962 (Ga. L. 1962, p. 682), is hereby amended by striking the following:

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Where the court sustains any or all demurrers to pleading, and allows time for the filing of an amendment, such judgment or order shall not be subject to exception or review, but the court shall render a judgment on the sufficiency of the pleadings after the expiration of the time allowed for the amendment which shall supersede the judgment allowing time for amendment. Parties shall have the right to amend at any time prior to the rendition of such latter judgment. Nothing herein shall be construed to abridge the right of amendment otherwise existing. Repealed. and by adding at the end thereof the following: Either party who amends or attempts to amend his petition or other pleadings in response to an order or other ruling of the court shall not be held to have waived his objection to such order or ruling, but may thereafter take exception thereto as in other cases. so that when so amended section 81-1001 shall read as follows: The judge at any time in vacation after the appearance day of a case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas, and may, by order, dismiss plaintiff's petition or strike defendant's plea for noncompliance with the requirements of the law, unless the defect shall be cured by amendment. The court may, on good cause shown, allow a reasonable time in his discretion for making and filing such amendment. Such hearing may be had at any place in the circuit after due notice to attorneys for the parties. Either party who amends or attempts to amend his petition or other pleadings in response to an order or other ruling of the court shall not be held to have waived his objection to such order or ruling, but may thereafter take exception thereto as in other cases. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966.

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VOLUNTARY STERILIZATION ACT. No. 534 (House Bill No. 60). An Act to authorize sterilization of certain individuals by doctors of medicine; to provide for a short title; to set forth the conditions under which such sterilization is authorized as to consenting persons; to provide for the notarization of certain papers; to protect doctors of medicine and all persons participating in such sterilization from civil liability or criminal prosecution; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as and may be cited as the Voluntary Sterilization Act. Short title. Section 2. It shall be lawful for any physician or surgeon licensed to practice medicine and surgery pursuant to the provisions of Chapter 84-9 of the Code of Georgia of 1933 establishing a State Board of Medical Examiners and providing for the issuance of licenses to practice medicine, as amended, and acting in collaboration or consultation with one other physician or surgeon also so licensed, and so requested by any person if legally married, to perform upon such person a sterilization procedure, provided a request in writing is made by such person and by his or her spouse, and provided further that prior to or at the time of such request a full and reasonable medical explanation is given by such physician or surgeon to such person as to the meaning and consequence of such operation. Provided, however, the consultation agreement between the two physicians or surgeons shall be in writing and such agreement and the written request of the person desiring the operation and his or her spouse shall be attested to before a Notary Public. Sterilization lawful, etc. Section 3. Wherever used in this Act, the words sterilization procedure shall include and authorize the performance by the physician or suregon of any procedure or operation which is designed or intended to prevent conception

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and which is not designed or intended to unsex the patient by removing the ovaries or testicles. Sterilization procedure defined. Section 4. No operation under this law shall be performed by any person other than a doctor of medicine duly licensed to practice medicine and surgery in this State pursuant to Chapter 84-9 of the Code of Georgia of 1933, as amended. Persons performing operations. Section 5. When an operation shall have been performed in compliance with the provisions of this law, no doctor of medicine duly licensed to practice medicine and surgery in this State or other person legally participating in the execution of the provisions of this Act shall be liable civilly or to criminal prosecution on account of such operation or participation therein, except in the case of negligence in the performance of said procedures. Nothing in this Act shall be construed so as to require compliance with this Act or to prevent the medical or surgical treatment for sound therapeutic reasons of any person in this State, by a doctor of medicine duly licensed to practice medicine and surgery in this State, which treatment may incidentally involve the nullification or destruction of the reproductive functions. Intent, etc. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1966. STONE MOUNTAIN JUDICIAL CIRCUITCOMPENSATION OF OFFICIAL COURT REPORTER. No. 536 (House Bill No. 617). An Act to amend an Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. L. 1943, p. 1143), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 329), so as to change the provisions

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relating to the compensation of the official court reporter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a salary for the official court reporter of the Stone Mountain Judicial Circuit, approved March 9, 1943 (Ga. L. 1943, p. 1143), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 329), 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 official court reporter of the Stone Mountain Judicial Circuit shall be paid a salary of not to exceed $7,700.00 per annum, which salary shall be paid monthly on the first day of each month. The exact amount of such salary, within the maximum provided for herein, shall be fixed by the governing authority of the counties paying the salary of said official court reporter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. PRACTICE AND PROCEDUREPROBATE OF WILLS. Code 113-602, 113-607 Amended. No. 537 (House Bill No. 106). An Act to amend Code section 113-602, relating to the probate of a will in solemn form, as amended, so as to provide that the probate of a will in solemn form shall be conclusive as to heirs at law not effectively notified; to amend Code section 113-607, relating to the notice of motion to probate a will in solemn form, so as to provide that a minor eighteen years of age or over may acknowledge

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service; to provide that a minor eighteen years of age or over, temporarily residing outside of the state, may be served by publication; 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 113-602, relating to the probate of a will in solemn form, as amended, is hereby amended by inserting at the end of the second sentence after the word executor the following, provided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form., so that when so amended, Code section 113-602 shall read as follows: 113-602 . Probate by the witnesses, or probate in solemn form is the proving of the will, after due notice to all the heirs at law, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator, if the witnesses are dead, blind, incompetent or inaccessible, and the ordering to record of the will so proved. Such probate is conclusive upon all the parties notified, and all devisees and legatees under the will who are represented in the executor, provided, however, as to heirs at law not effectively notified, probate in solemn form shall be conclusive as if probate had been in common form. The petition to probate a will in solemn form shall be verified by the oath of the applicant, and shall set forth the full name, place of domicile, the legal residence, the date of the death of the testator, the post office address of the petitioner, and the names, ages and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator, and in the event full particulars are lacking, the petition shall state the reasons for any such omission. Every such petition shall conclude with a prayer for the issuance of letters testamentary, and if all of the heirs at law are sui juris and shall acknowledge service of the petition and notice, and shall in such acknowledgement assent thereto, the will may be admitted to record on proper proof, and letters may

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thereupon issue without further delay whether in term or vacation. Section 2. Code section 113-607, relating to the notice of motion to probate a will in solemn form, is hereby amended by adding at the end thereof a new subsection (g) to read as follows: (g). Minors eighteen years of age or over may acknowledge service. If service is not acknowledged by such a minor and he temporarily resides outside of this state, he may be served by publication, in accordance with the provisions of subsection (a) of this section. Code 113-607 amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. GEORGIA PORTS AUTHORITYMEMBERS, QUORUM, ETC. No. 539 (House Bill No. 202). An Act to amend an Act creating the Georgia Ports Authority, as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 464), particularly by an Act approved February 1, 1955 (Ga. L. 1955, p. 120), and an Act approved February 29, 1960 (Ga. L. 1960, p. 150), so as to change the membership comprising said Authority; to change the number of members required for a quorum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Ports Authority, as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 464), particularly by an Act approved February 1, 1955 (Ga. L. 1955, p. 120), and an Act

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approved February 29, 1960 (Ga. L. 1960, p. 150), 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. Georgia Ports Authority . There is hereby created a body corporate and politic, to be known as the Georgia Ports Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title the said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven members to be appointed by the Governor, one of whom shall be a resident of the First Congressional District as it is now constituted and another from the Eighth Congressional District as it is now constituted, and the five other members shall be selected from the State at large. The Governor shall appoint the two members added hereby, and they shall enter upon their duties as soon as possible after their appointment, but no later June 30, 1966. The Governor shall designate that the term of one new member shall expire on June 30, 1970, and the term of the other new member shall expire on June 30, 1969. Each of the successors to such new members, as well as successors to the present five members, shall be appointed for a term of four years, which term shall begin on the day following the expiration of the term of office of the member such person is appointed to succeed. Nothing herein shall affect the term of office of the five members presently serving, except that the term of office of each of them shall expire on June 30 of the year in which such term expires rather than July 1 of such year. Any member of the Authority shall be eligible for appointment. Any person appointed to fill a vacancy shall serve only for the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman, and shall also elect a secretary and treasurer, who may not necessarily be a member of the Authority. Five members of the Authority shall constitute a quorum. No vacancy in the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated in the amount of forty ($40.00) dollars per

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day, plus actual expenses incurred, for each day's service spent in the performance of the duties of the Authority. Provided, however, such compensation shall be limited to one hundred (100) days for the chairman and thirty (30) days for each of the other members of the Authority during any one fiscal year. The Authority shall make necessary rules and regulations for its own government. The Authority may delegate to one or more of its members or to its officials, agents, or employees, such powers and duties as it may deem proper. Said Authority shall have perpetual existence. No person shall be eligible for membership on the Georgia Ports Authority who shall also be at the time of appointment or thereafter become a member of any local port Authority of any city, town, county or district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. GEORGIA ART COMMISSIONPURPOSE, MEMBERS, ETC. No. 542 (House Bill No. 671). An Act to amend an Act creating the Georgia Art Commission, approved March 18, 1964 (Ga. L. 1964, p. 678), so as to expand the scope of the Georgia Art Commission to include music and drama; to increase the membership of the Georgia Art Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Art Commission, approved March 18, 1964 (Ga. L. 1964, p. 678), is hereby amended by inserting in section 1 between the word to and the word painting the following: music, drama, so that when so amended section 1 shall read as follows:

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Section 1. It is the purpose of this Act to create a Georgia Art Commission composed of capable, representative members from the field of art and aesthetics to advise the State on art and aesthetic matters, including but not limited to music, drama, painting, sculptures, murals, tablets, and monuments which are the property of the State, the design and visual appearance of State buildings and grounds, and the appearance of highways and parks as they contribute to the `Visual Image of Georgia', and to advise the State on ways and means to promote the development of the arts in Georgia. Purpose. Section 2. Said Act is further amended by striking the word ten where it appears between the word of and the word members in the first sentence of section 2 and inserting in lieu thereof the word twelve; and by adding two new sentences immediately following the first sentence of section 2 to read as follows: One member shall have special interest and training in the field of music. One member shall have special interest and training in the field of drama., so that when so amended, section 2 shall read as follows: Section 2. There is hereby created the Georgia Art Commission to be composed of twelve members, all of whom shall be appointed by the Governor. One member shall have special interest and training in the field of music. One member shall have special interest and training in the field of drama. One member shall be appointed from the Georgia Council of the American Institute of Architects from a list of three nominees from the governing body of such organization; one member from the Georgia Chapter of the American Society of Landscape Architects from a list of three nominees from the governing body of such organization; one member from the Association of Georgia Artists from a list of three nominees from the governing body of such organization; one member from the Association of Georgia Designer-Craftsmen from a list of three nominees from the governing body of such organization; one member from the

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Department of Art of the University of Georgia or other art unit of the University System of Georgia which grants a degree in art; one member from major art museums in Georgia selected from nominees submitted by such museums; and one member from the Department of Landscape Architecture of the University of Georgia; one member from a privately supported institution of higher learning offering an accredited program in the visual arts, selected from nominees submitted by such institutions; and two members from the State at large. The members of the Commission shall be persons who, by virtue of their experience and training, are capable of making professional judgments in the field of the arts. Members, etc. Section 3. Said Act is further amended by inserting in section 6 between the word to and the word all the following: music, drama and, so that when so amended section 6 shall read as follows: Section 6. As used in this Act the term `works of art' shall apply to music, drama and all paintings, mural decorations, stained glass, sculptures, tablets, and monuments of permanent character intended for ornament or commemoration. As used in this Act the term `Visual Image of Georgia' shall mean the appearance of the visual assets of Georgia, its public parks, its roads and highways, its vistas, and its historic and geographic places. Definitions. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. SECRETARY OF STATEBRANCH DEPOSITORY OF DEPARTMENT OF ARCHIVES AND HISTORY. Code 40-804 Amended. No. 543 (Senate Bill No. 199). An Act to amend Code section 40-804 of the Code of Georgia relating to the power of the Secretary of State, The Department of Archives and History, as amended, particularly

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by an act approved April 8, 1965 (Ga. L. 1965, p. 623), so as to provide that the Secretary of State may establish a branch depository after obtaining prior written approval of the historical association involved and if the funds are made available to the Secretary for the purpose of supporting such branch depository; 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 Secretary of State over the Department of Archives and History, is hereby amended by striking from subsection (b) the words, The General Assembly shall have previously made funds, and inserting in lieu thereof the words, funds are made, so that when so amended subsection (b) of section 40-804 shall 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 funds are made 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

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shall be under 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 March 14, 1966. INCORPORATION AND ORGANIZATION OF TRUST COMPANIES, ETC. Code Title 109 Amended. No. 546 (Senate Bill No. 102). An Act to amend Code Title 109, relating to the incorporation and organization of trust companies and relating to incorporated banking companies acquiring the rights, powers, privileges and immunities of trust companies, as amended, so as to change the amount of paid-in capital stock required for incorporation and organization of a trust company; to require shareholder or stockholder approval for an incorporated banking company to acquire the rights, powers, privileges and immunities of trust companies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 109, relating to the incorporation and organization of trust companies and relating to incorporated banking companies acquiring the rights, powers, privileges and immunities of trust companies, as amended, is hereby amended by striking from the third sentence of Code section 109-101, after the words at least and before the words of the capital stock the figure $25,000 and inserting in lieu thereof the figure $100,000, so that when so amended Code section 109-101 shall read as follows: 109-101. Number of incorporators; declaration and affidavit; fee . Any number of persons, not less than five, may

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associate themselves together for the purpose of organizing a trust company in accordance with the provisions of this Title. The persons so desiring to become incorporated shall file in the office of the Secretary of State a declaration in writing, signed by each of them, stating their names and residences, the name and style of the proposed corporation, the location of the principal places of business thereof, the amount of capital stock, and such other matters as they may deem it desirable to state. Such declaration shall be accompanied by the affidavit of at least three of the subscribers that at least $100,000 of the capital stock subscribed has been actually paid in by the subscribers and that the same is in fact held and is to be used solely for the business and purposes of the corporation. A fee of $50 shall be paid into the State treasury on filing the application, and the Secretary of State shall not issue any charter before its payment. Section 2. Said Code Title is further amended by adding in Code section 109-402, between subparagraph (c) and that portion of said paragraph which reads as follows: There shall be attached to said petition as exhibit:, a new subsection to be known as subsection (d), to read as follows: (d) That the filing of a petition by such banking company to acquire the rights, powers, privileges and immunities of trust companies has been authorized by a vote of a majority in amount of the entire capital stock at a meeting of the stockholders called for the purpose of action thereon by a resolution of the Board of Directors, notice of which meeting shall have been mailed to each stockholder all in compliance with Code section 13-1002, as now or hereafter amended. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966.

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GEORGIA STATE SCHOLARSHIP COMMISSION ACT AMENDED. No. 547 (Senate Bill No. 144). An Act to amend an Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), so as to provide that the Georgia State Scholarship Commission shall be an agency within the Executive Branch of State Government and shall be a budget unit of the State Government; to provide that the Executive Director and Treasurer of said Commission shall be selected and employed by the Georgia State Scholarship Commission; to provide that said Executive Director and Treasurer shall serve at the pleasure of the Board; to provide for compensation of said Executive Director and Treasurer; to provide that said Commission shall be authorized to employ personnel and such personnel shall be subject to and be covered by the provisions of the Act creating and establishing a merit system of personnel administration; to provide that said Commission shall be authorized to contract with the administrators of other state scholarship programs in order to collect information about all student aid programs of this State, disseminate this information to Georgia students, provide for simple and standard student aid application forms and records, process applications to determine the academic qualifications and financial needs of students, establish a specific statewide time schedule for scholarship and loan requests, and deliver needed information and processed applications to other scholarship program administrators; to change the provisions relative to budgets and appropriations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia State Scholarship Commission, approved March 12, 1965 (Ga. L. 1965, p. 210), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows:

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Section 1. Creation of State Scholarship Commission . There is hereby created within the Executive Branch of State Government a commission to be known as the Georgia State Scholarship Commission. The Commission shall be an agency of the State of Georgia and a budget unit thereof. The Commission shall be authorized and empowered to grant scholarships to qualified students who are bona fide residents of the State of Georgia and who would not otherwise have funds necessary to finance the cost of a program of study in the paramedical field and other professional and educational fields of study as defined and approved by the Commission, with the exception of the program leading to the degree of Doctor of Medicine. Section 2. Said Act is further amended by striking the second sentence of the second paragraph of section 5 which reads as follows: 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., and inserting in lieu thereof a new sentence to read as follows: The Executive Director and Treasurer of the Commission shall be selected and employed by the Georgia State Scholarship Commission. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board., [Illegible Text] [Illegible Text] and [Illegible Text]. and by striking the last two sentences of the second paragraph of section 5 which read as follows: 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., and inserting in lieu thereof a new sentence to read as follows:

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The Commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended., Personnel. so that when so amended the second paragraph of section 5 shall read as follows: The Executive Director of the Commission shall also serve as Treasurer. The Executive Director and Treasurer of the Commission shall be selected and employed by the Georgia State Scholarship Commission. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board. 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. The Commission shall be authorized to employ such other professionally qualified personnel, clerical and other employees as may be necessary to effectuate the purposes of the Commission and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943, (Ga. Laws 1943, p. 171), as now or may hereafter be amended. Section 3. Said Act is further amended by adding a new paragraph after the second paragraph of section 8, to read as follows: The Commission shall be authorized to contract with the administrators of other state scholarship programs in

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order to collect information about all student aid programs of this State, disseminate this information to Georgia students, provide for simple and standard student aid application forms and records, process applications to determine the academic qualifications and financial needs of students, establish a specific statewide time schedule for scholarship and loan requests, and deliver needed information and processed applications to other scholarship program administrators. Duties, etc. Section 4. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. Budgets and Appropriations . The Executive Director and Treasurer of the Commission shall biennially, or as may from time to time be otherwise required by law, prepare and submit to the Commission estimates of the financial requirements of the Commission for the next two fiscal years. The estimates shall be on such forms and in such manner as prescribed by the Budget Bureau. Upon approval by the Commission, the estimates of the financial requirements of the Commission shall be forwarded to the Budget Bureau as required by law and shall be incorporated in the Budget Report. The State Scholarship Commission shall, in the submission of its budget, provide for a coordinated student aid program as such has been established by the Commission and the administrators of the other student aid programs in this State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. TRUST COMPANIES, ETC.UNINVESTED TRUST FUNDS. No. 548 (Senate Bill No. 124). An Act to amend an Act requiring banks having and exercising trust powers and privileges and trust companies, saving banks and security or guaranty companies

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and corporations doing a trust business or exercising the rights, powers, and privileges of trust companies to secure uninvested trust funds, approved March 26, 1935 (Ga. L. 1935, p. 484), as amended, so as to provide that such uninvested trust funds may be secured by obligations guaranteed as to principal and interest by the United States or by the State of Georgia, or general and direct obligations by the State of Georgia or general and direct obligations of the several counties, districts, municipalities, and other political subdivisions of the State of Georgia or of the United States, or bonds or obligations of authorities of the State where the faith and credit of the State is pledged in support in guaranty of payment thereof, at their par value, or certain real estate loans at their fair market value; 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 and privileges and trust companies, saving banks and security or guaranty companies and corporations doing a trust business or exercising the rights, powers, and privileges of trust companies to secure uninvested trust funds, approved March 26, 1935 (Ga. L. 1935, p. 484), 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. Uninvested trust funds; security for payment . All banks in this State having and exercising trust powers and privileges and trust companies, saving banks and security or guaranty companies and corporations doing a trust business or exercising the rights, powers, and privileges of trust companies and having on hand uninvested trust funds, shall secure them by setting aside with or pledging to their trust departments a sufficient amount of bonds of the United States of America or of the State of Georgia, or other obligations guaranteed as to principal and interest by the United States or by the State of Georgia, or general and direct obligations by the State of Georgia or

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general and direct obligations of the several counties, districts, municipalities, and other political subdivisions of the State of Georgia or of the United States, or bonds or obligations of authorities of the State where the faith and credit of the State is pledged in support in guaranty of payment thereof, at their par value, or real estate loans, which real estate loans are secured by both a first lien on or first security title to improved realty and insurance 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 uninvested 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. PRACTICE AND PROCEDUREDRAWING OF NAMES OF JURORS. Codes 59-203 Amended. No. 550 (Senate Bill No. 115). An Act to amend Code Section 59-203 relating to the drawing of names of persons to serve as jurors so as to change the maximum number of names that may be drawn; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Section 59-203 relating to the drawing of names of persons to serve as jurors is hereby amended by striking therefrom the figure 30 and substituting in lieu thereof the figure 36 so that when so amended Code section 59-203 shall read as follows:

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59-203. Manner of drawing .The judges of the superior courts, at the close of each term, in open court shall unlock the box, and break the seal, and cause to be drawn from compartment number `one' not less than 18 nor more than 36 names to serve as grand jurors at the next term of the court; all of which names shall be deposited in compartment number `two'; and when all the names shall have been drawn out of compartment number `one', then the drawing shall commence from compartment number `two', and the tickets be returned to number `one', and so on alternately; and no name so deposited in the box shall, on any pretense whatever, be thrown out of it, or destroyed, except when it shall be satisfactorily shown to the judge that the juror is dead, removed out of the county, or otherwise disqualified by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. THE DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT. No. 551 (Senate Bill No. 33). An Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, and Motor Vehicle Rebuilders; to provide a short title; to provide for the membership of said Board and appointments thereto; to provide that the Joint-Secretary of the State Examining Boards shall be Secretary of the Board and to provide for his powers and duties; to provide for the qualifications of members of said Board and their compensation; to provide for meetings; to provide for their powers and duties; to provide for licenses and qualifications of used motor vehicle parts dealers, motor vehicle dismantlers, and motor vehicle rebuilders; to provide for expiration of licenses and renewal thereof; to provide for supplemental licenses; to provide for the

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fees for licenses; to provide for the contents of licenses; to provide for the display of licenses; to provide for the suspension and revocation of licenses, the grounds therefor and the procedure in connection therewith; to provide that no dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates; to provide a penalty for violations of this Act; to provide that this Act shall not limit local licensing and regulating of used motor vehicle parts dealers, motor vehicle dismantlers, and motor vehicle rebuilders or operators of salvage yards; to provide for an effective date; to define certain terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . This Act shall be known as The Dealers in Used Motor Vehicle Parts Registration Act. Short title. Section 2. Definitions . (a) Dealer means any person, partnership, firm or corporation buying, selling or using used motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder or a salvage yard operator. (b) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary wheels or tracks or overhead trolley wires. (c) Motor vehicle means every vehicle which is self-propelled, except trackless trolleys which are classed as streetcars, motorcycles, motor-driven cycles or go-carts. (d) Used motor vehicle or used car means any motor vehicle as defined herein which has been the subject of a retail sale to a consumer. (e) Part means any used motor vehicle part that has been installed as standard or optional equipment on a motor

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vehicle and has been removed from the motor vehicle on which it was originally attached or affixed and is the subject of sale or resale as a part and not as scrap. (f) Scrap means any part sold, bought or otherwise disposed of by weight rather than function. (g) Used parts dealer means any person, firm, partnership, or corporation engaged in the business of buying, trading, and/or selling used motor vehicle parts as parts and not as scrap. (h) Used motor vehicle dismantler means any person, firm, partnership, or corporation engaged in the business of buying used or wrecked motor vehicles for the purpose of dismantling them and/or disposing of the usable used motor vehicle parts as parts and not as scrap. (i) Rebuilder means any person, firm, partnership, or corporation engaged in the business of buying used or wrecked motor vehicles for the purpose of rebuilding them with used and/or new motor vehicle parts to be sold as rebuilt motor vehicles. (j) Salvage yard operator means any person, firm, partnership, association or corporation engaged in the business of buying used or wrecked motor vehicles and salvaging them as a motor vehicle dismantler, rebuilder, or parts dealer. (k) Established place of business means a sales room or sales office in a building or an open lot at which a business of buying, bartering, trading, offering, displaying, selling, dismantling or rebuilding of wrecked or used motor vehicles or parts is carried on. (l) Board means the State Board of Registration for Used Motor Vehicle Parts Dealers, Motor Vehicle Dismantlers, Motor Vehicle Rebuilders, and Salvage Yard Operators. (m) Person means any individual, co-partnership, firm, association, corporation or combination of individuals of whatever form or character.

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(n) Licensee means any person required to be licensed or actually licensed under this Act. (o) Georgia Administrative Procedure Act means the Act by this same short title approved March 10, 1964 (Ga. L. 1964, p. 338) and all amendments thereto. Section 3 . It shall be unlawful for any dealer to do business in this State without first registering and obtaining a license from the State Board of Registration for Dealers in Used Motor Vehicle Parts as hereinafter provided. Crimes. Section 4 . There is hereby created a State Board of Registration for Dealers in Used Motor Vehicle Parts, which shall be composed of ten (10) members to be appointed by the Governor. The original appointments shall be made as follows: One member shall be appointed for a term of four (4) years, three members shall be appointed for terms of three (3) years each, three members shall be appointed for terms of two (2) years each, and three members shall be appointed for terms of one (1) year each, and they shall serve until their successors are appointed and qualified. Thereafter all appointees shall be for a term of four (4) years. Said terms shall be staggered so that new members of the Board will be appointed each year. All members shall be residents of the State of Georgia. Not less than one (1) nor more than three (3) members shall be appointed from each of the following businesses: used motor vehicle parts dealers, used motor vehicle dismantlers, used motor vehicle rebuilders, and at least two (2) members shall not be from any of the above mentioned businesses. Created. Section 5 . The Joint-Secretary of the State Examining Boards shall serve as the Secretary of the Board in all matters as set forth in Chapter 84-1, Code of Georgia of 1933, as amended. Joint-Secretary. Section 6 . The Board shall elect a chairman and any other officers which the Board feels are required from among the members of the Board for a one year term. The Board shall promulgate rules and regulations for the procedure

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and operation of the Board. The Board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by the terms of this Act. The members of the Board shall be paid the sum of $20.00 per day for each day spent in actual attendance at meetings of the Board or while on official business, and actual transportation expenses or mileage at the rate provided by law. Provided, however, that the per diem and other expenses of a member shall not exceed nine hundred ($900.00) dollars per annum. Chairman, etc. Section 7. Powers and duties of the Board . (a) The Board shall have the following powers and duties: 1. To receive applications for registration as a dealer and to authorize the Joint-Secretary to license such dealers in the manner provided by law. 2. To suspend, revoke or refuse to renew such licenses. 3. To employ such personnel as may be necessary to investigate violations of this Act, and to otherwise perform the duties imposed upon it by this Act. 4. To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this Act, provided that no such rule or regulation shall become effective until thirty (30) days after it shall have been mailed to each person licensed by the Board. 5. To do all other things necessary and proper to carry out the provisions of this Act. (b) Any such rule or regulation adopted by the Board shall be adopted in accordance with the Georgia Administrative Procedure Act. (c) Any hearing required to be held by the Board shall be in accordance with the Georgia Administrative Procedure Act. Section 8. Applications . (a) Each application for a license as a dealer shall be made to the Board and shall contain the information required by this Act, and shall be accompanied by the fee prescribed by law.

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(b) Each such application shall be made upon the form prescribed by the Board and shall contain the name and address of the applicant; and when the applicant is a partnership, the name and address of each partner; or when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the State in which incorporated, and an established place or places of business where the business is to be conducted, and the nature of such business, and such other information as may be required by the Board. Every such application shall be verified by the oath or affirmation of the applicant, if an individual, or in the event an applicant is partnership or corporation then by a partner or officer thereof. Every such application shall be accompanied by the fee required by law. (c) Each application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $25,000.00 per person, $50,000.00 per accident, personal insurance liability coverage, and $5,000.00 property damage liability coverage unless applicant qualifies under paragraph (e), subparagraph 7. (d) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with two good, successful and solvent sureties, or with a surety company duly authorized to do business in the State, as surety or sureties thereon. The bond shall be payable to the Governor of the State and shall be for the use and benefit of any purchaser of any used motor vehicle or part and for vendees or successors in title, and conditioned to pay all loss, damages and expenses that may be sustained by such purchaser, his vendees or successors in title that may be occasioned by reason of any fraudulent misrepresentation or by reason of any breach of warranty as to liens or title of such used vehicle or part being so sold. 1. Amount and appearance of bond to be fixed . The bond shall be in the amount of $10,000.00 and shall be filed immediately upon the granting of the license, with the

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State Revenue Commissioner by the said licensee, and shall be approved by the State Revenue Commissioner as to form, as to solvency of the surety or sureties. For this service by the said Revenue Commissioner in filing said bond, the licensee shall pay a fee of $1.00. The prospective licensee may file the required bond with the Revenue Commissioner prior to the granting of a license for the Commissioner's approval as hereinbefore mentioned. 2. No bond may be cancelled unless the Board is informed in writing by a certified letter at least twenty (20) days prior to the proposed cancellation. (e) The Board may also require the following information in addition to the application: 1. Fingerprints. 2. Personal history statements, including information concerning the applicant's character, honesty, integrity and reputation, as it may consider necessary. 3. Proof of the applicant's status as a prospective bona fide dealer. 4. The kind or kinds of business to be conducted, the trade name, if any, under which the applicant intends to conduct his business and if the applicant be a copartnership the name under which the partnership business is to be conducted and whether the partners are to be general, special or silent and if the applicant be a corporation the name under which the business is to be conducted. 5. The company description including the city, town or village including the street or name of any of the property or established places of business and such other and additional place or places of business as shall be operated and maintained by the applicant in conjunction with the principal establishment or proposed place of business. 6. The Board may in its discretion allow the holder of a license to file in lieu of such bond the bond of insurance

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by some insurance company authorized to do business in this State which bond must substantially conform to all of the provisions relating to this Act in regard to the required bond. 7. The Board shall have the power to permit self insurance in lieu of a bond or bond of insurance whenever it in its opinion the financial ability of the dealer warrants such privilege and the Board is satisfied that such applicant or licensee is possessed and will continue to be possessed of ability to pay judgments obtained or claims against such licensee and the Board may issue to the applicant or dealer a certificate of self insurance. The Board may cancel such self insurance upon reasonable grounds, such as failure to pay any judgment within thirty days after such judgment shall have become final, or failure to pay any claim which has been proved to be valid within thirty days after the validity of such claim has been established but no such certificate of self insurance shall be cancelled until the Board has given the licensee at least ten days prior notice and a hearing in accordance with the Georgia Administrative Procedure Act. (f) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued. Section 9. License Fees . The license fee for each calendar year or portion thereof, for each renewal, shall be as follows: (a) Used motor vehicle parts dealers: $25.00 for the principal place of business and $25.00 for each additional or supplemental location not immediately adjoining the principal place of business. (b) Motor vehicle dismantler: $25.00 for the principal place of business and $25.00 for each supplemental location not immediately adjoining to the principal place of business. (c) Salvage yard operators: $25.00 for the principal place of business and $25.00 for each supplemental location not immediately adjoining to the principal place of business.

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(d) Motor vehicle rebuilder: $25.00 for the principal place of business and $25.00 for each supplemental location not immediately adjoining to the principal place of business. (e) The licenses issued under the provisions of this Act shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his business, and the license or supplemental license issued therefore shall be conspicuously displayed on each of such premises. In the event any such location is changed, the Board shall endorse the change of location on the license without charge. There shall, however, be but one license fee of twenty-five ($25.00) dollars for any one place of business even though such business may be embraced in more than one of the definitions in this section. Section 10. Board to Issue Licenses . (a) Upon receipt of each properly made application accompanied by the required information and bond of insurance, the Board shall file such application and make a thorough investigation of the application. When satisfied that the applicant, if an individual, or each of the partners or principal officers of the applicant, if a partnership or corporation, is of good or moral character and that the applicant so far as can be ascertained, has complied and will comply with the provisions of this Act, the laws of this State and the rules and regulations promulgated by the Board, the Board shall issue to the applicant a license to carry on and conduct the kind or kinds of business covered under this Act. (b) The license so granted shall specify the name and address of the applicant and if the applicant be a partnership or corporation the name and address of each partner or principal officer of the corporation. The license shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his business. The license or supplemental license shall be conspicuously displayed on each of such premises and in the event any such location is changed, the Board shall issue a new license with the changed address or endorse the changed address on the original license at no charge to the licensee.

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(c) The Board shall either prescribe or furnish such books and forms as it may deem necessary to carry out the provisions of this Act, and such books and forms are and shall remain the property of the Board and may be taken up for inspection or inspected at any time. (d) The Board shall have the power and duty to issue or direct the Secretary to issue the license and for reasonable cause the Board may refuse to issue or renew a license. 1. Refusal to issue licenses . The Board may refuse to issue a license to an applicant when it determines that the applicant, or any partner or principal officer of the applicant if a partnership or corporation has (a) violated any law enacted for the prevention of theft of motor vehicles, parts or accessories; (b) submitted an application containing incorrect information or made any material misrepresentation to the Board in connection with an application for a license; (c) failed for more than thirty days after the occurrence of a change which renders no longer accurate any information contained in any application for a license to make an amendatory application under Section 8 of this Act; (d) been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for or otherwise dealing in used automobile parts, dismantled, wrecked or burned or rebuilt motor vehicles; (e) has been convicted of a felony or a crime involving moral turpitude arising out of or connected with any business licensed under this Act; (f) failed to file or produce for the Board any reports, records or documents required to be filed or produced under the provisions of this Act or any rule or regulation made by the Board pursuant to this Act; or (g) based on the information contained on the application or by subsequent investigation, is not of good moral character. 2. When it determines (a) that the applicant was previously the holder of a license issued under the authority of this Act, which license was revoked for cause and never reissued by the Board, or which license was suspended for cause and the terms of suspension have not been terminated, and that by licensing such applicant the purposes of this

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Act would likely be defeated; (b) that one or more of the partners, if the applicant be a partnership, or one or more of the stockholders or officers of the corporation, if the applicant be a corporation, was previously the holder of a license issued under the authority of this Act, which was revoked for cause and never reissued, or was suspended for cause and the terms of suspension have not been terminated; and that by reason of the fact and circumstances pertaining to the organization, control and management of the partnership or corporation, business will be directed, controlled, or managed by individuals who, by reason of their conviction of violations of the laws of Georgia would be ineligible for a license and that by licensing such corporation or partnership, the purposes of this Act would likely be defeated; or (c) the applicant, or one of the partners, if the applicant be a partnership, or one or more of the officers of the corporation, if a corporation be the applicant, or one or more of the stockholders if the policy of such business will be directed, controlled, or managed by such stockholder or stockholders, has ever been convicted of a felony or a crime involving moral turpitude arising out of or connected with any business licensed under this Act. 3. No license shall be refused until the applicant or licensee shall have been afforded a hearing in accordance with the Georgia Administrative Procedure Act. (e) Temporary permit . Pending the satisfaction of the Board that the applicant has met the requirements under this Act, it may issue a temporary permit to any person applying for a motor vehicle dismantler's, rebuilder's or used parts dealer's license. The temporary permit shall allow the dismantler, rebuilder, or used parts dealer to operate for a period not to exceed 120 days while the Board is completing its investigation and determination of all facts relative to the qualification of the applicant to such license. Such temporary permit shall be invalid when the applicant's license has been issued or refused. (f) Restricted license . Except where the provisions of this Act require the refusal to issue a license, the Board

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may issue a license restricted by certain conditions set out by the Board, which shall be observed in the exercise of the privilege granted. The terms and conditions to be attached to the exercise of the privilege under such restricted license shall be such as may, in the judgment of the Board, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the Board. Section 11. Granting licenses. Expiration and renewal . (a) Every license issued hereunder shall expire at midnight on the 31st day of December of each year and shall become invalid from and after that date; and a new license for the ensuing year may be obtained by the person to whom any such expired license was issued upon application to the Board and payment of the fee provided in this Act. (b) Every application for the renewal of a license which expires on the date above mentioned shall be made by the person to whom issued between November 1st and midnight of November 30th preceding such expiration date and shall be made by presenting the application form provided by the Board and by payment of the full annual renewal fee for such license. Section 12. Suspension, revocation, or refusal to renew . (a) The Board, upon its own motion, and shall upon the verified complaint in writing of any person, investigate the actions of any dealer licensed under this Act, or anyone who shall assume to act in such capacity, and the Board shall have power, in addition to the other powers authorized by this Act, to suspend for a specified time, to be determined in its discretion, refuse to renew, or revoke, any license issued by virtue of the provisions of this Act, where the licensee is found, by a majority of the members of the Board to be guilty of any one or more of the following: 1. Used a false or fictitious name, knowingly made any false statements or concealed any material fact in any application or other document filed with the Board; or

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2. Wilfully and intentionally failed to comply with any provisions of this Act or any lawful rule or regulations issued by the Board under the provisions of this Act; or 3. Made by any means, any substantial misrepresentation to the Board or to the public; or 4. Demonstrated unworthiness or incompetency to act as a motor vehicle dismantler, rebuilder, or used parts dealer in such a manner as to safeguard the interest of the public; or 5. Engaged in fraud or fraudulent practice in the conduct of a business licensed under this Act; or 6. Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate any of the provisions of this Act; or 7. Committed any act constituting any felony or any crime involving violence or moral turpitude, arising out of or in connection with any business licensed under this Act; and the conviction, pleas of guilty or plea of nolo contendere of a crime involving violence or moral turpitude shall be conclusive evidence of the commission of such crime. A fine or sentence based on a conviction, a plea of guilty or plea of nolo contendere to a charge or indictment by either the Federal or State governments for tax evasion or failure to pay taxes shall be considered a crime involving moral turpitude; or 8. Purchased, or concealed, or had in his possession, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen; or 9. Failed to meet and maintain the requirements for issuance of a license as provided for in this Act; or 10. Engaged in any other conduct, whether of the same or different character than heretofore specified, which constitutes dishonest dealings; or

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11. Failed to pay within thirty days after written demand from the Board, any fees or penalties due on vehicles acquired for dismantling or rebuilding. 12. Failed to keep or maintain the records required to be kept by this Act. (b) The Board may refuse to renew the license of any dealer licensed under this Act upon any one or more of the grounds enumerated in subsection (a) of this Section. (c) No license shall be suspended, revoked or refused renewal until a written notice of the Board's intended action to suspend, revoke or refuse to renew such license has been made to the licensee against whom the same is directed and a hearing therefor has been had before the Board. Such notice shall be given at least ten days prior to the hearing by registered mail to his last known address as shown on his license and on record of information in possession of the Board and the hearing shall be held in accordance with the Georgia Administrative Procedure Act. Section 13. Temporary suspension or refusal . The Board may, pending a hearing, temporarily suspend or refuse to renew the license issued to a motor vehicle dismantler, rebuilder, or used parts dealer for a period not to exceed thirty days if the Board finds that such action is required in the public interest. In any such case a hearing shall be held and a decision thereon issued within thirty days after notice of temporary suspension. Section 14. Appeal of decision of the Board . Any action or decision of the Board which would be subject to appeal under the Georgia Administrative Procedure Act may be appealed in the same manner as specified under that Act to the same courts, with the same rights and limitations as specified in that Act. Section 15. Licensee's records . (a) Every licensee shall maintain for three years, and submit monthly to the Board, in the form the Board prescribes, a record of:

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1. Every vehicle, vehicle body, chassis or engine of or for a vehicle received or acquired by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person from whom received or acquired, provided however that in the event such purchase or acquisition is from a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient provided the seller is registered under the provisions of this Act. 2. Every vehicle, vehicle body, chassis or engine disposed of by him, its description and any identifying numbers, the date of its receipt or acquisition, and the full name, address and driver's license number or social security number, of the person to whom disposed, provided, however, that in the event such disposal is to a used parts dealer, used motor vehicle dismantler, salvage yard operator, or established place of business, the name and address of the corporation or company shall be sufficient provided the purchaser or acquirer is registered under the provisions of this Act. 3. Every vehicle wrecked or dismantled by him, and the date of its wrecking or dismantling. (b) Every licensee shall make reports in such form and containing such information as the Board may by rule or regulation require. (c) The possession of motor vehicle or parts covered by this Act shall be prima facie evidence that they were purchased for the purpose of resale. Section 16. Inspection . Every person licensed under the provisions of this Act, as a condition of his license, shall be deemed to have granted authority and permission to the Board or any peace officer, to inspect any record or document and any motor vehicle, or motor vehicle part or accessory at or on the premises of his principal or additional place of business at any reasonable time during the day or night during reasonable business hours.

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Section 17. Compliance with Certificate of Title Act . (a) A dealer, whenever he purchases a wrecked motor vehicle, shall comply with the provisions of the Motor Vehicle Certificate of Title Act regarding the transmitting of motor vehicle identification plates and titles and rules and regulations adopted by the Revenue Commissioner pursuant to this Act. (b) Whenever a salvage vehicle is rebuilt by a dealer licensed under this Act and is to be restored to operation, such vehicle shall not be licensed for operation or the ownership thereof transferred until said licensee, in addition to complying with subsection (c) of section 20A of the Motor Vehicle Certificate of Title Act, submits to the Board: 1. Identification by description and serial number, if any, on the form which the Board shall prescribe and supply, of all major parts used in rebuilding said vehicle; and 2. A certificate of inspection signed by an officer of the State Auto Theft Squad or Georgia Bureau of Investigation designated by the Board; and 3. Whenever said licensee has acquired said vehicle pursuant to paragraph 2 of subsection (a) of section 20A of the Motor Vehicle Certificate of Title Act, a certified copy of the bill of sale, issued pursuant to said provision. Section 18 . No dealer not licensed under the provisions of this Act shall be entitled to receive or use any dealer's registration plates for used motor vehicles under the provisions of the motor vehicles laws of the State providing for the issuance of such plates. License plates. Section 19 . Any person, firm or corporation who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction be punished as provided by law. In addition to such criminal penalty, the Board may maintain an action to enjoin any violation, actual or threatened, of this Act notwithstanding the existence of an adequate remedy at law. Crimes.

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Section 20 . Nothing in this Act shall prohibit any lawful regulation or licensing of used car dealers, used motor vehicle parts dealers, dismantlers or rebuilders by any city, county or other political subdivision of this State. No such political subdivision shall grant a business license to any dealer required to be licensed under this Act until such dealer has made a bona fide application to the Board to be licensed under this Act and the Board has taken action under the application other than refusal, cancellation, revocation or failure to renew the applicant's license. Intent. Section 21 . The provisions of this Act shall become effective on January 1, 1967. Effective date. Section 22 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1966. STATE PROPERTIES CONTROL COMMISSION AUTHORIZED TO DISPOSE OF GOVERNOR'S MANSION ON THE PRADO. No. 174 (Senate Resolution No. 83). A Resolution. Authorizing the disposal of that tract of land on which is presently located the Governor's mansion; and for other purposes. Whereas, at the present time, there is under construction a new Governor's mansion; and Whereas, at the completion of said new Governor's mansion, the tract of land upon which the present Governor's mansion is located will be surplus property and of no use to the State of Georgia; and Whereas, that tract of land upon which the present Governor's mansion is located is more particularly described as follows:

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All that tract or parcel of land lying and being in land lot one hundred five (105) of the seventeenth (17th) district of originally Henry, now Fulton County, Georgia, being the eastern portion of lot thirteen (13) and the western portion of lot fourteen (14) in block fifteen (15) of the plat of Ansley Park made by S. Z. Ruff, Civil Engineer, under date of December 2nd, 1908, of file in the office of the clerk of the superior court of Fulton County, Georgia, in plat book 3 pages 106 and 107, and more particularly described as follows: Beginning at the southeast corner of the lot now, or formerly owned by Captain T. M. Moody, which point is twenty (20) feet eastward from the east line of lot twelve (12) as shown on said plat of December 2nd, 1908, and extending thence eastward along the north side of The Prado three hundred and fifty (350) feet; thence northward four hundred forty-four (444) feet, more or less, to the north line of said land lot one hundred and five (105); thence west along said land lot line two hundred and sixty (260) feet, more or less, to the east line of said lot of Captain T. M. Moody; thence south along said Moody's east line three hundred thirty-nine (339) feet, more or less, to the beginning point on The Prado; being the lot upon which the home of Edwin P. Ansley was erected, and being the western portion of lot thirteen (13) in block fifteen (15) according to plat of Ansley Park dated May 18th, 1910, of file in the office of the clerk of Fulton Superior Court in plat book 4 pages 42 and 43, and being the same land shown on plat made by L. H. Fitzpatrick, C. E. in June 1917, and being that land conveyed to Robert L. Cooney by Edwin P. Ansley by deed dated June 23rd, 1917, and recorded in book 507 page 472, Fulton County records, and conveyed by said Cooney to John N. McEachern by deed dated October 24th, 1921, and recorded in deed book 663 page 344, of the records of Fulton County, Georgia. Now, therefore, be it resolved by the General Assembly of Georgia that the State Properties Control Commission, at such time as the present Governor's mansion is vacated and the new executive mansion is occupied by the

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chief executive of this state, is authorized to secure three appraisals of the value of the hereinbefore described tract of land and the improvements which are located thereon. As soon as such appraisals are obtained, the Governor, acting for and in behalf of the State of Georgia, is hereby authorized and directed to convey the hereinbefore described tract of land to any civic or other non-profit organization interested in acquiring said tract. The consideration for said conveyance shall be not less than the average of the three appraisals of the value of said tract. Provided, however, at the time of the conveyance of the hereinbefore described property to such a grantee, the grantee shall execute an appropriate agreement with the State of Georgia which provides that if, at any time after the grantee takes title to said tract of land it shall be sold for a consideration in excess of the consideration paid to the State of Georgia for the initial conveyance of this property, said grantees will pay over to the State of Georgia all sums in excess of said consideration. Approved March 14, 1966. MONUMENT FOR 1st CAVALRY DIVISION (AIR MOBILE). No. 175 (House Resolution No. 167-375). A Resolution. Relative to a monument for the 1st Cavalry Division; and for other purposes. Whereas, the 1st Cavalry Division (Air Mobile) was created on Georgia soil for the expressed purpose of defending this country's freedom; and Whereas, the men of this division represent every state in this great Union; and Whereas, on August 15, 1965, this division left these United States to thwart the advance of communism in Viet Nam; and

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Whereas, more than 2,000 families remained behind in Georgia to await the return of their husbands and fathers; and Whereas, the division has suffered substantial losses in the defense of the freedom we cherish so dearly; and Whereas, the families of these men have given so unselfishly of themselves; and Whereas, the graves of many of those men who made the supreme sacrifice are located in Columbus and at Ft. Benning. Now, therefore, be it resolved by the General Assembly of Georgia that a suitable monument be erected in Columbus, Georgia, in honor of these outstanding men of the 1st Cavalry Divisionthose who have died and those who live todayand their families, as an expression of gratitude by the people of Georgia. The Secretary of State is hereby directed to make whatever arrangements are necessary relative to the construction of such monument when funds are made available therefor. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Commander of the 1st Cavalry Division, to the Governor and to the Secretary of State. Approved March 14, 1964. EASEMENT OF LAND IN DECATUR COUNTY TO UNITED STATES. No. 176 (House Resolution No. 153-319). A Resolution. Authorizing the Governor to execute a permanent easement in behalf of the State of Georgia over certain property located in Bainbridge State Park, Decatur County, Georgia,

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to the United States of America, to be used in connection with the Jim Woodruff Dam and Reservoir. Whereas, this tract of land was deeded to the State of Georgia to be used as a State Park; and Whereas, exclusive rights to a portion of this tract is no longer needed by the State of Georgia for a State Park facility; and Whereas, it is necessary that the government of the United States acquire an easement to permanent and/or intermittently overflow said lands in conjunction with the operation and maintenance of the Jim Woodruff Dam and Reservoir Project; and Whereas, said Jim Woodruff Dam and Reservoir Project will benefit all citizens of the State of Georgia; and Whereas, said portion or parcel of land is more particularly described as follows: All that portion of land lot 226, fifteenth district, Decatur County, Georgia, that lies below the contour at elevation 87 feet above mean sea level and within a portion of said land lot described as follows: Beginning at a point which is 2,400 feet, more or less, north of the south line and 1,125 feet, more or less, west of the east line of said land lot 226 a distance of 50.00 feet N 33 00[prime] W of a corner of a tract of land conveyed to Emily D. Griffin and Elizabeth Moore by R. A. Griffin by deed, dated 21 September 1954, and recorded in deed book I-6, page 278, of the records in the office of the clerk of the superior court of Decatur County, Georgia, and 21.4 feet, more or less, northwesterly of and opposite former center line station 32 + 12 of the Atlantic Coast Line Railway; thence S 60 W 100.00 feet; thence S 26 W 240.00 feet; thence due south 75.00 feet; thence S 30 W 60 feet, more or less, to aforesaid boundary of the Griffin and Moore tract; thence northwesterly, following

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said boundary along a curve to the left 295 feet, more or less, to a point which is on the eastern boundary of the Seaboard Air Line Railroad and 215 feet north of the southeast corner of the trestle crossing Flint River; thence N 13 30[prime] W along said eastern right-of-way line 117 feet, more or less, to the left bank of the Flint River; thence easterly, upstream, along the meanders of said left bank 475 feet, more or less, to a point which is on the boundary of aforesaid Griffin and Moore tract and N 33 W of the point of beginning; thence S 33 E along said boundary 23 feet, more or less, to the point of beginning, and beginning at a point which is 2,425 feet, more or less, north of the south line and 1,700 feet, more or less, west of the east line of said land lot 226, on the left bank of the Flint River, and on the western right-of-way line of the Seaboard Air Line Railroad; thence S 13 30[prime] E along said western right-of-way line 30 feet, more or less, to a corner of a tract of land now or formerly owned by the City of Bainbridge; thence S 87 30[prime] along the boundary of said City of Bainbridge tract 760 feet, more or less, to a tract of land conveyed to the United States of America by Robert Wright Jackson by deed dated 9 May 1952 and recorded in deed book Z-5, pages 425-426 of the records in the office of the clerk of the superior court of Decatur County, Georgia; thence N 10 52[prime] W along the boundary of said United States tract 115 feet, more or less, to aforesaid left bank of the Flint River; thence easterly upstream along the meanders of said left bank 790 feet, more or less, to the point of beginning, and beginning at a point which is 2,050 feet, more or less, north of the south line and 1,600 feet, more or less, west of the east line of said land lot 226, on the western boundary of the Seaboard Air Line Railroad, and on the boundary of a tract of land now or formerly owned by the City of Bainbridge; thence S 87 30[prime] W along the boundary of said City of Bainbridge tract 165 feet, more or less, to the eastern right-of-way line of an existing street; thence N 13 30[prime] along said existing street right-of-way line 30.00 feet; thence N 63 00[prime] E 167 feet, more or less, to a point which is on aforesaid western right-of-way line of the Seaboard Air Line Railroad and 100.00 feet N. 13 30[prime] W of the

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point of beginning; thence S 13 30[prime] E along said railroad right-of-way line 100.00 feet to the point of beginning. The above-described parcels contain in the aggregate 3.42 acres, more or less, and designated as tract no. 1120-E of the Woodruff Reservoir. Now, therefore, be it resolved by the General Assembly of Georgia that the Governor is hereby authorized and directed to execute the appropriate instruments in behalf of the State of Georiga to convey an easement over the above described tract or parcel of land to the United States of America for and in consideration of the sum of one dollar ($1) and the benefits accruing to the State and its citizens. Approved March 14, 1966. APPELLATE PROCEDURE ACT OF 1965 AMENDED. Code 6-1006 Amended. No. 553 (House Bill No. 244). An Act to amend the Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 240), so as to redefine the rules relating to the necessity of filing motions for new trial and judgment notwithstanding the verdict; to amend section 5, relating to time for filing notice of appeal, so as to revise the time within which such notices must be filed following disposition of specified motions; to amend section 4, relating to the notice of appeal, so as to redefine the content thereof; to repeal section 11A thereof, relating to correction of errors by the trial court; to amend section 12 thereof, relating to preparation of the record, so as to correct a typographical error relating to the clerk's costs; to amend section 13 (b) thereof, as amended, so

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as to redefine the instances in which cases may be dismissed; to amend section 17, relating to the charge of the court and requests to charge, so as to declare said section applicable to both civil and criminal cases, and require that all requests for charge be filed with the clerk; to amend section 18 (a), relating to service, so as to authorize service by ordinary rather than certified mail; to amend section 20, relating to suggested forms, so as to revise the form for notice of appeal; to amend Code section 6-1006, relating to the mode of announcing decisions, so as to redefine same; to amend section 12 thereof, relating to preparation of the record, so as to redefine same; to amend section 18 (a) thereof, relating to service, so as to provide for service upon parties whose address is unknown and who are not represented by an Attorney of record; to amend sections 5 and 20 (c) relating to the notice of cross appeal, so as to redefine the content thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Appellate Procedure Act of 1965, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended by an Act approved March 24, 1965 (Ga. L. 1965, p. 240), is hereby amended by striking section 2 thereof and substituting in lieu thereof the following: Section 2(a). 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 procedure 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, nor shall it be necessary that the overruling

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thereof be enumerated as error (subject to the exception last stated), as the appellate court may consider all questions included in the enumeration of errors provided for in section 14 herein. The entry of judgment on a verdict by the trial court constitutes an adjudication by the trial court as to the sufficiency of the evidence to sustain the verdict, affording a basis for review on appeal without further ruling by the trial court. Motions for new trial. (b) Motion for judgment notwithstanding the verdict need not be filed as a condition precedent to review upon appeal of an order or ruling of the trial court overruling a motion for directed verdict, but in all cases where such motion is an available remedy, the party may file the motion, or appeal directly from the final judgment and enumerate as error the overruling of the motion for directed verdict. Motion for judgment notwithstanding the verdict. Section 2. Said Act is further amended by adding immediately prior to the next to the last sentence of section 4, relating to the notice of appeal, the following: In addition, the notice shall state whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal, Transcript. so that said section when so amended shall read as follows: 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, a brief statement of the offense and the punishment prescribed. In addition, the notice shall state whether or not any transcript of evidence and proceedings is to be transmitted as a part of the record on appeal. Approval by the court is not required as a condition to filing the notice.

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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 3. Said Act is further amended by striking section 5 thereof, relating to the time for filing notice of appeal and cross appeal, and substituting in lieu thereof the following: 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 entry of 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. In all cases where the notice of appeal did not specify that a transcript of evidence and proceedings was to be transmitted as a part of the record on appeal, the notice of cross appeal shall state whether such transcript is to be filed for inclusion in the record on appeal. A copy of the notice of cross appeal shall be served on other parties of record in the manner hereinafter prescribed. Filing of notice of appeal, cross appeal, etc. Section 4. Said Act is further amended by striking therefrom section 11A, relating to correction of errors by the trial court on its own motion. Repealed.

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Section 5. Said Act is further amended by striking section 12 thereof, relating to preparation of the record on appeal, and by substituting in lieu thereof the following: Section 12(a). Within five (5) days after the date of filing of the transcript of evidence and proceedings by the appellant or appellee, as the case may be, it shall be the duty of the clerk of the trial court 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 a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and transmit the same, together with the transcript of evidence and proceedings, to the appellate court together with his certificate as to the correctness of the record. Where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record within twenty (20) days after the date of filing of the notice of appeal. If for any reason the clerk is unable to transmit the record and transcript within the time hereinbefore required, or when an extension of time was obtained under section 6 hereof, he shall state in his certificate 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 retain an exact duplicate copy of all records and the transcript sent up, with the same pagination, in his office as a permanent record. Preparation of record on appeal, etc. (b) 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

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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. Section 6. Said Act is further amended by striking section 17, relating to charge of the court and requests to charge, and by substituting in lieu thereof the following: Section 17. (a) Except as otherwise provided in this section; in all 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 objection 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. Requests to charge, etc. (b) In all 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. The trial judge shall file with the clerk all requests submitted to him, whether given in charge or not. (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 7. Said Act is further amended by striking from section 18 (a), relating to service, in the tenth line, the word certified so that said section when so amended shall read as follows:

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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 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. Where the address of any party is unknown and such party is not represented by an attorney of record, service of all notices and other papers referred to above may be perfected on such party by mail directed to the last known address of such party. Service. Section 8. Said Act is further amended by adding to section 20 thereof, relating to suggested forms, immediately prior to the line at the conclusion of the form for Notice of Appeal in Civil Cases (paragraph a) and the Notice of Appeal in Criminal Cases (paragraph b) which reads: Dated:....., 19....., Forms. the following: Transcript of evidence and proceedings will/will not be filed for inclusion in the record on appeal. Section 8A. Said act is further amended by adding to section 20 thereof, relating to suggested forms, immediately prior to the line at the conclusion of the form for notice of cross appeal (paragraph c) which reads: Dated:....., 19......, Same. the following:

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Transcript of evidence and proceedings (will be filed) (will not be filed) (has already been designated to be filed by appellant) for inclusion in the record on appeal. Section 9. Code section 6-1606, relating to the mode of announcing decisions is hereby amended by striking said section in its entirety, and by substituting in lieu thereof the following: Section 6-1606 . No decision shall be rendered ore tenus. The reporter shall publish in the official reports of the Supreme Court and Court of Appeals all judgments, but only those opinions which the courts shall direct to be published. Appellate court decisions. Section 10. Said Act is further amended by striking from section 13 (b) thereof, as amended, the following: ; 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, so that said section 13 (b) when so amended shall read as follows: (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; or (3) where the questions presented have become moot. 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

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and record so that the appellate court can and will pass upon the appeal and not dismiss it. Dismissal of appeals, etc. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1966. ELECTIONSQUALIFICATION OF CANDIDATES IN PRIMARIES. Code 34-1006 Amended. No. 556 (Senate Bill No. 178). An Act to amend Code Section 34-1006, relating to the qualification of candidates in primaries, so as to provide the time for qualifying; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 34-1006, relating to the qualification of candidates in primaries, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 34-1006 to read as follows: 34-1006. Qualification of candidates . Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary the candidates shall qualify at least 90 days prior to the date of such primary, but not more than 135 days prior to the date of such primary. In the case of a special primary, the candidates shall qualify at least 15 days prior to the date of such primary. The Executive Committee or other rule making body of the party shall fix the qualifying date within the limitations provided in this Section. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1966.

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PRACTICE AND PROCEDURESUBPOENAS, ETC. Code Chapters 38-8, 38-9 Repealed. Code 38-1501, 38-1501.1, 38-1502, 38-1504, 38-1508, 38-1902 and 38-1903 Repealed. No. 557 (House Bill No. 243). An Act to revise comprehensively the laws relating to subpoenas and other like processes; to provide for subpoenas and the issuance thereof, relating both to witnesses and production of documents and other evidence; to prescribe fees, method of service and mileage allowances; to provide for issuance in blank in certain instances; to provide for enforcement by contempt, fine, and by rendition of judgment when the offending person is a party; to provide for continuances and the effect of failure of a person served to respond; to provide for notices to produce; to declare to what cases this Act shall apply; to repeal Code Chapter 38-8, relating to notices to produce; to repeal Code Chapter 38-9, relating to subpoenas duces tecum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Subpoenas . (a) For Attendance of Witnesses; Form; Issuance . Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) For Production of Documentary Evidence . A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon written motion made promptly and in any event at or before the time specified

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in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things. (c) Service; Fees . A subpoena may be served by any sheriff, by his deputy or by any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima facie proof of service. Service upon a party may be made by serving his counsel of record. (d) Fees; Mileage . The witness fee shall be four dollars ($4.00) per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance, but when a witness resides outside the county where the testimony is to be given, service of the subpoena to be valid must be accompanied by tender of the fee for one day's attendance plus mileage of eight (8) cents per mile for traveling expenses for going from and returning to his place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency or postal money order, or by cashier's or certified check. When the subpoena is issued on behalf of the state, or an officer, agency or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered. (e) Subpoena For A Hearing Or Trial . At the request of any part subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the county, or at any place without the county that is within 150 miles of the place of the hearing or trial specified in the subpoena.

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(f) Enforcement; Failure to Respond . Subpoenas may be enforced by attachment for contempt, and by fine not exceeding $300.00 and by imprisonment not exceeding 20 days. In all cases under this paragraph, the court shall consider whether under the circumstances of each case the subpoena was served within a reasonable time but in any event not less than twenty-four (24) hours prior to the time that appearance thereunder was required. The court may also in appropriate cases grant continuance of the cause, and in any event, when books, papers, or documents were unsuccessfully sought, secondary evidence thereof shall be admissible. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining same fails to present to the clerk the name and address of the witness so subpoenaed at least (6) hours before appearance is required. (g) Notice To Produce . Where a party desires to compel production of books, writings or other documents or tangible things in the possession, custody or control of another party, in lieu of serving a subpoena under this Section, the party desiring such production may serve a notice to produce upon counsel for such other party. Service may be perfected in accordance with paragraph (c) hereof, but no fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by paragraph (f) hereof, and the provisions of paragraph (b) hereof shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or his attorney, and be directed to the opposite party or his attorney. Section 2. This Act shall apply to all civil cases, and, insofar as consistent with the Constitution, to all criminal cases. Where applicable. Section 3. Specific Repeals . The following statutes, Code sections and laws are hereby repealed: (a) Code Chapter 38-8, relating to notices to produce.

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(b) Code Chapter 38-9, relating to subpoena duces tecum. (c) Code section 38-1501, as amended by an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 484), which section relates to subpoenas and the fees therefor. (d) Section 1A of an Act approved January 5, 1954 (Ga. L. 1953, Nov.-Dec. Sess., pp. 484, 486; Code Annotated section 38-1501.1), relating to presentation to the clerk of the names of witnesses subpoenaed. (e) Code section 38-1502, relating to payment of witnesses' fees and issuance of execution therefor. (f) Code section 38-1504, relating to attachment against witnesses failing to respond to a subpoena and other consequences. (g) An Act approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 46; Code Annotated section 38-1508), relating to attendance by witnesses who are nonresidents of the county. (h) An Act approved February 13, 1956 (Ga. L. 1956, Vol. 1, p. 63), relating to service of subpoenas and notices to produce by mail. (i) Code sections 38-1902 and 38-1903, relating to subpoenas and fees in criminal cases. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1966. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT AMENDEDCOMPENSATION OF DEALERS. No. 558 (House Bill No. 92). 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

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by an Act approved March 1, 1960 (Ga. L. 1960, p. 153), an Act approved January 30, 1964 (Ga. L. 1964, p. 57) and an Act approved March 27, 1965 (Ga. L. 1965, p. 321), 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 March 1, 1960 (Ga. L. 1960, p. 153), an Act approved January 30, 1964 (Ga. L. 1964, p. 57) and an Act approved March 27, 1965 (Ga. L. 1965, p. 321), is hereby amended by striking in its entirety that paragraph of subsection (b) of section 16 which reads 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 and two per-cent (2%) of said tax on all taxable sales exceeding $120,000.00 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 submitting 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 amount of the tax due and accounted for and remitted to the Commissioner in the form of a deduction in submitting his report and paying the amount due by him; provided the amount due was not delinquent at the time of payment.

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Section 2. The provisions of this Act shall become effective July 1, 1966 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 16, 1966. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX AMENDEDEXEMPT SALES. No. 559 (House Bill No. 481). 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, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 613), so as to exempt the sale of tangible personal property and services to certain private schools from the taxes imposed 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 known as 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 April 12, 1963 (Ga. L. 1963, p. 613), is hereby amended by striking section 3 (c) 2 (m) which reads as follows: (m) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this State whose academic credits are accepted as equivalents by the University System of Georgia and its educational units., and inserting in lieu thereof a new section 3 (c) 2 (m) to read as follows:

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(m) Sales of tangible personal property and services to be used exclusively for educational purposes by those private colleges and universities in this State whose academic credits are accepted as equivalents by the University System of Georgia and its educational units. Also sales of tangible personal property and services to be used exclusively for educational purposes by those private elementary and secondary schools accredited either by the Georgia Accrediting Commission or the Southern Association of Colleges and Schools. Section 2. This Act shall become effective June 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. REVENUEMOTOR VEHICLE LICENSE PLATES, PURCHASE, ETC. No. 560 (House Bill No. 5). An Act to amend an Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. L. 1957, p. 197), an Act approved March 14, 1957 (Ga. L. 1957, p. 454), and an Act approved March 3, 1961 (Ga. L. 1961, p. 68), so as 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 constitute such tax collectors or tax commissioners as the agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles; to provide that such duties and responsibilities shall be a part of the official duties of the tax collectors and tax commissioners; to provide the procedure for the issuance of license plates; to provide for installment payment of certain license plate

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fees; to provide for the execution of a bond by the tax collectors or tax commissioners; to provide for the procedure connected with the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act pertaining to the registration and licensing of motor vehicles in the counties throughout the state, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended by an Act approved March 4, 1957 (Ga. L. 1957, p. 197), an Act approved March 14, 1957 (Ga. L. 1957, p. 454), and an Act approved March 3, 1961 (Ga. L. 1961, p. 68), 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 tax collectors of the various counties of this state, and the tax commissioners of those counties 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. The duties and responsibilities of such agents of the State Revenue Commissioner shall be a part of the official duties and responsibilities of the tax collectors and tax commissioners of Georgia. Duties of tax collectors, etc. Section 2. Said Act is further amended by inserting in section 2 between the first and second sentences the following: The State Revenue Commissioner shall not distribute license plates for motor vehicles to any tax collector or tax commissioner for any motor vehicle in excess of 24,000 pounds but shall maintain an inventory of such license plates at one central location in the state., so that when so amended section 2 shall read as follows: Section 2. The State Revenue Commissioner shall furnish to each such agent such number of motor vehicle license

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plates as he may deem necessary for issuance by such agent, together with such blank forms and other supplies as are necessary to enable such agent to perform the duties required of him by this Act. The State Revenue Commissioner shall not distribute license plates for motor vehicles to any tax collector or tax commissioner for any motor vehicle in excess of 24,000 pounds but shall maintain an inventory of such license plates at one central location in the state. The State Revenue Commissioner shall prescribe such reasonable rules and regulations as in his discretion may be necessary to effectuate the purposes of this Act. License plates. Section 3. Said Act is further amended by striking subsection (a) of section 3 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: a. All applicants to register a motor vehicle shall apply to the tax collector or the tax commissioner of that county wherein such motor vehicle is required to be returned for ad valorem taxation, and upon compliance with the provisions of Act No......, of the 1966 Georgia General Assembly, approved....., 1966, and the payment of the license fee required by law, such tax collector or tax commissioner shall accept the application for registration and, except as provided for hereinafter, if the license plate applied for is in such tax collector's or tax commissioner's inventory, he shall issue the appropriate plate. In those instances wherein a motor vehicle shall be purchased from a seller who is required to return said vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said motor vehicle is returned for taxation shall collect the required fee for the registration of said vehicle and, at the request of the purchaser, transmit said fee and the application for registration along with an appropriate certificate, which shall indicate that all ad valorem taxes due thereon have been paid, to the tax collector or tax commissioner of the county of the purchaser's residency, who shall issue the required license tag. The tax collector or tax commissioner transferring said application shall not be entitled to the fee prescribed for his services as agent of the State Revenue Commissioner for that purpose.

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If the license plates applied for is not in inventory, the application shall be approved and forwarded to the State Revenue Commissioner, who, upon receipt of a proper and approved application, shall issue the license plate applied for by mailing or delivering the plate to the applicant. Until the license plate is received by the applicant from the State Revenue Commissioner, the applicant may operate said vehicle without a license plate therefor upon the receipt issued to him by the tax commissioner or tax collector. When the fee prescribed for a license plate for a motor vehicle shall exceed $40.00, a tax agent shall be authorized to accept the application of the owner for the purchase of a license plate thereof if the application is accompanied by not less than 25% of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the Revenue Commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of said balance in three equal installments on or before the first day of June, September and December, respectively, of the calendar year in which the license plate is applied for. Application for plates, etc. Section 4. Said Act is further amended by inserting in section 3-A between the words fee and plus as they appear in the first sentence thereof the following: and all ad valorem taxes due thereon, so that when so amended section 3-A shall read as follows: Section 3-A. An applicant may purchase a motor vehicle license plate by mail, by mailing a properly completed application form to the agent of the county of his residence along with a money order in the amount of the license fee and all ad valorem taxes due thereon plus an additional fee of 25 cents. Nothing herein shall be construed so as to change the requirements for the affidavit regarding payment of taxes, as provided in an Act approved March 9, 1955 (Ga. L. 1955, p. 639), as now or hereafter amended. Mail applications. Section 5. 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:

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Section 4. Each such agent shall give bond conditioned as the State Revenue Commissioner may require, and in such amount as the State Revenue Commissioner may deem necessary and proper, not exceeding two hundred and fifty thousand dollars ($250,000), to adequately protect the state. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue, The bond shall run to the Governor of Georgia and his successors in office and shall be approved as to conditions, form, and sufficiency by the State Revenue Commissioner. Bonds. Section 6. Said Act is further amended by striking in its entirety section 6 and inserting in lieu thereof a new section 6 to read as follows: Section 6. License plates shall be issued only upon applications made to the local tag agent. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this Act or by the State Revenue Commissioner on an appropriate application forwarded to him by the local tag agent, where the type license plate applied for is not maintained in local inventory or where the license plate applied for is one of those special license plates provided by law. The State Revenue Commissioner shall not be authorized to receive any applications for license plates except those received through the local tag agents as provided for herein. Issuance of plates. Section 7. The provisions of this Act shall become effective on and shall apply to all years commencing on and after January 1, 1967. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 561 (House Bill No. 176). 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 the word teacher shall also include the director and any associate directors of the Georgia Educational Improvement Council; to change the limitation of employer contributions of teachers' salaries as the same was limited because of certain retirement benefits or allowances; to provide that no funds shall be expended or paid for certain retirement benefits and allowances until the minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961 has been implemented; to provide that if a member ceases to be a teacher other than by death or by retirement under the teachers' retirement system of Georgia, the amount of his contributions to said system shall be payable to him upon his request after the date he is paid his last compensation as a teacher with certain interest if such member has five years or more membership service; to provide that any individual who upon becoming a member of the Employees' Retirement System of Georgia has credits with the Teachers' Retirement System of Georgia and all such credits are for service subsequent to January 1, 1945, may have such credits transferred to the Employees' Retirement System of Georgia; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to 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 adding at the end of subsection (5) of section 1 the following: The word `teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Council and such Council shall pay the required employer matching funds., Teacher defined. 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 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

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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 and 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 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

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the terms of this sentence, shall not be entitled to any prior service credit for service rendered prior to being included in the system. The word `teacher' shall also include the director and any associate directors of the General Educational Improvement Council and such Council shall pay the required employer matching funds. Section 2. Said Act is further amended by striking section 5 (2) (c) in its entirety and inserting in lieu thereof a new section 5 (2) (c) to read as follows: 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 8.50% of teachers' salaries. No funds shall be expended or paid as provided in this subsection until such time as the provisions of an amendatory Act approved March 6, 1962 (Ga. L. 1962, p. 666), as amended by a subsequent amendatory Act approved April 17, 1963 (Ga. L. 1963, p. 656), relative to providing a minimum floor of $5.00 for each year of service up to forty years for those members of the teachers' retirement system of Georgia who retired on or before July 1, 1961, has been implemented to at least such $5.00 amount. Retirement benefits. Section 3. Said Act is further amended by striking from subsection (7) of section 5, after the words his request and before the words the date the words , sixty days from and inserting in lieu thereof the word after, so that when so amended subsection (7) of section 5 shall read as follows: (7) If a member ceases to be a teacher other than by death or by retirement under this retirement system, the amount of his contributions to this retirement system shall be payable to him upon his request after the date he is paid his last compensation as a teacher, with no interest

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credits thereon if he has less than five years of membership service or with three-quarters of the regular interest credited thereon to the time he ceases to be a member, if he has five or more years but less than 15 years of membership service, or with the full regular interest thereon to the time he ceases to be a member if he has 15 years or more membership service. If a member dies, the amount of his accumulated contributions, with interest credits thereon, according to his length of service as in this subsection specified, shall be paid to the person, if any, nominated by him by written designation duly executed and filed with the Board of Trustees; otherwise to the member's estate. Return of contributions. Section 4. Said Act is further amended by striking subsection (c) of section 9A in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Any other provisions of law to the contrary notwithstanding, any individual, who upon becoming a member of the Employees Retirement System of Georgia has credits with the Teachers' Retirement System of Georgia and all such credits are for service subsequent to January 1, 1945, may have such credits transferred to the Employees Retirement System of Georgia. Transfer of credits. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. REVENUECOLLECTION OF AD VALOREM TAXES ON MOTOR VEHICLES, ETC. No. 562 (House Bill No. 4). An Act to provide for the classification of motor vehicles as a separate and distinct class of tangible property for ad valorem tax purposes and to adopt a different rate, method of assessment, and dates of assessment for such property pursuant to Article VII, Section I, Paragraph

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III of the Constitution; to define the term motor vehicle; to provide for the return of motor vehicles for ad valorem taxation and the payment of such taxes; to provide for the form of such returns; to provide for a penalty for the failure to make such returns or pay said taxes; to provide where such returns shall be made and the taxes paid; to provide that local county tax collectors or tax commissioners shall collect the ad valorem taxes on motor vehicles of all taxing authorities; to provide that the State Revenue Commissioner shall prepare and distribute annually a uniform evaluation of all motor vehicles; to provide for the mill rate to be applied to such evaluations; to provide for a method of judicial review; to provide for the remittance of the taxes collected; to provide for the compensation of such tax collectors and tax commissioners for collecting such taxes; to provide for the disposition of such compensation; to provide that the county tax collectors and tax commissioners shall be the agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of all motor vehicles; to provide for the inclusion of motor vehicles upon the tax digests of the various taxing authorities; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to Article VII, Section I, Paragraph III of the Constitution, motor vehicles, for the purposes of ad valorem taxation, are classified as a separate and distinct class of tangible property. The procedures prescribed by this Act for returning motor vehicles for taxation, determining the applicable rates therefor, and collecting the ad valorem tax imposed thereon shall be exclusive. Section 2. For the purposes of this Act, a motor vehicle is defined as any vehicle which is designed primarily for use upon the public roads. Section 3. Every motor vehicle owned in the State of Georgia on the first day of January is subject to ad valorem taxation by the various taxing jurisdictions authorized to

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impose an ad valorem tax on property. Taxes shall be charged against the owner of the property if known and against the specific property itself if the owner is not known. Definition. Ad valorem taxes. Section 4. Each year every owner of a motor vehicle subject to taxation under the provisions of this Act must return the same for taxation and pay the taxes due thereon at the time the owner makes application for the registration of his motor vehicle and the purchase of a license tag therefore, or at the time of the first sale or transfer of the motor vehicle after December 31st, or on the first day of April, whichever occurs first. If the owner of a motor vehicle returns his vehicle for taxation prior to the date that the application for the purchase of a license tag is required, he shall make application for the purchase of said tag at the time he returns said vehicle for taxation. If no license plate shall be required for the motor vehicle, the owner shall nevertheless return said motor vehicle for taxation as provided for herein, but no license plate need be purchased. Except as is provided for in section 12, no license tag for any motor vehicle shall be issued by the tax collector or tax commissioner until all ad valorem taxes which become due thereon on or after January 1, 1967, have been paid. Payment of taxes and purchase of license plates. Section 5. In those instances wherein a motor vehicle shall be purchased from a seller who is required to return said vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tax collector or tax commissioner wherein said motor vehicle is returned for taxation shall collect the required fee for the registration of said vehicle in addition to the ad valorem tax due thereon and, at the request of the purchaser, transmit to the tax collector or tax commissioner of the county of the purchaser's residency said fee and the application for registration along with an appropriate certificate which shall indicate that all ad valorem taxes due thereon have been paid. Upon receipt of said fee and documents, the tax collector or tax commissioner of the county of the purchaser's residency shall issue the required license tag. Procedure when taxing county different from owners residence. Section 6. Motor vehicles owned by residents of this state shall be returned in the county of the owner's domicile

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unless such vehicle is primarily used in connection with some established business enterprise located in a different county, in which case it shall be returned in the county where such business is located. Motor vehicles owned by non-residents shall be returned in the county where situated. Where vehicles returned for taxes. Section 7. The application for registration of a motor vehicle and the purchase of a tag therefor shall constitute the return of that motor vehicle for ad valorem taxation. The State Revenue Commissioner is directed to prescribe a form which shall be used for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under the provisions of this Act. Procedure. Section 8. Every owner of a motor vehicle, in addition to the ad valorem tax due thereon, shall be liable for a penalty of 10% of the tax due or $1.00, whichever is greater, for the failure of said owner to make the return or pay the taxes in accordance with the provisions of this Act. Penalty. Section 9. The tax collector or tax commissioner receiving the return shall collect all ad valorem taxes imposed on such vehicle, irrespective of the taxing authority levying such taxes; and no other official shall be authorized to collect such taxes. Collection of ad valorem taxes. Section 10. The State Revenue Commissioner shall prepare annually and distribute to each of the county tax collectors and tax commissioners a uniform evaluation of all motor vehicles for their use as the taxable value of all motor vehicles. Evaluation. Section 11. Ad valorem taxes imposed on motor vehicles by a taxing authority shall be at the mill rate assessed by such taxing authority on tangible property for the previous calendar year. Tax rate. Section 12. Any applicant for a motor vehicle license plate who contests the assessment of an ad valorem tax against said vehicle may purchase such license plate without payment of the ad valorem tax assessed thereon by

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filing with the tax commissioner or tax collector an affidavit of illegality to the assessment together with a surety bond issued by a surety company authorized to do business in the State of Georgia, or in lieu of such bond, a bond to be approved by the clerk of the superior court of the county, or a cash bond, all of which shall be in an amount equal to the tax and any penalties and interest which might be found to be due. The bond shall be made payable to the tax collector or tax commissioner and conditioned upon the payment of taxes and penalties ultimately found to be due. The affidavit of illegality and bond shall be immediately transferred by the tax commissioner or tax collector to the superior court, filed therein and shall be tried as affidavits of illegality are now tried in tax cases. Contest of assessment. Section 13. The tax commissioner or tax collector collecting the ad valorem taxes on motor vehicles shall remit to the taxing authority imposing the tax such sums as have been collected, less the commissions hereinafter provided, on or before the fifteenth day of the month following collection. Taxes. Section 14. The tax collector or tax commissioner shall be compensated for his services in collecting the ad valorem taxes on motor vehicles of the various taxing jurisdictions within his county by such jurisdiction as follows: On all net collections made during any calendar year for each jurisdiction up to and including $ 6,000 6 per cent Over $ 6,000 and not exceeding $14,000 5 per cent Over $14,000 and not exceeding $24,000 4 per cent Fees. Over $24,000 and not exceeding $36,000 3 per cent Over $36,000 and not exceeding $52,000 2 per cent Over $52,000 and not exceeding $76,000 2 per cent Over $76,000 1[frac34] per cent

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The schedule of commissions provided above may be changed and altered by the agreement of the parties concerned by contract in those instances which require individual adjustment. Provisions of laws now in effect covering such compensation shall not be repealed by this Act. Section 15. All fees and commissions allowed local tax collectors and tax commissioners for collecting ad valorem taxes on motor vehicles shall be collected by such officials; and in those instances where such officials are compensated by the fee system, such commissions shall be retained by the local officials as a part of their compensation. In those instances where the tax collector or tax commissioner has been placed upon a salary in lieu of the fee system of compensation, such fees and commissions shall be turned into the county treasury. Notwithstanding the above provisions, the fees and commissions provided for herein shall become the property of and shall be disposed of pursuant to the provisions of local acts specifically providing for the disposition of such fees and commissions. Same. Section 16. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Said local officials are hereby designated as the agent of the State Revenue Commissioner for the purpose of accepting applications for the registration of motor vehicles. The duties and responsibilities incident to the exercise of such designation shall be a part of the official duties and responsibilities of the various local tax collectors and tax commissioners. Duties of tax collectors, etc. Section 17. The value of all motor vehicles returned for taxation during the current calendar year shall be added to the regular digest at the time the same shall be transmitted to the State Revenue Commissioner or at such other time as the digest shall be required to be compiled and the total thereof shall be the tax digest. Tax digest. Section 18. Nothing contained within this Act shall be construed so as to require the payment of an ad valorem tax prior to the purchase of a license tag for any motor vehicle which is not subject to ad valorem taxation within this state. Intent.

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Section 19. The provisions of this Act shall become effective on and shall apply to all tax years commencing on and after January 1, 1967. Effective date. Section 20. 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 21. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. REVENUEINCOME TAXESCOMPENSATION OF ARMED FORCES PERSONNEL. No. 563 (House Bill No. 469). An Act to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include compensation received by certain enlisted personnel for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any year; to provide that for the purposes of determining income taxes due the State of Georgia, that gross income shall not include so much of the compensation as does not exceed $2,400.00 per year received by certain commissioned officers for active service as a commissioner officer in the Armed Forces of the United States for any year; to provide for definitions;

Page 524

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. For the purposes of determining income taxes due the State of Georgia: (a) Gross income shall not include compensation received for active service as a member below the grade of commissioned officer in the Armed Forces of the United States for any year during any part of which such member: (1) Served in a combat zone as defined in this Act during an induction or enlistment period, or (2) Was hospitalized as a result of wounds, disease or injury incurred while serving in a combat zone during an induction or enlistment period, provided such hospitalization was for 90 days or more, or (3) Was hospitalized as a result of wounds or injury while engaging an enemy or force hostile to the United States of America, during an induction or enlistment period, provided such hospitalization was for 90 days or more. (b) Gross income shall not include so much of the compensation as does not exceed $2,400.00 per year received for active service as a commissioner officer in the Armed Forces of the United States for any year during any part of which such officer: (1) Served in a combat zone as define in this Act during an induction or enlistment period, or (2) Was hospitalized as a result of wounds, disease or injury incurred while serving in a combat zone during an induction or enlistment period, provided such hospitalization was for 90 days or more, or (3) Was hospitalized as a result of wounds or injury while engaging an enemy or force hostile to the United

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States of America, during an induction or enlistment period, provided such hospitalization was for 90 days or more. (c) For the purposes of this Act, the term commissioned officer does not include a commissioned warrant officer. A commissioned warrant officer shall be considered below the grade of commissioned officer. Section 2. For the purposes of this Act, the term combat zone shall mean: (a) Vietnam, including the waters adjacent thereto within the following described limits: From a point on the East Coast of Vietnam at the juncture of Vietnam with China southeastward to 21 N Lat., 108 15[prime] E Long.; thence southward to 18 N Lat., 108 15[prime] E Long.; thence southeastward to 17 30[prime] N Lat., 111 E Long.; thence southward to 11 N Lat., 111 E Long.; thence southwestward to 7 N Lat., 105 E Long.; thence westward to 7 N Lat., 103 E Long.; thence northward to 9 30[prime] N Lat., 103 E Long.; thence northeastward to 10 15[prime] N Lat.; 104 27[prime] E Long.; thence northward to a point on the West Coast of Vietnam at the juncture of Vietnam with Cambodia, and the air space above Vietnam and the area herein described. Combat zone defined. Section 3. For the purposes of this Act, services shall be deemed performed in a combat zone only if performed on or after January 1, 1965 and on or before the date designated by the President of the United States of America by Executive Order as the date of the termination of combatant activities in such combat zone, or on or before the date designated by law as the date of the termination of the provisions of this Act. Effective dates. Section 4. For the purposes of this Act, the word hospitalized shall mean hospitalization in any facility or institution operated by the United States Government or hospitalization in any facility or institution by virtue of a contract with the United States Government. Hospitalized defined.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. EMPLOYMENT SECURITY LAW AMENDED. Code Chap. 54-6 Amended. No. 564 (House Bill No. 137). An Act to amend an Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806, et seq.), as amended, (now Employment Security Law), by modifying the benefit tables to provide increased weekly benefit amounts and the qualifications and eligibility for benefits; by providing for the availability of trainees; by correcting references in disqualification provisions; by providing for the disqualification of trainees who quit training, by providing for the non-charging of benefits paid under certain conditions; by providing conditions for computation of rate eligibility; by redefining computation date; by modifying the provisions to insure the solvency of the Trust Fund; by providing additional procedure for securing reports and contributions by action in the Superior Courts; by providing for payments made to licensed real estate salesmen exempt from the definition of wages; provide for effective dates, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. The Act approved March 29, 1937, known as the Unemployment Compensation Law (Ga. L. 1937, pp. 806 et seq.) as amended (now the Employment Security Law), be, and the same is hereby amended in the following respects, namely: Section 2. By striking subsection (b) of section 3 of said Act (Section 54-604 and Section 54-606, Ga. Ann. Code), in its entirety and inserting in lieu thereof the following:

Page 527

(b) Weekly Benefit (1) Amount `An Individual's `weekly benefit amount' shall be the amount appearing in Column B in the table of this section on the same horizontal line on which appears in Column A of said table the total insured wages paid such individual in that quarter of his base period in which such total wages were highest, provided insured wages were paid such individual during two or more quarters of his base period and the total of such wages equals or exceeds the amount shown in Column C of the table on the same line. COLUMN A COLUMN B COLUMN C Wages Paid in Weekly Qualifying Highest Quarter Benefit Wages in of Base Period Amount Base Period $ 175.00 - $ 199.99 $ 8 $ 288 200.00 - 224.99 9 324 225.00 - 249.99 10 360 250.00 - 274.99 11 396 275.00 - 299.99 12 432 300.00 - 324.99 13 468 325.00 - 349.99 14 504 350.00 - 374.99 15 540 375.00 - 399.99 16 576 400.00 - 424.99 17 612 425.00 - 449.99 18 648 450.00 - 474.99 19 684 475.00 - 499.99 20 720 500.00 - 524.99 21 756 525.00 - 549.99 22 792 550.00 - 574.99 23 828 575.00 - 599.99 24 864 600.00 - 624.99 25 900 625.00 - 649.99 26 936 650.00 - 674.99 27 972 675.00 - 699.99 28 1,008 700.00 - 724.99 29 1,044 725.00 - 749.99 30 1,080 750.00 - 774.99 31 1,116 775.00 - 799.99 32 1,152 800.00 - 824.99 33 1,188

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825.00 - 849.99 34 1,224 850.00 - 874.99 35 1,260 875.00 - 899.99 36 1,296 900.00 - 924.99 37 1,332 925.00 - 949.99 38 1,368 950.00 - 974.99 39 1,404 975.00 - 999.99 40 1,440 1,000.00 - 1,024.99 41 1,476 1,025.00 - 1,049.99 42 1,512 1,050.00 and over 43 1,548 The foregoing Benefit Table shall be effective with benefit year beginning July 1, 1966, and through June 30, 1967. Effective date. Provided, there shall be added to the foregoing Benefit Table two (2) additional steps effective with benefit years beginning July 1, 1967 increasing the Weekly Benefit Amount to a maximum of forty-five dollars ($45.00), with the Benefit Table remaining the same except for the last step and the two additional steps which shall then read: COLUMN A COLUMN B COLUMN C $1,050.00 - $1,074.99 $43 $1,548 1,075.00 - 1,099.99 44 1,584 1,100.00 and over 45 1,620 Provided, however, that benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a picket line at the factory, establishment, or other premises at which he is, or was last, employed, even though the stoppage of work shall have ceased and operations have been resumed. (2) Duration `Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to twenty-six (26) times his weekly benefit amount or one-fourth () of his wages for insured work paid during the base period, whichever is the lesser; provided that such total amount of benefits, if not a multiple of the weekly benefit amount, shall be adjusted to the nearest multiple of the weekly benefit amount'.

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Section 3. Said Act is further amended by adding to subsection (c) of section 4 (Section 54-609 (c), Ga. Ann. Code) a new and additional paragraph at the end of said subsection to read as follows: Provided further, that satisfactory attendance and satisfactory progress in a training course approved by the Employment Security Agency shall be evidence of availability and an otherwise eligible individual shall not be ineligible to receive benefits while attending such training course. Training courses. Section 4. Said Act is further amended by striking in subsections (a), (b), and (c) of section 5 (Section 54-610 (a), (b) and (c), Ga. Ann. Code), the letter in parenthesis (d) immediately following the words under section 3 and immediately preceding the word hereof wherever said letter d in parenthesis appears in said subsections (and in the Ga. Ann. Code the figures 54-606) and by substituting in lieu thereof the letter (b) in parenthesis (and in the Ga. Ann. Code the figures 54-604) so that said proviso containing the letter d in parenthesis in each subsection will read when so amended as follows: Provided, however, that there shall be charged against the benefits to which the individual is entitled under section 3 (b), hereof (and in the Ga. Ann. Code the figures 54-604), an amount equal to his weekly benefit amount for each week of such disqualification; Disqualification. Section 5. Said Act is further amended by adding to section 5 (Section 54-610, Ga. Ann. Code), a new and additional paragraph lettered (g) to read as follows: Same. (g) Who is attending a training course as provided in section 4 (c) of the Act (Section 54-609 Ga. Ann. Code) and voluntarily quits attending such course without good cause, shall be disqualified for benefits under the provisions of section 5 (a) (Section 54-610 (a) Ga. Ann. Code) providing for a disqualification for voluntarily quitting a job. Section 6. Said Act is further amended by striking the period at the end of paragraph (C) of paragraph (2) of

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subsection (c) of section 7 (Section 54-622 (2) (C) Ga. Ann. Code) and adding in lieu thereof a semicolon and the word or and by adding to paragraph (2) of subsection (c) of section 7, a new paragraph lettered D to read as follows: (D) If an individual's employment was terminated by the retirement of the individual pursuant to a retirement or lump-sum retirement pay plan under which the age of mandatory retirement has been agreed upon by the employer and his employees or by the bargaining agent representing such employees, any such benefits paid to such individuals shall be charged against the fund and not against the account of the employer. Mandatory retirement. Section 7. Said Act is further amended by adding to paragraph (5) of subsection (c) of section 7 (Section 54-622 (5), Ga. Ann. Code), a new and additional unnumbered paragraph to read as follows: Provided however, that as of any computation date, any employer who has failed to file by the end of the month following any computation date (unless the time for filing reports has been extended under section 16 (e) (Section 54-632.1 Ga. Ann. Code) all required reports with respect to employment and wages paid together with such other information as is necessary to compute his contribution rate under this section, shall not be eligible for a reduced rate but shall be assigned the standard rate of 2.7 per centum if his account shows an excess of contributions paid over benefits charged, or the maximum rate of 4.2 per centum if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned., so that said paragraph (5) of subsection (c) of section 7, when so amended, shall read as follows: Employers' reports, etc. (5) For the year 1942 and each calendar year thereafter, employers shall be classified in accordance with their actual experience in the payment of contributions, and with respect to benefits charged against their accounts, with a view of fixing such contribution rates as will reflect such benefit

Page 531

experience. Each employer's rate for any calendar year shall be determined on the basis of his record as of the computation date for that calendar year. Provided, however, that as of any computation date, any employer who has failed to file by the end of the month following any computation date (unless the time for filing reports has been extended under section 16 (e) (Section 54-632.1 Ga. Ann. Code)) all required reports with respect to employment and wages paid together with such other information as is necessary to compute his contribution rate under this section, shall not be eligible for a reduced rate but shall be assigned the standard rate of 2.7 per centum if his account shows an excess of contributions paid over benefits charged, or the maximum rate of 4.2 per centum if his account shows an excess of benefits charged over contributions paid. Such rate shall remain effective until the end of the calendar year for which such rate has been assigned. Section 8. Said Act is further amended by striking the first (1st) sentence in paragraph (iv) of paragraph 7 of subsection (c) of section 7 (Section 54-622 (7) (iv) Ga. Ann. Code) and inserting in lieu thereof the following: (iv) The term computation date means December 31, of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the twelve consecutive calendar months period ending on the computation date; provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business, shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of section 7, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. Computation date defined. so that said paragraph (iv), when so amended, will read as follows:

Page 532

(iv) The term computation date means December 31, of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the twelve consecutive calendar months period ending on the computation date; provided, however, that any corporation, partnership, individual, or other legal entity, who acquires by purchase, merger, consolidation, or other means, substantially all of the business, or assets thereof, of any employer, and who thereafter continues such acquired business, shall be deemed to be a successor to the predecessor from whom such business was acquired for purposes of section 7, and, if not already an employer prior to such acquisition, shall become an employer on the date of such acquisition. The successor shall succeed to the employment benefit experience record of the predecessor. If the successor is not already an employer at the time of such acquisition, the rate of contributions applicable at such time to the predecessor unit shall continue to be applicable to the successor as to contributions payable based on wages of employees, of such acquired unit only, until the time hereinafter stipulated, but if the successor is already an employer at the time of such acquisition, the rate of contributions applicable to the successor at the time of the acquisition shall continue to be applicable to the successor after the acquisition until the time hereinafter stipulated. In either case, such rate, or rates, shall continue in effect until the first day of the next calendar quarter immediately following such acquisition, at which time it shall be the duty of the Commissioner to compute a rate based upon the combined employment benefit experience record of the predecessor and successor, subject to the provisions of subsection (6) (i) hereof, which rate shall be applicable to the successor from the first day of such quarter until the next computation date hereunder. Commencing with the next calendar quarter after acquisition, the employment experience of the former employer and the successor employer shall be combined, and the rate of the successor for such quarter and thereafter shall be based on such combined experience. All rates thereafter shall be computed on the basis of such combined employment benefit experience records. The Commissioner

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shall prescribe by regulation the notice to be given of such acquisition. The provisions of this subparagraph shall apply to all contributions payable by a successor, regardless of whether or not such successor acquired the business, or assets thereof, from his predecessor prior or subsequent to the effective date of this subparagraph. It is further provided that in cases where a corporation, partnership, individual, or other legal entity acquires any clearly identifiable or segregable portion of the business of an employer, and such successor is an employer at the time of the acquisition, or becomes an employer before or within the two calendar quarters immediately following the quarter in which the acquisition was made, or within one complete calendar quarter after the passage of this Act, whichever is later, the Commissioner shall upon notice of such acquisition and with the mutual consent of both parties, transfer to such successor the portion of the predecessor's payroll records and experience rating records which are attributable to the portion of the business which was acquired. The Commissioner shall prescribe by regulation the period within which notification of such acquisition shall be given and the method by which the experience to be transferred shall be computed. The experience rating records of the predecessor employer, as thus computed, shall be used as the basis for the contribution rate of the successor; provided that, where the successor is an employer the experience rating records transferred shall be combined with his experience rating records effective as of the first day of the next calendar quarter immediately following such acquisition, at which time it shall be used to compute a rate based upon the combined experience of the predecessor and successor. Nothing in this subparagraph shall be construed to authorize or require the refund of any sums lawfully paid into the trust fund created by section 9 (a), or to otherwise use any of the same except to pay compensation benefits, provided, that if and when the Federal Social Security Law or any other Federal Unemployment Compensation Law should in the future be so amended as to: (1) Reduce the basic period of time experience for reduced rating or (2) give to war veterans the benefit of time in the service in

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computing said base period or (3) allow war veterans concessions in computing base period experience by adding that served in one employing enity to that served in another employing entity, whether successor or not, then the Commissioner of Labor is hereby authorized to give effect to any or all such amendments for the benefit of Georgia employers by Executive Order. Section 9. Said Act is further amended by striking in its entirety paragraph (8) of subsection (c) of section 7 (Section 54-622 (8), Ga. Ann. Code), and by substituting in lieu of said paragraph a new paragraph (8) to read as follows: (8) If on the last day of any calendar quarter the balance in the Unemployment Compensation Trust Fund is less than one hundred fifty million dollars ($150,000,000), each employer whose rate of contribution is computed in accordance with subsection (c) of section 7, shall have an additional rate of 0.5 per centum added to such computed rate, but not to exceed a cumulative contribution rate of 4.2 per centum. Such additional rate shall become effective on his taxable payroll on the first day of the immediately following calendar quarter and shall continue in effect until the last day of that calendar year. Tax rates. Provided, however, that if on the last day of any calendar year the balance in the Unemployment Compensation Trust Fund is less than one hundred twenty-five million dollars ($125,000,000), the additional rate shall be 1.0 per centum effective on the first day of the next calendar year, and shall continue in effect until the last day of that calendar year. Provided further, that if on the last day of any calendar year the balance in the Unemployment Compensation Trust Fund is less than one hundred million dollars ($100,000,000), the additional rate shall be 1.5 per centum effective on the first day of the next calendar year and shall continue in effect until the last day of that calendar year. Provided further, that if on the last day of any calendar year, the balance in the Unemployment Compensation

Page 535

Trust Fund is less than seventy-five million dollars ($75,000,000), the additional rate shall be 2.0 per centum effective on the first day of the next calendar year and shall continue in effect until the last day of that calendar year. Notwithstanding any other provision herein, any additional rate imposed by this section shall be in addition to the computed rate each year for eligible employers, but not to exceed a cumulative contribution rate of 4.2 per centum. The provisions of this paragraph (8) of subsection (c) of section 7 shall operate prospectively as and when in the future said conditions shall be found to exist. The Commissioner will give notice to each employer of any rate change by reason of the above provisions. Section 10. Said Act is further amended by adding to paragraph (1) of subsection (b) of section 14 (Section 54-648 (1), Ga. Ann. Code), a new and additional unnumbered paragraph to read as follows: Any employer failing to make return or to pay the contributions levied under this Chapter for a period of ninety days after the end of the calendar quarter for which the reports and contributions are due, and who has not ceased to be an employer as provided therein, may be enjoined from employing individuals in employment as defined in this Chapter upon the complaint of the Commissioner, or his designate, in the Superior Court of any county in which said employer may be doing business; and such employer so failing to make return or to pay contributions levied hereunder shall be enjoined from employing individuals in employment until such return shall have been made and the contributions shown to be due thereunder paid to the Commissioner. Injunctions. so that said paragraph (1) of subsection (b) of section 14, when so amended, shall read as follows: (1) If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount

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due, including any penalty, may be collected by civil action in the name of the Commissioner, and the employer adjudged in default shall pay the cost of such action. Civil actions brought under this Section to collect contributions, interest or penalty thereon from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this Act and cases arising under the Workmen's Compensation Laws of this State, and other actions to which the State is a material party, which are now given precedence. Any employer failing to make return or to pay the contributions levied under this Chapter for a period of ninety days after the end of the calendar quarter for which the reports and contributions are due, and who has not ceased to be an employer as provided therein, may be enjoined from employing individuals in employment as defined in this Chapter upon the complaint of the Commissioner, or his designate, in the Superior Court of any county in which said employer may be doing business; and such employer so failing to make return or to pay contributions levied hereunder shall be enjoined from employing individuals in employment until such return shall have been made and the contributions shown to be due thereunder paid to the Commissioner. Section 11. Said Act is further amended by adding in subsection (n) of section 19 (Section 54-657 (n)) a new and additional paragraph numbered (3) to read as follows: (3) Payments made after July 1, 1966 as commission by a real estate broker to a licensed real estate salesman exclusively for the sale of real property; and Real estate salesmen, etc. so that, when so amended, subsection (n) (3) of section 19 will provide: (n) Wages means all remuneration for personal services, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any

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medium other than cash shall be estimated and determined in accordance with the rules prescribed by the Commissioner, provided, that the term wages shall not include, * * *: (3) Payments made after July 1, 1966 as commission by a real estate broker to a licensed real estate salesman exclusively for the sale of real property; and Section 12. Effective dates . Except as otherwise specifically provided, and except as contained in the context hereof, this amendatory Act shall be effective on and after April 1, 1966. Section 13. Severability . The provisions of this amendatory Act are severable, and the invalidity of one or more provisions of this Act shall not be held to affect or impair any of the remaining provisions. Section 14. Repealing clause . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. GEORGIA RETAILERS' AND CONSUMERS' SALES AND USED TAX ACT AMENDEDEXEMPTIONS ON MACHINERY. No. 565 (House Bill No. 303). An Act to amend the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 21, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved February 12, 1963 (Ga. L. 1963, p. 13), so as to remove as one of the requirements for an exemption of the tax on machinery used in the manufacture of tangible personal property in certain plants that the installation of such machinery must result in a substantial increase in the employment of the plant; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 21, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved February 12, 1963 (Ga. L. 1963, p. 13), is hereby amended by striking from section 3 (c) 2 (n) (2) the following. both the employment and, so that when so amended section 3 (c) 2 (n) (2) shall read as follows: (2) The sale of machinery which is used directly in the manufacture of tangible personal property when such machinery is incorporated, as additional machinery, for the first time into a manufacturing plant presently existing in this State: Provided, the acquisition of such machinery results in a substantial increase in the productive capacity of such plant. Section 2. Said Act is further amended by striking from the end of section 3 (c) 2 (0) (4) the following: : Provided, the acquisition of such machinery results in a substantial increase in both the employment and the productive capacity of such plant, so that when so amended section 3 (c) 2 (0) (4) shall read as follows: (4) The sale of machinery which is used directly in the manufacture of tangible personal property when such machinery is bought to replace machinery in a manufacturing plant presently existing in this State to the extent that the normal productive capacity of such replacement machinery exceeds the normal productive capacity of the machinery replaced. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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THE BOARD OF TRUSTEES OF THE JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 566 (House Bill No. 569). An Act to amend an Act creating The Board of Trustees of the Joint Municipal Employee's Retirement System and providing for the establishment of a joint municipal retirement system, approved March 31, 1965 (Ga. L. 1965, p. 421) so as to provide for fixed benefit plans; to provide that six members of said Board shall be municipal employees or officers; to provide for benefits prior to 1970 where properly funded; to clarify provisions relating to participating units in the retirement Fund; to clarify the provisions relating to the allocation of expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating The Board of Trustees of the Joint Municipal Employee's Retirement System and providing for the establishment of a joint municipal retirement system, approved March 31, 1965 (Ga. L. 1965, p. 421) is hereby amended by striking subsections (5) and (6) of section 2 in their entirety and substituting in lieu thereof new subsections (5) and (6) as follows: (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, and employees of the Board herein created. Definitions. (6) `Participating employee' shall mean an employee of a member municipality or of the Board herein created for whom contributions to the retirement system are being made under a contract. and by renumbering the present subsection (8) of section 2 subsection (9) and adding after the present subsection (7) a new subsection (8) to read as follows:

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(8) `Fixed Benefit' shall mean a plan whereby retirement benefits are determined in advance by a formula and the contributions are treated as the variable factor. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: 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, a citizen of the State of Georgia and, except for the seventh member appointed by the Board as provided in section 5, shall be an employee or elected or appointed officer of an incorporated municipality. Members of the Georgia Real Estate Investment Board shall not be eligible to serve on the said Board. A member who ceases to be an employee or elected or appointed officer of an incorporated municipality, except the seventh member as provided in section 5, shall no longer be eligible to serve on the Board and such event shall work a vacancy which shall be filled in the same manner as other vacancies. Members shall be eligible to succeed themselves. Board, members, etc. Section 3. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: 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 corporations. 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.

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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 may provide for money purchase benefit or for fixed benefit, and such plans may provide for optional settlement benefits which are determined by the Board to be actuarially equivalent to the primary retirement benefit provided in the respective contract. Any contract between the Board and a member municipality which provides a fixed benefit plan shall contain a provision that such fixed benefits are to be provided, to the extent fixed in such plan, by the municipality, and that the Board does not guarantee the fixed amount. Such plans may provide for death benefits in addition to retirement benefits. 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 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 4. Said Act is further amended by adding at the end of section 12 thereof a new numbered subsection to be numbered subsection (5) to read as follows: (5) the type of benefit, fixed or money purchase, and the death benefits, if any, to be provided. Benefits. Section 5. Said Act is further amended by striking section 13 thereof in its entirety and substituting in lieu thereof a new section 13 to read as follows: 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

Page 542

retirement age not earlier than age sixty-five nor later than age seventy. At least ten years service shall be required under any plan established pursuant to this Act to be eligible for retirement benefits. Early retirement. Section 6. Said Act is further amended by striking subsection (3) of section 18 in its entirety and substituting in lieu thereof a new subsection (3) to read as follows: (3) The interest of each member municipality in any Fund established shall be represented by units which shall constitute equal interests in any such Fund. The Board may from time to time establish new or additional Funds and separate and place therein new contributions rather than adding to existing Funds, and units therein shall represent equal interests in the respective Funds. Members' interest. Section 7. Said Act is further amended by striking section 23 in its entirety and substituting in lieu thereof a new section 23 to read as follows: 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 may be chargeable by the Board to either principal or income or both as determined by the Board on any valuation date as hereinbefore provided; further, the Board shall have the authority to allocate expenses between member municipalities on the basis of costs. Administrative expenses for the first year of operation may be assessed against first year contributions in proportion to the number of participating employees. Administrative expenses. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 16, 1966.

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MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT AMENDED. No. 567 (House Bill No. 292). An Act to amend an Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expenses not otherwise provided in said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Minimum Foundation Program of Education Act, approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, is hereby amended by striking from the first sentence of section 13 the following: $400 per State-allotted teacher., and inserting in lieu thereof the following: $600 per school year per State-allotted teacher through the 1966-67 school year, not less than $650 per State-allotted teacher for the 1967-68 school year and not less than $750 per State-allotted teacher for the 1968-69 school year and each school year thereafter., so that when so amended said section shall read as follows: Section 13. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses . The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in section 11 through section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of section 11 of this Act by a sum of money per

Page 544

teacher to be determined by the State Board of Education which shall not be less than $600 per school year per State-allotted teacher through the 1966-67 school year, not less than $650 per State-allotted teacher for the 1967-68 school year and not less than $750 per State-allotted teacher for the 1968-69 school year and each school year thereafter. The State Board of Education shall define the term `maintenance, operation and sick leave expenses' and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this section to local units of administration. Section 2. This Act shall become effective beginning with the 1966-67 school year. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. GENERAL ASSEMBLYCOMPENSATION OF MEMBERS, ETC. Code 47-107, 47-301 Amended. No. 568 (House Bill No. 478). An Act to amend Code section 47-107, relating to the per diem and mileage of members of the General Assembly, so as to provide for an annual salary, expenses and mileage for members of the General Assembly; to provide for additional salary for certain officials of the General Assembly; to provide the procedure connected therewith; to amend Code section 47-301, relating to doorkeepers and messengers, so as to provide for compensation therefor; to provide for the application of this Act and the time at which it shall become effective; to define maintenance expense allowance; to repeal conflicting laws; and for other purposes.

Page 545

Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-107, relating to the per diem and mileage of members of the General Assembly, is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 47-107 to read as follows: 47-107. Salary, expenses, and mileage of members and officials . Each member of the General Assembly shall receive an annual salary of $4,200.00 per annum to be paid in equal monthly installments by the State Treasurer. The Speaker of the House of Representatives shall receive an additional amount of $7,800.00 per annum, the Speaker Pro Tempore of the House of Representatives shall receive an additional amount of $800.00 per annum, and the President Pro Tempore of the Senate shall receive an additional amount of $800.00 per annum, all of which additional amounts shall also be paid in equal monthly installments by the State Treasurer. During regular and extraordinary sessions of the General Assembly each member shall also receive the sum of $25.00 per day as an expense allowance. Each member shall also receive a mileage allowance at the rate of 10c per mile for not more than four round trips during each regular session and for not more than two round trips during each extraordinary session to and from their residences and the State Capitol by the most practical route. Such expense and mileage allowances shall also be paid by the State Treasurer. For each day's service as a member of an interim committee created by or pursuant to a resolution of either or both Houses, such member shall receive the sum of $25.00 per day as an expense allowance and a mileage allowance at the rate of 10c per mile. Such allowances shall be paid by the State Treasurer upon the submission of proper vouchers. No member of the General Assembly shall receive any compensation, salary, per diem, expenses, allowances, mileage or any other remuneration whatsoever for service as a member of the General Assembly other than as provided in this section. Section 2. Code section 47-301, relating to doorkeepers and messengers, is hereby amended by striking the words

Page 546

and who shall receive the same pay as the members of the General Assembly., and inserting in lieu thereof the words and who shall be compensated as provided by each House., so that when so amended section 47-301 shall read as follows: 47-301 . Each House is entitled to a doorkeeper and messenger, to perform such duties as may be required of them, who shall be elected as provided for the election of Clerk of the House of Representatives and Secretary of the Senate, and who shall be compensated as provided by each House. Doorkeepers, etc. Section 3. The maintenance expense allowance received by any official of the State as specifically provided for in section 1 of the 1965 General Appropriations Act, relative to appropriations for the legislative branch of the government, shall be the $25.00 per day expense allowance provided in Code section 47-107 contained in this Act, and any such official shall receive that amount in lieu of any such amount previously authorized or received. Expense allowance. Section 4. This Act shall be applicable to the members of the General Assembly who take office for the 1967-68 term, and shall become effective on the date of the convening of the General Assembly in regular session in January, 1967. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. DEPARTMENT OF PUBLIC SAFETYHONORARY DRIVERS' LICENSES. No. 569 (House Bill No. 247). An Act to amend an Act creating the Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, so as to provide for the issuance

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of honorary drivers' licenses without cost to certain veterans of this State or certain servicemen of this State; to provide for the issuance of honorary drivers' licenses without cost to surviving spouses of certain veterans, servicemen and servicewomen of this State; to provide for extension of the expiration date of certain drivers' licenses issued to citizens of this State who become members of the Armed Forces of the United States; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating The Department of Public Safety for Georgia, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, is hereby amended by adding in section 2 of Article IV, between paragraph (c) and subsection (3) of section 2 of Article IV, which reads as follows: (c) Every person who drives any motor vehicle when in use for the transportation of persons or property for compensation., and the paragraph the first sentence of which reads as follows: Except as hereinafter provided, no license shall be issued at any time to a person whose learner's, operator's or chauffeur's license has been three times revoked for cause., a new subsection to be known as subsection (4) of section 2 of Article IV, to read as follows: (4) Residents of this State who are: (a) Veterans of the Armed Forces of the United States of America, and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-connected, some part of

Page 548

which was within a war period as the term `war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as now or hereafter amended, and who have been separated from such service under honorable conditions, or (b) Veterans of the Spanish-American War who have been separated from such service under honorable conditions, or (c) Veterans of the Armed Forces of the United States of America and who were residents of the State of Georgia at the time of their enlistment or induction with ninety (90) days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety (90) days service for physical disability which shall have been service-connected, some part of which was within a military campaign or operation waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign or operation and who have been separated from such service under honorable conditions, or (d) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time of their enlistment or induction and who shall have been separated from the Armed Forces of the United States for physical disability officially rated at 50 percent or more which shall have been service-connected, and such physical disability having been received in any war or armed conflict in which any branch of the Armed Forces of the United States engaged, whether under United States command or otherwise, and who have been separated from such service under honorable conditions, or (e) Veterans of the Armed Forces of the United States of America, who were residents of the State of Georgia at the time of their enlistment or induction and who shall have been awarded the Armed Forces Expeditionary Medal for service in Vietnam or contiguous waters or air space, pursuant to Executive Order No. 10977, signed by the President of the United States on December 4, 1961, or who had been

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awarded the Vietnam Service Medal for service in Vietnam or contiguous waters or air space, pursuant to Executive Order No. 11231, signed by the President of the United States on July 8, 1965, and who shall have been separated from such service under honorable conditions, or (f) The surviving spouse of a veteran, serviceman or servicewoman, who was a resident of the State of Georgia at the time of his enlistment or induction and who has been awarded posthumously the Armed Forces Expeditionary Medal for service in Vietnam or contiguous waters or air space, or who had been awarded the Vietnam Service Medal for service in Vietnam or contiguous waters or air space, so long as such spouse remains unmarried and a resident of this State, or (g) The surviving spouse of any veteran defined in this subsection, so long as such spouse remains unmarried and a resident of this State. Section 2. Said Act is further amended by adding after section 2 of Article IV a section to be known as section 2A of Article IV to read as follows: Section 2A. The expiration date of all current drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States and the expiration date of all drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enlists or is inducted into the service of the Armed Forces of the United States are hereby extended for the duration of any such service. Provided, that such extended expiration date of any such drivers' license shall terminate ninety (90) days after the discharge from the Armed Forces of the United States of any holder thereof. Section 3. Said Act is further amended by striking section 17 of Article IV in its entirety and inserting in lieu thereof a new section 17 of Article IV to read as follows: Section 17. It is hereby made the duty of The Department of Public Safety and its successors, and the Director

Page 550

of Public Safety of Georgia and his successors in office to cause to be issued to each veteran or surviving spouse of a veteran, serviceman or servicewoman as defined in subsection (4) of section 2 of Article IV, without cost, an honorary drivers' license, the same to be a mark of appreciation on the part of the people of Georgia, which shall be a valid operators or drivers' license as required by this Act until the same shall be suspended or revoked in accordance with the law. Section 4. Said Act is further amended by adding after section 17 of Article IV a new section to be known as section 17A of Article IV, to read as follows: Section 17A. No person shall be entitled to receive an honorary drivers' license pursuant to the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application therefor. Section 5. Said Act is further amended by striking section 18 of Article IV in its entirety and inserting in lieu thereof a new section 18 of Article IV, to read as follows: Section 18. It is hereby made the duty of The Department of Public Safety and its successors, and the Director of Public Safety of Georgia, and his successors in office, to cause to be engraved suitable cards, or forms, conforming as far as practicable to the cards, or forms, heretofore issued registrants for drivers' licenses, but appropriate to serve as permanent, honorary drivers' licenses. Said cards, or forms, to be of such texture and of such material as will serve as permanent drivers' license cards. Form of licenses. Section 6. Said Act is further amended by striking section 19 of Article IV in its entirety and inserting in lieu thereof a new section 19 of Article IV, to read as follows: Section 19. The Director of Public Safety of Georgia shall prescribe by rules and regulations application forms to be used by applicants for honorary drivers' licenses authorized by this Act and shall promulgate procedures to pass upon such applications for honorary drivers' licenses

Page 551

as might be filed under authority contained in this Act and, in making such determinations, the Director shall accept such evidence as is receivable in courts of law in this State under rules of evidence of force. An appeal is hereby authorized on the part of any applicant to The Department of Public Safety to review de novo any application rejected by the Director. The Department of Public Safety, and the Director of Public Safety of Georgia may, in their or his discretion, accept any evidence from The Department of Defense of the United States, the Veterans Administration of the United States and the State Department of Veterans Service in determining eligibility of applicants for honorary drivers' licenses. Rules, etc. Section 7. Said Act is further amended by striking section 20 of Article IV in its entirety and inserting in lieu thereof a new section 20 of Article IV, to read as follows: Section 20. Honorary drivers' licenses issued under authority contained in this amendment shall be subject to suspension and revocation in precisely the same manner, and for the same causes, and the same authority, as other drivers' licenses. Intent. Section 8. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), is hereby amended by striking subsection (4) of section 1 of Article IV, which reads as follows: Veterans of the armed forces of the United States of America of ninety days service, or more, some part of which was within a war period as the term `war period' is defined in Public Law 2 of the 73rd Congress of the United States, as amended, and Public Law 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also all veterans of the Spanish-American War., Repealed. in its entirety. Section 9. Said Act, as amended, particularly by an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 755),

Page 552

and by an Act approved March 13, 1957 (Ga. L. 1957, p. 375), is hereby amended by striking subsection (4) of section 1 of Article IV, which read as follows: (4) Veterans of the Armed Forces of the United States of America, of ninety days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety days service for physical disability which shall have been service-connected, some part of which was within a war period as the term `war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as amended, and Public Law No. 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also veterans of the Spanish-American War, also men and women serving at any time in any military campaign, or operation, waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign, or operation., Repealed. in its entirety. Section 10. Said Act, as amended, particularly by an Act approved January 30, 1945 (Ga. L. 1945, p. 117), is hereby amended by striking section 4(a) of Article V, which reads as follows: Section 4(a). All current operators drivers' licenses now held by or hereafter issued to citizens of this State now serving in the Armed Forces of the United States, and all operators drivers' licenses held by or hereafter issued to citizens of this State current at the time such citizen enters the service of the Armed Forces of the United States are hereby extended for the duration of the present wars. Provided, that such extended license shall terminate 90 days after the discharge from the Armed Forces of any holder thereof prior to the end of the present wars., Repealed. in its entirety. Section 11. Said Act as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1152) is hereby amended

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by striking section 1a. of said amendatory Act which reads as follows: Section 1a. Be it further enacted that no veterans shall be entitled to receive a drivers' license under the provisions of this Act unless he is a bona fide resident of the State of Georgia at the time he makes application for same., Repealed. in its entirety. Section 12. Said Act, as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1152) is hereby amended by striking section 2a. of said amendatory Act which reads as follows: Section 2a. That the surviving widow of a veteran be afforded the same privileges by this Act, so long as she remains unmarried., Repealed. in its entirety. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1966. DEPARTMENT OF PUBLIC SAFETYHONORARY DRIVERS' LICENSES TO MEMBERS OF NATIONAL GUARD. No. 570 (House Bill No. 138). An Act to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, approved March 9, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), an Act approved February 21, 1951 (Ga. L. 1951, p. 755), and an Act approved March 13, 1957 (Ga. L. 1957, p. 375), so as to provide for the issuance of honorary driver licenses to members and former members

Page 554

of the National Guard who have twenty or more years creditable service therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of drivers' licenses, approved March 9, 1937 (Ga. L. 1937, p. 322), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1152), an Act approved February 21, 1951 (Ga. L. 1951, p. 755), and an Act approved March 13, 1957 (Ga. L. 1957, p. 375), is hereby amended by adding at the end of subsection (4) of section 1 of Article IV, immediately before the period therein the following: , and all members or former members of the National Guard and reserve forces who have twenty or more years creditable service therein, so that when so amended subsection (4) of section 1 of Article IV shall read as follows: (4) Veterans of the Armed Forces of the United States of America, of ninety days service, or more, or who shall have been separated from the Armed Forces of the United States prior to the expiration of ninety days service for physical disability which shall have been service-connected, some part of which was within a war period as the term `war period' is defined in Public Law No. 2 of the 73rd Congress of the United States, as amended, and Public Law No. 346 of the 78th Congress of the United States, as amended, and who have been separated from such service under honorable conditions, also veterans of the Spanish-American War, also men and women serving at any time in any military campaign, or operation, waged or prosecuted by authority of the United Nations, provided the Armed Forces of the United States participated in such campaign, or operation, and all members or former members of the National Guard and reserve forces who have twenty or more years creditable service therein.

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Section 2. Said Act is further amended by inserting between the words State and exempted as they appear in section 17 of Article IV the words and such other persons as are, and by striking the word amendment wherever it shall appear therein and substituting in lieu thereof the word Article, so that when so amended Section 17 shall read as follows: Section 17. It is hereby made the duty of the Department of Public Safety for Georgia, or its successors, to cause to be issued to each veteran resident in this State and such other persons as are exempted under section 1 of this Article an honorary drivers' license, the same to be a mark of appreciation on the part of the people of Georgia, which shall entitle the holder thereof to the exemption granted in section 1 of this Article until the same be suspended, or revoked, in accordance with the law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. CRIMESLARCENY OF MOTOR VEHICLES AND PARTS, ETC. Code 26-2603 Amended. No. 572 (House Bill No. 366). An Act to amend Code section 26-2603, relating to the larceny of certain motor vehicles and other vehicles, as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 504), so as to provide for a new definition of motor vehicles covered under the provisions of this Act; to provide that the theft of parts of these vehicles shall also be a crime; to provide penalties; to provide additional penalties for subsequent convictions; to repeal conflicting laws; and for other purposes.

Page 556

Be it enacted by the General Assembly of Georgia: Section 1. Code section 26-2603, relating to the larceny of certain motor vehicles and other vehicles, is hereby amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 26-2603 to read as follows: 26-2603. Motor Vehicle Larceny and Related Offenses. (A) First Offense. (1) Motor Vehicles .The larceny of any motor vehicle as defined by an Act regulating traffic upon the highways, approved January 11, 1954, (Ga. L. 1953, November-December Session, p. 566), shall be a felony. Any person convicted thereof shall, on the first offense, be punished by imprisonment in the penitentiary for not less than three years nor more than seven years. Provided that the jury may recommend that same be punished as for a misdemeanor. (2) Motor Vehicle Parts and Components .The larceny of any motor vehicle part or component shall be a felony unless the part or component has a value of less than one hundred dollars in which case the offense shall constitute a misdemeanor. Any person convicted of larceny of a motor vehicle part or component shall, on the first offense, be punished by imprisonment in the penitentiary for not less than two years nor more than five years, if the value of the part or component is one hundred dollars or more and any person convicted of larceny of a motor vehicle part or component with a value of less than one hundred dollars shall be punished as for a misdemeanor. For the purposes of this subsection where a single act of larceny involves the taking of more than one part or component the total value of all parts or components taken at the time shall be added together in determining whether the one-hundred dollar limitation constituting a felony has occurred. If the total value of all such parts taken at the same time are one hundred dollars or more, then the crime shall be a felony as hereinbefore mentioned. Provided that upon a recommendation of a jury same shall be treated as a misdemeanor and the court upon a plea of guilty shall have the power to punish as for a misdemeanor.

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(B) Subsequent Offenses . Notwithstanding any other provisions of this Chapter, whenever any person shall have been previously convicted of the larceny of any motor vehicle as defined in an Act regulating traffic upon the streets and highways of the State of Georgia, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as amended, or any part or component where the same constitutes a felony as provided in subsection (A) (2) above, such person shall, upon the second conviction for any of such offenses be punished by imprisonment in the penitentiary for not less than five (5) nor more than ten (10) years, and such person shall, upon the third and any subsequent conviction for any of such offenses, be punished by imprisonment in the penitentiary for not less than ten (10) nor more than twenty (20) years. (C) Procedure for Determining Sentence. (1) Indictment . The indictment charging any offense under this section shall contain the same allegations as prior to the adoption of this Act. (2) Method for Establishing Sentence. a. Jury Trials . The jury shall first make a determination as to the [Illegible Text] or innocence of the defendant. Upon such a determination, the foreman of the jury shall so report the same to the judge. In the event such determination is that the defendant is guilty of the offense charged, then the judge shall recall the jury and the solicitor shall present evidence as to the sentence to be imposed. Such evidence shall consist of whether the defendant has been previously convicted of the larceny of any motor vehicle as provided in this Act and, in the event this be the case, whether the current offense is the second, third or subsequent offense of the defendant. In the event the solicitor proves that the defendant has been previously convicted, then the judge shall charge the jury that in setting sentence if this be the defendant's second conviction they shall set a sentence for a determinate number of years, not less than five nor more than ten years. In the event such conviction is the third or any subsequent conviction for the defendant, then the judge shall charge the jury that in setting the sentence the jury shall set

Page 558

the sentence for a determinate number of years not less than ten nor more than twenty years. In the event the solicitor fails to prove that the defendant has been preivously convicted as provided herein then the judge shall charge the jury that, in determining sentence, the sentence shall be for a specific number of years not less than three nor more than seven years, provided that the jury may recommend that the same be punished as for a misdemeanor. The defendant shall have the right to challenge or impeach any evidence that the solicitor may present as provided in this Subsection in the same manner as with other evidence on the principal issue of guilt. b. Non-Jury Trials . Upon the judge making a determination that the defendant is guilty then the solicitor shall present evidence as to any previous convictions for the same type crime as provided in jury trials and the defendant shall have the same right to challenge or impeach such evidence as in jury trials. Upon a determination by the judge that the defendant has been previously convicted in accordance with this Subsection, then he shall impose sentence for a specific number of years in the same manner as provided for with jury trials. For a first offense the sentence shall be not less than three nor more than seven years, for a second offense not less than five nor more than ten years and for a third or subsequent offense nor less than ten nor more than twenty years. Provided, however, that in the case of first offenders, the judge may punish the defendant as for a misdemeanor and in the case of jury trials where the jury recommends the defendant be punished as for a misdemeanor, the judge may ignor or accept such recommendation and, in the event he accepts such recommendation, he shall sentence the defendant accordingly. In the event he rejects such recommendation, he shall set the sentence for a specific term of years, not less than three nor more than seven years. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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CRIMINAL PROCEDUREEFFECT OF OWING, ETC. WAGERING OCCUPATIONAL TAX STAMP. No. 573 (Senate Bill No. 1). An Act to provide for more effective enforcement of the gambling and lottery laws of this State by providing that the holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code, Section 4411, issued by the Internal Revenue authorities of the United States shall be held in all the courts of this State as prima facie evidence of guilt of the person holding such stamp in a prosecution of such person for violation of the gambling or lottery laws of this State; to provide that the holding, owning, having in possession of a stamp or other evidence of paying or paying the tax on coin-operated gaming devices as provided in 26 U. S. Code 4461 for devices defined by 26 U. S. Code Section 4462 (a) (2) shall be prima facie evidence of guilt of such person for violation of the lottery laws of this State; to provide for a report by the Revenue Commissioner of this State to various law enforcement agencies of this State of persons paying the taxes on coin-operated gambling devices as provided in 26 U. S. Code 4461; to provide an effective date; to repeal conflicting laws; to provide severability; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The holding, owning, having in possession of or paying the tax for a wagering occupational tax stamp, as provided in 26 U. S. Code Section 4411, issued by the Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying the tax or holding, owning or possessing such stamp in any prosecution of such person for violation of the gambling or lottery laws of this State, as the same appear in section 26-6401 through 26-6409, (inclusive) Georgia Code of 1933, and an Act relating to the gambling on athletic contests, approved

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March 27, 1947 (Ga. L. 1947, p. 1139), and the lottery laws of this State as the same appear in section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged violations of such laws occurring after July 1, 1966. Section 2. The payment of tax on coin-operated gaming devices, as provided in 26 U. S. Code Section 4461 for devices defined by 26 U. S. Code Section 4462 (a) (2), or the holding, owning or possessing of any stamp, receipt or other evidence of the payment of such tax issued by Internal Revenue authorities of the United States after July 1, 1966, shall be held in all courts of this State as prima facie evidence of guilt of the person paying such tax or holding, owning or possessing such stamp or other evidence of payment of such tax in any prosecution of such person for violation of the lottery laws of this State as the same appear in section 26-6501 through 26-6503, (inclusive) of the Georgia Code of 1933. This section shall apply only with respect to alleged violations of such laws occurring after July 1, 1966. Section 3. The Commissioner of Revenue for the State of Georgia shall annually, not later than August 15th of each year, ascertain what person or persons have been issued, or hold, own, possess, or are paying the taxes on a coin-operated gambling device or devices, as provided in 26 U. S. Code 4461, issued by the Internal Revenue authorities of the United States, and said Commissioner of Revenue shall report this fact or facts in writing to all law enforcement agencies seated in the county of the residence of such person holding, owning, having in possession of, or paying the aforesaid taxes. Section 4. The provisions of this Act shall become effective on July 1, 1966. Effective date. Section 5. If any clause, sentence, section or other part of this Act shall be held unconstitutional, or invalid, the same shall not have the effect of invalidating any other part thereof. Severability.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. ELECTION OF STATE SENATORS. Code 47-102 Amended. No. 574 (Senate Bill No. 86). An Act to amend Code section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 7), so as to remove the provision requiring Senators in those Senatorial Districts consisting of less than one county to be elected by all the voters of the county in which such Senatorial District is located; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 47-102, relating to State Senatorial Districts, as amended, particularly by an Act approved October 5, 1962 (Ga. L. 1962, Sept.-Oct. Ex. Sess., p. 7), is hereby amended by striking the following: Each Senator must be a resident of his own Senatorial District and shall be elected by the voters of his own District, except that the Senators from those Senatorial Districts consisting of less than one county shall be elected by all the voters' of the county in which such Senatorial District is located., and inserting in lieu thereof the following: Each Senator must be a resident of his own Senatorial District and shall be elected by the voters of his own District. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 575 (Senate Bill No. 66). An Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to provide for payment of employer and employee contributions in order to obtain credit for out-of-State teaching service by future members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. L. 1943, p. 640), as amended, is hereby amended by adding at the end of subsection (5-A) of section 4 the following: Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the system on or after April 1, 1966, to receive any credit for out-of-State teaching service as provided for herein such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid, plus interest. The Board of Trustees shall determine this amount. Credit for out-of-State service. Section 2. This Act shall become effective April 1, 1966. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1966. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 576 (Senate Bill No. 98). 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

Page 563

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 upon service retirement a certain member of the teachers' retirement system shall receive an allowance which shall consist of an annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement and an annual pension which shall provide a total allowance equal to one and three-fourths percent of his average compensation over the five consecutive years of certain creditable service producing the highest such average, multiplied by the number of his years of creditable service; to provide that any member of the teachers' retirement system who has forty years or more of creditable service may, at the end of any school year, cease to make contributions to the teachers' retirement system and to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled 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 adding at the end of section 5 (2) (b) the following: Provided, however, that in the event any member of the system elects to cease making contributions to the teachers' retirement system upon completing forty (40) or more years of creditable service, the annual pension provided

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in this subsection shall provide a total allowance equal to 1[frac34]% of his average compensation over the five (5) consecutive years of creditable service during which such member was making contributions to the system producing the highest such average, multiplied by the number of his years of creditable service while making such contributions. Retirement benefits. Section 2. Said Act is further amended by adding a new paragraph at the end of subsection (1) of section (8) to be known as paragraph (f), to read as follows: (f) Notwithstanding any other provisions of this subsection, at the close of any school year, fiscal or contract year, in which a member has completed forty (40) or more years of creditable service, such member may elect in writing to cease making contributions to the system. In the event such election is made, such teacher shall notify his employer and the Board of Trustees, in such manner as the Board of Trustees shall prescribe. After giving the required notice, the employer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, contributions to the teachers' retirement system from the salary or compensation of such member. Contributions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. TEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 577 (Senate Bill No. 135). 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 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 in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966 to receive full creditable service for services rendered in a local system prior to membership in the teachers' retirement system as provided for herein, such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid plus interest as determined by the Board of Trustees; to delete the provisions for teachers becoming members of and continuing as members of the teachers' retirement system of Georgia who are employed by an employer operating a local retirement fund; 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, is hereby amended by adding at the end of subsection 5 of section 4 the following: Any other provision of this or any other law to the contrary notwithstanding, in order for any teacher who becomes a member of the teachers' retirement system on or after April 1, 1966, to receive full creditable service for service rendered in a local system prior to membership in the teachers' retirement system as provided for herein, such teacher must pay, in addition to the amounts provided for herein, the employer amount which would have been paid,

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plus interest. The Board of Trustees shall determine this amount. Provided, however, in no case shall a member pay more than the total member and employer contributions and interest in effect at the time such service was rendered. Section 2. Said Act is further amended by striking paragraph (8) of section 9, which reads as follows: (8) Any teacher who, at the time this paragraph becomes law, is employed by an employer operating a local retirement fund and any teacher who is employed by such an employer subsequent to the time this paragraph becomes law, may elect to become a contributing member of the teachers' retirement system of Georgia only, however, if such employer authorizes the teacher so employed to become such a member. If such a teacher does so elect and becomes a contributing member, the credits which he has accumulated prior to the date he becomes such member shall be credited to his account with the teachers' retirement system of Georgia as a contributing member. Any teacher who is a contributing member of the teachers' retirement system of Georgia and who is employed by an employer operating a local retirement fund subsequent to the time this paragraph becomes law may elect to continue as a contributing member of the teachers' retirement system of Georgia upon authorization of such employer. No employer who operates a local retirement fund shall make the authorization specified in this paragraph if the authorization conflicts with the statutes setting up such local retirement system. Once a teacher has elected to become and becomes a contributing member of the teachers' retirement system of Georgia or continues as a contributing member of the teachers' retirement system of Georgia under the provisions of this paragraph, he shall not then be allowed to return to membership in the local retirement fund. Any teacher who becomes a contributing member or continues as a contributing member of the teachers' retirement system of Georgia, as provided in this paragraph, shall be subject to the provisions of this Act, as amended, as are other teachers who are contributing members of the teachers' retirement system of Georgia and

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the employer of any such teacher shall be subject to the provisions of this Act, as amended, as are other employers., Repealed. in its entirety. Section 3. This Act shall become effective immediately upon its approval by the Governor or its otherwise becoming a law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. CRIMINAL PROCEDURESEARCHES AND SEIZURES. Code Chapter 27-3 Repealed. No. 578 (Senate Bill No. 38). An Act to provide procedures for searches and seizures and for suppression of evidence illegally seized; to provide the procedure connected therewith; to repeal Chapter 27-3 of the Code of Georgia relating to search warrants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Search without Warrant . When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of: (a) Protecting the officer from attack; or (b) Preventing the person from escaping; or (c) Discovering or seizing the fruits of the crime for which the person has been arrested; or (d) Discovering or seizing any instruments, articles, or things which are being used, or which may have been used,

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in the commission of the crime for which the person has been arrested; provided, however, when the peace officer is in the process of effecting a lawful search, nothing in this Section shall be construed as precluding him from discovering or seizing any stolen or embezzled property, any item, substance, object, thing or matter the possession of which is unlawful, or any item, substance, object, thing or matter other than the private papers of any person which is tangible evidence of the commission of a crime against the laws of the State of Georgia. Section 2. Inventory of Things Seized . An inventory of all instruments, articles or things seized on a search without a warrant shall be given to the person arrested and a copy thereof delivered to the judicial officer before whom the person arrested is taken. If the person arrested is released without a charge being preferred against him all instruments, articles or things seized, other than contraband or stolen property, shall be returned to him upon release. Section 3. Grounds for Search Warrant . Upon the written complaint of any officer of the State or its political subdivisions charged with the duty of enforcing the criminal laws under oath or affirmation which states facts sufficient to show probable cause that a crime is being committed, or has been committed, and which particularly describes the place or person, or both, to be searched and things to be seized, any judicial officer authorized to hold a court of inquiry to examine into an arrest of an offender against the penal laws, herein referred to as judicial officer, may issue a search warrant for the seizure of the following: (a) Any instruments, articles or things, including the private papers of any person, which are designed or intended for use, or which have been used in the commission of the offense in connection with which the warrant is issued. (b) Any person who has been kidnapped in violation of the laws of this State, or who has been kidnapped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.

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(c) Stolen or embezzled property. (d) Any item, substance, object, thing or matter the possession of which is unlawful. (e) Any item, substance, object, thing or matter, other than the private papers of any person, which are tangible evidence of the commission of the crime for which probable cause is shown; provided, however, when the peace officer is in the process of effecting a lawful search, nothing in this section shall be construed as precluding him from discovering or seizing any stolen or embezzled property, any item, substance, object, thing or matter the possession of which is unlawful, or any item, substance, object, thing or matter other than the private papers of any person which is tangible evidence of the commission of a crime against the laws of the State of Georgia. Section 4. Issuance of Search Warrant . All warrants shall state the time and date of issuance and be the warrants of the judicial officer issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. The complaint on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned not executed, Provided, however, said judicial officer shall keep a docket record of all warrants issued by him and upon issuing any warrant he shall immediately record same, within a reasonably time, on said docket. Section 5. Persons authorized to Execute Search Warrants . The warrant shall be issued in duplicate and shall be directed for execution to all peace officers of the State. However, the judicial officer may direct the warrant to be executed by any peace officer named specially therein. Section 6. Execution of Search Warrants . The warrant shall be executed within 10 days from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or

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things are seized, or if no person is available, the copy shall be left in a conspicuous place on the premises from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judicial officer issuing the same as not executed. Section 7. Command of Search Warrant . The warrant shall command the person directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles or things particularly described in the warrant. Section 8. Use of Force in Execution of Search Warrant . All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant, if after verbal notice, or an attempt in good faith to give verbal notice, by the officer directed to execute the same of his authority and purpose, (a) he is refused admittance or (b) the person or persons within said building or property or part thereof refused to acknowledge and answer said verbal notice, and the presence of such person or persons therein is unknown to such officer or (c) the building or property or part thereof is not then occupied by any person. Section 9. Detention and Search of Persons on Premises . In the execution of the warrant the person executing the same may reasonably detain or search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant. Section 10. Return to Court of Things Seized . A written return of all instruments, articles or things seized shall be made without unnecessary delay before the judicial officer named in the warrant or before any court of competent jurisdiction. An inventory of any instruments,

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articles or things seized shall be filed with the return and signed under oath by the officer or person executing the warrant. The judicial officer or court shall upon request deliver a copy of the inventory to the persons from whom or from whose premises the instruments, articles or things were taken and to the applicant for the warrant. Section 11. When Warrant may be Executed . The warrant may be executed at any reasonable time. Section 12. No Warrant Quashed for Technicality . No warrant shall be quashed nor evidence suppressed because of technical irregularity not affecting the substantial rights of the accused. Section 13. Motor to Suppress Evidence Illegally Seized . (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property the possession of which is not otherwise unlawful and to suppress as evidence anything so obtained on the grounds that: (1) The search and seizure without a warrant was illegal; or (2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed. (b) The motion shall be in writing and state facts showing wherein the search and seizure were unlawful. The judge shall receive evidence out of the presence of the jury on any issue of fact necessary to determine the motion, and the burden of proving that the search and seizure were lawful shall be on the State. If the motion is granted the property shall be restored, unless otherwise subject to lawful detention, and it shall not be admissible in evidence against the movant in any trial. (c) The motion shall be made only before a court with jurisdiction to try the offense. If a criminal accusation is filed, or if an indictment or special presentment is returned

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by a grand jury, the motion shall be made only before the court in which said accusation, indictment or special presentment is filed and pending. Section 14. Application for Search Warrant . A search warrant may be issued only upon the application of an officer of the State or its political subdivisions charged with the duty of enforcing the criminal laws. It shall not be issued upon the application of a private citizen or for his aid in the enforcement of personal, civil or property rights. Section 15. Specific Repeal . Chapter 27-3 of the Code of Georgia and section 27-301 of said Code, relating to execution of search warrants; section 27-302 thereof, relating to restoration of goods to owners; section 27-303 thereof, relating to forcible taking of goods as probable cause for a search warrant; and Section 27-304 thereof, relating to binding over a person in whose possession stolen goods are found, are hereby repealed. Section 16. 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 17. General Repeal . All other laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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GENERAL ASSEMBLYBILLS RELATIVE TO RETIREMENT, PENSION OR EMERITUS SYSTEMS. No. 579 (Senate Bill No. 68). An Act to provide that any bill relative to any retirement, pension or emeritus system or any other similar system, must be introduced in the General Assembly during the first ten (10) days of any session thereof; to provide for fiscal notes; 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. Any bill relative to any retirement, pension or emeritus system or any other similar system by whatever name called, whether such system provides for membership therein for State, county, municipal or any other political subdivision officials or employees or any other persons, must be introduced in the General Assembly during the first ten (10) days of any session thereof. Any such bill introduced after the 10th day of such session shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate, and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. Section 2. The chairman of the committee to which any such bill is referred shall request the State Budget Officer and the State Auditor to furnish a fiscal note as to the fiscal effect of such bill. The chairman shall make such request not later than the day after such bill is referred to his committee and the request shall be complied with

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by the State Budget Officer and the State Auditor not more than five (5) days after the receipt of such request. The fiscal note shall contain an estimate as to the cost involved, the number of persons affected, and an opinion relative to the actuarial effect of such bill. The State Budget Officer and the State Auditor shall jointly prepare such note and if there is a difference of opinion between such officials, it shall be noted in the fiscal note. The State Budget Officer and the State Auditor are hereby authorized to consult with members of the governing boards or bodies and other bodies of any such system and the administrative staff personnel of any such system. All such members and personnel shall furnish all information required of them by the State Budget Officer and the State Auditor and shall cooperate in every way possible with the State Budget Officer and the State Auditor. In the event the State Budget Officer and the State Auditor concur that the fiscal note on any such bill cannot be prepared within the five day limitation, they shall so inform the chairman in writing and shall be allowed to submit said note not later than ten (10) days after the request for it is made. No such bill shall be reported out of the committee until at least two days after the receipt of the fiscal note by the chairman. Section 3. This Act shall become effective January 1, 1967. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. CHARGES AND INTEREST ON SECONDARY SECURITY DEEDS, ETC. No. 580 (House Bill No. 85). An Act to regulate charges and interest on loans secured by secondary security deeds on certain residential property subject to a prior lien or security deed; to provide for

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certain definitions; to provide for certain insurance and the charges associated therewith in connection with such loans; to provide for the forfeiture of the principal amount of the loan plus interest and other charges under certain circumstances; to provide for complete and itemized closing statements; to provide for the construction of this Act; to provide for penalties; to provide for 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. No person, copartnership, association, trust, corporation or any other legal entity shall directly or indirectly charge, take or receive for a loan secured in whole or in part by secondary security deeds other than a first mortgage, on residential real estate improved by the construction thereon of housing consisting of four or less family dwelling units, executed by an individual or individuals, a rate of charge, as herein defined, excluding interest at the rate of six per cent (6%) per annum, as computed under the provisions of Code section 57-116, as amended, whether payable directly to the lender or to a third party in connection with such loan, which in the aggregate is greater than ten per cent (10%) of the principal indebtedness. Provided that where the stated principal sum of the indebtedness is one thousand five hundred dollars ($1,500.00) or less, the rate of charge may exceed said ten per cent (10%) but shall not be greater than one hundred fifty dollars ($150.00). Provided further that the said rates of charge shall not be made more often than once each thirty-six months by a renewal or additional loan. The borrower shall have the right to anticipate payment of his debt in whole or in part at any time and shall receive a rebate for any unearned interest, which rebate shall be computed in accordance with the Standard Rule of 78. The aggregate of the amount or value actually received at the time of the loan, plus the sum of all existing indebtedness of the borrower paid on his behalf by the lender, shall be deemed the principal amount of the loan. Charges.

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Section 2. (a) The word charge, as used in this Act, shall include any and every type of charge for compensation, consideration or expense, or for any other purpose whatsoever, including by whatsoever name called, but not by way of limitation, title searches, title reports, title opinions, title guarantees, credit reports, investigation costs, preparation of instruments, placement or discount fees, brokerage fees, recordings, appraisals, insurance of any nature except as provided in subsection (b) below, and closing costs, but not including interest at the rate of six per cent (6%) per annum. Charge defined. (b) Evidence of hazard insurance may be required by the lender of the borrower and the premium shall not be considered as a charge. Decreasing term life insurance, in an amount not exceeding the amount of the loan and for a period not exceeding the term of the loan, and accident and health insurance in an amount sufficient to make the monthly payments due on said loan in the event of disability of the borrower and for a period not exceeding the life of said loan may also be required by the lender of the borrower and the premium therefor, if included in the loan, may bear interest, and may be included in computing the rate of charge, but shall not exceed the standard rate approved by the Insurance Commissioner for such insurance. Proof of all insurance issued in connection with loans subject to this Act shall be furnished to the borrower within ten days from the date of application therefor by said borrower, by a certificate from the carrier. A delinquent or late charge not exceeding 5% of the monthly payment, may be charged on any installment made 15 or more days after the regularly scheduled due date, said charge to be made only once on any installment during the term of the loan. Insurance. (c) No charge for or application fee may be allowed whether or not the loan is consummated, provided however that the borrower may be required to reimburse the lender for actual expenses incurred after acceptance and approval of a loan proposal made in accordance with the provisions of this Act which is not consummated because of: (1) The borrower's willful failure to close said loan; or Application fees.

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(2) The borrower's false or fraudulent representation of a material fact which prevents closing of the loan as proposed. (d) Nothing in this Act shall be construed as authorizing or making lawful the charging of interest on any loan secured by a secondary security deed on real estate at any greater rate than six per cent (6%) per annum computed in accordance with the provisions of Code section 57-116, relating to interest on loans to be repaid in monthly, quarterly, or yearly installments, as amended. Section 3. (a) If any loan secured by a secondary security deed on real estate is made in violation of the provisions of this Act, except as a result of a bona fide error, the lender shall forfeit the entire principal amount of the loan plus interest and other charges. In addition thereto, the lender shall also refund any payments on the loan which have been made by the borrower. Penalty. (b) Any agreement whereby the borrower waives the benefits of this Act or releases any rights he may have acquired by virtue thereof shall be deemed to be against public policy and void. Section 4. Any person, copartnership, association, trust, corporation or any other legal entity making on its own behalf, or as agent, broker, or in other representative capacity on behalf of any other person, copartnership, association, trust, corporation, or any other legal entity, a loan or real property financing transaction secured by a secondary security deed on real estate within the regulatory authority of this Act, whether lawfully or unlawfully, at the time of the closing shall furnish the debtor or borrower or grantor in the security deed mortgage, deed of trust or any other security instrument, a complete and itemized closing statement which shall show in detail all costs which are defined as a charge in section 2, subsection (a) of this Act, together with any interest charges, and the disposition of the principal of the loan or security transaction, and the said detailed closing statement shall be signed by the lending agency or a representative of the lending agency,

Page 578

or a responsible officer, in its behalf, and a completed and signed additional copy retained in the files of the lending agency involved and available at all reasonable times to the borrower, the borrower's successor in interest to the security real property, or the authorized agent of the borrower or the borrower's successor, until such time as the security instrument shall be satisfied in full. Closing statement. Section 5. Nothing contained in this Act shall be construed so as to amend, modify, supersede or repeal an Act approved March 4, 1955 (Ga. L. 1955, p. 431), as now or hereafter amended. 1955 Act. Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966. SUSPENSION OF CERTAIN INCOME TAXES RATIFIED. No. 179 (House Resolution No. 128-247). A Resolution. To ratify, approve and confirm the Executive Order of the Governor, dated May 31, 1965, suspending the collection of certain income tax for persons serving in Viet Name; to repeal conflicting laws; and for other purposes. Section 1. The Executive Order of the Governor, dated May 31, 1965, which reads as follows: Be it resolved by the Generan Assembly of Georgia:

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Whereas: The President of the United States has designated Viet Nam as a combat zone including the adjacent waters extending from the coast of North and South Viet Nam 100 miles; and Whereas: Residents of the State of Georgia are presently serving their country in said combat zone at great personal sacrifice; and Whereas: 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, but no longer; it is therefore Ordered: That the compensation of all persons for serving in the Armed Forces of the United States in said combat zone as enlisted personnel shall not be subject to Georgia income taxes, and the compensation received for such services shall not constitute `gross income'; and it is further Ordered: That the compensation of all persons for serving in the Armed Forces of the United States in said combat zone as officer personnel shall not be subject to Georgia Income Taxes to the extent of $200.00 per month and said compensation received for such services shall not constitute `gross income'. This suspension shall be effective for all tax periods ending after January 1, 1965, and shall continue in effect until the next meeting of the General Assembly. This 31st day of May, 1965. /s/ Carl E. Sanders Governor. is hereby ratified, approved and confirmed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1966.

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LAND CONVEYANCE TO CITY OF DOUGLAS. No. 180 (House Resolution No. 78-132). A Resolution. Authorizing the conveyance of certain tracts of state-owned property to the City of Douglas; and for other purposes. Whereas, the State Highway Department acquired through the City of Douglas a right-of-way for the purpose of constructing State Highway No. 32 through said city; and Whereas, the right-of-way for said highway extends for a distance of 30 feet from the centerline of said highway, except for a portion of the right-of-way in the vicinity of the intersection of Shirley Avenue, at which point the State Highway Department acquired a right-of-way extending 50 feet from the centerline of said highway; and Whereas, that portion of the right-of-way at or near the intersection of Shirley Avenue was not employed by the State Highway Department for road purposes and is of no use to the State of Georgia and is, therefore, surplus property; and Whereas, the legal description of said portion of land representing the excess right-of-way for said highway is more particularly described hereinafter. 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 the City of Douglas the following described tracts of land: All that tract or parcel of land lying and being within the city limits of the City of Douglas, Coffee County, Georgia, and being more particularly described as follows: Beginning at the northwest corner of the intersection of Ward Street (Georgia State Highway No. 32) and

Page 581

Westside Drive; thence in an eastern direction along the north boundary line of Ward Street (Georgia State Highway No. 32) 570 feet, more or less, to the west boundary line of Chester Avenue; thence in a southern direction 20 feet to a point directly opposite the northwest corner of the intersection of Ward Street (Georgia State Highway No. 32) and Chester Avenue; thence in a western direction along a line parallel with the north boundary line of Ward Street (Georgia State Highway No. 32) 570 feet, more or less, to a point directly opposite the beginning point; thence in a northerly direction 20 feet to point of beginning. All that tract or parcel of land lying and being within the city limits of the City of Douglas, Coffee County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of the intersection of Ward Street (Georgia State Highway No. 32) and Shirley Avenue; thence in an eastern direction along the south boundary line of Ward Street (Georgia State Highway No. 32) 280 feet, more or less, to the west boundary line of Chester Avenue (the point where the west boundary line of Chester Avenue, if extended, would intersect the south boundary line of Ward Street (Georgia State Highway No. 32), thence in a north direction 20 feet to a point directly opposite the northwest corner of the intersection of Ward Street (Georgia State Highway No. 32) and Chester Avenue; thence in a western direction along a line parallel with the south boundary line of Ward Street (Georgia State Highway No. 32) 580 feet, more or less, to a point directly opposite the northwest corner of the intersection of Ward Street (Georgia State Highway No. 32) and Westside Drive; thence in a southern direction 20 feet to the south boundary line of Ward Street (Georgia State Highway No. 32); thence in an eastern direction along the south boundary line of Ward Street (Georgia State Highway No. 32) 300 feet, more or less, to point of beginning.

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Consideration for said transfer shall be $10.00 and the moral obligation of the State of Georgia. Approved March 16, 1966. EQUAL PAY FOR EQUAL WORK ACT. No. 581 (House Bill No. 657). An Act to provide for equal pay for both males and females for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility; to provide for a declaration of policy; to define certain terms; to prohibit discrimination; to provide for the collection of unpaid wages and other relief; to provide for a statute of limitations; to provide for arbitration; to provide for the posting of this Act; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Declaration of Policy . The General Assembly of Georgia hereby declares that the practice of discriminating on the basis of sex by paying wages to employees of one sex at a lesser rate than the rate paid to employees of the opposite sex for comparable work on jobs which require the same, or essentially the same knowledge, skill, effort and responsibility unjustly discriminates against the person receiving the lesser rate; leads to low worker morale, high turnover and frequent labor unrest; discourages workers paid at the lesser wage rates from training for higher level jobs; curtails employment opportunities; decreases mobility of workers and increases labor costs; impairs purchasing power and threatens the maintenance of an adequate standard of living by such workers and their families; prevents optimum utilization of the labor resources available to the State; threatens the well-being of citizens of this State and adversely affects the general welfare. It is hereby declared to be the policy of the State of Georgia through

Page 583

the exercise of the police power of this State to correct and, as rapidly as possible, to eliminate discriminatory wage practices based on sex. Section 2. Definitions . As used in this Act, unless the context or subject matter clearly requires otherwise, the following terms shall have the following meaning: (a) Employee means any individual employed by an employer, other than domestic or agricultural employees, including individuals employed by the State or any of its political subdivisions including public bodies. (b) Employer includes any person employing 10 or more employees and acting directly or indirectly in the interest of an employer in relation to an employee. (c) Wage rate means all compensation for employment, including payment in kind and amounts paid by employers for employee benefits. (d) Employ includes to suffer or permit to work. (e) Occupation includes any industry, trade, business or branch thereof, or any employment or class of employment. (f) Person includes one or more individuals, partnerships, corporations, legal representatives, trustees, trustees in bankruptcy, or voluntary associations. Section 3. Prohibition of Discrimination . (a) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii)

Page 584

a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. (b) It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of the provisions of this Act. Section 4. Collection of Unpaid Wages . Any employer who violates the provisions of section 3 of this Act shall be liable to the employee affected in the amount of their unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee. The court in such action shall, in cases of violation in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee not to exceed 25% of the judgment to be paid by the defendant, and costs of the action. Section 5. Statute of Limitations . Court action under this Act may be commenced no later than one year after the cause of action occurs. Section 6. Arbitration .In the event any dispute should arise between any employer and employee covered by the provisions of this Act in relation to any subject matter which is covered by the provisions of this Act, either of the parties shall have the right to request arbitration of the dispute. The party requesting arbitration shall file written notice of his request with the opposite party, either by registered or certified mail. Within thirty (30) days after receipt of such notice, the opposite party shall either accept or reject the arbitration offer. If the offer is accepted, the employer shall appoint and select one arbiter and the employee shall select and appoint one arbiter within ten (10) days after such acceptance. The arbiters so selected shall then select a county adjoining the county in which the business of the employer is located and in which the dispute

Page 585

arose, and the judge of the superior court or the senior judge thereof in terms of length of service on the bench of the judicial circuit in which such selected county shall be located shall appoint a third arbiter who shall act as the chairman of the arbitration committee. The arbitration committtee shall meet at such time as shall be fixed by the chairman, and, after the giving of notice of the hearing thereof to the parties concerned and affording them an opportunity to appear and be heard on the matters in dispute, shall proceed to resolve all matters contained within the request for arbitration. The decision of the arbitration committee shall be binding upon the parties affected, except that either party may appeal such decision to any court of competent jurisdiction within thirty (30) days from publication of the decision. Section 7. Posting of Law . Every person subject to this Act shall keep an abstract or copy of this Act posted in a conspicuous place in or about the premises wherein any employee is employed. Employers shall be furnished copies or abstracts of this Act, by the State upon request without charge. Section 8. Penalties . It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by the provisions of this Act because such employee has made a complaint to his employer, or any other person, or has instituted, or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings. Upon the conviction of any person for violating the provisions of this Section, he shall be punished by a fine of not more than one hundred dollars. Section 9 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966.

Page 586

CODE REVISION COUNCIL. No. 582 (House Bill No. 17). An Act to amend an Act approved March 10, 1959 (Ga. L. 1959, p. 152) as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), relating to the Legislative Services Committee, to establish as an adjunct thereof a Code Revision Council and provide for its membership, the participation of the Legislative Counsel and Legislative Counsel's staff, compensation and reimbursement of expenses, appointment of advisory groups; 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 approved March 10, 1959 (Ga. L. 1959, p. 152), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 230), relating to the Legislative Services Committee is hereby further amended to add the following section to be numbered as section 8; section 8 and the subsequent sections of said Act are hereby renumbered appropriately to accommodate this new section 8. Section 8. In aid of the Legislative Services Committee and its responsibility to provide for the codification of the laws of this State, as provided in Section 2, there is hereby created an adjunct of said Legislative Services Committee to be known as the Code Revision Council. Its membership shall be the Chairman of the Judiciary Committee of the Senate, the Chairman of the Judiciary Committee of the House (both as members of the Legislative Services Committee), one additional Senate member of the Legislative Services Committee, preferably a lawyer, appointed by the President of the Senate, and one additional House member of the Legislative Services Committee, preferably a lawyer, appointed by the Speaker of the House, making a total of four members of the Legislative Services Committee on the Code Revision Council. In addition, the deans of the law schools at the University of Georgia, Mercer University and Emory University shall be members of the Code Revision

Page 587

Council, so that the total membership of the Code Revision Council shall be seven persons. In each even-numbered year the Chairman of the Judiciary Committee of the Senate shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the House shall serve as Vice-Chairman of the Council, and in odd-numbered years the Chairman of the Judiciary Committee of the House shall serve as Chairman of the Council, and the Chairman of the Judiciary Committee of the Senate shall serve as Vice-Chairman of the Council. The Legislative Counsel shall serve as the Secretary of the Council. The legislator-members of the Council shall receive no additional compensation, per diem, expenses or allowances for service on the Council during sessions of the General Assembly, but for each day spent in the performance of their duties hereunder between sessions such legislator-members, and the other members of the Council as well shall receive the compensation, per diem, expenses and allowances authorized for interim legislative committees, upon certification thereof by the Chairman of the Legislative Services Committee to the State Treasurer. The Code Revision Council shall continuously review the state of the common, statutory and codified laws of this State, and shall, from time to time, recommend to the Legislative Services Committee code revision projects to be undertaken by the Legislative Counsel and his staff. A code revision project is a project involving the compilation, consolidation, revision or codification of existing common, statutory and codified laws within the existing, or an expanded, structure of the 1933 Code. The recommendations of the Council shall be only advisory to the Legislative Services Committee. When the Legislative Services Committee has approved a code revision project recommended by the Code Revision Council, the Code Revision Council shall serve in an advisory capacity to the Legislative Counsel under whose direction the project shall be completed by the legal, technical and clerical personnel attached to the Office of Legislative Counsel. The Code Revision Council may recommend to the Legislative Services Committee the appointment of technical advisory groups to aid in the completion of code revision projects when expertise is necessary, and, with the approval of the Legislative Services Committee,

Page 588

the Legislative Counsel may include such technical advisory groups as technical personnel on his staff. When a code revision project recommended by the Code Revision Council has been completed, it shall be referred by the Legislative Counsel to the Code Revision Council for its recommendation to the Legislative Services Committee. The Legislative Counsel shall render to the Code Revision Council periodic reports on the status of code revision projects. The Code Revision Council shall annually report on its work to the Legislative Services Committee. All consolidation, revision or codification completed hereunder shall be subject to adoption by the General Assembly and approval of the Governor. Section 2. Section 8 of the Act approved March 10, 1959 (Ga. L. 1959, p. 152), as originally enacted (Section 9 when renumbered under this Act) relating to the funds necessary to carry out the provisions of the Act, shall be fully applicable to the Act as hereby amended. Section 3. This Act shall become effective April 1, 1967. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. MOVING EXPENSES OF PERSONS, ETC. DISPLACED BY FEDERAL-AID HIGHWAY PROJECTS. No. 583 (House Bill No. 105). An Act to authorize the State Highway Department of Georgia to pay moving expenses for eligible persons or organizations displaced from their places of residence or business as a result of Federal-aid Highway Projects; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any provisions of the law to the contrary notwithstanding, the Director of State Highway Department

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of Georgia is hereby authorized and empowered to and may provide financial assistance to any individual, family, business concern, or non-profit organization displaced by State Highway Projects, the rights-of-way costs of which are financed in whole or in part from Federal Funds allocated to State Highway Department of Georgia. Section 2. The relocation assistance to be made available is for the purpose of compensating eligible persons for their reasonable and necessary moving expenses caused by their displacement from real property acquired for such projects and such assistance shall in no case exceed the limits as specified under the Federal Aid Highway Act of the United State Congress, Title 23 U. S. Code, Section 133, as the same is now or may hereafter be amended. Limits. Section 3. The Director of State Highway Department of Georgia is hereby empowered to make such rules and regulations as may be necessary form time to time to provide for the administration of such financial assistance. Rules. Section 4. The determination by Director of State Highway Department of the amount of the financial assistance to be made available under the provisions of this Act shall bar any further subsequent payment of such assistance. The determination of the Director of State Highway Department of the amount of the financial assistance and to whom it shall be paid shall be final and not subject to further appeal; provided, however, nothing herein shall be construed to restrict the compensation payable to utilities for the relocation of their facilities. Intent. Section 5. All laws and parts of laws in conflict with the provisions of this Act be and the same hereby are expressly repealed. Section 6. This Act shall not become effective until sixty (60) days after its approval by the Governor. Effective date. Approved March 18, 1966.

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BANKING LAW OF GEORGIA AMENDED. Code Title 13 Amended. No. 584 (House Bill No. 301). An Act to amend Code Title 13, known as the Banking Law of Georgia, as amended, so as to provide for the establishment and operation of banking facilities as an expansion or extension of existing facilities; to provide for definitions; to provide the manner in which a bank may issue preferred stock; to provide for the conversion of preferred stock, capital notes and debentures to common stock; to provide that a bank may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees; to provide that the Superintendent of Banks in examining amendments to bank charters shall consider all facts and circumstances relating to the proposed amendment as in the judgment of said Superintendent shall be relevant and in the public interest, necessary and desirable; to provide that the Superintendent of Banks in examining amendments to bank charters is authorized to exercise his judgment in consideration of such amendments but shall not approve any application for an amendment until he has ascertained that all the requirements of law have been fulfilled; to provide that when the capital stock of any bank shall be increased, the additional stock may be issued without first being offered to stockholders of record pro rata, with the prior approval of the Superintendent of Banks and the holders of two-thirds (2/3) of the issued and outstanding stock vote their approval of waiving the preemptive rights of stockholders; to provide that a bank, at any special meeting, may by majority vote of all the stockholders of such bank fix or change by resolution the number of directors within the limitation authorized by law; to provide that any bank having not less than three nor more than twenty-three (23) directors may, with the approval of the Superintendent of Banks and upon a vote of the majority of the Board of Directors, increase the Board of Directors between meetings of stockholders by the addition of not more than two (2)

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directors; to provide that the limitations of loans by banks shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within ninety (90) days after demand; to provide that any bank may purchase and own personal property for the purpose of leasing on the request of any prospective lessee thereof received before such property is purchased by the bank; to provide that liabilities incurred for the purpose of maintaining the reserves required by section 13-2027 of said Code Title or by the Federal Reserve Act, liabilities to a Federal Reserve Bank for borrowed monies, liabilities incurred pursuant to the sale of investment securities under an agreement to repurchase at the end of a stated period shall not be included in the restrictions of indebtedness of any bank; to provide that any bank may prescribe, from time to time, take, levy, receive, reserve or charge any dormant account a reasonable service charge; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Legislative Intent . It is the legislative intent that this Act be an amendment to and become a part of Code Title 13 known as the Banking Law of Georgia, as the same has from time to time been amended and modified. Section 2. Code Title 13, known as the Banking Law of Georgia, as amended, is hereby amended by adding between Code section 13-203.1 and Code section 13-204 of Code Chapter 13-2 a new code section, to be known as section 13-203.2, relating to the establishment and operation of facilities as an expansion or extension of existing facilities, to read as follows:

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13-203.2 Expansion or extension of the existing facilities .(a) A parent bank or branch bank or bank office may, upon obtaining prior approval of the Superintendent of Banks, establish and operate a drive-in facility within the boundary lines of a single contiguous area of property owned or leased and occupied as a banking house or place of business by such parent bank, branch bank or bank office whether or not such drive-in facility is physically connected to the main banking house, and such facility shall not be considered as an additional bank office or bank facility as defined in paragraphs (c) and (d) of section 13-201.1, but such drive-in facility shall be deemed an expansion or extension of the existing banking house or place of business. (b) A parent bank or branch bank or bank office may, upon obtaining prior approval of the Superintendent of Banks, establish and operate a drive-in facility across a street, alley railroad right-of-way, or thoroughfare from the existing banking house when such drive-in facility is physically connected to the main banking house by a private, enclosed, secure overhead passageway or by underground tunnel. Such facility, if so connected, shall not be considered as either an additional bank office or bank facility as defined in paragraphs (c) and (d) of section 13-201.1, but shall be regarded as an expansion or extension of the existing banking place of business. Section 3. Said Code Title is further amended by adding at the end of Code Chapter 13-9 a new code section to be known as section 13-912 relating to common stock, preferred stock, capital stock, capital, and stock options, to read as follows: 13-912. Common stock, preferred stock, capital stock, capital, and stock options.(a) Definitions . The term `capital stock', as used in this Title, shall mean only the amount of common stock outstanding. The term `capital', as used in this Title, shall mean the amount of unimpaired common stock, plus the amount of preferred stock outstanding and unimpaired. (b) Preferred stock . With the approval of the Superintendent of Banks and by vote of stockholders owning two-thirds

Page 593

(2/3) of the stock outstanding in such bank, and upon recommendation of its Board of Directors, a bank may issue preferred stock of one or more classes in such amount and with such par value as shall be approved by said Superintendent and make such amendments to its charter as may be necessary for this purpose. No issue of preferred stock shall be valid until the par value of all stock so issued shall be paid in and notice thereof, duly acknowledged under oath by the bank's principal officer, has been transmitted to the Superintendent and his certificate obtained specifying the amount of such issue of preferred stock and his approval thereof and that the amount has been duly paid in as a part of the capital of such bank; provided further, that the dividend rate on such preferred stock, whether cumulative or otherwise, shall be not greater than six (6) per centum per annum. (c) Convertibility of stock and convertibility of capital notes or debentures . With the approval of the Superintendent of Banks and by vote of stockholders owning two-thirds (2/3) of the stock outstanding in such bank, and upon recommendation of its Board of Directors, preferred stock may be convertible to common stock in such manner as the Superintendent may approve. With the approval of the Superintendent of Banks and by vote of stockholders owning two-thirds (2/3) of the stock outstanding in such bank, and upon recommendation of its Board of Directors, capital notes or debentures, as authorized in Code section 13-2025.1, may be convertible to common stock in such manner as the Superintendent may approve. (d) Stock options . With the approval of the Superintendent of Banks and by vote of stockholders owning two-thirds (2/3) of the stock outstanding in such bank, and upon recommendation of its Board of Directors, any bank may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees, whether or not such transactions qualify for special tax treatment under the Internal Revenue Code of 1954, as amended.

Page 594

Section 4. Said Code Title is further amended by striking Code section 13-1005 of Code Chapter 13-10, relating to the examination and certification by the Superintendent of Banks of amendments to bank charters, in its entirety and substituting in lieu thereof a new Code section 13-1005, to read as follows: 13-1005. Examination By and Certificate of Superintendent .When such application for amendment shall have been referred to the Superintendent of banks, the said Superintendent shall immediately investigate, either through himself or some person appointed by him, and shall satisfy himself that such amendment is proper and has been duly authorized by proper corporate action, and in case said application is for the increase of the capital stock, that the amount of such additional capital has been paid in, in cash, except where surplus is capitalized, and in case said application is for the establishment of a stock option plan, that there is sufficient authorized stock reserve only to be issued upon cash being paid in for such stock, and in case said application is for the reduction of the capital stock, that the method by which such reduction is accomplished is proper and fair to all the stockholders, and that the capital stock is not reduced below the amount required by law for such bank, and shall consider all other facts and circumstances relating to the proposed amendment as in the judgment of the Superintendent shall be relevant and in the public interest, necessary and desirable. The Superintendent of Banks in making the examination and investigation, is authorized to exercise his judgment in his consideration of the amendment until he has ascertained that all the requirements of law have been fulfilled. If so satisfied, the Superintendent of Banks shall, within thirty (30) days after the application for amendment shall have been filed with him for examination, issue under his hand and official seal a certificate approving the amendment to the charter of such bank, and shall transmit a copy of such certificate to the Secretary of State, who shall enter the same of record in his office. The said Superintendent shall also keep on file a duplicate of said certificate in his own office. If the Superintendent shall not be satisfied that the amendment as proposed is expedient and desirable, or that the law for such cases made and

Page 595

provided has been fully complied with, or, if the said amendment is for the increase of the capital stock, that the said increase has not been paid in, as herein provided, he shall, within thirty (30) days after the filing of the copy of said application for amendment with him, notify the Secretary of State that he refuses to approve the amendment to the charter, and no amendment shall in that event be granted by the Secretary of State. Section 5. Said Code Title is further amended by striking Code section 13-1009, as amended, of Code Chapter 13-10, relating to increase of capital stock offered to stockholders, in its entirety and substituting in lieu thereof a new Code section 13-1009, to read 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 (2/3) 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

Page 596

facilities not otherwise permitted to be owned or operated by banks: Provided further, however, that capital stock may be issued without first being offered to stockholders of record pro rata with the prior approval of the Superintendent of Banks and when and if the holders of two-thirds (2/3) of the issued and outstanding stock vote their approval of waiving the pre-emptive rights of stockholders. Section 6. Said Code Title is further amended by striking Code section 13-2001, as amended, of Code Chapter 13-20, relating to Board of Directors, number, election, term of office, and vacancies, in its entirety and substituting in lieu thereof a new Code section 13-2001 to read as follows: 13-2001. Board of Directors; Number; Election; Term of Office; Vacancies .The affairs of each bank shall be managed by a Board of not less than three nor more than twenty-five (25) directors, who shall be elected by the stockholders at a meeting to be held at any time before the bank is authorized by the Superintendent of Banks to commence the business of banking and afterwards at meetings to be held annually at such time as may be fixed by the by-laws of the bank. The directors shall hold office for one year and until their successors are elected and have qualified. Vacancies occurring in the intervals between annual elections shall be filled by the Board of Directors. A bank, at any annual meeting of the stockholders or any special meeting, provided notice thereof be given in the notice of annual or special meeting, may, by majority vote of all the stockholders of such bank, fix or change by resolution the number of directors, provided the number of directors shall not be less than three nor more than twenty-five, which number when so fixed shall be the lawful number of directors of such bank until again changed in like manner. Certified copies of all resolutions fixing or changing the number of directors or selecting new directors to fill vacancies under this Section shall immediately be filed with the Superintendent of Banks. Provided, however, any bank having not less than three nor more than twenty-three directors may, with the approval of the Superintendent of Banks and upon a vote of a majority of the Board of Directors, increase the

Page 597

Board between meetings of stockholders by the addition of not more than two (2) directors. Section 7. Said Code Title is further amended by striking Code section 13-2013, as amended, of Code Chapter 13-20, relating to limit of loans by banks, in its entirety and substituting in lieu thereof a new Code section 13-2013, to read as follows: 13-2013. Loans by Bank, Limit of .No bank shall be allowed to lend to any one person, firm, or corporation more than 20% of its capital and unimpaired surplus; and in the event that a loan, or loans, to any one person, firm or corporation, aggregate an amount in excess of 10% of the capital and surplus, the entire amount of such loan or loans shall be secured by good collateral or other ample security, and made with the approval of a majority of the directors, or of a committee of the Board of Directors authorized to act, which approval shall be evidenced by the written signature of said directors or the members of said committee. In estimating loans to any person, all amounts loaned to firms and partnerships of which he is a member shall be included: Provided, however, that a bank may buy from or discount for any person, firm or corporation, bills of exchange, drawn in good faith against actually existing values, or commercial or business paper actually owned by the person negotiating the same, in addition to loans directly made to the person, firm, or corporation selling the same, such purchase or discount not to exceed 20% of the capital and surplus, and if in excess of 10% of the capital and surplus, to be approved in writing by a majority of the directors, or by a committee of such Board authorized to Act; and Provided, that the limit of loans herein fixed shall not apply to bona fide purchases of commercial or business paper without recourse on the holder or payee of such paper; and Provided, that the limit of loans herein fixed shall not apply to bona fide loans made upon the security of agricultural, manufactured, or industrial products or livestock having a market value and for which there is ready sale in the open market, title to which by appropriate transfer shall be taken in the name of the bank, and which shall be secured

Page 598

by insurance against loss by fire, with policies made payable to the bank, where no more than 80% of the market value of such products shall be loaned or advanced thereon. In all such cases, a margin of 20% between the amount of the loan and the market value of the products shall at all times be maintained (except where products are intended for immediate shipment); and the bank shall have the right to call for additional collateral when the difference between the market value and the amount loaned shall be less than 20%, and in the event of the failure to comply with such demand, to immediately sell all or any part of such products in the open market and pay the amount of the loan and the expenses of sale, and the balance to the borrower; and Provided, that the limit herein fixed shall not apply to loans fully secured by bonds or certificates of indebtedness of the United States, or of this State, or of the several counties, districts, or municipalities thereof which have been duly and regularly validated as provided by law. Liabilities arising to the makers and endorsers of checks, drafts, bills of exchange, received by the bank on deposit, cashed, or purchased by it, shall not in any way be considered as borrowed money or loans; and Provided, that the limit herein fixed shall not apply to loans to the extent that such loans are secured or covered by guaranties or commitments or agreements to take over or purchase made by any Federal Reserve Bank or by the United States or any department, bureau, board or establishment of the United States, including any corporation wholly owned directly or indirectly by the United States if such guaranties, agreements or commitments are subject to no condition beyond the control of such bank and must be performed by payment of cash or its equivalent within ninety (90) days after demand: Provided, that a bank shall be allowed to lend up to 20% of its capital and unimpaired surplus to any one county, municipality, or political subdivision of the State authorized to levy taxes, on loans made under the provision of Article VII, Section VII, Paragraph IV of the Constitution of Georgia of 1945. as amended. It shall be the duty of the Superintendent of Banks to order any loans in excess charged to profit and loss, provided in his opinion such excess is not well secured; and if such reduction shall not be made within thirty (30)

Page 599

days after such notification, to proceed as in other cases provided for violation of the orders of the Superintendent. Section 8. Said Code Title is further amended by striking Code section 13-2022 of Code Chapter 13-20, relating to unauthorized investments, in its entirety and substituting in lieu thereof a new Code section 13-2022, to read as follows: 13-2022. Unauthorized Investments .No bank shall employ or invest its funds in the purchase or holding of the stock of any industrial, mercantile or mining corporation, or in the purchase or handling of merchandise, farm or manufactured products, except to secure a debt previously contracted in good faith, and if any such stocks, merchandise or products are purchased to protect the bank from loss, the same shall be disposed of at public or private sale within six (6) months after receiving the same, or the same shall be charged to profit and loss and not carried as assets by the bank, but this limit of time may be extended by the Superintendent of Banks if in his judgment it is for the best interest of the bank that such extension should be granted. Notwithstanding the foregoing, any bank may purchase and own personal property for the purpose of leasing upon the request of a prospective lessee thereof received before such property is purchased by the bank, provided that (a) such bank shall at all times maintain adequate protection by way of insurance or indemnity by the lessee, or both, against tort liability or liabilities on warranties as to such property, (b) no such lease or other agreement shall obligate said bank to maintain, repair or service personal property in connection with any lease held by it, and (c) the aggregate value of property at any time leased to any one person, firm or corporation shall not exceed 20% of the capital and unimpaired surplus of such bank, and a lease of property shall not be deemed to be a loan to the lessee for the purposes of Section 2013 of this Title. At the end of any lease authorized by this Section, the bank shall then or within six months thereafter enter into a renewal lease or a new lease as to such property, or shall dispose of such property as provided above with respect to merchandise, farm or manufactured products held to secure

Page 600

a debt previously contracted. Nothing in the Section is to be construed as applying to trust companies or savings banks doing a trust or savings business. Section 9. Said Code Title is further amended by striking Code section 13-2025 of Code Chapter 13-20, relating to restriction of a bank's indebtedness, in its entirety and substituting in lieu thereof a new Code section 13-2025, to read as follows: 13-2025. Restriction of Bank's Indebtedness .No bank shall at any time be indebted to an amount exceeding double the amount of its capital stock actually paid in and remaining undiminished by losses or otherwise, plus the amount of the unimpaired surplus and undivided profits, except on account of the following: (1) Monies deposited with or collected by the bank. (2) Bills of exchange or drafts drawn against money actually on deposit to the credit of the bank or due thereto. (3) Liabilities to the stockholders of the bank for dividends and reserve profits. (4) Commercial paper rediscounted. (5) Acceptances as herein authorized. (6) Liabilities incurred by the bank on account of the endorsement of checks, drafts, and bills of exchange, received by the bank on deposit, cashed or purchased by it, and endorsed by the bank. (7) Liabilities incurred for the purpose of maintaining the reserves required by section 13-2027 or by the Federal Reserve Act. (8) Liabilities to a Federal Reserve Bank for borrowed monies. (9) Liabilities incurred pursuant to the sale of investment securities under an agreement to repurchase at the end of a stated period.

Page 601

Provided, however, that in case of temporary emergency, or to pay its depositors, temporary loans, in excess of the amount hereinabove fixed, may be made, when approved in advance by the Superintendent of Banks. Section 10. Said Code Title is further amended by adding at the end of Code Chapter 13-20 a new code section to be known as section 13-2067, relating to dormant bank accounts, to read as follows: 13-2067. Dormant Bank Accounts .Any bank may, in accordance with such regulations as the Superintendent of Banks shall prescribe, from time to time, take, levy, receive, reserve, or charge any dormant account a reasonable service charge not in excess of a rate or charge as prescribed by regulations promulgated by Superintendent of Banks. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. GEORGIA YOUTH COUNCIL. No. 585 (House Bill No. 98). An Act to create the Georgia Youth Council; to provide that the Georgia Youth Council shall be a non-political, non-profit and non-sectarian organization; to provide for the appointment of the members of said Council; to provide for the officers of said Council; to provide for meetings of said Council; to provide that the programs and activities of said Council shall be coordinated through and under the supervision of the Division for Children and Youth; to provide for an Advisor to the Georgia Youth Council; to provide that the Division for Children and Youth shall provide clerical assistance, postage and supplies for the Georgia Youth Council; to provide for the purpose, duties and responsibilities of the Georgia

Page 602

Youth Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created the Georgia Youth Council, hereafter referred to as the Council, which shall be a non-political, non-profit, and non-sectarian organization consisting of the youth of Georgia who are known for their leadership ability and knowledge of and interest in governmental affairs and who are of good moral character. Created. (b) The Georgia Youth Council shall be composed of an indeterminate number of members who shall be appointed by the Governor to serve at his pleasure in accordance with the following provisions: Members, etc. (1) All members shall be at least sixteen years of age and not more than twenty years of age. (2) Twenty-five members shall be appointed from the State-at-large. (3) A maximum of twenty-five members shall be appointed from each of the ten Congressional Districts. (c) The officers of the Georgia Youth Council shall consist of a State Chairman, Vice Chairman, Secretary-Treasurer, and a District Chairman from each of the ten Congressional Districts and such other officers as the Council may deem necessary or desirable. The officers and members of the present Georgia Youth Council, which was created by an executive order approved by the Governor on June 23, 1964, shall be the officers and members of the Georgia Youth Council created by this Act until the next annual meeting of the Georgia Youth Council which shall be called and held at such time and place as provided for in the constitution and bylaws of the Georgia Youth Council created by said executive order. The first order of business at said next annual meeting shall be to elect a new State Chairman, Vice Chairman, and Secretary-Treasurer. A majority of the members of the Council shall constitute a quorum for the

Page 603

purpose of electing officers and transacting business. Officers shall be elected by a majority vote in such manner and to serve for such terms as the Council shall by rules and bylaws provide. The District Chairmen shall be elected by a majority of the members of the Council from each Congressional District who are present and voting in such manner and to serve for such terms as the Council shall by rules and bylaws provide. The Council is hereby authorized to adopt all necessary rules, regulations and bylaws for its own government and may delegate to one or more of its members or to its officers such powers and duties as it may deem necessary or desirable. (d) The Council shall meet at least annually at a place to be determined by the Council with the advice and approval of the Advisor. Other meetings of the entire Council or of committees of the Council may be held at such time and place as the Council shall determine with the advice and approval of the Advisor. Meetings, etc. (e) The members and officers of the Council shall not be entitled to compensation for service as a member or officer or for reimbursement of any expenses incurred in the performance of their duties. Expenses. Section 2. The programs and activities carried on by the Georgia Youth Council shall be coordinated through and under the supervision of the Division for Children and Youth of the Department of Family and Children Services. The Director of the Division for Children and Youth is hereby authorized and directed to appoint an Advisor to the Georgia Youth Council who shall be a person of good moral character and known for his interest in and knowledge of the affairs of the youth of our State. Programs, etc. The Advisor shall assist the Georgia Youth Council in arranging and coordinating meetings of the Council and shall provide such other assistance and supervision as may be necessary or desirable to enable the Council to carry out the purposes for which it was created. Any clerical assistance, postage and supplies that may be necessary to enable the

Page 604

Georgia Youth Council to plan and coordinate its meetings or otherwise carry out its duties and responsibilities shall be supplied by the Division for Children and Youth, and said Division for Children and Youth is hereby authorized to provide such assistance, postage and supplies for said Council. Section 3. It is the purpose of the Georgia Youth Council to provide a method by which the youth of our State might voice their opinions and engage in planning programs to give them active participation in the affairs of State government. In carrying out this purpose, it shall be the duty of the Georgia Youth Council, as soon as it is organized, to proceed with the formulation of plans and programs as to how the youth of our State might best assist the Governor and other State officials of all branches of the State government in the execution and performance of their respective duties with particular reference to the affairs, duties, and conduct of said officials, as they relate to the plans, programs and training for the benefit of the youth of our State. The members of the Georgia Youth Council shall be further charged with the responsibility of familiarizing themselves with and understanding the relationship between the Federal, State and local units of government and shall seek to understand the operation of Federal and State programs which are administered on the State and local levels and shall be authorized to make appropriate recommendations regarding the improvement of such programs in reports duly adopted by the Council and submitted to the Governor and to the Advisor of said Council. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966.

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COMMISSION ON THE STATUS OF WOMEN. No. 586 (House Bill No. 154). An Act to create the Commission on the Status of Women; to provide for the appointment of the members thereof; to provide a chairman, a vice-chairman and a secretary thereof; to define the powers and duties of the Commission; to provide for the operation of the Commission; 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. There is hereby created a commission to be known as the Commission on the Status of Women hereinafter referred to as the Commission. The Commission shall be composed of not more than 115 members to be appointed by the Governor to serve at his pleasure from among the prominent women citizens of the State of Georgia of recognized ability and achievement. The Governor shall fill all vacancies. Created, members, etc. Section 2. The Commission shall elect a chairman, a vice-chairman and a secretary from among its members. Officers. Section 3. The chairman shall have the power to appoint an executive committee to be composed of not more than 15 members. The executive committee shall possess all of the powers and authority conferred upon it by the Commission. Executive committee. Section 4. The chairman of the Commission may designate and appoint other committees to perform such functions as she may deem necessary or advisable. The Commission may either by itself or through such committees hold hearings, conduct studies or take other action necessary or desirable to collect data and obtain information. Duties. Section 5. The Commission may conduct studies, research, investigations and surveys in the following basic categories: health and welfare of women; problems of the

Page 606

working woman; problems of the urban and suburban homemaker and equal status for women. Same. Section 6. The Commission shall file an annual report with the Governor containing a summary of the accomplishments of the Commission during the preceding year together with recommendations for suggested legislation as may be necessary to improve the status of women. Reports. Section 7. The members of the Commission shall receive no compensation, per diem or reimbursement for expenses for their services. Compensation. Section 8. The Commission herein created is hereby declared to be an agency of State government. Intent. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. UNIFORM SIMULTANEOUS DEATH ACT IN GEORGIA. No. 587 (House Bill No. 165). An Act to provide for the distribution of property when there is no sufficient evidence that persons have died otherwise than simultaneouly; to provide for a short title; to provide for the disposition of intangible property of joint owners; to provide that this Act shall not apply if the decedent provides otherwise; to provide that this Act shall not apply to the distribution of the property of a person who has died before this Act takes effect; to provide for uniformity of interpretation; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act may be cited as the Uniform Simultaneous Death Act in Georgia.

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Section 2. No Sufficient Evidence of Survivorship . When the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this Act. Section 3. Survival of Beneficiaries . If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence that the two have died otherwise than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each such beneficiaries had survived. Section 4. Joint Owners . If any stocks, bonds, bank deposits or other intangible property shall be so owned that one of two joint owners is entitled to the whole on the death of the other and both persons die and there is no sufficient evidence that the two joint owners have died otherwise than simultaneously, these assets shall be distributed one-half as if one joint owner had survived and one-half as if the other joint owner had survived. If there are more than two joint owners and there is no sufficient evidence that all have died otherwise than simultaneously, these assets shall be divided into as many equal portions as there are joint owners and these portions shall be distributed respectively to those who would have taken in the event that each joint owner had survived. Section 5. Act Does Not Apply if Decedent Provides Otherwise . This Act shall not apply in the case of wills, living trusts, deeds, or contracts of insurance, or any other

Page 608

situation where provision is made for distribution of property different from the provisions of this Act, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided. Section 6. Distribution of the Property of a Person Who Has Died Before the Effective Date of This Act . This Act shall not apply to the distribution of the property of a person who has died before this Act takes effect. Section 7. Uniformity of Interpretation . This Act shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. Section 8 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. Effective Date . The provisions of this Act shall become effective on July 1, 1966. Section 10 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966.

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GEORGIA CIVIL PRACTICE ACT. No. 588 (House Bill No. 6). An Act to comprehensively and exhaustively revise, supersede, and modernize pretrial, trial and certain posttrial procedures in civil cases; to provide for one form of action; to provide for the commencement of actions; to provide for a process, summons, and service of process; to provide for service of orders, pleadings, and other papers in designated instances; to provide for extensions of time; to provide for general rules of pleading; to provide for pleading special matters; to provide for defense and objections; to provide for counterclaims and crossclaims; to provide for third party practice; to provide for amended and supplemental pleadings; to provide for pretrial conferences; to provide for parties and the joinder of claims and parties; to provide for interpleader, class actions and interventions; to provide for substitution of parties; to provide for rules of discovery; to provide for depositions, interrogatories, physical and mental examination of persons; to provide for enforcement and the conclusions of a failure of a party or other person to comply with the foregoing; to provide for requests for admission of facts and the genuineness of documents; to provide for trial by jury or by the court; to provide for the assignment of cases for trial; to provide for dismissal of actions and consolidation of cases; to provide for the taking of evidence; to provide for special verdicts; to provide for juries and jurors; to provide for directed verdicts and judgments notwithstanding the verdict; to provide for instructions to the jury; to provide for requests to charge and the procedure connected therewith; to provide for summary judgment; to provide for entry, enforcement and stay of judgment; to provide for defaults and entry of judgment thereon; to provide for relief from judgments; to define harmless error; to prescribe procedure relative to injunctions; to provide for receivers; to provide for deposits in court; to provide for execution; to provide for judgments for specific acts and vesting title; to authorize local court rules; to prescribe suggested forms of pleading; to provide an effective date

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to define the courts to which this Act shall be applicable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Scope of Act . This Act governs the procedure in all courts of record of the State of Georgia in all suits of a civil nature whether cognizable as cases at law or in equity, with the exceptions stated in Section 81. The provisions of this Act shall be construed to secure the just, speedy, and inexpensive determination of every action. Section 2. One Form of Action . There shall be one form of action to be known as civil action. Section 3. Commencement of Action . A civil action is commenced by filing a complaint with the court. Section 4. Process. (a) Summons: Issuance . Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff separate or additional summons shall issue against any defendants. (b) Same: Form . The summons shall be signed by the clerk, contain the name of the court and county and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which this Act requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify him that in case of his failure to do so judgment by default will be rendered against him for the relief demanded in the complaint. (c) By Whom Served . Process shall be served by the sheriff of the county where the action is brought or where the defendant is found, or by his deputy, or by the marshall or sheriff of the court, or by his deputy, or by any citizen of the United States, specially appointed by the court for that purpose. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by

Page 611

any resident of the country, territory, colony or province, who is specially appointed by the court for that purpose. When service is to be made within this State, the person making such service shall make such service within five days from the time of receiving the summons and complaint; but failure to make service within such five day period will not invalidate a later service. (d) Summons: Personal Service . The summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows: (1) If the suit is against a corporation incorporated or domesticated under the laws of this state; to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof; provided, when for any reason service cannot be had in the manner hereinabove provided, then service may be made upon such corporation by delivering to the secretary of state, or his deputy, two copies of said summons and complaint, one copy of which shall be mailed by the secretary of state or his deputy to the defendant at its last known address according to the records of the secretary of state; defendant shall have thirty (30) days after such service in which to appear and answer; provided, however, that before such service shall be authorized, plaintiff or his attorney shall make or cause to be made and filed in such cause an affidavit setting forth the facts showing that, to the best of this knowledge, information and belief, personal service on or notice to the officers, managing agent or other agent of said corporation cannot be had within the state; and provided further, that if it shall appear from such affidavit that there is a last known address of a known officer of said corporation outside the state, plaintiff shall, in addition to and after such service upon the secretary of state, mail or cause to be mailed to such known officer at such address by registered or certified mail, a copy of the summons and a copy of the complaint, and in all such cases defendant shall have thirty (30) days from the date of such mailing within which to answer or plead.

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(2) If the suit is against a foreign corporation, or a nonresident individual, partnership, joint-stock company or association, doing business and having a managing or other agent, cashier or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process. (3) If against a minor, to such minor, personally, and also to his father or his mother or his guardian or his duly appointed guardian ad litem. (4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person and also to his guardian, and if there be no such guardian then to his duly appointed guardian ad litem. (5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city, or to an agent authorized by appointment to receive service or process. (6) In all other cases to the defendant personally, or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process. (e) Same: Other Service. (1) Service by Publication. (ii) General . When the person on whom service is to be made resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such judge may grant an order that the service be made by the publication of summons.

Page 613

Provided, when said affidavit is based on the fact that the party on whom service is to be made resides out of the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in such affidavit that at a previous time such person resided out of this state in a certain place (naming the place and stating the latest date known to affiant when such party so resided there); that such place is the last place in which such party resided to the knowledge of affiant; that such party no longer resides at such place; that affiant does not know the present place of residence of such party or where such party can be found; and that affiant does not know and has never been informed and has no reason to believe that such party now resides in this state; and, in such case, it shall be presumed that such party still resides and remains out of the state, and such affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Section shall apply to all manner of civil actions, including those for divorce. (ii) Property . In any action which relates to, or the subject of which is, real or personal property in this state in which any defendant, corporate or otherwise, has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part of excluding such defendant from any interest therein, and the said defendant resides out of the state or has departed from the state, or cannot after due diligence be found within the state, or conceals himself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons; said service by publication shall be made in the same manner as provided in all cases of service by publication. (iii) Publication . The order shall direct the publication to be made in the paper in which sheriff's advertisements are printed, four times within the ensuing sixty days, publications to be at least seven days apart. Said published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed

Page 614

and addressed to the party to be thus served, commanding him to be and appear at the court in which the action is pending within sixty days of the date of the order for service by publication and shall bear teste in the name of the judge, and shall be signed by the clerk of said court. Where the residence or abiding place of the absent or nonresident is known, the party obtaining the order shall file in the office of the clerk, within fifteen days after the date of the order for service by publication a copy of the newspaper in which said notice is published, with said notice plainly marked; and thereupon it shall be the duty of said clerk at once to enclose, direct, stamp, and mail said paper, together with a copy of the summons and complaint, to said party named in said order at his last known address, if any, and make an entry of his action on the complaint filed in said case. When publication is ordered, personal service of a copy of the summons, complaint, and order of publication, out of the state, shall be equivalent to mailing when proved to the satisfaction of the judge by affidavit or otherwise. (2) Personal Service Outside the State . Personal service outside the state upon a natural person may be made (i) in any action where the person served is a resident of this state, and (ii) in any action affecting specific real property or status, or in any other proceeding in rem without regard to the residence of the person served. When such facts shall appear, by affidavit, to the satisfaction of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim is asserted against the person in respect to whom the service is to be made, and that he is a necessary or proper party to the action, such court may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of complaint in person to the persons served. (f) Territorial Limits of Effective Service . All process may be served anywhere within the territorial limits of the State, and, when a statute so provides, beyond the territorial limits of the State. (g) Return . The person serving the process shall make proof of service thereof to the court promptly and in any

Page 615

event within the time during which the person served must respond to the process. Proof of service shall be as follows: (1) If served by a sheriff or marshall, or his deputy, the affidavit or certificate of such sheriff, marshall, or deputy; or, (2) If by any other proper person, his affidavit thereof; or (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or (4) The written admission or acknowledgment of service by the defendant. In case of service otherwise than by publication, the certificate or affidavit shall state the date, place and manner of service. Failure to make proof of service shall not affect the validity of the service. (h) Amendment . At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. (i) Alternative service . The methods of service provided herein are cumulative, and may be utilized with, after, or independently of, other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute. Section 5. Service and Filing of Pleadings Subsequent To The Original Complaint and Other Papers. (a) Service: When Required . Except as otherwise provided in this Act, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of

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judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Section 4. (b) Same: How Made . Whenever under this Act service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this Section means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if the office is closed or the person to be served has no office leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his employee, or by written admission, or by affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service. (c) Same: Numerous Defendants . In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

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(d) Filing . All papers after the complaint required to be served upon a party shall be filed with the court within the time allowed for service. (e) Filing With the Court Defined . The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. Section 6. Time. (a) Computation . In computing any period of time prescribed or allowed by this Act, by the local rules of any court, by order of court, or by an applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. This subsection shall apply whether the period is measured in days, months, years, or other unit of measurement of time. (b) Extension of Time . When by this Act or by a notice given thereunder or by order of court an Act is required or allowed to be done at or within a specified time, the parties by written stipulation of counsel filed in the action, may extend the period, or the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period extended if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; provided, however, no extension of time shall be granted for the filing of motions for new trial or for judgment notwithstanding the verdict. (c) Unaffected by Expiration of Term . The period of time provided for the doing of any act or the taking of any

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proceeding is not affected or limited by the continued existence or expiration of a term of court, except as otherwise specifically provided by law. The continued existence or expiration of a term of court in no way affects the power of a court to do any act or take any proceeding in any civil action which has been pending before it, except as otherwise specifically provided by law. (d) For Motions-Affidavits . A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served, not later than five (5) days before the time specified for the hearing, unless a different period is fixed by this Act or a longer period, not exceeding thirty days, is fixed by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and opposing affidavits may be served not later than one (1) day before the hearing, unless the court permits them to be served at some other time. (e) Additional Time After Service by Mail . Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him and the notice or paper is served upon him by mail, three (3) days shall be added to the prescribed period. Section 7. Pleadings Allowed; Form of Motions. (a) Pleadings . There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of Section 14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. (b) Motions and Other Papers . (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing

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is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this Act. (c) Demurrers, Pleas, etc., Abolished . Demurrers, pleas and exceptions for insufficiency of a pleading shall not be used. Section 8. General Rules of Pleading. (a) Claims for Relief . An original complaint shall contain facts upon which the court's venue depends and any pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2) a demand for judgment for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded. (b) Defenses; Form of Denials . A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in Section 11. (c) Affirmative Defenses . In pleading to a preceding pleading, a party shall set forth affirmatively accord and

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satisfaction, arbitration and award, assumption of risk, comparative negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicita, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleadings as if there had been a proper designation. (d) Effect of Failure to Deny . Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. (e) Pleading to Be Concise and Direct; Consistency . (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required. (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in Section 11. (f) Construction of Pleadings . All pleadings shall be so construed as to do substantial justice. Section 9. Pleading Special Matters. (a) Capacity . It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a

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party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. (b) Fraud, Mistake, Condition of the Mind . In all averments of fraud, or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. (c) Conditions Precedent . In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity. (d) Official Document or Act . In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law. (e) Judgment . In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (f) Time and Place . For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (g) Special Damage . When items of special damage are claimed, they shall be specifically stated. Section 10. Form of Pleadings. (a) Caption; Names of Parties . Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in Section 7 (a). In the complaint the title of the action shall include

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the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. A party whose name is not known may be designated by any name, and when his true name is discovered, the pleading may be amended accordingly. (b) Paragraphs; Separate Statements . All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separated transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. (c) Adoption by References; Exhibits . Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes. Section 11. Signing of Pleadings . Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished. The signature of an attorney constitutes a certificate by him that he has read the pleading; and that it is not interposed for delay. Section 12. Defenses and ObjectionsWhen and How PresentedBy Pleading or Motion; Motion for Judgment on Pleadings. (a) When presented . A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by

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statute. A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied. (b) How Presented . Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion in writing: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join an indispensable party. A motion making any of these defenses shall be made before or at the time of pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Section 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Section 56. (c) Motion for Judgment on the Pleadings . After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Section 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Section 56.

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(d) Preliminary Hearings . The defenses specifically enumerated (1) - (7) in subdivision (b) of this Section, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this Section shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial. (e) Motion for More Definite Statement . If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a proper responsive pleading, he shall nevertheless answer or respond to the best of his ability, and he may move for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within fifteen (15) days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. (f) Motion to Strike . Upon motion made by a party within thirty (30) days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. (g) Consolidation of Defenses . A party who makes a motion under this Section may join with it the other motions herein provided for and then available to him. If a party makes a motion under this Section and does not include therein all defenses and objections then available to him which this Section permits to be raised by motion, he shall not thereafter make a motion based on any of the defenses or objections so omitted, except as provided in subdivision (h) of this Section. (h) Waiver of Defenses . A party waives all defenses and objections which he does not present either by motion as hereinbefore provided, or, if he has made no motion, in his answer or reply, or any amendments thereto, (provided,

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however, the defenses enumerated Section 12 (b) (2), (3), (4) and (5) shall not be raised by amendment), except (1) that the defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, and the objection of failure to state a legal defense to a claim may also be made by a later pleading, if one is permitted, or by motion for judgment on the pleadings or at the trial on the merits, and except (2) that, whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action. The objection or defense, if made at the trial, shall be disposed of as provided in Section 15 (b) in the light of any evidence that may have been received. Section 13. Counterclaim and Cross-Claim. (a) Compulsory Counterclaims . A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if (1) at the time the action was commenced the claim was the subject of another pending action, or (2) the opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Section 13, or (3) the claim is not within the jurisdiction of the Court. (b) Permissive Counterclaims . A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim. But any such permissive counterclaim shall be separated for the purposes of trial, unless the parties otherwise agree. (c) Counterclaim Exceeding Opposing Claim . A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding

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in amount or different in kind from that sought in the pleading of the opposing party. (d) Counterclaim Against the State . These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State or an officer or agency thereof. (e) Counterclaim Maturing or Acquired After Pleading . A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading. (f) Omitted Counterclaim . When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment. (g) Cross-Claim Against Co-Party . A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant. (h) Additional Parties May Be Brought In . When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants as provided in this Act, if jurisdiction of them can be obtained. (i) Separate Trials: Separate Judgment . If the court orders separate trials as provided in Section 42 (b), judgment on a counterclaim or cross-claim may be rendered in accordance with the terms of Section 54 (b) when the court has jurisdiction so to do, even if the claims of the opposing party have been dismissed or otherwise disposed of.

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Section 14. Third Party Practice. (a) When Defendant May Bring in Third Party . At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than ten (10) days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim as provided in Section 12 and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Section 13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in Section 12 and his counterclaims and cross-claims as provided in Section 13. Any party may move to strike the third-party claim, or for its severence or separate trial. A third-party defendant may proceed under this Section against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant. (b) When Plaintiff May Bring in Third Party . When a counter-claim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this Section would entitle a defendant to do so. Section 15. Amended and Supplemental Pleadings. (a) Amendments . Except as otherwise provided, a party may

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amend his pleading as a matter of course at any time, without leave of court. A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within fifteen (15) days after service of the amended pleading, unless the court otherwise orders. (b) Amendments to Conform to the Evidence . When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence. (c) Relation Back of Amendments . Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. (d) Supplemental Pleadings . Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor. Section 16. Pre-Trial Procedure; Formulating Issues . In any action, the court may in its discretion direct the attorneys

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for the parties to appear before it for a conference to consider: (1) The simplification of the issues; (2) The necessity or desirability of amendments to the pleadings; (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; (4) The limitation of the number of expert witnesses; (5) Such other matters as may aid in the disposition of the action. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to non-jury actions or extend it to all actions. Section 17. Parties Plaintiff and Defendant; Capacity. (a) Real Party in Interest . Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought; and when a statute so provides, as action for the use or benefit of another shall be brought in the name of the State. (b) Capacity to Sue or Be Sued . The capacity of an individual, including one acting in a representative capacity, to sue or be sued shall be determined by the law of this

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State. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized, unless a statute of this State provides to the contrary. (c) Infants or Incompetent Persons . Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, he may sue by his next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. Section 18. Joinder of Claims and Remedies. (a) Joinder of Claims . The plaintiff in his complaint or in a reply setting forth a counterclaim and the defendant in an answer setting forth a counterclaim may join either as independent or as alternate claims as many claims either legal or equitable or both as he may have against an opposing party. There may be a like joinder of claims when there are multiple parties if the requirements of Section 19, 20, and 22 are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of Section 13 and 14 respectively are satisfied. (b) Joinder of Remedies; Fraudulent Conveyances . Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him without first having obtained a judgment establishing the claim for money. Section 19. Necessary Joinder of Parties. (a) Subject to the provisions of Section 23 and of subdivision (b) of this Section, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or

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defendants. When a person who should join as a plaintiff refuses to do so, he may be made a defendant or, in proper cases, an involuntary plaintiff. (b) Conditionally Necessary Parties . When persons who are not indispensable, but who ought to be parties if complete relief is to be accorded between those already parties, have not been made parties and are subject to the jurisdiction of the court, the court shall order them summoned to appear in the action. The court in its discretion may proceed in the action without making such persons parties, if its jurisdiction over them can be acquired only by their consent or voluntary appearance; but the judgment rendered therein does not affect the rights or liabilities of absent persons. (c) Same: Names of Omitted Persons and Reasons for Non-Joinder to be Pleaded . In any pleading in which relief is asked, the pleader shall set forth the names, if known to him, of persons who ought to be parties if complete relief is to be accorded between those already parties, but who are not joined, and shall state why they are omitted. Section 20. Permissive Joinder of Parties. (a) Permissive Joinder . All persons may join in one action as plaintiffs if they asset any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plantiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

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(b) Separate Trials . The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who assets no claim against him, and may order separate trials or make other orders to prevent delay or prejudice. Section 21. Misjoinder and Non-Joinder of Parties . Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately. Section 22. Interpleader . (a) Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counter-claim. The provisions of this Section supplement and do not in any way limit the joinder of parties permitted in Section 20. (b) The remedy herein provided is in addition to and in no way supersedes or limits the remedy of equitable interpleader provided for in Section 37-1503, 37-1504, and 37-1505 of the Code of Georgia Annotated. Section 23. Class Actions. (a) Representation . If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or more, as will fairly insure the adequate representation of all may, on behalf of all, sue or be sued, when the character of the right sought to be enforced for or against the class is (1) joint, or common, or secondary in the sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it;

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(2) several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action. (b) Secondary Action by Shareholders . In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or un-incorporated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees and, if necessary, from the shareholders such actions as he desires, and the reasons for his failure to obtain such action or the reasons for not making such effort. This Section is cumulative of, and not intended to supersede, Georgia Code Section 22-711. (c) Dismissal or Compromise . A class action shall not be dismissed or compromised without the approval of the court. If the right sought to be enforced is one defined in paragraph (1) of subdivision (a) of this Section notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. If the right is one defined in paragraphs (2) or (3) of subdivision (a) notice shall be given only if the court requires it. Section 24. Intervention. (a) Intervention of Right . Upon timely application anyone shall be permited to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the representation of the applicant's interest by existing parties is or may be indequate or the applicant is or may be bound by a judgment in the action; or (3) when the applicant is so situated as to be adversely affected by a distribution or other disposition of property which is in the custody or subject to the control or disposition of the court or an officer thereof. (b) Permissive Intervention . Upon timely application anyone may be permitted to intervene in an action when

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a statute confers a conditional right to intervene. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. (c) Procedure . A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Section 5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene. Section 25. Substitution of Parties. (a) Death . (1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the hearing, shall be served on the parties as provided in Section 5 and upon persons not parties in the manner provided in Section 4 for the service of a summons. Unless the motion for substitution is made not later than 180 days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party. (2) In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties. (b) Incompetency . If a party becomes incompetent, the court upon motion served as provided in subdivision (a) of this Section may allow the action to be continued by or against his representative. (c) Transfer of Interest . In case of any transfer of interest the action may be continued by or against the original party, unless the court upon motion directs the person to

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whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this Section. (d) Public Officers; Death or Separation from Office . (1) When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution. (2) When a public officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added. Section 26. Depositions Pending Action . (a) When depositions may be taken. Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes. After commencement of the action the deposition may be taken without leave of court, except that leave, granted with or without notice, must be obtained if notice of the taking is served by the platintiff within 20 days after commencement of the action. Witnesses may be compelled to appear and depose in the same manner that witnesses may be compelled to appear and testify in court. Depositions shall be taken only in accordance with this Act. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. (b) Scope of examination . Unless otherwise ordered by the court as provided by Section 30 (b) and (d), the deponent may be examined regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense

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of the examining party or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts. It is not ground for objection that the testimony will be inadmissible at the trial if the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence. (c) Examination and cross-examination . Examination and cross-examination of deponents may proceed as permitted at the trial under the rules of evidence. (d) Use of depositions . At the trial or upon the hearing of a motion or an interlocutory proceedings, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in accordance with any one of the following provisions; (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness. (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent of a public or private corporation, partnership, or association which is a party may be used by an adverse party for any purpose. (3) The deposition of a witness, whether or not a party, taken upon written interrogatories, may be used by any party for any purpose if the court finds: 1, that the witness is dead; or 2, that the witness is out of the county unless it appears that the absence of the witness was procured by the party offering the deposition; or 3, that the witness is unable to attend or testify because of age, sickness, infirmity or imprisonment; or 4, that the party offering the deposition has been unable to procure the attendance of the witness by subpoena or 5, that because of the nature of the business or occupation of the witness it

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is not possible to secure his personal attendance without manifest inconvenience to the public or to third persons; or 6, that the witness will be a member of the General Assembly and that the session of the General Assembly will conflict with the session of the court in which such case is to be tried. (4) The deposition of a witness, whether or not a party, taken upon oral examination, may be used in the discretion of the trial judge, even though the witness is available to testify in person at the trial. The use of the deposition shall not be ground for excluding the witness from testifying orally in open court. (5) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts. Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any court of the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought in this State between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor. (e) Objections to admissibility . Subject to the provisions of section 32 (c), objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (f) Effect of taking or using depositions . A party shall not be deemed to make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in paragraph (2) of subdivision (d) of this section. At the trial or

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hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party. Section 27. Depositions Before Action or Pending Appeal. (a) Before action (1) Petition . A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court may file a verified petition in the superior court of the county where the witness resides. The petition shall be entitled in the name of the petitioner and shall show: 1, that the petitioner expects to be a party to litigation but is presently unable to bring it or cause it to be brought, 2, the subject matter of the expected action and his interest therein, 3, the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it, 4, the names or a description of the persons he expects will be adverse parties and their addresses so far as known, and 5, the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask that an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. (2) Notice and service . The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court at a time and place named therein, for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or without the county in the manner provided for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. The court may make such order as is just requiring petitioner to pay a reasonable fee to an attorney so appointed. If any expected adverse party is a minor or incompetent

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person and does not have a general guardian the court shall appoint a guardian ad litem. (3) Order and examination . If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this Act; and the court may make orders of the character provided for by sections 34 and 35. For the purpose of applying this Act to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (4) Use of deposition . If a deposition to perpetuate testimony is taken under this section or if, although not so taken, it would be otherwise admissible under the laws of this state, it may be used in any action involving the same parties, and same subject matter subsequently brought. (b) Pending appeal . If an appeal has been taken from a judgment of a trial court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the trial court. In such case the party who desires to perpetuate the testimony may make a motion in the trial court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in the court. The motion shall show (1) the names and addresses of persons to be examined and the substance of the testimony which he expects to elicit from each; (2) the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by section 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed

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in this Act for depositions taken in actions pending in court. (c) Perpetuation by action . This rule does not limit the power of a court to entertain a suit to perpetuate testimony. Section 28. Persons Before Whom Depositions May Be Taken . (a) Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which action is pending. A person so appointed has power to administer oaths and take testimony. (b) In foreign countries . In a foreign state or country depositions shall be taken (1) on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or (2) before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed To the Appropriate Judicial Authority in (here name the country). (c) Disqualification for interest . No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action, unless such disqualification is waived in writing by all parties to the action. Section 29. Stipulations Regarding the Taking of Depositions . If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.

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Section 30. Depositions Upon Oral Examination. (a) Notice of examination; time and place . A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time. (b) Orders for the protection of parties and deponents . After notice is served for taking a deposition by oral examination, upon motion seasonably made by any party or by the person to be examined and upon notice and for good cause shown, the court in which the action is pending may make an order that the deposition shall not be taken, or that it may be taken only at some designated place other than that stated in the notice, or that it may be taken only on written interrogatories, or that certain matters shall not be inquired into, or that the scope of the examination shall be limited to certain matters, or that the examination shall be held with no one present except the parties to the action and their officers or counsel, or that after being sealed the deposition shall be opened only by order of the court, or that secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression. (c) Record of examination; oath; objections . The officer before whom the deposition is to be taken shall put the witness on oath or affirmation and shall personally, or by some one acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically, or by recording machine and transcribed. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence

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presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officer, who shall propound them to the witness and record the answers verbatim. (d) Motion to terminate or limit examination . At any time during the taking of the deposition, on motion of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the superior court in the county where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in subdivision (b). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. In granting or refusing such order the court may impose upon either party or upon the witness the requirement to pay such costs or expenses as the court may deem reasonable. (e) Submission to witness; charges; signing . When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness

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or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under section 32 (d) the court holds that the reason given for refusal to sign require rejection of the deposition in whole or in part. (f) Certification and filing by officer; copies; notice of filing . (1) The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked Deposition of (here insert name of witness), and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent. (3) The party taking the deposition shall give prompt notice of its filing to all other parties. (g) Failure to attend or to serve subpoena; expenses . (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including reasonable attorney's fees. (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the amount of the reasonable expenses incurred by him and his attorney in so attending, including a reasonable attorney's fees.

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Section 31. Depositions of Witnesses Upon Written Interrogatories. (a) Serving interrogatories; notice . A party desiring to take a deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name of descriptive title and address of the officer before whom the deposition is to be taken. Within 10 days thereafter a party so served may serve cross interrogatories upon the party proposing to take the deposition. Within five days thereafter the latter may serve redirect interrogatories upon a party who has served cross interrogatories. Within three days after being served with redirect interrogatories, a party may serve recross interrogatories upon the party proposing to take the deposition. (b) Officer to take responses and prepare record . A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by section 30 (c), (e) and (f), to take the testimony of the witness in response to the interrogatories, and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him. (c) Notice of filing . When the deposition is filed the party taking it shall promptly give notice thereof to all other parties. (d) Orders for the protection of parties and deponents . After the service of interrogatories and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent, upon notice and good cause shown, may make any order specified in section 30 which is appropriate and just or an order that the deposition shall not be taken before the officer designated in the notice or that it shall not be taken except upon oral examination. Section 32. Effect of Errors and Irregularities in Depositions. (a) As to notice . All errors and irregularities in

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the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (b) As to disqualification of officer . Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (c) As to taking of deposition . (1) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. (2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties and errors of any kind which might be obviated, removed or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition. (3) Objections to the form of written interrogatories submitted under section 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other interrogatories and within three days after service of the last interrogatories authorized. (d) As to completion and return of deposition . Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under section 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

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Section 33. Interrogatories to Parties . Any party may serve upon any adverse party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may be served after commencement of the action and without leave of court, except that, if service is made by the plaintiff within 10 days after such commencement leave of court granted with or without notice must first be obtained. The interrogatories shall be answered separately and fully in writing under oath. The answers shall be signed by the person making them; and the party upon whom the interrogatories have been served shall serve a copy of the answers on the party submitting the interrogatories within 15 days after the service of the interrogatories unless the court, on motion and notice and for good cause shown, enlarges or shortens the time. Within 10 days after service of interrogatories a party may serve written objections thereto together with a notice of hearing the objections at the earliest practicable time. Answers to interrogatories to which objection is made shall be deferred until the objections are determined. Interrogatories may relate to any matters which can be inquired into under section 26 (b) and the answers may be used to the same extent as provided in section 26 (d) for the use of the deposition of a party. Interrogatories may be served after a deposition has been taken, and a deposition may be sought after interrogatories have been answered, but the court, on motion of the deponent or the party interrogated, may make such protective order as justice may require. The number of interrogatories or of sets of interrogatories to be served is not limited except as justice requires to protect the party from annoyance, expense, embarrassment, or oppression. The provisions of section 30 (b) are applicable for the protection of the party from whom answers to interrogatories are sought under this rule. Section 34. Discovery and Production of Documents and Things for Inspection, Copying, or Photographing . (a) Generally, upon motion of any party showing good cause

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therefor and upon notice to all other parties, and subject to the provisions of section 30 (b), the court in which an action is pending may (1) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects, of tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by section 26 (b) and which are in his possession, custody, or control, or (2) order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated object or operation thereon within the scope of the examination permitted by section 26 (b). The order shall specify the time, place, and manner of making the inspection and taking the copies and photographs and may prescribe such terms and conditions as are just. (b) Discovery without court order . Copies of such designated documents or other things listed in (1) of subdivision (a) of this section as are subject to discovery without a showing of necessity or justification may be obtained without a court order by requiring such copies to be attached to the answers to interrogatories under section 33 or produced at a deposition hearing in response to a notice to produce. In lieu of furnishing copies of such documents or other things, the party against whom discovery is sought may afford an opportunity for their examination and copying. Copies of statements concerning the action or its subject-matter previously given by the party seeking such copy shall be obtainable without court order in accord with the procedures of this subdivision. Section 35. Physical And Mental Examination Of Persons. (a) Order for examination . In an action in which the mental or physical condition of a party is in controversy, the court in which the action is pending may order him to submit to a physical or mental examination by a physician. The order may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties and shall specify the time, place,

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manner, conditions, and scope of the examination and the person or persons by whom it is to be made. (b) Report of findings . (1) If requested by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions. After such request and delivery the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at the trial. (2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition. Section 36. Admission of Facts and of Genuineness of Documents. (a) Request for admission . After defensive pleadings have been filed in any civil action in any court of record in this State, a party may file with the clerk and serve upon any other party a written request for the admission by the latter of the genuineness of any relevant documents described in and exhibited with the request or of the truth of any relevant matters of act set forth in the request. Copies of the documents shall be served with the request unless copies have already been furnished. Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, not less than 15 days after service thereof or within such shorter or longer time as the court may allow on motion and notice, the party to whom the request is directed files with the clerk and serves upon the party requesting the admission either (1) sworn statement denying

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specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters or (2) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part, together with a notice of hearing the objections at the earliest practicable time. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party deny only a part or a qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. Provided, however, that a failure to answer said request for admissions within the time specified by this section or within the time set by the judge of the court in accordance with the provisions of this section shall not be deemed an admission where the party called upon for said admission can demonstrate to the satisfaction of the judge of the court before whom the cause is pending that the failure to answer was due to providential cause; that should said judge determine that said failure was due to providential cause, said request for said admissions shall thereafter be answered within such time and upon such terms as said judge shall direct. Provided, further, that any party who has answered any such request for admissions may file a motion with the judge of the court before whom said cause is pending to vacate or modify said answer, and, if, upon the hearing of said motion it shall be demonstrated to the satisfaction of the court that the moving party has come into possession of additional facts not known to him when said answer was made and which affect the validity of said answer, then said court shall permit said answer to be vacated or modified and further answer filed within such time and upon such terms as said judge shall direct; in which event only the modified or further answer shall be considered in any trial of the cause and any reference to the previous

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answer in the trial of said cause shall be ground for mistrial. (b) Effect of admission as to other proceedings . Any admission made by a party pursuant to such request is for the purpose of the pending action only and neither constitutes an admission by him for any other purpose nor may be used against him in any other proceeding. (c) Recovery of expenses of litigation and attorney's fees where sworn denial proved false . If a party, after being served with a request under this section, to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of any such documents or the truth of any such matter of fact, he may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney's fees. Unless the court finds that there were good reasons for the denial or that the admissions sought were of no substantial importance, the order shall be made. Section 37. Refusal To Make Discovery: Consequences. (a) Refusal to answer . If a party or other deponent refuses to answer any question propounded upon oral examination, the examination shall be completed on other matters or adjourned, as the proponent of the question may prefer. Thereafter, on reasonable notice to all persons affected thereby, he may apply to the court in the county where the deposition is taken for an order compelling an answer. Upon the refusal of a deponent to answer any interrogatory submitted under section 31 or upon the refusal of a party to answer any interrogatory submitted under section 33 the proponent of the question may on like notice make like application for such an order. If the motion is granted and if the court finds that the refusal was without substantial justification the court shall require the refusing party or deponent and the party or attorney advising the refusal or either of them to pay to the examining party the amount of the reasonable expenses incurred in obtaining the order, including reasonable attorney's fees. If the motion is denied

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and if the court finds that the motion was made without substantial justification, the court shall require the examining party or the attorney advising the motion or both of them to pay to the refusing party or witness the amount of the reasonable expenses incurred in opposing the motion, including reasonable attorney's fees. (b) Failure to comply with order. (1) Contempt . If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the court in the county in which the deposition is being taken, the refusal may be considered a contempt of that court. (2) Other consequences . If any party or an officer of managing agent of a party refuses to obey an order made under subdivision (a) of this rule requiring him to answer designated questions, or an order made under section 34 to produce any document or other thing for inspection, copying, or photographing or to permit it to be done, or to permit entry upon any land or other property, or an order made under section 35 requiring him to submit to a physical or mental examination, the court may make such orders in regard to the refusal as are just, and among others the following: (i) An order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (ii) An order refusing to allow the disobedient party to support or oppose designated claims or defenses; of prohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of physical or mental condition; (iii) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceedings or any part thereof,

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or rendering a judgment by default against the disobedient party; (iv) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party or agent of a party for disobeying any of such orders except an order to submit to a physical or mental examination. (c) Expenses on refusal to admit . If a party, after being served with a request based on section 36, to admit the genuineness of any documents or the truth of any matters of fact, serves a sworn denial thereof and if the party requesting the admissions thereafter proves the genuineness of any such document or the truth of any such matter of fact, he may apply to the order for an order requiring the other party to pay him the reasonable expenses incurred in making such proof, including reasonable attorney's fees. (d) Failure of party to attend or serve answers . If a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper notice, or wilfully fails to serve answers to interrogatories submitted under section 33, after proper service of such interrogatories, the court on motion and notice may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party. Section 38. Jury Trial of Right . The right of trial by jury as declared by the Constitution of the State or as given by a statute of the State shall be preserved to the parties inviolate. Section 39. Trial by Jury or by the Court . The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury. In all actions not triable of right by a jury, or where jury trial has been expressly waived, the court may nevertheless order a trial with a jury whose verdict will have the same effect as if trial by jury had been a matter or right or had not been waived.

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Section 40. Assignment of Cases for Trial . The courts shall provide for the placing of actions upon the trial calendar (1) without request of the parties but upon notice to the parties, or (2) upon request of a party and notice to the other parties. Except for cause cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute. Section 41. Dismissal of Actions. (a) Voluntary Dismissal . Subject to the provisions of Section 23 (c), of Section 66, and of any statute, an action may be dismissed by the plaintiff, without order of court, by filing a written notice of dismissal at any time before verdict. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. A dismissal under this paragraph is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has twice dismissed in any court an action based on or including the same claim. (b) Involuntary Dismissal: Effect Thereof . For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, operates as an adjudication upon the merits.

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(c) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim . The provisions of this Section also apply to the dismissal of any counterclaim, cross-claim, or third-party claim. (d) Cost of previously Dismissed Action . If a plaintiff who has dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the plaintiff shall first pay the court costs of the action previously dismissed. (e) Want of Prosecution . Any suit in which no written order is taken for a period of five years shall automatically stand dismissed with costs to be taxed against the party plaintiff. For the purposes of this Section an order of continuance will be deemed an order. Section 42. Consolidation; Separate Trials. (a) Consolidation . When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) Separate Trials . The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues. Section 43. Evidence. (a) Evidence on Trials . In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this Act or by statute. (b) Evidence on Motions . When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. Provided however, this provision shall not limit the right of parties to use depositions where they would otherwise be entitled to do so.

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Section 44 . (Reserved). Section 45 . (Reserved). Section 46. Exceptions Unnecessary . (a) Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him. (b) Where motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the Court. Section 47. Jurors. (a) Juries of less than Twelve . The parties may by written stipulation, filed of record, stipulate that the jury shall consist of any number less than that fixed by statute. (b) Alternate Jurors . The court may direct that one or two jurors in addition to the regular panel be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the principal jurors. An alternate juror who does not replace a principal juror shall be discharged after the jury retires to consider its verdict. If one or two alternate jurors are called each party is entitled to one peremptory

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challenge in addition to those otherwise allowed by law. The additional peremptory challenge may be used only against an alternate juror, and the other preemptory challenges allowed by law shall not be used against the alternates. Section 48 . (Reserved). Section 49. Special Verdicts . The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. Section 50. Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict. (a) Motion for Directed Verdict: When Made; Effect . A motion for a directed verdict may be made at the close of the evidence offered by an opponent or at the close of the case. A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that a motion is not granted without having reserved the right so to do and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor. The order of the court granting a motion for a directed verdict is effective without any assent of the jury. A verdict shall not be directed unless there is no conflict in the evidence as to any material issue and unless the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. (b) Motion for Judgment Notwithstanding the Verdict . Whenever a motion for a directed verdict made at the close

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of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Not later than 30 days after entry of judgment, a party who has moved for a directed verdict may move to have the verdict and any judgment entered thereon set aside and to have judgment entered in accordance with his motion for a directed verdict; or if a verdict was not returned such party, within 30 days after the jury has been discharged, may move for judgment in accordance with his motion for a directed verdict. A motion for a new trial may be joined with this motion, or a new trial may be prayed for in the alternative. If a verdict was returned, the court may allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as if the requested verdict had been directed. If no verdict was returned, the court may direct the entry of judgment as if the requested verdict had been directed or may order a new trial. (c) Same: Conditional Rulings on Grant of Motion . (1) If the motion for judgment notwithstanding the verdict, provided for in subdivision (b) of this Section, is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted and the judgment notwithstanding the verdict is reversed on appeal, the new trial shall proceed unless the appellate court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the appellee on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the appellate court. (2) The party whose verdict has been set aside on motion for judgment notwithstanding the verdict may serve a motion for a new trial not later than 30 days after entry of the judgment notwithstanding the verdict. (d) Same: Denial of Motion . If the motion for judgment notwithstanding the verdict is denied, the party who prevailed

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on that motion may, as appellee, assert grounds entitling him to a new trial in the event the appellate court concludes that the trial court erred in denying the motion for judgment notwithstanding the verdict. If the appellate court reverses the judgment, nothing in this Section precludes it from determining that the appellee is entitled to a new trial or from directing the trial court to determine whether a new trial shall be granted. Section 51. Instructions to Jury. Objection . (a) 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 request 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. The court shall cause all requests to charge presented to it to be filed with the clerk, unless previously filed. Section 52 . (Reserved). Section 53 . (Reserved). Section 54. Judgments. (a) Definition . Judgment as used in this Act includes a decree and any order from which an appeal lies. (b) Judgment Upon Multiple Claims or Involving Multiple Parties . When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the

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parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. (c) Demand for Judgment . A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings; but the court shall not give the successful party relief, though he may be entitled to it, where the propriety of such relief was not litigated and the opposing party had no opportunity to assert defenses to such relief. (d) Costs . Except where express provision therefor is made in a statute, costs shall be allowed as a matter of course to the prevailing party unless the court otherwise directs, but cost against the State of Georgia, its officers, agencies, and political subdivisions shall be imposed only to the extent permitted by the law. Section 55. Default. (a) Default judgment . If any case is not answered on or before the time required by these rules, such case shall automatically become in default unless the time for filing the answer has been extended as provided by law. The default may be opened as a matter or right by the filing of such defenses within fifteen days of the day of default, upon the payment of costs. If the case is still in default after the expiration of such period of fifteen days, the plaintiff, at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition were supported by proper evidence, without the intervention of a jury, unless the action is one ex delicto or involves unliquidated damages, in which event the plaintiff shall be required to introduce evidence and establish the amount of damages before the court without a jury as to ex contractu, and before a jury as to actions ex delicto with the right to move for a new trial in respect of such

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damages. An action based upon open account shall not be considered one for unliquidated damages within the meaning of this Section. (b) Opening default . At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of a plea or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and announce ready to proceed with the trial. Section 56. Summary Judgment. (a) For Claimant . A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. (b) For Defending Party . A party against whom a claim, counterclaim or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits, for a summary judgment in his favor as to all or any part thereof. (c) Motion and Proceedings Thereon . The motion shall be served at least 30 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law; but nothing in this Section shall be construed as denying to any party the right to trial by jury where there are substantial issues of fact to be determined. A summary judgment may be rendered

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on the issue of liability alone although there is a genuine issue as to the amount of damage. (d) Case Not Fully Adjudicated on Motion . If on motion under this Section judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel shall, if practicable, ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly. (e) Form of Affidavits: Further Testimony: Defense Required . Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in the evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or serve therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. All affidavits shall be filed with the court and copies thereof shall be served on the opposing parties. When a motion for summary judgment is made and supported as provided in this Section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this Section, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him. (f) When Affidavits are Unavailable . Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavits facts essential to justify his opposition, the court may refuse the

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application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. (g) Affidavits Made in Bad Faith . Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to this Section are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party may be adjudged guilty of contempt. (h) Appeal . An order granting summary judgment on any issue, or as to any party shall be subject to review by appeal; but an order denying summary judgment is not an appealable order. Section 57 . (Reserved). Section 58. Entry of Judgment. (a) Signing . Except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk. (b) When Judgment Entered . The filing with the clerk of a judgment, signed by the judge, constitutes the entry of such judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same, as hereinbefore provided. The entry of the judgment shall not be delayed for the taxing of costs. Section 59 . (Reserved). Section 60. Relief from Judgments. (a) Collateral Attack . A judgment void on its face may be attached in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods hereinafter prescribed. (b) Methods of Direct Attack . A judgment may be attacked by motion for new trial, motion to set aside, or by

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complaint in equity. Judgments may be attacked by motion only in the court of rendition. Judgments may be attacked by complaint in equity in any superior court of appropriate jurisdiction, but generally judgments shall not be set aside without just cause, and in setting aside or otherwise modifying judgments, the Courts shall consider whether rights have vested thereunder, and whether or not innocent parties would be injured thereby. (c) Motion for New Trial . A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record of pleadings. (d) Motion to Set Aside . A motion to set aside must be predicated upon some nonamendable defect which does appear upon the face of the record or pleadings. To be subject to motion to set aside, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show that no claim in fact existed. (e) Complaint in Equity . Complaint in equity may be brought to set aside a judgment for fraud, accident or mistake, or the acts of the adverse party unmixed with the negligence or fault of the complainant. Where a judgment is subject to be set aside in equity, the court may grant such other and further relief, legal or equitable, as may be necessary to afford complete relief. (f) Procedure: Time of Relief . Reasonable notice by rule nisi shall be afforded the parties on all motions. Relief in equity must proceed by complaint and summons. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time now or hereafter prescribed by law. In all other instances, all motions, complaints or other proceedings to set aside or attack judgments shall be brought within three (3) years from entry of the judgment complained of. (g) Clerical Mistakes . Clerical mistakes in judgments, orders or other parts of the record and errors therein arising

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from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. (h) Law of the Case Rule . The law of the case rule is hereby abolished. Section 61. Harmless Error . No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. Section 62. Stay of Proceedings to Enforce a Judgment. (a) Stay Upon Entry of Judgment . No execution shall issue upon a judgment nor shall proceedings be taken from its enforcement until the expiration of 10 days after its entry. (b) Stay on Motion for New Trial or for Judgment . In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial, or of a motion for judgment in accordance with a motion for a directed verdict made pursuant to Rule 50. (c) Injunction Pending Appeal . When an appeal is taken from an interlocutory or final judgment granting, dissolving, or denying an injunction, the court in its discretion may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as to bond or otherwise as it considers proper for the security of the rights of the adverse party. (d) Stay in Favor of the State or Agency Thereof . When an appeal is taken by the State or by any county, city or

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town within the State, or an officer or agency thereof and the operation or enforcement of the judgment is stayed, no bond, obligation, or other security shall be required from the appellant. (e) Power of Appellate Court not Limited . The provisions in this Section do not limit any power of an appellate court or of a judge or justice thereof to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve that status quo or the effectiveness of the judgment subsequently to be entered. (f) Stay of Judgment as to Multiple Claims or Multiple Parties . When a court has ordered a final judgment under the conditions stated in Section 54 (b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered. Section 63 . (Reserved). Section 64 . (Reserved). Section 65. Injunctions. (a) Preliminary: Notice . No interlocutory injunctions shall be issued without notice to the adverse party. (b) Temporary Restraining Order; Notice; Hearing: Duration . No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; and shall expire by its terms within such time after entry, not to exceed 45 days, as the court fixes, unless the party against whom

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the order is directed consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the motion for an interlocutory injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for an interlocutory injunction, and if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (c) Security . As a prerequisite to the issuance of a restraining order or interlocutory injunction the court may require the giving of security by the applicant, in such sum as the court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. A surety upon a bond or undertaking under this Section 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 or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to the persons giving the security, if their addresses are known. (d) Form and Scope of Injunction or Restraining Order . Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive notice of the order by personal service or otherwise.

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(e) When Inapplicable . This Section is not applicable to suits for divorce, alimony, separate maintenance or custody of children. In such suits, the court may make prohibitive or mandatory orders, with or without notice or bond, and upon such terms and conditions as the court may deem just. Section 66. Receivers . An action wherein a receiver has been appointed shall not be dismissed except by order of the court. Section 67. Deposit in Court . In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate. Section 68 . (Reserved). Section 69. Execution . Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. In aid of the judgment or execution, the judgment creditor or his successor in interest when that interest appears of record, may examine any person, including the judgment debtor, in the manner provided in this Act for taking depositions. Section 70. Judgment for Specific Acts; Vesting Title . A decree for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. Such decree, certified by the clerk, shall be recorded in the registry of deeds in the county where the land lies, and shall stand in the place of a deed. In all other cases where a judgment directs a party to perform other specific acts and the party fails to comply within the time specified, the court may direct the acts to be done at the cost of the disobedient party by some other person appointed by the court and acts when so done have like effect as if done by the party. The court may also in

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proper cases adjudge the party in contempt. If real or personal property is within the State, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon oral or written application to the clerk. Sections 71-77 . (Reserved). Section 78. Motion Day . Unless local conditions make it impracticable, each court shall establish regular times and places, at intervals sufficiently frequent for the prompt dispatch of business, at which motions requiring notice and hearing may be heard and disposed of; but the judge at any time or place and on such notice, if any, as is reasonable may make orders for the advancement, conduct, and hearing of actions. Sections 79 and 80 . (Reserved). Section 81. Applicability in General . Except as explicitly provided in this Act, nothing in this Act shall be construed to repeal any specific rule of practice and procedure pertaining not to civil proceedings in general but to a particular type of proceeding such as, but not limited to, the specific rules of practice and procedure established in the following provisions of law: (a) Ga. Code, Title 7, as amended, Arbitration and Award. (b) Ga. Code, Title 8, as amended, Attachments. (c) Ga. Code, Title 10, as amended, Reports of Auditors. (d) Ga. Code, Title 19, as amended, Certiorari; (e) Ga. Code, Title 22, as amended, Application for corporate charter; charter amendments, mergers, consolidation, dissolution and domestication;

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(f) Ga. Code, Chap. 24-2, as amended. Applications for money rule against court officers; (g) Ga. Code, Chap. 24-7, as amended, Suits against justices of the peace; (h) Ga. Code, Title 30, as amended, Divorce and alimony; provided, however, in all actions for divorce where the defendant shall reside out of this State, and it shall be necessary to perfect service upon such defendant by publication, such service shall be perfected in accordance with the provisions of this Act. (i) Ga. Code, Chap. 31-202, as amended, Application for dower. (j) Ga. Code, Title 33, as amended, Ejectment; (k) An Act approved June 24, 1964 (Ga. L. 1964, Ex. Sess. pp. 26-220), Election Code. (l) Ga. Code, Title 36, as amended. Eminent domain. (m) Ga. Code, Chaps. 37-9 through 37-15, as amended, Extraordinary equitable remedies. (n) Ga. Code, Title 39, as amended; Executions. (o) Ga. Code, Title 46, as amended, Garnishment. (p) Ga. Code, Title 50, as amended, Habeas corpus. (q) Ga. Code, Title 55, as amended, Injunctions and receivers; (r) Ga. Code, Title 60, as amended, Land registration. (s) Ga. Code, Title 61, as amended, Landlord and Tenant. (t) Ga. Code, Title 63, as amended, Lost papers. (u) Ga. Code, Title 64, as amended, Mandamus, quo warranto and prohibition;

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(v) Ga. Code, Title 67, as amended, Foreclosure of liens and mortgages; (w) Ga. Code, Title 82, as amended, Possessory warrants. (x) Ga. Code, Title 83, as amended, Private ways. (y) Ga. Code, Chap. 85-16, as amended, Processioning. (z) Ga. Code, Chap. 86-3 and 87-4, as amended, Validation of bonds. (aa) Ga. Code, Chap. 105-16, as amended, Forcible entry and detainer. (bb) Ga. Code, Title 107, as amended, Trover. (cc) Ga. Code, Title 113, as amended, Wills and administration of estates. Provided, however, the sufficiency and content of the pleadings, modes of defense, the extent of joinder of parties and claims and the allowing of amendments in such proceedings shall be governed by this Act in lieu of existing specific rules of practice and procedure pertaining thereto, unless the court shall determine application of the specific rule more appropriate. Section 82. Jurisdiction and Venue Unaffected . This Act shall not be construed to extend or limit the jurisdiction of the courts or the venue of actions therein. Section 83. Local Court Rules . Each court by action of a majority of the judges thereof may from time to time make and amend rules governing its practice not inconsistent with the provisions of this Act or any other statute. Section 84. Forms . The forms contained in Sections 101 through 134 of this Act are sufficient under the provisions of this Act and are intended to indicate the simplicity and brevity of statement which this Act contemplates. Section 85. Title . This Act may be known and cited as the Georgia Civil Practice Act.

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Section 86. Effective Date . This Act shall become effective March 1, 1967 and shall govern all proceedings in actions brought after it takes effect and also all further proceedings in actions then pending, except to the extent that in the opinion of the court its application in a particular action pending when this Act takes effect would not be feasible or would work injustice, in which event the former procedure applies. Sections 87-100 . (Reserved). Section 101. Form of Summons . To the above-named Defendant: You are hereby summoned and required to file with the clerk of said court and serve upon....., plaintiff's attorney, whose address is....., an answer to the complaint which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. ..... Clerk of Court. Section 102 . (Reserved). Section 103. Form of Complaint on a Promissory Note . 1. Defendant on or about June 1, 1965, executed and delivered to plaintiff a promissory note (in the following

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words and figures: (here set out the note verbatim); (a copy of which is hereto annexed as Exhibit A); (whereby defendant promised to pay to plaintiff or order on June 1, 1966, the sum of ten thousand dollars with interest thereon at the rate of six percent per annum). 2. Defendant owes to plaintiff the amount of said note and interest. Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed: ..... Attorney for Plaintiff. Address: ..... Section 104. Form of Complaint on an Account . Defendant owes plaintiff ten thousand dollars according to the account hereto annexed as Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed: ..... Attorney for Plaintiff. Address: ..... Section 105. Form of Complaint for Goods Sold and Delivered . Defendant owes plaintiff ten thousand dollars for goods sold and delivered by plaintiff to defendant between June 1, 1966 and December 1, 1966.

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Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed:..... Attorney for Plaintiff. Address:..... Section 106. Form of Complaint for Money Lent . Defendant owes plaintiff ten thousand dollars for money lent by plaintiff to defendant on June 1, 1966. Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed:..... Attorney for Plaintiff. Address:..... Section 107. Form of Complaint for Money Paid by Mistake . Defendant owes plaintiff ten thousand dollars for money paid by plaintiff to defendant by mistake on June 1, 1966, under the following circumstances: (here state the circumstances with particularity). Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed:..... Attorney for Plaintiff. Address:..... Section 108. Form of Complaint for Money Had and Received .

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Defendant owes plaintiff ten thousand dollars for money had and received from one G. H. on June 1, 1966, to be paid by defendant to plaintiff. Wherefore, plaintiff demands judgment against defendant for the sum of ten thousand dollars, interest, costs, and attorney fees (where applicable). Signed:..... Attorney for Plaintiff. Address:..... Section 109. Form of Complaint for Negligence . 1. On June 1, 1966, in a public highway called Broad Street in Athens, Georgia, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken, and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore, plaintiff demands judgment against defendant in the sum of ten thousand dollars and costs. Section 110. Form of Complaint for Negligence Where Plaintiff is Unable to Determine Definitely Whether the Person Responsible is C. D. or E. F. or Whether Both are Responsible and Where His Evidence May Justify a Finding of Wilfulness or of Recklessness or of Negligence . 1. On June 1, 1966, in a public highway called Broad Street in Athens, Georgia, defendant C. D. or defendant

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E. F., or both defendant C. D. and E. F. wilfully or recklessly or negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore, plaintiff demands judgment against C. D. or against E. F. or against both in the sum of ten thousand dollars and costs. Section 111. Form of Complaint for Conversion . On or about December 1, 1966, defendant converted to his own use ten bonds of the..... Company (here insert brief identification as by number and issue) of the value of ten thousand dollars, the property of plaintiff. Wherefore, plaintiff demands judgment against defendant in the sum of ten thousand dollars, interest, and costs. Section 112. Form of Complaint for Specific Performance of Contract to Convey Land . 1. On or about December 1, 1966, plaintiff and defendant entered into an agreement in writing, a copy of which is hereto annexed as Exhibit A. 2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 3. Plaintiff now offers to pay the purchase price. Wherefore, plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted, plaintiff have judgment against defendant in the sum of ten thousand dollars.

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Section 113. Form of Complaint on Claim for Debt and to Set Aside Fraudulent Conveyance Under Section 18 (b) . 1. Defendant C. D. on or about..... executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant C. D. promised to pay to plaintiff or order on..... the sum of Five Thousand Dollars with interest thereon at the rate of..... per cent per annum). 2. Defendant C. D. owes to plaintiff the amount of said note and interest. 3. Defendant C. D. on or about..... conveyed all his property, real and personal (or specify and describe) to defendant E. F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to. Wherefore, plaintiff demands: (1) That plaintiff have judgment against defendant C. D. for ten thousand dollars and interest; (2) that the aforesaid conveyance to defendant E. F. be declared void and the judgment herein declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs. Section 114. Form of Complaint for Negligence Under Federal Employers' Liability Act . (1) During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at..... and known as Tunnel No.......

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(2) On or about June 1, 1966, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce. (3) In the course of thus repairing and enlarging the tunnel on said day defendant employed plaintiff as one of its workmen, and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported. (4) By reason of defendant's negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to defendant's orders, struck and crushed by a rock, which fell from the unsupported portion of the tunnel, and was (here describe plaintiff's injuries.) (5) Prior to these injuries, plaintiff was a strong ablebodied man capable of earning..... dollars per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of..... dollars for medicine, medical attendance, and hospitalization. Wherefore plaintiff demands judgment against defendant in the sum of..... dollars and costs. Sections 115-119 . (Reserved). Section 120. Form of Complaint for Interpleader and Declaratory Relief . (1) On or about June 1, 1965, plaintiff issued to G. H. a policy of life insurance whereby plaintiff promised to pay to K. L. as beneficiary the sum of ten thousand dollars upon the death of G. H. The policy required the payment by G. H. of a stipulated premium on June 1, 1966, and annually thereafter as a condition precedent to its continuance in force.

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(2) No part of the premium due June 1, 1966, was ever paid and the policy ceased to have any force or effect after July 1, 1966. (3) Thereafter, on September 1, 1966, G. H. and K. L. died as the result of a collision between a locomotive and the automobile in which G. H. and K. L. were riding. (4) Defendant C. D. is the duly appointed and acting executor of the will of G. H., defendant E. F. is the duly appointed and acting executor of the will of K. L.; defendant X. Y. claims to have been duly designed as beneficiary of said policy in place of K. L. (5) Each of the defendants, C. D.; E. F.; and X. Y. is claiming that the above-mentioned policy was in full force and effect at the time of the death of G. H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof. (6) By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G. H. Wherefore, plaintiff demands that the court adjudge: (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof. (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof. (3) That, if the court shall determine that said policy was in force at the death of G. H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy.

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(4) That plaintiff recover its costs. Section 121. Form of Motion to Dismiss, Presenting Defense of Failure to State a Claim. The defendant moves the court as follows: (1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. Signed:..... Attorney for Defendant Address:..... Notice of Motion To:..... Attorney for Plaintiff. ..... Please take notice, that the undersigned will bring the above motion on for hearing before this Court at....., on the..... day of....., 19....., at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard. Signed:..... Attorney for Defendant Address:..... Section 122. Form of Answer Presenting Defenses Under Section 12 (b) . First Defense: The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense: If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is subject to the jurisdiction of the court; and has not been made a party.

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Third Defense: Defendant admits the allegations contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint. Fourth Defense: The right of action set forth in the complaint did not accrue within six years next before the commencement of this action. Counterclaim: (Here set forth any claim as a counter-claim in the manner in which a claim is pleaded in a complaint.) Cross-Claim Against Defendant M. N.: (Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint.) Section 123. Form of Answer to Complaint Set Forth in Section 110, with Counter-Claim for Interpleader . Defense: Defendant denies the allegations stated to the extent set forth in the counterclaim herein. Counterclaim for Interpleader: (1) Defendant received the sum of ten thousand dollars as a deposilt from E. F. (2) Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E. F. (3) E. F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore, defendant demands: (1) That the court order E. F. to be made a party defendant to respond to the complaint and to this counter-claim.

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(2) That the court order the plaintiff and E. F. to interplead their respective claims. (3) That the court adjudge whether the plaintiff or E. F. is entitled to the sum of money. (4) That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. (5) That the court award to the defendant its costs and attorney's fees. Section 124. Form of Summons and Complaint Against Third-Party Defendant . To the above-named Third-Party Defendant: You are hereby summoned and required to file with the clerk of said court and serve upon....., plaintiff's attorney whose address is....., and upon....., who is attorney for C. D., defendant and third-party plaintiff, and whose address is....., an answer to the third-party complaint which is herewith served upon you within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default

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will be taken against you for the relief demanded in the third-party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. ..... Clerk of Court 1. Plaintiff A. B. has filed against Defendant C. D. a complaint, a copy of which is hereto attached as Exhibit A. 2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.) Wherefore, C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B. Signed:..... Attorney for C. D., Third- Party Plaintiff. Address:..... Section 125. Form of Motion to Intervene as a Defendant Under Section 24 .

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E. F. moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in his proposed answer, of which a copy is hereto attached, on the ground that...... Signed:..... Attorney for E. F., Applicant for Intervention. Address:..... Notice of Motion First Defense: Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 insofar as they assert the......

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Second Defense: (Set Fourth Defenses) Signed:..... Attorney for E. F., Intervener Address:..... (Like form if intervention is as plaintiff). Section 126. Form of Motion for Production of Documents, etc. Under Section 34 . Plaintiff A. B. moves the court for an order requiring defendant C. D. (1) To produce and to permit plaintiff to inspect and to copy each of the following documents: (Here list the documents and describe each of them.) (2) To produce and permit plaintiff to inspect and to photograph each of the following objects: (Here list the objects and describe each of them.) (3) To permit plaintiff to enter (here describe property to be entered) and to inspect and to photograph (here describe the portion of the real property and the objects to be inspected and photographed.) Defendant C. D. has the possession, custody, or control of each of the foregoing documents and objects and of the above-mentioned real estate. Each of them constitutes or contains evidence relevant and material to a matter involved in this action, as is more fully shown in Exhibit A hereto attached. Signed:..... Attorney for Plaintiff Address:.....

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Notice of Motion (Contents the same as in Section 121) Exhibit A State of....., County of....., A. B., being first duly sworn says: (1) (here set forth all that plaintiff knows which shows that defendant has the papers or objects in his possession or control). (2) (Here set forth all that plaintiff knows which shows that each of the above-mentioned items is relevant to some issue in the action.) Signed: A. B. Section 127. Form of Request for Admission Under Section 36 . Plaintiff A. B. requests defendant C. D. within days after service of this request to make the following admissions for the purpose of this section only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document). 2. That each of the following statements is true. (Here list the statements). Signed:..... Attorney for Plaintiff Address:..... Sections 128-132 . (Reserved).

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Section 133. Form of Judgment on Jury Verdict . This action came on for trial before the court and a jury, Honorable John Marshall, presiding, and the issues having been duly tried and the jury having duly rendered its verdict. It Is Ordered and Adjudged (that the plaintiff A. B. recover of the defendant C. D. the sum of....., with interest thereon at the rate of..... per cent as provided by law, and his costs of action.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.) Dated at....., Georgia, this..... day of....., 19...... ..... Judge Section 134. Form of Judgment on Decision by the Court .

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This action came on for (trial) (hearing) before the court, Honorable John Marshall, Judge, presiding, and the issues having been duly (tried) (heard) and a decision having been duly rendered, It Is Ordered and Adjudged (that the plaintiff A. B. recover the defendant C. D. the sum of....., with interest thereon at the rate of..... per cent as provided by law, and his costs of action.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C. D. recover of the plaintiff A. B. his costs of action.) Dated at....., Georgia, this..... day of....., 19...... ..... Judge Section 135. Specific Repealer . In respect to those courts and actions to which this Act is applicable, the following statutes, acts and code sections are hereby repealed: (a) Section 3-110, Section 3-112, Section 3-113 and Section 3-114, which sections relate to joinder of claims and consolidation of cases. (b) Sections 3-401 through 405 and Sections 3-410 through 410, which sections relate to making parties pending action. (c) Section 3-510 and Section 3-512, which sections relate to dismissal of actions. (d) Section 3-809, which section relates to claims pleaded as set-off. (e) Section 37-903, which section relates to amendments in equitable actions. (f) Section 37-1002, which section relates to class actions.

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(g) Section 37-1102, which section relates to trial term for equitable actions; Section 37-1104 and Section 37-1105, which sections relate to special verdicts in equitable actions. (h) Section 37-1202, which section relates to decrees for specific performance operating as a deed; Section 37-1207, which section relates to execution of money decree. (i) Section one (1) of an Act approved March 25, 1959 (Ga. L. 1959, pp. 425-43); Ga. Code Ann. Sections 38-2101 through 2112). (j) Sections 55-201 through 204, which sections relate to the procedure for granting and dissolving injunctions. (k) Section 81-101 and 102; Section 81-103, as amended by an Act approved December 22, 1953 (Ga. L. 1953, Nov. Sess., pp. 440, 444); Section 81-104 through 108; Section 81-111, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 767); Section 81-112, as amended by an Act approved February 1, 1946, (Ga. L. 1946, pp. 761, 767); Section 81-113 insofar as applicable to the grant of temporary restraining orders, which shall hereafter be governed by Section 65 of this Act, otherwise the effect of said section shall continue unimpaired; Section 81-114 through 116, which sections and acts all relate to the commencement of suits and the form of petitions. (l) Section 81-201, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 768); Section 81-202, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 769); and an Act approved December 22, 1953 (Ga. L. 1953, Nov. Sess, pp. 440, 451); Section 81-203 through 205, Section 81-207, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 771) and an Act approved March 25, 1958 (Ga. L. 1958, pp. 315, 317); Section 81-208 through 210; an Act approved March 7, 1960 (Ga. L. 1960, pp. 204-205); Section 81-213 and 214; Section 81-216; Section 81-217 through 221, which sections and acts all relate to process and service thereof. (m) Section 81-301, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 763), and Act approved

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February 15, 1952 (Ga. L. 1952, pp. 162-163); and an Act approved (Ga. L. 1953, p. 21); Section 81-302 through 304, Section 81-305, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 764); Section 81-306 through 311, which sections and acts are related to defense and modes of making. (n) Section 81-403 through 406, which sections relate to dilatory pleas. (o) Sections 81-501 through 503, which sections relate to pleas to the jurisdiction. (p) Section 81-601, which section relates to plea of failure of consideration. (q) Sections 81-701 and 702, which section relates to pleas of non est factum and nul tiel record. (r) Sections 81-801 and 802, which sections relate to plea of set-off. (s) Section 81-901, which section relates to the plea of usury. (t) Section 81-1001, which section relates to time and place for determining sufficiency of pleadings, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 775) and an approved (Ga. L. 1953, Nov. sess, pp. 82), except that portion of the Act of 1953 which provides as follows: Either party who amends or attempts to amend his petition or other pleadings in response to order or other ruling of court shall not be held to have waived his objection to such order or ruling but may thereafter take exception thereto as in other cases. (u) Section 81-1002, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 765); Section 81-1003, as amended by an Act approved March 28, 1935 (Ga. Laws 1935, pp. 481-83); an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 776); and an Act approved February 13, 1956 (Ga. L. 1956, pp. 68-69), which sections and Acts relate to proceedings pending trial.

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(v) An Act approved February 25, 1953 (Ga. L. 1953, pp. 224-26), which Act relates to admission of facts and genuineness of documents; and an Act approved February 27, 1953 (Ga. L. 1953, pp. 269-70), which Act relates to pretrial procedure. (w) Section 81-1101, which section relates to requests to charge. (x) Section 81-1201, which section relates to amendments. (y) Section 81-1301 through 1313, which sections relate to amendments of pleadings and process. (z) Section 105-105, which section relates to election between tort and contract causes of action. (aa) Section 110-102, which relates to the specification of the plea upon which a verdict is rendered. (bb) Section 110-104, as amended by an Act approved March 28, 1961 (Ga. L. 1961, pp. 216-17), which section relates to direction of verdict. (cc) An Act approved November 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess. pp. 440, 444-45; Ga. Code Ann. 110-113), as amended by an Act approved March 7, 1957 (Ga. L. 1957, pp. 224, 235-36), which Acts relate to judgments notwithstanding the verdict. (dd) Section 110-310, which section relates to nonsuits. (ee) Section 110-401, as amended by an Act approved February 1, 1946 (Ga. L. 1946, pp. 761, 777); and an Act approved February 15, 1952 (Ga. L. 1952, pp. 195-196); and an Act approved December 22, 1953 (Ga. L. 1953, Nov. Sess. pp. 440, 451); and an Act approved March 6, 1962 (Ga. L. 1962, pp. 687-89); which section relates to default judgments. (ff) An Act approved March 17, 1959 (Ga. L. 1959, pp. 234-236), Ga. Code Ann. 110-1201 through 1209, which Act relates to summary judgment.

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(gg) Section 33-117, which section relates to the form of petition for the recovery of land and profits. (hh) An Act approved February 13, 1959 (Ga. L. 1959, pp. 44-46), which Act relates to service of process against organization or association. (ii) An Act approved March 13, 1957 (Ga. L. 1957, pp. 466-68), which Act relates to alternate jurors. (jj) Code Sections 110-701, 110-702, 110-703, 110-704, 110-706, 110-707, 110-708, 110-710 and 37-219, relating to motions in arrest, motions to set aside, petitions in equity to set aside, and other like remedies. Section 136. General Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. BANKS AND BANKINGPRIVATE BANKS. Code 13-204 Amended. No. 590 (Senate Bill No. 89). An Act to amend Code section 13-204 relating to private banks or private bankers, as amended, by an Act approved March 24, 1960 (Ga. L. 1960, p. 1170), so as to provide that no individual, partnership, person, firm, company, or voluntary association, shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the Banking Laws of this State or of the United States; 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 13-204 relating to private banks or private bankers, as amended, by an Act approved March

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24, 1960 (Ga. L. 1960, p. 1170), is hereby amended by striking code section 13-204 in its entirety and substituting in lieu thereof a new Code section 13-204 to read as follows: 13-204. Banking Business Prohibited Without Charter Or Certificate .No individual, partnership, person, firm, company, or voluntary association, shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the Banking Laws of this State or of the United States. Section 2. The provisions of this Act shall become effective at 12:01 a.m. on January 1, 1968. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. THE REGULATED CERTIFICATED BANK ACT. Code 13-204, 13-9934; Code Chapter 13-12 Repealed. No. 591 (Senate Bill No. 88). An Act to provide for the incorporation of regulated certificated banks; to provide for a short title; to provide that certain banking laws relative to State chartered banks shall apply to regulated certificated banks, including penal provisions therein; to define certain terms; to provide for taxation of regulated certificated banks; to provide for insolvency; to provide for suits by the Superintendent of Banks; to provide for the procedure for applying for a certificate to incorporate as a regulated certificated bank; to provide for certain requirements in connection therewith; to provide that such certificates shall be granted only to certain persons; to provide for certain information to be furnished to the Superintendent by the applicants; to provide for examination and determination of application for certificate; to provide

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for the issuance of a certificate of incorporation; to provide for the payment of capital; to provide for the maintenance of minimum capital structure; to provide for a permit to begin business; to provide for deposit insurance; to provide for annual and special examinations; to provide for examinations on oath; to provide for subpoena powers; to provide for a written report of examination; to provide for fees to cover the cost of examinations; to provide for collection and recording of fees for examination; to provide that examinations shall not be at stated times; to provide that information obtained in making examinations shall be kept secret; to provide for exceptions; to provide for the introduction of reports of examinations as evidence; to provide for the amendment of bank certificates and the requirements in connection therewith; to provide for an increase of capital from surplus and undivided profits; to provide that increases in capital stock shall first be offered to stockholders; to provide for the renewal of bank certificates and the requirements in connection therewith; to provide for the retention and disposition of bank records; to provide that regulated certificated banks shall not have trust powers or the authority to establish branch banks; to provide that certain persons shall cease doing a banking business within a certain period of time after the effective date of this Act; to provide the procedures connected with the foregoing; to provide for penalties; to repeal certain laws; to provide for the construction of this Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title . This Act shall be known as and may be cited as The Regulated Certificated Bank Act. Article I. General Provisions . Section 2. Applicability of Other Banking Laws . All banks incorporated under the provisions of this Act and doing a banking business in this State shall be subject to the provisions of the following Chapters of Title 13 of the Code

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of Georgia of 1933, known as The Banking Law, as the same is now or may hereafter be amended, to wit: Chapter 13-3, relating to the Department of Banking Chapter 13-5, relating to reports of banks Chapter 13-6, relating to communications from Department of Banking Chapter 13-7, relating to impairment of capital Chapter 13-8, relating to possession of bank by Superintendent of Banks Chapter 13-14, relating to merger or consolidation of banks Chapter 13-15, relating to voluntary liquidation and dissolution Chapter 13-16, relating to forfeiture of charter Chapter 13-17, relating to mandamus against Superintendent of Banks Chapter 13-18, relating to powers of banks Chapter 13-19, relating to liability of stockholders Chapter 13-20, relating to regulation of the business of banking Chapter 13-99, relating to crimes and misdemeanors. Provided, however, for the purposes of this Act, wherever the terms bank or state bank appear in said Code Chapters herein enumerated, they shall be deemed to mean bank, as defined in this Act. Provided further, however, that for the purposes of this Act, wherever the terms charter or chartered appear in said Code Chapters herein enumerated, they shall be deemed to mean certificate

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or certificated, as said terms are used in connection with regulated certificated banks in this Act. Section 3. Definitions . (a) The term bank as used in this Act means a regulated certificated bank incorporated under the provisions of this Act and authorized to receive deposits of money and commercial paper, to make loans, to discount bills, notes and other commercial paper, to buy and sell bills of exchange and to issue bills, notes, acceptances or other evidences of debt, but shall not include banks as defined in Section 13-201 of the Code of Georgia of 1933, as amended. (b) The term city or town as used in this Act means a municipal corporation incorporated and chartered pursuant to an Act of the General Assembly of Georgia, which describes the territorial boundaries and limits of such municipal corporations. (c) The term village as used in this Act means an assemblage or aggregation of houses for dwellings or business, or both, reasonably contiguous to each other and identifiable and generally known as a village or community but unincorporated and not chartered as a municipal corporation under the laws of the State of Georgia. For the purpose of this Act, the territorial boundaries and limits of a village shall be fixed by the Superintendent of Banks upon the grant of a certificate to a bank situated in a village; provided, however, the territorial boundaries and limits of a village shall not extend beyond three (3) miles in any direction from the geographic center of the village and shall not contain more than twelve (12) square miles in total area; and provided further that a plat showing the boundaries of such a village shall be filed in the office of the Superintendent as a public record; and also provided that such village shall not extend into the territory or incorporated area of any municipal corporation. (d) The term depositor as used in this Act means any person who shall deposit money or commercial paper in any bank, either on open account, subject to check, or to be

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withdrawn otherwise than by check, whether interest is allowed thereon or not, and shall include holders of demand and time certificates of deposit lawfully issued. (e) The term surplus as used in this Act means the portion or portions of the undivided profits which have been formally set apart by resolution of the board of directors and carried to surplus account on the books of account of the bank, as well as such amount as may be paid in by stockholders for the purpose of creating a surplus. (f) The term undivided profits as used in this Act means the net profits as shown by the books of account of the bank, in addition to the surplus, less such amount as may be held for the payment of current expenses, taxes, interest on savings deposits and dividends to stockholders. Section 4. Taxation . Taxation of all banks as defined in this Act shall be in the manner provided in Section 92-2406 of the Code of Georgia and all Acts amendatory and supplementary thereof. Section 5. Insolvency of Banks . A bank shall be deemed to be insolvent, first, when it cannot meet its liabilities as they become due in the regular course of business; second, when the actual cash market value of its assets is insufficient to pay its liabilities to depositors and other creditors; third, when its reserve shall fall under the amount herein required and it shall fail to make good such reserve within thirty (30) days after being required to do so by the Superintendent of Banks. Section 6. Suits by Superintendent of Banks . The Superintendent of Banks of this State may bring a civil action to enjoin the violation of any provision of this Act in the Superior Court of the county wherein is located the residence of any individual in violation of this Act or the principal office of any bank violating the provisions of this Act. Article II. Incorporation of Regulated Certificated Banks .

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Section 7. Application for Certificate to Incorporate as a Regulated Certificated Bank . (a) Any five or more persons, one of whom shall be a private banker registered as such with the Superintendent of Banks and actively engaged in the banking business with the general public and receiving deposits of money, making loans and dealing in commercial paper on January 1, 1966, may file an application, in writing, signed by each of them, in the office of Secretary of State, to form a corporation for the purpose of carrying on the business of banking as a regulated certificated bank. Provided, however, any person who files an application for incorporation as a regulated certificated bank who is registered as a private banker with the Superintendent of Banks on January 1, 1966 shall not be eligible to file any other application for incorporation as a regulated certificated bank, either at the same time or at any future time. Provided further, however, where there is more than one registered owner of any private bank, only one of such owners shall be eligible to apply for a certificate of incorporation as a regulated certificated bank. (b) Said application for incorporation as a regulated certificated bank shall contain the following information: (1) The name by which such bank is to be known. (2) The particular city, town or village where the bank is to be located, which shall be the same city, town or village in which the private bank seeking incorporation was located on January 1, 1966. (3) The minimum capital structure, which shall include capital, surplus and undivided profits as follows: For total deposits of $250,001.00 to $500,000.00, a minicapital structure of $25,000.00, of which at least $25,000.00 shall be represented by capital stock. For total deposit of $250,001.00 to $500,000.00, a minimum capital structure of $50,000.00, of which at least $25,000.00 shall be represented by capital stock.

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For total deposits of $500,001.00 to $750,000.00, a minimum capital structure of $75,000.00, of which at least $25,000.00 shall be represented by capital stock. For total deposits of $750,001.00 to $1,000,000.00, a minimum capital structure of $100,000.00, of which at least $50,000.00 shall be represented by capital stock. For total deposits in excess of $1,000,000.00, a minimum capital structure of ten per cent (10%) of such deposits, of which at least $50,000.00 shall be represented by capital stock. (4) The number of shares into which such capital stock shall be divided, provided the par value of each share of stock shall not be less than $1.00, and if the par value of each share is other than $100.00, 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 be at least three (3) but not more than twenty-five (25). (c) Said application shall be filed in triplicate and a fee of $50.00 shall be paid to the Secretary of State, to be deposited by him into the State Treasury, on filing the application, and the Secretary of State shall not receive said application until said fee shall be paid. Section 8. Application to be Published . When the application is filed, the Secretary of State shall certify one of the copies thereof and deliver the same to the applicants, and the same shall be published by the applicants in the newspaper in which the Sheriff's advertisements of the county in which the bank is located are published once a week for four weeks. Section 9. Application Referred to Superintendent of Banks . Immediately upon the filing of the application, the

Page 699

Secretary of State shall transmit one copy thereof to the Superintendent of Banks for investigation by him. Section 10. Information to be Furnished Superintendent by Applicants . When such application has been referred to the Superintendent of Banks, he shall call upon the applicants for a statement, showing: (a) The names and places of residence of the subscribers to the stock of such bank and the number of shares to be held by each. (b) The names of the stockholders who shall be directors for the first year of the incorporation of said bank. (c) When it is proposed that such bank shall commence business as a regulated certificated bank. (d) Such other information as may be desired by the Superintendent of Banks. Said applicants shall furnish such statement upon request of the Superintendent. Such statement shall be accompanied by an examination and investigation fee of $350.00, to be paid by the applicants. The Superintendent shall conduct no examination or investigation and shall issue no certificate of approval or disapproval unless such fee is paid. Section 11. Examination and Determination of Application for Certificate . (a) Upon the filing of the application, the Superintendent of Banks shall make or cause to be made a careful investigation and examination relative to the following: (1) The character, reputation in the community and financial standing of the organizers or incorporators seeking to organize the proposed bank; provided, however, that any person actively engaged in the private banking business with the general public and receiving deposits of money, making loans, and dealing in commercial paper under the provisions of Code Section 13-204 relating to private banks or private bankers, either as an owner or in a managerial

Page 700

capacity on January 1, 1966, shall be deemed to be in compliance with this requirement. (2) The character, financial responsibility, banking experience and business qualifications of those proposed as officers of the bank; provided, however, that any person actively engaged in the private banking business with the general public and receiving deposits of money, making loans, and dealing in commercial paper under the provisions of Code Section 13-204 relating to private banks or private bankers, either as an owner or in a managerial capacity on January 1, 1966, shall be deemed to be in compliance with this requirement. (3) The character, financial responsibility, business experience and standing in the community of those proposed as stockholders and directors; provided, however, that any person actively engaged in the private banking business with the general public and receiving deposits of money, making loans and dealing in commercial paper under the provisions of Code Section 13-204 relating to private banks or private bankers, either as an owner or in a managerial capacity on January 1, 1966, shall be deemed to be in compliance with this requirement. (b) Within six months after the filing of the application, the Superintendent of Banks shall issue under his hand and official seal a notification approving or disapproving the granting of the application for a certificate as a regulated certificated bank and shall transmit a copy of such notification to the Secretary of State who shall enter the same on record in his office. The Superintendent of Banks shall also keep on file in his office a duplicate of such notification. If the application for a certificate as a regulated certificated bank is approved by the Superintendent of Banks, the Secretary of State may grant or issue a certificate accordingly but not otherwise. If the Superintendent refuses to approve the application, the notification herein referred to shall set forth the reasons for such refusal and shall state what steps must be taken in order to comply with the requirements to be certificated as a regulated certificated bank. Upon receiving such notification of refusal,

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the applicants shall have an additional six months in which to comply with the requirements set forth in said notification of refusal. If such requirements are successfully complied with within such additional six months period, the Superintendent of Banks shall notify the Secretary of State to issue the applicants a certificate to do business as a regulated certificated bank. The Superintendent of Banks shall also keep on file in his office a duplicate of such notification. If the requirements are not complied with within such additional six months period, then at the end of such period, the applicants shall cease accepting or receiving deposits or otherwise conducting a banking business. Section 12. Publication of Application . When said application shall have been published, the applicants may apply to the Ordinary of the county in which the bank is located to certify the fact of such publication, and the Ordinary shall certify the fact, which certification shall be filed by the applicants in the office of the Secretary of State. Section 13. Certificate of Incorporation to be Issued . When the certificate of the Ordinary to the fact of the publication of the application shall have been filed by the applicants in the office of the Secretary of State and the notification of the Superintendent of Banks approving the application shall likewise be filed with the Secretary of State, then the Secretary of State shall issue to the applicants, their associates, and successors, a certificate of incorporation under the seal of the State, certifying that the applicants, their associates, and successors, are a body politic and corporate under the name and style designated in the application, and that such corporation has the capacity and powers conferred, and is subject to all the duties and liabilities imposed by law; and the Secretary of State shall record the application, the certificate of approval of the Superintendent of Banks, the certification of the Ordinary as to publication, and the certificate of incorporation, in the order named. Section 14. Payment of Capital . All of the capital structure of every bank applying for a certificate shall be paid

Page 702

in, in cash, before such bank shall be authorized to commence business; provided, however, that any undivided profits and surplus which said bank shall have on hand on the date that its application for certification shall be submitted under the terms of this Act shall be credited to make up the capital structure requirements of this Act. Section 15. Minimum Capital Structure to be Maintained . The minimum capital structure hereinbefore provided for in Article II, Section 7 of this Act, shall be maintained at all times by any regulated certificated bank authorized to conduct a banking business pursuant to the provisions of this Act, except that in determining whether said minimum capital structure has been maintained, the Superintendent of Banks shall take into consideration the fluctuations in deposits experienced by said bank, and so long as the Superintendent of Banks determines, in his discretion, that said bank has maintained a satisfactory minimum capital structure over the period covered by his examination, then said bank shall be deemed to be in compliance with this section. Section 16. Permit to Begin Business . Before any bank shall transact any business as a regulated certificated bank, in any location, such bank shall file with the Superintendent of Banks a request for a permit to commence business. No bank shall transact any business as a regulated certificated bank without the written permit of the Superintendent, certifying that such bank has complied with all the requirements of this Act, and is authorized to transact business as a regulated certificated bank and that such business can be safely entrusted to it, which permit shall be recorded in the office of the Superintendent in a book to be kept by him for that purpose; and a certified copy thereof under the hand and official seal of the Superintendent shall be furnished to and kept on file by the bank. The Superintendent, before issuing his permit to any bank to begin business, shall make an examination, or cause an examination to be made, in order to ascertain whether the requisite capital, surplus and undivided profits of such bank shall have been paid in, in cash. The first directors shall be those named in the application for certificate, or such stockholders

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as may be substituted, with the approval of the Superintendent, for any therein named. Article III. Deposit Insurance . Section 17. Deposit Insurance . (a) Every regulated certificated bank incorporated under the provisions of this Act shall be required to obtain deposit insurance when, in the opinion of the Superintendent of Banks, any such bank shall become eligible and can qualify for deposit insurance. Such deposit insurance shall be written by an insurance company authorized to transact business in the State of Georgia or by the Federal Deposit Insurance Corporation. Deposit insurance shall be maintained on each deposit in the amount of the deposit on all deposits up to and including a $2000.00 deposit. Each deposit over $2000.00 shall be insured up to a minimum of $2000.00. Until such deposit insurance is obtained, such banks shall be required to post a sign in boldface print, in letters at least four inches (4[Prime]) high, at a conspicuous place near the entrance of such bank, which states Regulated Certificated Bank-Deposits not Insured. After obtaining such deposit insurance, such banks shall be required to display a sign in boldface print, in letters at least four inches (4[Prime]) high, at a conspicuous place near the entrance of such bank, which states Regulated Certificated Bank-Deposits Insured Up To (Insert amount of deposit insurance). (b) No regulated certificated bank shall use the words bank, banker, banking company, banking office, depository, or any other similar name indicating that the business done is that of a bank, either upon any office sign at its place of business or upon any of its letterheads, bill-heads, blank notes, receipts, certificates, circulars, or other advertising, or any other written or printed paper, without also using therewith the words plainly written or printed, so that the same may be easily read, Regulated Certificated BankDeposits Not Insured or Regulated Certificated BankDeposits Insured Up To (Insert amount of deposit insurance), and every regulated certificated bank advertising to receive or receiving deposits, shall at the window

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or desk at which such deposits are received place a conspicuous sign with letters not less than one inch (1[Prime]) in height, upon which shall be printed the words Regulated Certificated BankDeposits Not Insured or Regulated Certificated BankDeposits Insured Up To (Insert amount of deposit insurance). Article IV. Examination of Regulated Certificated Banks . Section 18. Annual Examinations . The Superintendent of Banks shall either personally, or by one of the examiners, visit and examine every regulated certificated bank at least once in each year. On every examination, inquiry shall be made as to the condition and resources of the bank, the mode of conducting and managing its affairs, the manner of keeping its accounts and the correctness thereof, the actions of its directors, the investment of its funds, the safety and prudence of its management, and whether the requirements of its certificate and the law have been complied with in the administration of its affairs, and as to such other matters covered by this Act as the Superintendent of Banks may prescribe. Section 19. Special Examinations . In addition to the regular annual examinations, the Superintendent of Banks shall have the power and it shall be his duty in like manner to examine or cause to be examined any regulated certificated bank whenever in the judgment of the Superintendent of Banks, the management and conditions of the bank are such as to render an examination of its affairs necessary or expedient, or whenever in the option of the Superintendent of Bank the interests of the public demand an examination. Section 20. Examinations on Oath . The Superintendent of Banks and the examiners shall have power and authority to administer oaths and to examine under oath any person whose testimony may be required on the examination of any bank, and shall have the authority and power to compel the appearance and attendance of any such person for the purpose of such examination. If any person when required so to do by the Superintendent of Banks, or any one of the

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examiners, shall fail or refuse to appear or to testify under oath as herein provided, such failure or refusal may be reported in writing to the Judge of the Superior Court of the county in which such bank is located, who shall thereupon cause a subpoena to be issued by the clerk of said court requiring such person to so attend and testify, and for failure to obey such subpoena, the person so failing shall be adjudged in contempt of court by the Judge of said court and punished accordingly. Section 21. Written Report of Examination . The Superintendent of Banks and the examiner who shall make an examination of any bank shall reduce the result thereof to writing in such form as shall be prescribed by the Superintendent, which shall contain a full, true and correct statement of the condition of such bank so examined, which reports shall be filed in the Department of Banking. Section 22. Fees to Cover Costs of Examinations of Banks . (a) Each regulated certificated bank, on or before the 15th day of January, shall pay annually to the Superintendent of Banks the following fees in the following amounts: Where the total resources are $700.000, or less, $ 250 Where the total resources are more than $700,000 and not exceeding $800,000 280 $800,000 and not exceeding $900,000 330 $900,000 and not exceeding $1,000,000 360 $1,000,000 and not exceeding $1,200,000 400 $1,200,000 and not exceeding $1,400,000 450 $1,400,000 and not exceeding $1,600,000 500 $1,600,000 and not exceeding $1,800,000 560 $1,800,000 and not exceeding $2,000,000 630 $2,000,000 and not exceeding $2,250,000 730 $2,250,000 and not exceeding $2,500,000 800

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$2,500,000 and not exceeding $2,750,000 900 $2,750,000 and not exceeding $3,000,000 970 $3,000,000 and not exceeding $3,500,000 1,020 $3,500,000 and not exceeding $4,000,000 1,080 $4,000,000 and not exceeding $4,500,000 1,140 $4,500,000 and not exceeding $5,000,000 1,200 $5,000,000 and not exceeding $6,000,000 1,270 $6,000,000 and not exceeding $7,000,000 1,350 $7,000,000 and not exceeding $8,000,000 1,420 $8,000,000 and not exceeding $10,000,000 1,500 $10,000,000 and not exceeding $12,500,000 1,570 $12,500,000 and not exceeding $15,000,000 1,650 $15,000,000 and not exceeding $17,500,000 1,720 $17,500,000 and not exceeding $20,000,000 1,800 $20,000,000 and not exceeding $25,000,000 1,870 $25,000,000 and not exceeding $30,000,000 1,950 $30,000,000 and not exceeding $35,000,000 2,100 $35,000,000 and not exceeding $40,000,000 2,250 Where the total resources are more than $40,000,000, $2,250, plus $20 per $1,000,000 of resources over $40,000,000. (b) For any examination required for any amendments to a certificate or on any consolidation or merger or on any voluntary liquidation, a fee of $50.00 per day shall be charged for each examiner participating in such examination. Section 23. Fees for Examination, How Collected . In the event any bank should fail or refuse to pay on demand the amount herein fixed as fees for examinations, the Superintendent of Banks shall forthwith issue an execution in the name of the State against such bank for the amount of such fees, which shall be enforced in like manner as executions issued by the Superior Courts in the State upon judgments rendered by them.

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Section 24. Record of Examination Fees . It shall be the duty of the Superintendent of Banks to keep a record of all fees collected by him, together with a record of expenses incurred in making examinations of all banks, which record shall be embodied in his annual report to the Governor. Section 25. Examinations Not at Stated Times . The Superintendent of Banks shall not visit any bank or cause same to be visited by an examiner for the purpose of examination at stated or regular times, nor shall the Superintendent or any examiner permit anyone to know when or at what time he will visit any bank or cause same to be visited, for examination. Section 26. Information Kept Secret . The information which shall be obtained by the Superintendent of Banks or any examiner in making examinations into the affairs of any bank shall be for the purpose of ascertaining the true condition of said bank, and shall not be disclosed by the persons making the examination, unless called upon to testify concerning the same in a court of justice, except that reports shall be made of the condition of the affairs of the bank ascertained from such examination to the officers and directors of the bank examined and to the Superintendent of Banks, and a summary thereof published in the Superintendent's annual report, and except that the Superintendent may take action as the result of such examination, as herein provided: Provided, however, that upon the request of the Federal Reserve Bank, the Superintendent shall be authorized to furnish to said bank a copy of the report and other information concerning the condition and affairs of any bank which shall be a member of the Federal Reserve System; and provided further, that the Superintendent of Banks may, in his discretion, confer and exchange information with the Comptroller of the Currency of the United States and the National Bank Examiner, and may, when he shall deem it to be for the interest of the bank in question, discuss its affairs with other banks or persons interested therein or affected thereby. Section 27. Reports of Examinations as Evidence . In the event the Superintendent of Banks takes charge of the

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business and affairs of any bank as herein authorized, or in the event proceedings are instituted to forfeit the certificate of any bank, duly authenticated copies of the reports of the examination of such bank on file in the office of the Superintendent of Banks may be used in any court as evidence and as an aid in arriving at the true condition of the bank. Such reports shall be received in any court as prima facie evidence of the truth of their contents. Article V. Amendment of Bank Certificates . Section 28. What Amendments Allowed . Any bank incorporated under the provisions of this Act may have its certificate amended so as to change its corporate name 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 of not less than $1.00 each. Section 29. Application for Amendment . The bank desiring such amendment shall file in the office of the Secretary of State an application in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of said bank, the date of its original certificate, and all amendments thereto, and the particular amendment or amendments to its said certificate it desires; and shall pay to the Secretary of State a fee of $25.00, to be deposited by him into the treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stockholders thereof, showing that the application for the proposed amendment has been authorized by a vote of a majority in amount of the entire capital stock at a meeting of the stockholders, called for the purpose of acting thereon, by a resolution of the Board of Directors, notice of which meeting shall have been mailed to each stockholder, or in case of death, to his legal representative or heirs at law, addressed to his last known residence at least 10 days previous to the date of said meeting. Section 30. Application to be Published . When the application for amendment is filed, the Secretary of State shall certify one of the copies thereof and deliver the same

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to the bank and the same shall be published by the bank in the newspaper in which the Sheriff's advertisements of the county in which the bank is located are published, once a week for four (4) weeks. Section 31. Application Referred to Superintendent of Banks . Immediately upon the filing of the application for amendment, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks for investigation by him. Section 32. Examination by and Notification of Superintendent . When such application for amendment shall have been referred to the Superintendent of Banks, the said Superintendent shall immediately investigate, either through himself or some person appointed by him, and shall satisfy himself that such amendment is proper and has been duly authorized by proper corporate action, and in case said application is for the increase of the capital stock, that the amount of such additional capital has been paid in, in cash, except where surplus is capitalized, and in case said application is for the reduction of the capital stock, that the method by which such reduction is accomplished is proper and fair to all the stockholders, and that the capital stock is not reduced below the amount required by law for such bank, and that all the requirements of law have been fulfilled. If so satisfied, the Superintendent of Banks shall, within thirty (30) days after the application for amendment shall have been filed with him for examination, issue under his hand and official seal a notification approving the amendment to the certificate of such bank, and shall transmit a copy of such notification to the Secretary of State, who shall enter the same of record in his office. The said Superintendent shall also keep of file a duplicate of said notification in his own office. If the Superintendent shall not be satisfied that the amendment as proposed is expedient and desirable, or that the law for such cases made and provided has been fully complied with, or, if the said amendment is for the increase of capital stock, that the said increase has not been paid in, as herein provided, he shall, within thirty (30) days after the filing of the copy of said application for amendment with him,

Page 710

notify the Secretary of State that he refused to approve the amendment to the certificate, and no amendment shall in that event be granted by the Secretary of State. Section 33. Publication of Application . When the application to amend the certificate shall have been published, the bank may apply to the Ordinary of the county in which it is located to certify the fact of such publication, and the Ordinary shall certify the fact, which certification shall be filed by the bank in the office of the Secretary of State. Section 34. Amendment to Certificate to be Issued . When the certificate of the Ordinary to the fact of the publication of the application for amendment shall have been filed by the bank in the office of the Secretary of State, and the notification of the Superintendent of Banks approving the application for amendment shall likewise be filed with the Secretary of State, the Secretary of State shall issue to the bank, under the seal of the State, an amendment to its certificate in the particulars prayed for; and the Secretary of State shall record the application for amendment, the notification of approval of the Superintendent of Banks, the certification of the Ordinary as to the publication, and his amendment to the certificate in the order named. Section 35. Increase of Capital from Surplus and Undivided Profits . Any regulated certificated bank may increase its capital stock from its surplus and undivided profits where its certificate has been amended authorizing such increase and the approval of the Superintendent of Banks to such increase from the surplus and profits shall have been previously obtained, provided that no increase from surplus and profits shall be made which will reduce the unimpaired surplus to an amount less than twenty (20) per cent of the capital stock. Section 36. Increase Offered to Stockholders . When the capital stock of any regulated certificated 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

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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. No stock shall ever be sold for less than par and no subscription shall be payable in anything except cash. Capital stock may be issued without first being offered to the stockholders of record or the public, if such stock, with 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 incorporated under the provisions of this Act (which properties may be received subject to liabilities of such other bank), 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 contained in this Section shall permit the acquisition by banks of properties which are otherwise not permitted to be owned by banks, or the establishment of branch banks, offices or facilities. Article VI. Renewal of Bank Certificates . Section 37. Application for Renewal . Any bank incorporated under the provisions of this Act may have its certificate renewed and its corporate existence extended for a period of thirty (30) years by filing with the Secretary of State at any time within six (6) months prior to the expiration of its certificate an application, in triplicate, signed with its corporate name and under its corporate seal, in which it shall state the name of the bank, and when and how incorporated, giving the date of its original certificate and all amendments thereto, and pray for a renewal of its certificate, and upon filing such application, it shall pay to the Secretary of State a fee of $25.00 to be deposited by him into the treasury of the State. Said bank shall also file with said application a certified abstract from the minutes of the stockholders thereof, showing that the application for renewal of its certificate has been authorized by a vote of a majority in amount of the entire capital stock of the bank at a meeting of the stockholders, called for the purpose of acting thereon, by resolution of the Board of Directors,

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notice of which meeting shall have been mailed to each stockholder, and in case of death, to his legal representative, or heirs at law, addressed to his last known residence, at least ten (10) days previous to the date of said meeting. Section 38. Application to be Published . When said application for renewal of certificate is filed, the Secretary of State shall certify one of the copies thereof and deliver the same to the bank, and the same shall be published once a week for four (4) weeks, in the newspaper in which are published the Sheriff's advertisements of the county in which the bank is located. Section 39. Application Referred to the Superintendent of Banks . Immediately upon filing the application for renewal, the Secretary of State shall transmit one copy thereof to the Superintendent of Banks for investigation by him. Section 40. Examination by and Notification of the Superintendent . When such application for renewal shall have been referred to the Superintendent of Banks, said Superintendent shall make or cause to be made a special examination to determine the condition of the bank, and if, from such examination, or otherwise, it shall appear to him that said bank is in a safe and satisfactory condition and has complied with the requirements of the law, and that such renewal of the certificate is proper and has been duly authorized by proper corporation action, he shall within thirty (30) days after the application for renewal shall have been filed with him for examination, issue, under his hand and official seal a notification approving the renewal of the certificate of such bank, and shall transmit a copy of such notification of approval to the Secretary of State, who shall enter the same of record in his office. The Superintendent shall also keep of file a duplicate of said notification in his own office. If it should appear to the Superintendent of Banks from the examination herein provided for, or otherwise, that the condition of said bank is not safe or satisfactory, or that the renewal of its certificate is otherwise inexpedient, or that said bank has failed to comply with the law, or that the application for renewal has not been authorized by proper corporate action, the Superintendent shall

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notify the Secretary of State that he refuses to approve the application for renewal of the certificate, and in such event the certificate shall not be renewed by the Secretary of State. Section 41. Publication of Application . When the copy of the application for the renewal of the certificate shall have been published as required by law, the bank shall apply to the Ordinary of the county in which it is located to certify the fact of such publication, and the Ordinary shall certify the fact, which certification shall be filed by the bank in the office of the Secretary of State. Section 42. Certificate of Renewal to be Issued . When the Ordinary shall have certified that the publication of the application for certificate of renewal has been filed by the bank in the office of the Secretary of State, and the notification of the Superintendent of Banks approving the application for certificate renewal has likewise been filed with the Secretary of State, the Secretary of State shall issue to the bank a certificate of renewal, under the seal of the State, renewing its certificate for a period of thirty (30) years, and the Secretary of State shall record the application for renewal, the notification of approval of the Superintendent of Banks, the certification of the Ordinary as to publication, and his certificate of renewal, in the order named. Article VII. Retention and Disposition of Bank Records . Section 43. Retention of Business Records . Every regulated certificated bank shall retain its business records for such periods as are or may be prescribed by or in accordance with the terms of this Act. Section 44. Retention of Minute Books . Each regulated certificated bank shall retain permanently the minute books of meetings of its stockholders and directors, its capital stock ledger and capital stock certificate ledger or stubs, its general ledger, its daily statements of condition, its general journal, its investment ledger, its copies of bank examination reports, and all records which the Superintendent of Banks shall, in accordance with the terms of this

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Act, require to be retained permanently. All other bank records shall be retained for such periods as the Superintendent of Banks shall, in accordance with the terms of this Act, prescribe. Section 45. Rules and Regulations of the Superintendent of Banks . The Superintendent of Banks shall from time to time issue regulations classifying all records kept by banks and prescribing the period for which records of each class shall be [Illegible Text]. Such periods may be permanent or for a lesser [Illegible Text] of years. Such regulations may from time to time be amended or repealed. Prior to issuing any such regulation, the Superintendent shall consider: (1) Actions at law and administrative proceedings in which the production bank records might be necessary or desirable; (2) State and Federal statutes of limitation applicable to such actions or proceedings; (3) The availability of information contained in bank records from other sources; and (4) Such other matters, as the Superintendent shall deem pertinent, in order that his regulations shall require banks to retain their records for as short a period as is commensurate with the interests of bank customers and stockholders and of the people of this State in having bank records available. Section 46. Disposition of Records . Any bank may dispose of any records which have been retained for the period prescribed by or in accordance with the terms of this Act for retention of records of its class, and shall thereafter be under no duty to produce such record in any action or proceeding. Section 47. Reproduction of Records . Any bank may cause any or all records at any time in its custody to be reproduced by the microphotographic process and any reproduction so made shall have the same force and effect as the original thereof and be admitted in evidence equally with the original.

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Article VIII. Miscellaneous Provisions . Section 48. Failure to obtain Certificate . All persons, firms, associations or other entities doing a banking business as a private bank or as a private banker, who fail to apply for a certificate of incorporation as a regulated certificated bank under the provisions of this Act or for a charter to do business as a State chartered bank, under the provisions of Code Title 13, known as the Banking Law, within six (6) months after the effective date of this Act, shall cease accepting or receiving deposits or otherwise conducting a banking business, upon the expiration of such six month period. Section 49. Construction of Act . (a) Nothing contained in this Act shall be construed so as to authorize regulated certificated banks to exercise the powers of trust companies. (b) Nothing contained in this Act shall be construed so as to authorize regulated certificated banks to establish branch banks, bank offices, or bank facilities, as defined in Code Section 13-201.1 of the Banking Law, relating to definitions. (c) Nothing contained in this Act shall be construed so as to authorize regulated certificated banks to incorporate or organize bank holding companies as defined in Code Section 13-201.1 of the Banking Law, relating to definitions. (d) Except as otherwise provided in Section 50 of this Act, nothing in this Act shall be construed so as to amend, modify, supersede or repeal the banking laws of the State of Georgia, but this Act shall be deemed to be cumulative and supplemental to such banking laws. Section 50. Specific Repealer . (a) Code Section 13-204, relating to private banks and private bankers, as amended by an Act approved March 24, 1960 (Ga. L. 1960, p. 1170; Code Chapter 13-12, relating to the conversion of a private bank into a State bank; Code Section 13-9934, relating to penalties for the use of an unauthorized name or signs by a private banker; and an Act, relating to the exchange on

Page 716

checks of private banks approved March 24, 1939 (Ga. L. 1939, p. 360), are hereby repealed in their entirety. (b) This section shall become effective eighteen (18) months after the effective date of this Act. Effective date. Section 51. Penalties . Any person or persons who shall violate the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Each day such person or persons shall continue in violation of the provisions of this Act shall constitute a separate offense. Section 52. Effective Date . The provisions of this Act shall become effective on July 1, 1966. Section 53. 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 were 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 54. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. GEORGIA HEALTH CODE AMENDEDGRANTS FOR MEDICAL FACILITIES. Code Chapter 88-21 Amended. No. 593 (Senate Bill No. 73). An Act to amend Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p.

Page 717

499), as amended, relating to Grants for Medical Facilities, so as to empower the State of Georgia to make grants to counties, municipalities or any hospital authority to assist in the construction and modernization of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers and mental health centers; to define certain terms; to establish the amount of grants for construction and modernization of such facilities; to establish a matching formula for each construction and modernization category on a fiscal year basis; to establish a priority system in accordance with the priority system as approved by the Department of Public Health and the Surgeon General of the U. S. Public Health Service; to restrict the use of net earnings of such facilities; to provide for an amount of authorized appropriations; to provide that the Department of Public Health be the sole agency for administration of State funds under this Act; to provide that Federal standards and regulations must be followed; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code Title 88, known as the Georgia Health Code, approved March 18, 1964 (Ga. L. 1964, p. 499), as amended, is hereby amended by striking Chapter 88-21, relating to Grants for Medical Facilities, in its entirety and substituting in lieu thereof a new Code Chapter to be known as Code Chapter 88-21 to reads as follows: Chapter 88-21. Grants for Medical Facilities . 88-2101 . The State of Georgia is hereby authorized to make grants to any county, municipality, or any combination of the same, or any hospital authority to assist in the construction and modernization of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers as defined in Section 88-2102 hereof with the amount of the grant to be determined in accordance with Sections 88-2103 and 88-2104 hereof.

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88-2102. Definitions . Unless a different meaning is required by the context, the following terms as used in this Chapter shall have the meanings hereinafter respectively ascribed to them: a. `Hospital authority' means any hospital authority created under the `Hospital Authorities Law', Chapter 88-18 of this Title, as now or hereafter amended. b. `Medical facilities' means general hospitals, psychiatric hospitals, nurse training facilities, tuberculosis hospitals and public health centers. c. `Auxiliary medical facilities' means diagnostic and treatment facilities, nursing homes, chronic illness hospitals and rehabilitation centers. d. `Mental retardation center' means a facility specially designed for the diagnosis, treatment, education, training, or custodial care of the mentally retarded, including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of the facilities which provide or will provide comprehensive services for the mentally retarded. e. `Mental health center' means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated. f. `Construction project' means any medical facility or auxiliary medical facility, mental retardation center or mental health center construction program as evidenced by the approval of a project under Title VI or Title VII. Public Health Service Act, as now or hereafter amended. g. `Modernization project' means the alteration, major repair, remodeling, replacement and renovation of existing buildings (including initial equiment thereof), and replacement of obsolete, built-in equipment of existing buildings

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as evidenced by the approval of a project under Title VI or Title VII, Public Health Service Act, as now or hereafter amended. h. `Publicly owned' means that a county, municipality or hospital authority, or any combination thereof, must hold title or have a long-term lease acceptable to the Department of Public Health to the property on which the construction or modernization is proposed. i. `Publicly operated' means operated by a county, municipality, or hospital authority, or any combination thereof. j. The terms `hospital', `psychiatric hospital', `nurse training facilities', `public health center', `rehabilitation facility', `nursing home', `chronic illness hospital', `long-term care facility', `mental retardation center', `mental health center', `construction', `cost of construction', `modernization' and `cost of modernization' shall have meanings consistent with those respectively ascribed to them in Titles VI and VII of the Public Health Service Act, as now or hereafter amended. 88-2103. Grants for construction and modernization . a. Grants for construction projects or modernization projects made from State appropriations pursuant to this Chapter shall be in an amount equal to one-third (1/3) of the allowable cost of the project; provided that such grant shall not exceed Five Hundred Thousand and No/100 Dollars ($500,000.00) to each Medical Facilities project. b. In the event that State funds appropriated or otherwise made available during a given fiscal year for construction or modernization projects are not sufficient to match available Federal funds, then the Department of Public Health shall be empowered to reduce the percentage of contribution by the State below the one-third (1/3) percentage in order to obtain the optimum amount of construction with funds available. c. The aggregate of Federal and State funds granted to publicly owned and publicly operated construction or

Page 720

modernization projects shall be sixty-six and two-thirds per cent (66 2/3%) unless State funds are inadequate to obtain optimum construction; then the Department of Public Health is authorized to establish an aggregate less than sixty-six and two-thirds per cent (66[frac23]%). d. In the event an aggregate of Federal and State funds is established at less than sixty-six and two-thirds per cent (66 2/3%), the Department of Public Health is authorized to establish a matching formula for any category of construction which is different from any other matching formula for any other category of construction; and further, the Department of Public Health is authorized to establish a matching formula for any category of modernization which is different from the matching formula for construction projects. 88-2104. Matching formula; priority; use of earnings; approval of Federal grant . a. The Department of Public Health shall establish a matching formula for each construction and modernization category by fiscal year. Any change in a matching formula shall apply in the same manner to each construction and modernization project within the category approved during the fiscal year. b. Grants made pursuant to this Chapter shall be in accordance with the priority system as approved by the Department of Public Health and the Surgeon General of the U. S. Public Health Service. c. No part of the net earnings of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers, constructed with the assistance of a grant under this Chapter shall inure to the benefit of any private corporation or individual. d. Any grant made pursuant to this Chapter shall be contingent upon the approval for that project of a Federal grant approved by the Surgeon General of the U. S. Public Health Service, under the provisions of either Title VI or

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Title VII of the Public Health Service Act, as now or hereafter amended. 88-2105. Appropriations authorized; amount . In order to assist the several counties, municipalities, or any combination of the same or any hospital authorities created under the `Hospital Authorities Law', such funds as are appropriated for each fiscal year for the construction of publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers, shall be expended in accordance with the provisions of this Chapter. 88-2106. Department of Public Health to administer funds . The Department of Public Health is to be the sole agency for the administration of State funds pursuant to the intent of this Chapter. Administration of said funds will be done in direct conjunction with the administration of Federal funds under Titles VI and VII of the Public Health Service Act, as now or hereafter amended. 88-2107. Federal standards and regulations followed . The establishment of hospital service areas, the determination of relative need, the priority of projects, and the standards of construction shall be consistent with Titles VI and VII of the Public Health Service Act, as now or hereafter amended, and the Federal regulations prescribed thereunder. 88-2108. Procedure to be followed for projects . For each project of construction pursuant to this Chapter, there shall be submitted to the Department of Public Health an application for State funds. a. Upon approving an application under this Section, the Department of Public Health shall submit a budget request to the State Budget Bureau, based upon such application, and, upon approval by the Budget Bureau, the same shall constitute an obligation of the State of Georgia. b. Payments to the sponsor of a construction project shall be made in installments as construction progresses at intervals to be determined at the discretion of the Department

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of Public Health, and said Department shall have the right to inspect and audit records and accounts of the sponsor as a condition precedent to making payments. c. If any publicly owned and publicly operated medical facilities, auxiliary medical facilities, mental retardation centers, and mental health centers, for which funds have been paid under this Section shall be leased to any corporation, person, organization, or body, except one eligible to receive grant under the provisions of this Chapter, or shall be sold or used for any purpose contrary to the provision under which the grant was made, at any time within twenty (20) years after completion of construction, and such change in lease, sale, or use is not approved by the Department of Public Health, said Department may bring an equitable proceeding for writ of injunction against any person, firm, corporation, or organization operating in violation of this Chapter. The proceedings shall be filed in the county in which such persons reside, or, in the case of a firm or corporation, where said firm or corporation maintains its principal office, and unless it be made to appear that such person, firm, or corporation which has leased said medical facilities, auxiliary medical facilities, mental retardation centers, or mental health centers, would have been eligible to accept the grant-in-aid from the State of Georgia in the first instance and said lease has been approved by the Department of Public Health or said sale or use has been approved by said Department, the writ of injunction shall issue and such person, firm, or corporation perpetually enjoined throughout the State from operating in violation of the provisions set out above. It shall not be necessary in order to obtain the equitable relief herein provided that the Department of Public Health show that such person, firm, or corporation is ineligible nor to prove there is no adequate remedy at law. In addition, said Department shall be entitled to sue and recover from the transferor and transferee of any facility specified above such percentum of the then value of such facility as the State grant bore toward the total construction cost of that facility as determined by agreement of the parties or by action brought in court in the due process of law.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. APPELLATE PRACTICE ACT OF 1965 AMENDEDCONTEST OF TRUTH OF PAUPER'S AFFIDAVIT. No. 595 (Senate Bill No. 129). An Act to amend an Act which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended, so as to provide that a party may contest the truth of the pauper's affidavit filed by the party taking an appeal; 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 which comprehensively and exhaustively revised, superseded and modernized appellate and other post-trial procedure in civil and criminal cases, approved February 19, 1965 (Ga. L. 1965, p. 18), as amended, is hereby amended by adding at the end of section 9 the following: Any party at interest, or his agent or attorney, may contest the truth of such pauper's affidavit by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the trial court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final., so that when so amended section 9 shall read as follows: Section 9. In all civil cases where the party taking an appeal files affidavit, stating that because of his poverty he

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is unable to pay costs or to post such supersedeas bond, if any, as may be required by the trial judge as hereinabove provided, the notice of appeal and affidavit in forma pauperis shall act as supersedeas. Any party at interest, or his agent or attorney, may contest the truth of such pauper's affidavit by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the trial court under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. GEORGIA EDUCATIONAL IMPROVEMENT COUNCILMEMBERS. No. 596 (Senate Bill No. 11). An Act to amend an Act creating the Georgia Educational Improvement Council, approved March 8, 1964 (Ga. L. 1964, p. 711), so as to provide for additional members; to provide for the appointment of such members; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Georgia Educational Improvement Council, approved March 8, 1964 (Ga. L. 1964, p. 711), is hereby amended by striking from section 1 the following: twelve (12), and inserting in lieu thereof the following: sixteen (16),

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and by adding at the end of section 1 the following: In addition to the twelve (12) members provided for hereinbefore, there shall also be two (2) Senators and two (2) Representatives on the Council. The two (2) Senators shall be appointed by the President of the Senate and the two (2) Representatives shall be appointed by the Speaker of the House of Representatives. The first appointments of such four (4) members shall be made prior to May 1, 1966, and such members shall take office on that date. Such members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to such initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly., so that when so amended section 1 shall read as follows: Section 1. To assure continued Statewide interest in a motivational force for the continued improvement of educational opportunities in Georgia, there is hereby created the Georgia Educational Improvement Council which shall be composed of sixteen (16) members, two (2) of whom shall not have voting rights. The members are as follows: The Chairman of the State Board of Education, the Chairman of the State Board of Regents, the Chairman of the Education Committee of the House of Representatives, the Chairman of the Educational Matters Committee of the Senate, the State Superintendent of Schools, the Chancellor of the University System of Georgia and six influential and respected citizens from the State at large who have demonstrated knowledge of and interest in the educational opportunities of and the long-range educational problems confronting the State of Georgia and its citizens, to be appointed by the Governor for a four year term, except that initially two persons shall be appointed for one (1) year

Page 726

terms, two persons for two (2) year terms, one person for a three (3) year term, and one person for a four (4) year term, each of said initial terms to date from July 1, 1964. Council members appointed from the public at large shall hold office for the term of their appointment and until their successors are appointed and qualify, and shall be eligible for reappointment. The State Superintendent of Schools and the Chancellor of the University System of Georgia shall have no voting rights. In addition to the twelve (12) members provided for hereinbefore, there shall also be two (2) Senators and two (2) Representatives on the Council. The two (2) Senators shall be appointed by the President of the Senate and the two (2) Representatives shall be appointed by the Speaker of the House of Representatives. The first appointments of such four (4) members shall be made prior to May 1, 1966, and such members shall take office on that date. Such members shall serve for the term of office for which they were elected as members of the General Assembly, and any vacancy occurring during such term shall be filled by appointment of the President in the case of Senators and by appointment of the Speaker in the case of Representatives. Any such member shall be eligible for reappointment in the event he continues to be a member of the General Assembly. Successors to such initial members and all future successors shall serve for the term for which they were elected to membership in the General Assembly. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966. GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED. No. 597 (Senate Bill No. 145). An Act to amend an Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217),

Page 727

so as to clarify the provision creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation; to provide for an additional member on the Board of Directors governing said corporation; to provide that the Executive Director and Treasurer of said corporation shall be selected and employed by the Board of Directors of said corporation; to provide that said Executive Director and Treasurer shall serve at the pleasure of the Board; to provide for compensation of said Executive Director and Treasurer; to provide that the Board of Directors of said corporation shall be authorized to employ personnel and such personnel shall be subject to and be covered by the provisions of the Act creating and establishing a merit system of personnel administration; to increase the amount of loan to persons that shall be guaranteed in their freshman year; to provide that the Board of Directors of said corporation shall have power to enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid programs for students, colleges and other facilities or institutions providing education; to provide the Board of Directors with additional powers; to provide that any note or other written evidence relating to any such guaranteed loan shall contain certain provisions; to provide time limits for the repayment of guaranteed loans; to delete certain provisions relative to group life insurance policies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a non-profit corporation known as the Georgia Higher Education Assistance Corporation, approved March 12, 1965 (Ga. L. 1965, p. 217), 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. Pursuant to an amendment to Article VII, Section I, Paragraph II of the Constitution authorizing the General Assembly to provide by law for a program of guaranteed student loans for the purpose of acquiring an education beyond the twelfth grade and for payment of

Page 728

interest on such loans, ratified at the November 1964 General Election, there is hereby created a non-profit corporation which shall be known as the Georgia Higher Education Assistance Corporation. Created. Section 2. Said Act is further amended by adding in the first sentence of subsection (a) of section 4 after the words Board of Regents, and before the word and the words the State School Superintendent, so that when so amended the first sentence of Subsection (a) of section 4 shall read as follows: The Corporation shall be governed, and all its corporate powers exercised, by a Board of Directors which shall consist of members as follows: The Chancellor of the University System of Georgia, the Chairman of the Board of Regents, the State School Superintendent 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. Board of Directors. Section 3. Said Act is further amended by striking from the second paragraph of subsection (b) of section 4 the following sentence: 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., and inserting in lieu thereof a new sentence to read as follows: The Executive Director and Treasurer of the Corporation shall be selected and employed by the Board of Directors of the Georgia Higher Education Assistance Corporation. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board., Executive Director, etc. and by striking the last two sentences of the second paragraph of subsection (b) which read as follows:

Page 729

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., and inserting in lieu thereof a new sentence to read as follows: The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally qualified personnel, clerical and other employees as authorized by the Board of Directors to effectuate the purposes of the Corporation and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended., so that when so amended the second paragraph of subsection (b) of section 4 shall read as follows: The Executive Director of the Corporation shall also serve as Treasurer. The Executive Director and Treasurer of the Corporation shall be selected and employed by the Board of Directors of the Georgia Higher Education Assistance Corporation. The Executive Director and Treasurer shall serve at the pleasure of the Board of Directors and shall receive such salary and other compensation as shall be determined and fixed by the Board. 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 Boards of Directors. He shall be authorized and empowered to operate and carry out the objectives and details of the loan program. The Executive Director and Treasurer of the Corporation shall be authorized to employ such other professionally qualified personnel, clerical

Page 730

and other employees as authorized by the Board of Directors to effectuate the purposes of the Corporation and of this Act, and such personnel shall be subject to and covered by the Act creating and establishing a merit system of personnel administration, approved February 4, 1943 (Ga. L. 1943, p. 171), as now or may hereafter be amended. Section 4. Said Act is further amended by striking from the first paragraph of subsection (1) of section 5 the following: $900.00 for the freshman year;, and inserting in lieu thereof the following: $1,000.00 for the freshman year;, so that when so amended the first paragraph of subsection (1) of section 5 shall read as follows: (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: $1,000.00 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; $1,500.00 for each graduate year; and a total of not to exceed $7,500.00. Loans. Section 5. Said Act is further amended by renumbering subsection (6) of section 5 as subsection (10). Section 6. Said Act is further amended by adding after subsection (5) of section 5 four new subsections to be

Page 731

known as subsections (6), (7), (8) and (9), to read as follows: (6) To enter into contracts with the Federal Government in order to secure the benefits of any Federal financial aid programs for students, colleges and other facilities or institutions providing education. Powers. (7) To provide that the benefits of any such guaranteed loan program shall not be denied any student because of his family income or lack of need if his adjusted family income at the time any note or written agreement relative to such loan is executed is less than $15,000.00 as may be determined by the Board. (8) To provide that any note or other written evidence relating to any such guaranteed loan shall provide that: (1) The student borrower shall be entitled to accelerate, without penalty, the payment of the whole or any part of a guaranteed loan, (2) The period of any guaranteed loan may not exceed fifteen years from the date of execution of the note or other written evidence of the loan, and (3) The note or other written evidence of any loan may contain such provisions relating to repayment in the event of default by the borrower as may be authorized by the Board in effect at the time such note or written evidence was executed. (9) To provide, subject to the provisions of subsection (8) of this section that, where the total of the guaranteed loans to any student which are held by any one person exceeds $2,000, repayment of such loans shall be in installments over a period of not less than five years nor more than ten years beginning not earlier than nine months nor later than one year after the student ceases to pursue a full-time course of study at an eligible institution, except that if the program provides for the guarantee of loans for part-time study at eligible institutions the program shall provide that such repayment period shall begin not earlier

Page 732

than nine months nor later than one year after the student ceases to carry at an eligible institution at least one-half the normal full-time academic workload as determined by the institution. Section 7. Said Act is further amended by striking the last paragraph of section 5 which reads as follows: 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., Insurance. in its entirety. Section 8. Said Act is further amended by adding in the first sentence of section 8 after the words guaranteed by the Corporation and before the words shall not require the words which do not exceed $2,000.00, so that when so amended section 8 shall read as follows: Section 8. The terms and conditions of any loan guaranteed by the Corporation which do not exceed $2,000.00 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 be 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. Repayment of loans. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1966.

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INFORMATION TO BE FURNISHED TO DEPARTMENT OF PUBLIC SAFETY. No. 598 (Senate Bill No. 25). An Act to provide for the submission of certain information to the Department of Public Safety, Bureau of Investigation; to provide what persons shall be required to furnish such information to the Bureau of Investigation; to provide for methods of furnishing such information; to provide that the Department of Public Safety shall promulgate certain rules and regulations; to provide penalties for the failure to furnish such information; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Duties . It shall be the duty of all sheriffs, chiefs of police and the heads of any other law enforcement agencies to obtain the fingerprints and descriptions of all persons convicted of felonies within their respective jurisdictions and to transmit such fingerprints and descriptions to the Bureau of Investigation of the Department of Public Safety, hereinafter called the Bureau. If the particular law enforcement agency now has or may in the future have photograph equipment, then a photo of the arrested person shall also be forwarded to the Bureau. Section 2. Report of stolen or recovered motor vehicles, license plates; penalties . It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the Department of Public Safety immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. Such report shall be made to the Bureau by reporting such loss or theft to the nearest State Patrol post. Any such officer, upon receiving information of the recovery of any motor vehicle or license plate which has

Page 734

previously been reported as stolen or lost, shall, immediately after receiving such information, report the recovery of such motor vehicle or plates directly to the Department of Public Safety. Section 3 . The Department of Public Safety is hereby authorized and directed to promulgate rules and regulations pertaining to the submissions of the above required reports. Such rules and regulations shall include time limits for the submission of the reports and the forms that such reports shall be submitted upon. Rules. Section 4. Intentional failure to report . The intentional failure of any law enforcement officer to render reports or the failure to do so through wanton neglect as prescribed in sections 1, 2 and 3 shall, if the officer is elected, constitute cause for removal from office, or, if the officer is employed, shall be grounds for dismissal. Section 5 . The provisions of this Act shall become effective on July 1, 1966. Effective date. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1966. AGRICULTURESTATE INSTITUTIONAL FARMS DIVISION. No. 599 (House Bill No. 255). An Act to create within the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division; to create within the Division a Commission on State Institutional Farms; to provide for the composition, appointment, terms, expenses, duties and functions of the Commission; to provide for a Director of State Institutional Farms under the supervision and control of the Commissioner of

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Agriculture; to provide for the appointment, compensation, duties and powers of said Director; to provide the duties of the Commissioner of Agriculture in conjunction therein; to provide for reports of activities; to provide upon the approval of the Commission any agency operating a farm shall be authorized to transfer the operation of such farm to said Division under such conditions as the controlling and management head of the agency operating such farm, and the commissioner may determine; to provide for the disposition of agricultural products raised, grown, developed, produced, preserved and processed on any such farm; to provide for the procedure connected with the foregoing; to provide for definitions; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created within and as a part of the Department of Agriculture of the State of Georgia a division to be known as the State Institutional Farms Division. Created. Section 2. The following words and phrases as used in this Act, unless a different meaning is required by the context, shall have the following meanings: Definitions. (a) Department shall mean the Department of Agriculture of the State of Georgia. (b) Commissioner shall mean the Commissioner of Agriculture of the Department of Agriculture of the State of Georgia. (c) Division shall mean the State Institutional Farms Division of the Department of Agriculture of the State of Georgia. (d) Commission shall mean the Commission on State Institutional Farms created within the State Institutional Farms Division of the Department of Agriculture of the State of Georgia.

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(e) Chairman shall mean the Chairman of the Commission on Institutional Farms. (f) Director shall mean the Director of the State Institutional Farms Division of the Department of Agriculture of the State of Georgia. (g) Agency shall mean any department, sub-department, board, bureau, commission, division, subdivision, or any other agency of the State government; any county, public authority, subdivision, municipality or other public entity of the State of Georgia or of any county, subdivision, or municipality thereof. (h) Agricultural Products shall mean growing plants, trees, seedlings, fruits, pecan, walnuts or any other nuts, vegetables, cotton, tobacco, grains, seeds, feed-stuffs, animals, fish, birds, bees and any other basic farm crops and all by-products of such agricultural products. (i) Farm or Institutional Farm shall mean any parcel of real estate or body of water upon or in which agricultural products are planted, raised, grown, developed, produced, preserved or processed by any agency. Section 3. There is hereby created within the Division a Commission on Institutional Farms. The Commission shall be composed of the following ex officio members to-wit: Commissioner of Agriculture, Chairman; Dean of the College of Agriculture, University of Georgia; Dean of the School of Veterinary Medicine, University of Georgia; Director of the Agricultural Extension Service, University of Georgia; Director of the Agricultural Experiment Stations, University of Georgia. The Commission shall meet upon the call of the Chairman or a majority of the members thereof as shall be necessary to perform the duties of the Commission. The members of the commission shall serve without additional compensation for their services as members, but shall be reimbursed for actual expenses incurred in the performance of their duties and such funds shall be paid from the funds of the Department of Agriculture. The ex officio members provided herein shall be authorized to designate persons to serve for them as members of the Commission. Created, members, etc.

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Section 4. The Commission shall be authorized to perform the following functions: Duties. (a) Recommend persons to the Commissioner of Agriculture for appointment as Director. (b) Render a report to the General Assembly and the Governor annually on the operations of all the institutional farms of the State and on improvements which might be made in these operations. (c) Render reports to the agencies from time to time on the status of their farm operations and on improvements which might be made in these operations. (d) Confer with and give counsel to the Commissioner on how he can most effectively effectuate the provisions of this Act. (e) Assist, when requested by the Commissioner, in obtaining specialists needed to effectively effectuate the provisions of this Act. (f) Promote close, cooperative working relationships between the Division and the State agencies operating institutional farms and between the Commissioner and the State Supervisor of Purchases. (g) Recommend personnel to be employed in farm management positions, but only upon request of an agency operating an institutional farm for such recommendations. (h) Authorize and approve the transfer of any farm or institutional state farm operated by any agency from such agency to the Division under such conditions as the controlling or management head of the agency operating the farm or institutional farm and the Commission may determine. Section 5. There shall be a Director of the Division. Any person, in order to be eligible for employment as the Director, shall be of personal good moral character, at least 30

Page 738

years of age and be professionally qualified in agricultural management. Qualifications of the Director, as provided herein, are minimum qualifications and the Commissioner is hereby authorized to prescribe additional qualifications as he may deem advisable. It shall be the duty of the Commissioner to appoint a Director of the Division from the persons recommended by the Commission. No person shall be appointed director unless he shall have been recommended by the Commission. Upon appointment, the Director shall serve under the supervision and control and at the pleasure of the Commissioner. The Director shall be compensated in an amount to be determined by the Commissioner. The Commissioner shall have authority to reject nominations. In such an event, it shall be the duty of the Commission to make additional recommendations satisfactory to the Commissioner. Director. Section 6. Under the supervision and control of the Commissioner, it shall be the duty of the Director to: (a) Furnish information to all agencies of this State operating institutional farms relative to ways, means, methods and recommendations of improving the operation of such farms so as to enable the State to realize the maximum benefit from the operation of such farms. Director's duties. (b) Cooperate with all agencies of the State operating institutional farms in advising such agencies of ways and means to improve the operations of the farms. To this end, the Director is authorized upon request of the agency to evaluate existing operations of the farms and to recommend methods of improvement. The Director shall serve in an advisory capacity to the governing authorities of other agencies operating institutional farms and shall have no authority to govern or interfere with the operation thereof except upon the request of such governing authority. (c) Work closely and continuously with each of the State agencies having institutional farms to bring about more efficient and economical farm practices: (1) through utilizing to the maximum extent feasible the potentialities of the

Page 739

farms; (2) through processing the products of the farms in the most advantageous manner; and (3) through securing the best distribution of the products of the farms to institutions of the State and to other State agencies requiring these products. (d) To arrange for assistance to the institutional farms by specialists from the staff of the University of Georgia's College of Agriculture and from other agricultural schools and agencies, including consultation visits, demonstrations, analyses and experimentation projects. (e) To promote the use of institutional farms for experimentation purposes, where it is mutually agreeable between the agencies and the College of Agriculture of the University of Georgia. (f) To work closely with the agencies and the State Supervisor of Purchases to insure that products of an institution's farm which are surplus to the needs of that institution or agency are utilized by other institutions and agencies of the State, with inter-agency payments or credits for goods receivedspecial care to be exercised that processed foods measure up to required specifications. (g) To promote inter-farm and inter-agency use of equipment, machinery and facilities. (h) Supervise and control any farm operated by the Division. (i) Perform such other duties as may be prescribed by the Commissioner. Section 7. Upon authority and approval of the Commission, any agency operating a farm or institutional farm shall be authorized to transfer the operation of such farm or institutional farm to the Division under such conditions as the controlling or management head of the agency operating such farm or institutional farm and the Commissioner may determine. Transfer of farms.

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Section 8. After such transfer is effectuated, the operation of such farm shall be under the full and complete supervision of the Commissioner. Same. Section 9. The Division shall be authorized to operate additional farms as may be provided by law. Additional farms. Section 10. The Commissioner shall determine the agricultural products to be raised, grown, developed, produced, preserved or processed on any farm operated by the Division. Products. Section 11. The State Real Properties Control Commission, created pursuant to an Act approved February 21, 1964 (Ga. L. 1964, p. 146) is hereby authorized to authorize the Division to operate a farm upon any property under his jurisdiction. Farms. Section 12. Agricultural products raised, grown, developed, produced, preserved, or processed on any farm operated by the Division may be disposed of in the following manner: (a) To the several departments, bureaus, boards, commissions and other agencies of the State of Georgia, Use of products. (b) To the boards of education of the several school systems of the State of Georgia, (c) To the governing authorities of the several counties and municipalities of the State of Georgia, and (d) To agencies of the federal government. Notwithstanding the other provisions of this section, the Commissioner of Agriculture is hereby authorized to enter into reciprocal agreements with other states for the exchange of agricultural products. The agricultural products received by the Commissioner pursuant to such agreements shall be used only in the public institutions of this State. Section 13. In the operation of the Division, the Commissioner shall be authorized to initiate and carry on any program authorized by the State or federal government. Programs.

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Section 14. The Division is hereby authorized and empowered to receive, accept, hold and use on behalf of the Division and for purposes provided in this Act, gifts, grants, donations, devises and bequeaths of real and personal property of every kind and description; provided, however, the Commissioner shall have the authority to reject any such gifts, grants, donations, devises and bequeaths. Gifts, etc. Section 15. The Division is hereby designated and empowered as the agency of this State to apply for, receive and administer appropriations, grants and donations for the purpose of operating farms and any program carried thereon on such farms from the federal government and from any of its departments, agencies and instrumentalities and from any other sources in conformity with law, and the Commissioner shall have the authority to use such appropriations, grants and donations for the purposes for which such funds were received. Same. Section 16. Any funds appropriated to the Department of Agriculture, not otherwise allocated, and any specific funds appropriated to the Division may be expended by the Commissioner for the purposes provided in this Act. Funds. Section 17. Budget authorities of this State are authorized to make available to the Division or Department funds to cover the costs incurred by virtue of performing the provisions of this Act. Budget. Section 18. It is hereby declared the legislative intent of this Act that all net funds realized from the operation of the institutional farms as authorized by this Act shall be appropriated to the Department for the use by the Division in accordance with applicable budget procedures. Intent. Section 19. An Act entitled An Act to create within the Department of Agriculture the office of Advisor to State Institutional Farms under the supervision and control of the Commissioner of Agriculture; to provide for the duties, compensation, powers and authority of the advisor; to provide an advisory committee, its composition, powers, duties,

Page 742

and compensation; to provide the duties of the Commissioner of Agriculture in conjunction herewith; to enumerate the duties of the advisor and the procedure connected with the exercise of the performance of such duties; to provide for reports of activities of the advisor; to repeal conflicting laws; and for other purposes., approved March 7, 1960 (Ga. L. 1960, p. 783), is hereby repealed in its entirety. 1960 Act repealed. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1966.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1966 PROPOSING AMENDMENTS TO THE CONSTITUTION OF GEORGIA

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PULASKI COUNTYHAWKINSVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 31 (House Resolution No. 316-719). A Resolution. Proposing an amendment to the Constitution so as to create the Pulaski County-Hawkinsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Pulaski County to be known as the Pulaski County-Hawkinsville Development Authority, which shall be an instrumentality of Pulaski County and the City of Hawkinsville and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of nine members as follows: (1) One member shall be the Commissioner of Roads and Revenues of Pulaski County. (2) One member shall be appointed by the Commissioner of Roads and Revenues of Pulaski County. Members. (3) One member shall be the Chairman of the Board of Commissioners of the City of Hawkinsville. (4) One member shall be appointed by the Board of Commissioners of the City of Hawkinsville. (5) One member shall be the chief executive officer of the Bank of Finleyson. (6) One member shall be the chief executive officer of Planters Bank of Hawkinsville.

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(7) One member shall be the chief executive officer of the Pulaski Banking Company of Hawkinsville. (8) One member shall be the President of the Pulaski County Farm Bureau. (9) One member shall be the Chairman of the Pulaksi County Development Board. All members, except those appointed by the Commissioner of Roads and Revenues of Pulaski County and the Board of Commissioners of the City of Hawkinsville, shall hold office as members of the Authority concurrent with their holding the office or holding the position designated herein. The members appointed by the Commissioner of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville shall be appointed for terms of two years and until their successors are appointed and qualified. Successors to such appointees shall be appointed by the original appointing authorities for terms of two years and until their successors are appointed and qualified. Any vacancies, except vacancies of the members appointed by the Commissioners of Roads and Revenues of Pulaski County and by the Board of Commissioners of the City of Hawkinsville which shall be filled for the unexpired term by the appointing authorities, shall be filled by a majority of the remaining members. A majority of the members shall constitute a quorum for the transaction of business, but no vacancy shall impair the power of the Authority to act. 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 Pulaski County and the City of Hawkinsville. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include, but not be limited to, the power:

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(1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Pulaski County and the City of Hawkinsville, and to that end to acquire by purchase or gift any building or structure within said county or city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (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

Page 747

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, Pulaski County or the City of Hawkinsville. Debts. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued

Page 748

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 Pulaski County or the City of Hawkinsville to pay any of the said obligations of said Authority. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment within Pulaksi County or the City of Hawkinsville. 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 Pulaski County and the City of Hawkinsville, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Pulaski County and the City of Hawkinsville and reducing unemployment to the greatest extent possible, and this amendment and any law enacted

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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 take office as members of said Authority within thirty (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Pulaksi County and the City of Hawkinsville and the scope of its operations shall be limited to the territory embraced within said County and City. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Pulaski County-Hawkinsville 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

Page 750

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 CORDELEBONDS FOR STREET CONSTRUCTION, ETC. Proposed Amendment to the Constitution. No. 32 (House Resolution No. 266-571). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities, and to assess the cost thereof against abutting property owners for the repayment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the governing authority of the City of Cordele is hereby authorized to issue revenue bonds or obligations to finance in whole or in part the laying out, grading, paving, repaving, resurfacing and repairing of streets and sidewalks and the relocation and repairing of utility and drainage facilities within the corporate limits of the City of Cordele. Said governing authority shall be authorized to assess all or a portion of the cost of such laying out, grading, paving, repaving, resurfacing and repairing of such streets and sidewalks and the relocation and repairing of utility and drainage facilities

Page 751

against the abutting property owners thereof for the purpose of repaying any revenue bonds or obligations issued hereunder. Said governing authority shall also be authorized to provide for the issuance and enforcement of executions for the collection of such assessments and for the creation of liens thereby against such abutting property. Said governing authority shall be authorized to allow said abutting property owners to pay said assessments over a period of years and may charge interest on the principal amount of such assessments at a rate not to exceed 6% per annum, or, in the event execution is issued, not to exceed 7% per annum from the time of issuance of such execution until such assessment is paid or otherwise satisfied. All funds received from the assessment of said abutting property owners shall be placed in a separate fund by said governing authority and shall be used exclusively for the purpose of repaying any revenue bonds or obligations issued hereunder. The cost of such laying out, grading, paving, repaving, resurfacing and repairing of streets and sidewalks and the relocation and repairing of utility and drainage facilities shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of the City of Cordele and applied uniformly to all streets, sidewalks and properties of the same class and similarly situated. Any revenue bonds authorized to be issued hereunder shall be issued and validated pursuant to the provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761) as the same is now or may hereafter be amended. Any revenue bonds issued hereunder shall not be deemed debts of, or create debts against, the City of Cordele, and the governing authority of the City of Cordele shall not exercise the power of taxation for the purpose of paying the principal or interest of any such revenue bonds or any part thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the 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 1, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the City of Cordele to issue revenue bonds for the purpose of financing the costs of paving or otherwise repairing and constructing streets and sidewalks and the relocation and repairing of utility and drainage facilities and to assess the cost thereof against abutting property owners for the repayment of such bonds? 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. FLOYD COUNTYWATER, SANITATION, ETC. DISTRICTS. Proposed Amendment to the Constitution. No. 33 (House Resolution No. 246-528). A Resolution Proposing an amendment to the Constitution so as to provide that the governing authority of Floyd County may establish water, sanitation, sewerage and fire protection districts in Floyd County; may administer water, sanitation,

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sewerage and fire protection systems in said districts; levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; provide what property shall be taxed for such purposes; to provide for the right of eminent domain; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of the County of Floyd is hereby given the authority and power to establish and administer within the bounds of the County of Floyd water, sanitation, sewerage and fire protection districts, each of which shall have such areas as may be found by said governing authority to be desirable; and may therein create, construct, maintain and operate a system, or systems, for said purposes; and provided that a district created for any system may include area of other district or districts created for the same or other systems or purposes and for said purposes shall have the power to make necessary plans and surveys; to hire necessary employees; to levy taxes or assessments on all property in said district or districts therefor; to issue bonds and revenue bonds for the construction and maintenance of said systems; to enter into contracts with private persons, firms, partnerships, public corporations, corporations and municipal corporations. Taxes may be levied therefor on all property in said districts upon the vote of the majority of the qualified voters of said districts voting at a special election to be called by the ordinary of said county, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. Bonds may be issued for such purposes and, if issued, shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of the County of Floyd, and only those voters residing in such

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district shall participate in such election held for that purpose. Any other provision of this Constitution to the contrary notwithstanding, the governing authority of said county may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes and any such bonds issued in and for any such district shall not affect the amount of bonds Floyd County may issue under Article VII, Section VII, Paragraph I of the Constitution for other purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of the taxes herein authorized and provided for, either for the operation and maintenance of the systems or for debt service. Provided further, that for the purposes hereinabove enumerated the said County of Floyd shall have the power of eminent domain and may exercise same upon the payment of just and adequate compensation as provided by this Constitution and the laws of this State. The planning, construction and establishing of any such system or systems may be financed in whole or in part by the issuance of revenue bonds as provided in the Revenue Bond Law of this State. All prior laws and parts of laws, constitutional amendments, and statutes, dealing with water, sanitation, sewerage, and fire protection districts in Floyd County are hereby repealed. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on 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 authorize and empower the governing authority of the County of Floyd to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All person 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. MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 34 (House Resolution No. 263-571). A Resolution. Proposing an amendment to the Constitution so as to create the Monroe 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:

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A. There is hereby created a body corporate and politic in Monroe County, to be known as the Monroe County Industrial Development Authority, which shall be an instrumentality of Monroe 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 Monroe 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. 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 Monroe County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; (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

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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 Monroe 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 Monroe County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishing, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking; (7) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;

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(8) To designate officers to sign and act for the Authority generally or in any specific matter; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Monroe County; Debts. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Monroe County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Monroe County; Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in

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escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: (1) The undertaking for which the bonds are to be issued will increase employment in Monroe County. Bonds. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said County, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Monroe 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 walfare industry and trade within Monroe 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. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and

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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 Monroe County and the scope of its operations shall be limited to the territory embraced within said County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Monroe 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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METHOD OF SELECTION, POWERS, ETC. OF COUNTY SCHOOL BOARDS AND SUPERINTENDENTS. Proposed Amendment to the Constitution. No. 35 (House Resolution No. 34-48). A Resolution. Proposing an amendment to the Constitution of Georgia so as to provide a method whereby the manner of electing or appointing members of county boards of education and county school superintendents, their term of office, residence requirements, and method of filling vacancies and the number of members on a county board of education, may be changed by local or special law and local referendum thereon; to provide for board members powers, duties and further qualifications, and superintendents qualifications, powers, duties and compensation to be as provided by law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Section V of Article VIII of the Constitution is hereby amended by adding thereto a new Paragraph II which shall read as follows: Paragraph II. Boards of education; change by referendum Notwithstanding provisions contained in Article VIII, Section V, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on said boards, may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law.

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Section 2. Section VI of Article VIII of the Constitution is hereby amended by adding thereto a new Paragraph II, which shall read as follows: Paragraph II. County school superintendents; change by referendum .Notwithstanding provisions contained in Article VIII, Section VI, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school superintendent, the term of office of county school superintendents, their residence requirements and the method of their election or appointment may hereafter be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation as may be provided by law. 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 a method whereby the manner of electing or appointing members of county boards of education and county school superintendents, their term of office, residence requirements, method of filling vacancies, and the number of members on county boards, may be changed by local or special law and local referendum thereon, and their qualifications, powers, duties and compensation be as provided by law?

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All person 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. COBB COUNTYCOUNTY MANAGER. Proposed Amendment to the Constitution. No. 36 (House Resolution No. 73-122). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to establish a county manager form of county government, without regard to uniformity, for 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. Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law, without regard to uniformity, a county manager form of county government for Cobb County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and

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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 authorize the General Assembly to establish a county manager form of county government, without regard to uniformity, for Cobb 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. OGLETHORPE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 37 (House Resolution No. 52-88). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people; to provide for the procedure connected therewith; to provide for the appointment of the county school superintendent of Oglethorpe County by the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following: The Board of Education of Oglethorpe County shall be composed of five members who shall be elected by the voters of the entire county. The terms, compensation, manner of election, time of election, method of filling vacancies, powers, duties, authority and all other matters relative to said Board, including the creation of education districts, shall be provided by law. The Board shall appoint the county school superintendent who shall have such qualifications, powers and duties as may be provided by law. The present county school superintendent of the Oglethorpe County school system shall continue to serve until the expiration of his term of office and until his successor is appointed and qualified. The General Assembly may provide by local law for all matters relative to the Oglethorpe County school system, the board of education thereof, and the county school superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of education and county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. Even though the system and the board and the superintendent thereof shall not replace the present system, board and superintendent until January 1, 1969 the General Assembly is hereby authorized to provide for such matters that shall be necessary prior to that date, such as the election of members, appointment by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. Until such time as the necessary legislation is enacted by the General Assembly to implement this amendment, the present school system in Oglethorpe County and the offices connected

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therewith shall continue to exist in the same manner as if this amendment had not been ratified. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Oglethorpe County by the people and to provide for the procedure connected therewith and to provide for the appointment of the county school superintendent of Oglethorpe County by the Board? 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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WHEELER COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 38 (House Resolution No. 185-399). A Resolution. Proposing an amendment to the Constitution so as to create the Wheeler County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section 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 Wheeler County to be known as the Wheeler County Development Authority, which shall be an instrumentality of the State of Georgia and of Wheeler County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and Revenue of Wheeler County (hereinafter referred to as `Board') as herein provided. 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 of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided. Members. (2) For the purpose of appointment of members of the Authority, Wheeler County is divided into two Authority

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Districts: Authority District No. 1 shall consist of the Alamo, Erick and Spring Hill Militia Districts, and Authority District No. 2 shall consist of the Glennwood, Landsberg and McArthur Militia Districts. (3) Two members of the Authority shall be residents of Authority District No. 1; two members of the Authority shall be residents of Authority District No. 2; one member of the Authority shall be a resident of and appointed from the County at large. (4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original appointments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees. 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 Wheeler County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include, but not be limited to, the power: (1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manufacturing plants, processing plants, commercial buildings, warehouses and other storage facilities, and plants and other facilities for

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storing, handling or processing agricultural and livestock products within the limits of Wheeler County. Powers. (2) To accept and administer gifts, grants and donations and to administer trusts. (3) To donate, grant, loan and lease without adequate consideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Wheeler County, any industrial, commerial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor. (5) To contract with Wheeler County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States. (6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority. (7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Wheeler County, and to make long-range plans therefor. (8) To exercise such other powers and duties as may be delegated to it by the Board.

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(9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. (11) To contract with private persons and corporations and to sue and be sued in its corporate name. E. The Authority shall have the same immunity and [Illegible Text] from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort [Illegible Text] etc. F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority. Compensation. G. Wheeler County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Wheeler 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 the Board 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. Tax support. H. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the

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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. I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Wheeler County and its citizens, industry, agriculture, trade, commerce and recreation in Wheeler County, and to authorize the use of public funds of Wheeler County for such purposes so as to provide employment and to improve the economy and living conditions in Wheeler County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. Intent. J. This amendment shall be self-executing and shall be effective immediately upon proclamation of its ratification by the Governor. Effective date. K. 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 scope and jurisdiction of the Authority shall be limited to Wheeler County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Wheeler County. General Assembly. L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Wheeler County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Wheeler County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Wheeler County. Debts.

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N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds. Bonds. (2) Revenue bonds issued or proposed for issue by the Authority may be validated as provided in the Act of the Legislature now known as the `Revenue Bond Law' (Ga. L. 1937, pp. 761. et seq), as amended, and the term `municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended. (3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Authority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract. (4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court. O. The term `Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Wheeler County and also any other board, group, or individual which may hereafter constitute the governing body or Authority of Wheeler County. Board defined. P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Wheeler County, which appropriation shall be in addition to the tax provided in Part G. Funds. Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual

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tax provided in Part G as security for any obligation or undertaking of the Authority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Wheeler County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment. Debts. R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made. Severability. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 Wheeler County Development Authority; to provide for the powers, authority, funds, purposes and procedure of such Authority; and to provide for the levy of a tax of one mill in Wheeler County to provide funds for such 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

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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. HEARD COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 39 (House Resolution No. 265-571). A Resolution. Proposing an amendment to the Constitution so as to create the Heard County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Heard County in the State of Georgia to be known as the Heard County Development Authority, which shall be an instrumentality of Heard 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 governing authority of Heard 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 governing authority of Heard County. A majority of members shall constitute a quorum

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and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing authority of Heard County, but there shall be no other disqualification to hold public office by reason of membership in the Authority. Members. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Heard County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real personal property of all kinds within Heard 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 Heard County. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the

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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. Laws 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority; (6) To contract with Heard County and other political subdivisions of the State of Georgia and with private persons and corporations and to sue and to be sued in its corporate name; (7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Heard 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 Heard 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

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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 governing authority of Heard County; (10) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (11) To designate officers to sign and act for the Authority generally or in any specific matter; (12) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Heard 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; Tort liability, etc. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the governing authority of Heard County but such compensation shall be paid from funds of the Authority; Compensation.

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H. Heard County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Heard County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; Funds. I. Heard County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; Same. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Heard County and its citizens, industry, agriculture, trade, commerce and recreation within Heard County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Heard 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.

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L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Heard County, and the scope of its operations shall be limited to the territory embraced within Heard County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Heard County. General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Heard County, nor State of Georgia; 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 Heard County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. As used herein, the following words and terms 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 Heard 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.

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(2) The term `cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. P. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Heard 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.

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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. CATOOSA COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 40 (House Resolution No. 321-724). A Resolution. Proposing an amendment to the Constitution so as to create the Catoosa County Development Authority; to provide for powers, authority, funds, purpose and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Catoosa County to be known as the Catoosa County Development Authority, which shall be an instrumentality of Catoosa 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.

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C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Catoosa County. Taxes. 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 Catoosa County. Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Catoosa 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

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assign any and all of its funds, property and income as security therefor; (5) To contract with Catoosa 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 corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (7) To encourage and promote the expansion and development of industry, agriculture trade, and commerce and the facilities therefor in Catoosa 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 Catoosa County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. 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

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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 Catoosa County; Debts. F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Tort liability, etc. G. The members of the Authority shall receive no compensation for their services of the Authority; Compensation. H. The Authority, with the consent of the governing authority of Catoosa 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

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the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds, thus issued, shall be paid first from the income of the Authority. In the event such income is not sufficient to pay the principal and interest of such Revenue Bonds, as they mature, then the governing authority of Catoosa County is authorized and required to provide the additional funds necessary to make such payment, and for this purpose the said governing authority is authorized to levy an annual tax on all taxable property within the county provided such tax shall not exceed five mills; Bonds. I. The governing authority of Catoosa County is also authorized in addition to the tax provided in Paragraph H, to appropriate to the Authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the Authority shall become a part of the funds of the Authority and may be used for the purposes as herein stated or as may hereafter be defined by law; 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

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be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Debts. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Catoosa County and its citizens, industry, agriculture and trade within the County of Catoosa, and making long-range plans for such development and expansion and to authorize the use of public funds of Catoosa 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. Bonds. 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 Catoosa County, and the scope of its operations shall be limited to the territory embraced within Catoosa County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Catoosa 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 Catoosa 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

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their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Catoosa 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. TOOMBS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 41 (House Resolution No. 152-313). A Resolution. Proposing an amendment to the Constitution so as to create the Toombs County Development Authority, to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for

Page 788

the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section 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 Toombs County to be known as the Toombs County Development Authority, which shall be an instrumentality of the State of Georgia and of Toombs County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and Revenue of Toombs County (hereinafter referred to as `Board') as herein provided. 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 of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided. Members. (2) For the purpose of appointment of members of the Authority, Toombs County is divided into two Authority Districts: Authority District No. 1 shall consist of the 43rd, 51st, 1715th and 1823rd Georgia Militia Districts; Authority District No. 2 shall consist of that part of Toombs County not included in Authority District No. 1. Districts. (3) Three (3) members of the Authority shall be residents of Authority District No. 1, and at least two (2) of such members shall be residents of the City of

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Vidalia. Two members of the Authority shall be residents of Authority District No. 2 and at least one of such members shall be a resident of the City of Lyons. Members. (4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments other than the original appointments and including appointments to fill unexpired terms shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees. Same. 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 Toombs County. The exemption from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxation. D. The powers of the Authority shall include but not be limited to, the power: (1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including but not limited to, land, buildings, machinery, equipment, industrial plants, manufacturing plants, processing plants, commercial buildings, warehouses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and live-stock products within the limits of Toombs County. Powers. (2) To accept and administer gifts, grants and donations and to administer trusts.

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(3) To donate, grant, loan and lease without adequate consideration or without any consideration or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Toombs County any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor. (5) To contract with Toombs County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States. (6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority. (7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Toombs County, and to make long-range plans therefor. (8) To exercise such other powers and duties as may be delegated to it by the Board. (9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

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(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. (11) To contract with private persons and corporations and to sue and be used in its corporate name. E. 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 when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability, etc. F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority. Compensation. C. Toombs County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Toombs 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 the Board 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. H. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property.

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I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Toombs County and its citizens, industry, agriculture, trade, commerce and recreation in Toombs County, and to authorize the use of public funds of Toombs County for such purposes so as to provide employment and to improve the economy and living conditions in Toombs County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. J. This amendment shall be self-executing and shall be effective immediately upon proclamation of its ratification by the Governor. Effective date. K. 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 scope and jurisdiction of the Authority shall be limited to Toombs County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Toombs County. General Assembly. L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Toombs County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Toombs County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Toombs County. Debt. N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing

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any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds. Revenue bonds. (2) Revenue bonds issued or proposed for issue by the Authority may be validated as provided in the Act of the Legislature now known as the `Revenue Bond Law' (Ga. L. 1937, pp. 761, et seq), as amended, and the term `municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended. (3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Authority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract. (4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court. O. The term `Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Toombs County and also any other board, group, or individual which may hereafter constitute the governing board or authority of Toombs County. Board defined. P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Toombs County, which appropriation shall be in addition to the tax provided in Part G. Funds. Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual

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tax provided in Part G as security for any obligation or undertaking of the Authority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Toombs County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment. Same. R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made. Severability. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 Toombs County Development Authority; to provide for the powers, authority, funds, purposes and procedure of such Authority; and to provide for the levy of a tax of one mill in Toombs County to provide funds for such 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

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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 COUNTYCONSOLIDATION OF OFFICES OF CLERK OF SUPERIOR COURT AND ORDINARY. Proposed Amendment to the Constitution. No. 42 (House Resolution No. 271-571). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to consolidate and combine the offices of the clerk of the superior court and ordinary of Crawford County into one office and to provide that the various duties and responsibilities of each such office shall be discharged and exercised by the consolidated office; to authorize the General Assembly to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section II of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly is hereby authorized to consolidate and combine the offices of the clerk of the superior court and the ordinary of Crawford County into one office. The General Assembly is further authorized to provide the necessary procedures connected with such consolidation and to provide for the election, compensation, duties and responsibilities of such officer.

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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 General Assembly to consolidate and combine the offices of the clerk of the superior court and the ordinary of Crawford County into one office? 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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APPLING COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 43 (House Resolution No. 290-679). A Resolution. Proposing an amendment to the Constitution so as to create the Appling County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic to be known as the Appling County Industrial Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation. Created. B. The Authority is created for the purpose of expanding and developing industry in Appling County and for improving the general welfare of said county. Purpose. C. The Authority shall consist of seven (7) members as follows: (1) The member of the House of Representatives in whose district Appling County is located. Members, etc. (2) The Chairman of the Board of Commissioners of Roads and Revenues of Appling County. (3) The Mayor of the City of Baxley. (4) The President of the Appling Development Corporation.

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(5) The President of Surrency Industries, Inc. (6) The President of Appling Industries, Inc. (7) The President of Jaycees for Progress, Inc. All such members shall serve by virtue of their office and in the event one of the four designated corporations ceases to be a corporation, the remaining members of the Authority shall appoint a member to serve on the Authority. Prior to taking office the members shall subscribe to the following oath which shall be filed in the office of the Board of Commissioners of Roads and Revenue of Appling County, Georgia to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Appling County Industrial Development Authority, So Help Me God.' The members of the said Authority shall receive no compensation for their services. D. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: Definitions. (1) The word `Authority' shall mean the `Appling County Industrial Development Authority,' created hereby. (2) The word `Project' shall be deemed to mean and include the optioning, leasing and acquisition of lands, properties and improvements for development, expansion and promotion of industry and the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing, or renting such structures or equipment to private persons, firms or corporations. (3) The term `cost of project' shall embrace the cost of construction, cost of lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during

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construction, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expenses be considered a part of the cost of any project. E. Any four (4) members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four (4) affirmative votes. Quorum. F. The powers of the Authority herein created shall include, but not be 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 political subdivisions and with private persons and corporations. (3) To acquire, hold, and dispose of real and personal property, including the stock of other corporations for its corporate purposes. (4) To buy, acquire, receive as gifts, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage as well as execute deeds to secure debt to the and for land, buildings and property of all kinds within the County of Appling. (5) To enter into contracts for periods of time not in excess of one hundred (100) years. (6) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, real property or rights of easements therein or

Page 800

franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the Authority. (7) To encourage and promote the expansion of industry in the County of Appling, 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. (9) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects, and leases, and rental and sale of projects; or contracts with respect to the use of projects, which it erects or acquires. (10) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and to pay the costs of any such project from the proceeds of revenue bonds or any other income of the Authority, or from any contributions or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (11) To elect its own officers from the membership of the Authority and to authorize and empower such officers to act for the Authority generally or in any specific matter. (12) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended), as amended, and as subsequently amended, with reference to the issuance of such revenue

Page 801

bonds 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 of revenue bonds issued by the Authority. (15) To borrow money for any of its corporate purposes and to execute debentures, bonds, notes, mortgages, deeds to secure debt, trust deeds and other such instruments as may be necessary or convenient to evidence and secure such borrowing. (16) To do all things within its powers to encourage industrial growth development in Appling 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 herein upon the Authority. (21) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business

Page 802

may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. G. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Bonds. H. The Authority shall not be allowed to create in any manner any debt, liability or operation, against the State of Georgia, Appling County, nor any municipality in said county. Debt. I. The obligations and interest on the obligations of the Authority shall have the same exemptions from taxation as obligations and interest on the obligations of Appling County. Taxes. The exemptions from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person or corporation to use or occupy any real estate of the Authority for a period of five years or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as the General Assembly may hereafter provide by general or local law. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. J. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution, shall revert to Appling County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. Property. K. The books and records of the Authority shall be audited at the expense of the Authority, by a competent independent auditor, but not more often than annually. Whenever such audit shall be made, the minutes and

Page 803

records of the same shall be filed with the Clerk of the Board of Commissioners of Roads and Revenue of Appling County. Audits. L. The rights and powers herein conferred upon the Authority are self executing and no enabling act of the General Assembly shall be necessary. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Appling County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures 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.

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CHATTOOGA COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 44 (House Resolution No. 114-196). A Resolution. Proposing an amendment to the Constitution so as to create the Chattooga County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Constitution of the State of Georgia as heretofore amended, is hereby further amended by adding at the end of Article VII, Section V, Paragraph I the following paragraphs, to be appropriately numbered, which shall read as follows: A. There is hereby created a body corporate and politic in Chattooga County to be known as the Chattooga County Development Authority, which shall be an instrumentality of the State of Georgia and Chattooga County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of five members. The Commissioner of Roads and Revenues for Chattooga County shall appoint one member, the Mayor and Council of the City of Summerville shall appoint one member; the Mayor and Council of the City of Trion shall appoint one member; the Mayor and Council of the City of Menlo shall appoint one member and the Mayor and Council of the City of Lyerly shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said members shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the

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Authority by Chattooga County. Members of the Authority shall be residents of Chattooga County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner.; C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Chattooga County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.; Taxes. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property, contract rights and income as security therefor; 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 corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority;

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(5) To encourage and promote the expansion and development of industrial and commercial facilities in Chattooga 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 Chattooga County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty 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 manner; (9) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

Page 807

E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Chattooga County. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in 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 now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any property, real or personal, in existence or anticipated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the payment of said bonds. 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 contained herein shall be construed to create a right to compel any exercise of the taxing power of Chattooga County to pay any such bonds or the interest thereon nor to enforce payment therefor against any property of Chattooga County. Bonds. H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense. Gifts. I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and

Page 808

personal, held by the Authority at the time of such disolution shall revert to the municipalities of Summerville, Trion, Menlo, Lyerly and to Chattooga County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public corporation and an instrumentality of purely public charity performing an essential governmental function in behalf of Chattooga County. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Chattooga 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. K. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation. Effective date. L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia and Chattooga County and the scope of the operations of the Authority 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 the limits of Chattooga oCunty. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

Page 809

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 Chattooga 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. HANCOCK COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 45 (House Resolution No. 195-421). A Resolution. Proposing an amendment to the Constitution so as to create the Hancock County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

Page 810

A. There is hereby created a body corporate and politic in Hancock County in the State of Georgia to be known as the Hancock County Development Authority, which shall be an instrumentality of Hancock County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of five (5) members who shall be appointed as hereinafter provided. The governing authority of Hancock County shall appoint three members to the Authority for initial terms of office of 1, 2 and 3 years, respectively. The governing authority of the City of Sparta shall appoint two members to the Authority for initial terms of office of 4 and 5 years, respectively. Thereafter, successors to the initial members of the Authority shall be appointed by the respective governing authority which made the initial appointment for a term of 5 years and until their successors are duly appointed and qualified. Vacancies in the membership of the Authority shall be filled in the same manner as appointments to the Authority are made. 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. Membership on the governing authority of any of the appointing authorities 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. In the event that the City of Sparta and Hancock County are ever combined or consolidated into one governmental unit, then the governing authority of such combined governmental unit shall appoint the members of the Authority as herein provided. 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 Hancock 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. Taxes.

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D. The powers of the Authority shall include but shall not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Hancock 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 Hancock 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 purpoes of the Authority; (6) To contract with Hancock 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,

Page 812

including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Hancock 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 Hancock 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, reconstruction, 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 governing authority of Hancock 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 813

(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 Hancock County, any municipality located therein, nor the State of Georgia; Debt. F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Tort liability, etc. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the governing authorities of Hancock County and the City of Sparta, but such compensation shall be paid from the funds of the Authority; Compensation. H. The governing authority of Hancock 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 Hancock County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; Funds. I. Hancock County and the City of Sparta are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority

Page 814

shall determine to be appropriate, but not exceeding twenty per cent of their total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; Same. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Hancock County and its citizens, industry, agriculture, trade, commerce and recreation within Hancock County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Hancock 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 Hancock County, and the scope of its operations shall be limited to the territory embraced within Hancock County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Hancock County; General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Hancock County, the City of Sparta, nor the State of Georgia; Debt.

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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 Hancock County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: Definitions. (1) The word `project' shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Hancock County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes. (2) The term `cost of project' shall embrace: The cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. P. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by

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the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Hancock 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.

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MUSCOGEE COUNTYCONSOLIDATION OF POWERS WITH MUNICIPALITIES. Proposed Amendment to the Constitution. No. 46 (House Resolution No. 190-407). A Resolution. Proposing an amendment to the Constitution of the State of Georgia to authorize the General Assembly, upon recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County and any municipality located within the limits of Muscogee County, to combine or consolidate administrative departments and functions of county government with administrative departments and functions of any municipality located within the limits of Muscogee County; to provide the procedure connected herewith, to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly shall have power, by legislation, after recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County and the governing body of any municipality located within the limits of Muscogee County, to combine or consolidate any of the several powers, authorities, duties, and functions of administrative departments vested in the County of Muscogee with the powers, authorities, duties and functions of the administrative departments of any municipal corporation located within the limits of Muscogee County, and to effect the combination or consolidation, may combine or consolidate any administrative board, bureau, agency, office, or any other administrative department; all subject only to such limitations as are within this paragraph provided.

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To that end, and without limiting the generality of the foregoing, the General Assembly is authorized to: 1. Specify the respective methods of selection, terms, compensation, powers, authority, duties, liabilities, and functions of the combined administrative officers or office, board, bureau, public agency or any other administrative department. 2. Vest in any such combined administrative agency, office, officers, board or bureau, or administrative agency such powers as it shall deem proper. 3. Provide for the preservation of all existent civil service, pension and retirement rights. The powers herein granted: 1. Are remedial and shall be liberally construed to effectuate their purpose. 2. May be exercised by it notwithstanding any other provision of this Constitution or of law. 3. Shall not be exhausted by their initial exercise, but may be exercised from time to time. 4. Are cumulative of all other powers now held by the General Assembly, Muscogee County, and any municipality located within the limits of Muscogee County, and are not in lieu thereof. 5. Shall not be construed as giving any right or power to consolidate or combine any elective officers or offices. 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

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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: Shall the Constitution be amended so as to authorize the General Assembly, after recommendation by the Board of Commissioners of Roads and Revenues of Muscogee County and any municipality located within the limits of Muscogee County, to combine and consolidate administrative boards, bureaus, public agencies, offices, officers, or any other administrative departments of Muscogee County with administrative departments of any municipal corporation located in Muscogee County. YES () NO () 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 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. ELECTION OF SUPERIOR COURT JUDGES. Proposed Amendment to the Constitution. No. 47 (House Resolution No. 29-44). A Resolution. Proposing an amendment to Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, so as to provide

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that each superior court judge shall be elected only by the electors of the circuit for which such superior court judge shall serve; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section III, Paragraph II of the Constitution of Georgia, relating to the office and election of superior court judges, is hereby amended by striking from said Paragraph the words whole state, and inserting in lieu thereof the words circuit wherein the superior court judge is to serve, who are, so that when so amended, Article VI, Section III, Paragraph II shall read as follows: Paragraph II. Elections, when to be held . The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that superior court judges shall be elected only by the electors residing in the circuit in which the superior court judge is to serve?

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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. WAYNE COUNTYTAX FOR INDUSTRIAL DEVELOPMENT. Proposed Amendment to the Constitution. No. 48 (House Resolution No. 194-418). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development 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 IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Wayne County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed one mill on all the taxable property in said county for industrial purposes. The proceeds or any part thereof of such tax may be turned over to the Wayne County Industrial Development

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Authority for use by said authority as provided by laws relative thereto. Such tax funds may also be used in connection with industrial parks, Such funds may be used in any manner for assisting, promoting, and encouraging the location of industries in Wayne County and to assist and promote in any manner the industrial development of Wayne County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Wayne County to levy a tax not to exceed one mill for industrial development 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 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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GLYNN COUNTYCHARTER COMMISSION. Proposed Amendment to the Constitution. No. 49 (House Resolution No. 139-291). A Resolution. Proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Glynn County which single government shall supersede and replace the existing governments of the City of Brunswick and Glynn County. Said local act shall further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Glynn County for approval or rejection in such manner as the General Assembly shall provide by said local act. To carry out the purposes of this amendment, the General Assembly is hereby expressly authorized to delegate

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its powers by said local act to said Charter Commission and may authorize said Commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to provide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following: 1. For the abolishment of the existing governments of the City of Brunswick and Glynn County and for the creation of a new single government having all powers formerly exercised by the City of Brunswick and Glynn County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provisions of law; the form and composition of said new government to be as said charter shall provide. 2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assitance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs. 3. For the abolishment of any one or more public offices including coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Brunswick and Glynn County. 4. For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters

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incidental or necessary to the creation of said county-wide governing authority. 5. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or incidental thereto. 6. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district. 7. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of the City of Brunswick and Glynn County and a method by which said county-wide government shall assume the payment of any obligations of the City of Brunswick and Glynn County issued under the Revenue Bond Law. 8. For the transfer to said county-wide government of the assets, contracts and franchises of the City of Brunswick and Glynn County. 9. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof. 10. For the method or methods by which said Charter may be amended. Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Commission shall be

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shared by the City of Brunswick and Glynn County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Brunswick and the governing authority of Glynn County are hereby authorized to expend public funds for such purposes. Nothing herein shall be construed so as to authorize the General Assembly or any Charter Commission created pursuant to any local act passed by the General Assembly in pursuance of this amendment to: 1. Abolish or alter the status of the Board of Education of Glynn County or the Glynn County school system. 2. Impair or diminish any civil service pension and retirement rights existing at the time of ratification of this amendment. 3. Abolish the office of sheriff. 4. Abolish or alter the status of any State, county, or City courts presently existing in Glynn County or the City of Brunswick. 5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution. Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the board of education, school district, office of sheriff, civil service and pension rights, homestead exemptions and courts which existed prior to the adoption of this paragraph. Provided further, that the foregoing limitations relating to courts shall not be construed so as to prohibit the abolishment of any court created by and operating under the provisions of the charter of the City of Brunswick. The powers herein granted to the General Assembly: 1. Are remedial and shall be liberally construed to effectuate their purpose.

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2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law. 3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may determine. 4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the 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 General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolidation of the governments of the City of Brunswick and Glynn County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Glynn County and to draft a charter to create such government? 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

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the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. DEKALB COUNTYSYSTEMS OF GARBAGE DISPOSAL. Proposed Amendment to the Constitution. No. 50 (House Resolution No. 200-423). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, to provide systems of garbage disposal; to provide for the division of said county into such territorial sanitation districts as said board shall deem advisable; to provide for service charges against residents and businesses served by such garbage disposal facilities; to provide for the compliance with rules and regulations adopted by said Board by all businesses and residents in said districts; to provide for the issuance of executions for said services; to provide for the submission of this amendment for ratification or rejection at the next general election; and for other purposes. Section 1. Be it resolved by the General Assembly of the State of Georgia that Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia of 1945 be, and the same is hereby amended by adding a new paragraph thereto, which shall read as follows: The Board of Commissioners of Roads and Revenues of DeKalb County, Georgia, as the governing authority of said county, in addition to all powers heretofore conferred upon it, is hereby authorized and empowered to

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provide systems of garbage disposal in said county, exclusive of any incorporated municipality not wholly lying in DeKalb County. For the carrying out of such purpose, said board of commissioners shall be authorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments or make service charges against all businesses, residents and property served by said garbage disposal facilities as said Board shall deem necessary for the services rendered in said sanitation districts. Said board of commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in said area to comply with all rules and regulations adopted by said board for garbage disposal facilities. The assessments or service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for county taxes and shall be collected by the tax commissioner of said county in the same manner as taxes are collected. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I, of the Constitution of Georgia of 1945 as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County. Against ratification of amendment to the Constitution so as to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within DeKalb County.

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All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for election for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the governor, who shall issue his proclamation thereon. BIBB COUNTYRECREATIONAL FACILITIES. Proposed Amendment to the Constitution. No. 51 (House Resolution No. 217-461). A Resolution. Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to establish, maintain, alter, and discontinue a system or systems of recreation; to pay the cost thereof; and to levy a tax to finance the same; to provide for the submission of this amendment for ratification or rejection by the people affected; and for other purposes. Be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of the same as follows: Section 1. Article VII, Section IV, Paragraph I of the Constitution of Georgia, and as the same has heretofore

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been or contemporaneously with the ratification hereof is amended, revised or changed shall be further amended by adding at the end thereof the following: Provided, however, that the governing authority of Bibb County is hereby empowered, without further authority, to establish, maintain, alter, and discontinue a system or systems of recreation and to pay the cost thereof; and to that end, said governing authority is herewith authorized and empowered to levy a tax to finance the same. Section 2. When the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof. Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to establish, maintain, alter and discontinue a system or systems of recreation and to levy a tax to pay the cost thereof. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of

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the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon and thereof. CITY OF MARIETTADEBT FOR SCHOOL PURPOSES. Proposed Amendment to the Constitution. No. 52 (House Resolution No. 220-467). A Resolution. Proposing an amendment to the Constitution so as to authorize the City of Marietta, in addition to all other debts which the city is authorized to incur and in addition to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only; 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 a new paragraph to read as follows: In addition to all other debts which the City of Marietta is authorized to incur, and in addition to the debt limitations imposed upon said city by the provisions of this Constitution, the City of Marietta shall be authorized to incur an additional debt not to exceed seven per cent (7%) of the assessing value of all the taxable property located in said city for school purposes only. Provided, however, that there shall be included all outstanding

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indebtedness which has been incurred by the City of Marietta for school purposes at the time of the ratification of this amendment in determining the debt limitation authorized by this paragraph. No additional debt as authorized by this paragraph shall be incurred unless a majority of the qualified voters of said city shall assent thereto in an election held for that purpose and in accordance with the provisions of Paragraph I of this Section. 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, in addition to all other debts which the city is authorized to incur and in addition to all debt limitations imposed upon said city, to incur additional indebtedness not to exceed seven per cent (7%) of the assessed value of all taxable property located in said city for school purposes only? 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

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members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CLARKE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 53 (House Resolution No. 255-539). A Resolution. Proposing an amendment to the Constitution to increase the membership of the board of education of Clarke County from nine to eleven members; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VII of the Constitution is hereby amended by striking therefrom Subparagraph (i) which was added to said Section by an amendment to the Constitution proposed by a resolution found in Georgia Laws 1953, January-February Session, page 560 and ratified at the general election conducted in 1954 and which reads as follows: (i) The board of education shall consist of not more than nine (9) members and not less than seven (7) members, with terms and qualifications as set by the General Assembly., and substituting in lieu thereof the following: (i) The board of education shall consist of not more than eleven (11) members and not less than seven (7) members, with terms and qualifications as set by the General Assembly.

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Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted 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 increase the membership of the board of education of Clarke County from nine to eleven members? 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. BIBB COUNTYGROUP INSURANCE FOR EMPLOYEES. Proposed Amendment to the Constitution. No. 54 (House Resolution No. 218-461). A Resolution. Proposing to the qualified voters of Bibb County an amendment to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, and as the

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same has been heretofore or contemporaneously with the ratification hereof amended, so as to empower the governing authority of Bibb County to pay, in whole or in part, and as from time to time determined, and to levy an ad valorem tax therefor, insurance premiums for group life insurance, as well as for group hospital, surgical and medical care (either, all or any combination of the same as the governing authority may, from time to time decide) for employees; to define the meaning of employees; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Be it resolved by the General Assembly of Georgia, and it is so resolved by such authority that Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, and as the same has been heretofore amended or may, contemporaneously with the ratification hereof, be amended, is hereby further amended by adding at the end thereof a new subparagraph to read: Provided, however, that the governing authority of Bibb County may, in its discretion and without further authority than provided herein and by ratification hereof, pay and levy an ad valorem tax for paying, in whole or in part, and in such proportions as such governing authority may from time to time determine, insurance premiums for group hospital, surgical and medical care (including but not limited to major medical insurance) as well as for group life insurance (either, all or any combination of the same as said governing authority may, from time to time decide) for employees of Bibb County; employees, as used herein, to include all persons actively employed in the full time service of the county (limited temporary service excluded) upon the effective date of this amendment and thereafter, and whose salary, wage or compensation is paid by the county and by check of the treasurer of the county whether payable directly to the recipient or to another for transmission or distribution, and whether appointed by the governing authority

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or by an elected or appointed official and including appointees of the Judges of the Superior Court in and for Bibb County and including elective officials of Bibb County, but excluding court bailiffs who serve on a per diem basis. Section 2. Be it further resolved that when the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees. Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to levy a tax to pay or contribute to the payment of insurance premiums for group life insurance, as well as for group hospital, surgical and medical care for employees. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and

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certify the result to the Governor, who shall issue his proclamation thereon and thereof. TREUTLEN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 55 (House Resolution No. 206-435). A Resolution. Proposing an amendment to the Constitution so as to create the Treutlen County Development Authority; to provide for powers, authority, funds, purposes and procedures connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section 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 Treutlen County to be known as the Treutlen County Development Authority, which shall be an instrumentality of the State of Georgia and of Treutlen County and a public corporation, and which in this amendment is hereafter referred to as the `Authority'. Created. B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be residents of Treutlen County and shall be appointed by the Board of Commissioners of Roads and Revenue of Treutlen County (hereinafter referred to as `Board') from the county at large. A majority of the members shall constitute a quorum and a majority may act for the Authority

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in any matter. No vacancy shall impair the power of the Authority to act. Members of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall be filled for the unexpired term by the Board as herein provided. Members. (2) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967, and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appointments and including appointments to fill unexpired terms, shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees. 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 Treutlen County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include, but not be limited to, the power: (1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manufacturing plants, processing plants, commercial buildings, warehouses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Treutlen County. Powers. (2) To accept and administer gifts, grants and donations and to administer trusts.

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(3) To donate, grant, loan and lease without adequate consideration or without any consideration, or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Treutlen County, any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor. (5) To contract with Treutlen County, the State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States. (6) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority. (7) To aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Treutlen County, and to make long-range plans therefor. (8) To exercise such other powers and duties as may be delegated to it by the Board. (9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested.

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(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. (11) To contract with private persons and corporations and to sue and be sued in its corporate name. E. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia, when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority Tort liability, etc. F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority. Compensation. G. Treutlen County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on all taxable property within Treutlen 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 the Board 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. H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property.

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I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Treutlen County and its citizens, industry, agriculture, trade, commerce and recreation in Treutlen County, and to authorize the use of public funds of Treutlen County for such purposes so as to provide employment and to improve the economy and living conditions in Treutlen County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. Intent. J. This aemndment shall be self-executing and shall be effective immediately upon proclamation of its ratification by the Governor. Effective date. K. 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 scope and jurisdiction of the Authority shall be limited to Treutlen County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Treutlen County. General Assembly. L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Treutlen County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Treutlen County or of the State of Georia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Treutlen County. Debt. N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing

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any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds. Bonds. (2) Revenue bonds issued or proposed for issue by the Authority may be validated as provided in the Act of the Legislature now known as the `Revenue Bond Law' (Ga. L. 1937, pp. 761, et seq), as amended, and the term `municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all the rights and powers conferred upon municipalities by said Act, as amended. Same. (3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Authority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract. (4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court. O. The term `Board' where used herein shall include the present Board of Commissioners of Roads and Revenue of Treutlen County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Treutlen County. Board defined. P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Treutlen County, which appropriation shall be in addition to the tax provided in Part G. Funds. Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking

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of the Authority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Treutlen County (Acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment. Debt. R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made. Severability. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 Treutlen County Development Authority; to provide for the powers, authority, funds, purposes and procedures of such Authority; and to provide for the levy of a tax of one mill in Treutlen County to provide funds for such 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

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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 WOODBINE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 56 (House Resolution No. 113-196). A Resolution. Proposing an amendment to the Constitution so as to create the City of Woodbine Development Authority; to provide for powers, authority, 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 `City of Woodbine Development Authority', hereinafter referred to as the `Authority', which shall be an instrumentality of the State of Georgia and a public corporation. Created. B. The Authority shall consist of 5 members who shall be appointed by the governing authority of the City of Woodbine. The first members appointed to the Authority shall be appointed for terms of 1, 2, 3, 4 and 5 years respectively. The governing authority shall designate the term of office of each of the first members of the Authority when making the appointment. Thereafter, the

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terms of all members shall be for 5 years each and until their successors are appointed and qualified. Vacancies for unexpired terms shall be filled in the same manner as appointments. A majority of the members shall constitute a quorum and may act for the Authority in any matter which may come before the Authority. 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. 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. 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 the City of Woodbine. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. 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 `City of Woodbine Development Authority', created hereby. Definitions. (2) The word `project' shall be deemed to mean and include property, real 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 the City of Woodbine, or any combination

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thereof, the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; or the constitution, 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 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 the State of Georgia, any instrumentality thereof, any county or any municipality thereof, and any other political subdivision and with private persons, firms, corporations and associations; (4) to receive and administer gifts, grants, and devises of any property and to administer trusts;

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(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 purposes of providing funds for carrying out the purpose of the Authority; (9) to appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (10) to construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue-anticipation bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (11) to issue revenue-anticipation bonds for the purpose of paying all or any part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue-anticipation bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), as amended, providing for the issuance of revenue-anticipation bonds. As security for the payment of any revenue-anticipation bonds so authorized, any property,

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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 of indenture. The State of Georgia in behalf of the State and the City of Woodbine hereby waives any right the State or the City of Woodbine 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 hereof. For purposes of the aforesaid judicial validation, the Authority shall be regarded as being located in Camden County, and the Superior Court of Camden County shall have jurisdiction and the requisite notices shall be published in Camden 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 appal 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 the City of Woodbine is hereby authorized to levy an annual ad valorem tax on all taxable property located within the corporate limits of said city not to exceed 3 mills and to transfer the funds produced by such levy to the City of Woodbine Development Authority to be used by said Authority for industrial development purposes in general. 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

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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, etc. 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 the City of Woodbine 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 conduct of the Authority. 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 the City of Woodbine. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of the City of Woodbine. 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, or the City of Woodbine. 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

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shall revert to the City of Woodbine 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 days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the City of Woodbine 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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COBB COUNTYSIDEWALKS Proposed Amendment to the Constitution. No. 57 (House Resolution No. 327-762). A Resolution. Proposing an amendment to the Constitution so as to authorize Cobb County to install, construct, extend, repair and improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects; 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 following the first paragraph thereof a new paragraph to read as follows: Cobb County is hereby authorized to install, construct, extend, repair and improve sidewalks in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in the manner provided for above in order to finance said projects. 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 Cobb County to install, construct, extend, repair and improve sidewalks

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in the incorporated as well as in the unincorporated areas of Cobb County and to issue general obligation bonds in order to finance said projects? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiding 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. HENRY COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 58 (House Resolution No. 222-467). A Resolution. Proposing an amendment to the Constitution so as to create the Henry County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Henry County Development Authority'

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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 within the limits of Henry County. The County and any municipality located therein may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Taxes. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Henry County. The exemptions from taxation herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority. Property. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Henry County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall

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be used continually and exclusively for the purposes for which the Authority is created. Intent. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Powers. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and 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 Henry 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

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members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result of the Governor, who shall issue his proclamation thereon. GWINNETT COUNTYFIRE PROTECTION DISTRICTS. Proposed Amendment to the Constitution. No. 59 (House Resolution No. 242-504). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Gwinnett County is hereby authorized and empowered to establish and administer fire protection districts and sewerage districts in the unincorporated area of the County. The governing authority shall fix the geographical boundaries of any such district and may construct, maintain, operate and administer a fire protection system or a sewerage system, as the case may be, in such district. The governing authority is hereby authorized to levy a tax, not to exceed five mills, for such purpose on all property in said district, if the levying of such tax is approved by a majority vote of those qualified voters of said district voting at a special election to be called and conducted by the ordinary of said county in said district. The governing authority shall

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set the date for said election, which shall be held and conducted as are other special elections. General obligation bonds also may be issued for such purposes, to be paid for by taxes levied only in said district. In the event such bonds are issued, a tax may be levied in such district with no limitation as to rate or amount and such tax shall not be affected by the tax of not to exceed five mills provided for hereinbefore. If such bonds are issued, they shall be authorized in all respects as provided in Article VII, Section VII, Paragraph I of the Constitution at an election called and held by the governing authority of Gwinnett County and only those voters residing in the affected district shall participate in the election held for that purpose. Such bonds may be issued in an amount up to ten (10%) percent of the assessed valuation of property located in such district and such percentage shall be in addition to that authorized elsewhere in this Constitution. The governing authority is also authorized to issue revenue bonds for such purposes as authorized by the Constitution and laws of this State. The homestead exemption granted under the Constitution and laws of this State shall not be granted and shall not apply to the levy of any taxes provided for herein. In order to assist in constructing, maintaining, operating, and administering any such system, assessment may be made against the property in such district benefitted thereby, and the General Assembly is hereby authorized to provide the property against which assessments may be made, the procedure relative thereto, and all other matters relative thereto. In addition to the authority granted hereinbefore, the governing authority of Gwinnett County is hereby authorized to contract with any other political subdivision for the furnishing of fire protection services or sewerage services, or both, to any district established by the governing authority. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

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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 be amended so as to authorize the governing authority of Gwinnett County to establish and administer fire protection districts and sewerage districts in said 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. COLUMBIA COUNTYSTREETS, SIDEWALKS, ETC. Proposed Amendment to the Constitution. No. 60 (House Resolution No. 188-405). A Resolution. Proposing an Amendment to the Constitution, so as to provide that the General Assembly may grant to the governing authority of Columbia County the right to construct and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and to assess the costs thereof pro rata against the abutting

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property owners, provided the owners of 75% of the property abutting such improvement shall consent thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following: `The General Assembly may grant to the governing authority of Columbia County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains and to assess the costs thereof pro rata against the abutting property owners, provided the owners of 75% of the property abutting such improvements shall consent thereto and to provide for the issuance and enforcement of execution for the collection of such assessments and for the creation of liens thereby against such abutting property. Provided, however, that any Act of the General Assembly adopted pursuant hereto shall restrict the authority to those areas of said county where the property has been subdivided into lots having three hundred and fifty (350) feet of street frontage or less. 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 thir journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that the General Assembly may grant to the governing authority of Columbia County the right to construct

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and repair streets and sidewalks and to lay curbing, water and sewer mains in certain areas of Columbia County and to assess the costs thereof pro rata against the abutting property owners of 75% of the property abutting such improvements shall consent thereto? 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. WORTH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 61 (House Resolution No. 115-201). A Resolution. Proposing an amendment to the Constitution so as to create the Worth County Development Authority; to provide for powers, authority, 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:

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A. There is hereby created a body corporate and politic in Worth County to be known as the `Worth County Industrial Development Authority' hereinafter referred to as the `Authority', which shall be an instrumentality of Worth County and a public corporation. Created. B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by a majority of the Commissioners of Roads and Revenues of Worth County, and the members may be residents of any area of Worth County. The first members of the Authority shall be appointed for terms of two for one year; two for two years; two for three years and one for four years and until their successors are elected and qualified. The Board of Commissioners of Roads and Revenues of Worth County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the said Board of Commissioners of Roads and Revenues. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority may be a member of the Board of Commissioners of Roads and Revenues of Worth County, but there shall be no other disqualification to hold public office by reason of membership on the Authority. Members. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Worth County. Taxes. D. 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

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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. Same. E. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Worth County: (2) To receive and administer gifts, grants and donations and to administer trusts; Powers. (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 Worth 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 Worth 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

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and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and 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 Worth 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 Worth County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. 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;

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(10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Worth County. Debt. G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability, etc. H. The members of the Authority shall receive no compensation for their services of the Authority. Compensation. I. The Authority, with the consent of the Board of Commissioners of Roads and Revenues of Worth 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. Charter 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 true 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

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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 two mills. Bonds. J. The Commissioners of Roads and Revenues are also authorized in addition to the tax provided in Paragraph I, 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. Funds. K. 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. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Worth County and its citizens, industry, agriculture and trade within the County of Worth, and making long-range plans for such development and expansion and to authorize the use of public funds of Worth 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. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor

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and the first members of the Authority shall be appointed within thirty days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Worth County, and the scope of its operations shall be limited to the territory embraced within Worth County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Worth County. General Assembly. O. 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 Worth County or the State. Debt. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Worth County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures 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.

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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. WHITFIELD COUNTYHAULING AND DUMPING OF PERSONAL PROPERTY. Proposed Amendment to the Constitution. No. 62 (House Resolution No. 283-624). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Whitfield County is hereby authorized and empowered to assess and collect license fees from all persons, firms, and corporations hauling or dumping or burning or disposing in any manner of any personal property of any kind in Whitfield County. The governing authority is hereby authorized and empowered to regulate by ordinance the hauling or dumping or burning or disposing in any manner of any personal property of any kind in said county. Regulation may be by zoning

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or in any manner the governing authority provides. The governing authority is hereby authorized and empowered to provide penalties for the violation of any ordinances adopted pursuant to the power and authority provided for herein and violators shall be prosecuted in the Superior Court of Whitfield County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Whitfield County to license and otherwise regulate the hauling, dumping, burning and other related matters of materials in said 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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HOME RULE FOR COUNTIESINTENT OF 1965 PROPOSED AMENDMENT. Proposed Amendment to the Constitution. No. 63 (House Resolution No. 299-698). A Resolution. To be entitled an Act to amend a Resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 81, Ga. L. 1965, p. 752), so as to provide that the powers granted by said amendment shall be cumulative of all powers heretofore granted to counties and shall not operate to repeal existing local constitutional amendments; to repeal conflicting laws; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution proposing an amendment to Article XV of the Constitution providing home rule for counties, adopted at the 1965 Regular Session of the General Assembly (Resolution Act No. 81, Ga. L. 1965, p. 752), is hereby amended by adding a new Paragraph after Paragraph 4. of the quoted Section 2., Paragraph 1. as the same appears in Section 1. of said 1965 amendatory resolution, to be known as Paragraph 5., to read as follows: Paragraph 5. The powers granted by this amendment shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitutional amendments. Section 2. All laws and parts of laws in conflict [Illegible Text] this Act are hereby repealed.

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BROOKS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 64 (House Resolution No. 97-165). A Resolution. Proposing an amendment to the Constitution so as to create the Brooks County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, relating to the taxing power and restriction of contributions of counties, cities and political divisions, is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Brooks County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Brooks County. The County of Brooks may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. Brooks County is authorized to levy a tax on all the taxable property therein not to exceed one mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes hereinafter prescribed. Funds. The members of the Authority, their qualifications, terms, and the method of election or appoinment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc.

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All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority shall be exempt from State and local taxation. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Property. Said Authority is created for the purpose of developing, promoting, and expanding, for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Brooks. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. 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 Brooks 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.

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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. DUBLIN-LAURENS SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 65 (House Resolution No. 215-454). A Resolution. Proposing an amendment to the Constitution, so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Effective at the time and in the manner provided hereinafter, there is hereby created the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County. There is hereby created the board of education of the Dublin-Laurens School System. Said board shall be composed of seven (7) members as follows: three members shall be residents of the City of Dublin; one member shall be a resident of the First Road District outside the corporate limits of the City of Dublin; one

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member shall be a resident of the Second Road District; one member shall be a resident of the Third Road District; and one member shall be from the County at Large. All members shall be elected by the voters of the entire county. For the purposes of this provision, the Road Districts shall remain as constituted at the time of the ratification of this amendment unless specifically provided otherwise by an Act of the General Assembly, relative to the Dublin-Laurens School System. The terms, compensation, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Dublin and the board of education thereof, and the county school system of Laurens County and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Dublin-Laurens School System and the board of education thereof shall come into existence. The board shall elect the school superintendent of the Dublin-Laurens School System. The school superintendent of the independent school system of the City of Dublin and the county school superintendent of the county school system of Laurens County shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school superintendent of the Dublin-Laurens School System shall come into existence. The governing authority of Laurens County is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education. The General Assembly, at the regular 1967 session, shall provide by local law for all matters relative to the Dublin-Laurens School System, the board of education thereof, and the superintendent thereof. The General Assembly may provide in such local law that such provisions of general law as deemed advisable, relative to county

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boards of education, county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the Dublin-Laurens School System. Even though the merged system and the board and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1967, the General Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of the superintendent and other necessary or related matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment. In the event the General Assembly at the 1967 session does not enact legislation pursuant to this amendment, the new system shall not come into existence on July 1, 1967, but shall come into existence on the first day of July immediately following the date on which legislation is enacted to implement this amendment. Until such time, the two systems to be merged and the offices connected therewith shall continue to exist in the same manner as if this amendment had not been ratified. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Dublin-Laurens County School System by merging the independent

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school system of the City of Dublin and the county school system of Laurens 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. CLAYTON COUNTYTAX TO PROMOTE INDUSTRY. Proposed Amendment to the Constitution. No. 66 (House Resolution No. 284-624). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Clayton County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County and to provide that said fund may be used to pay the expenses incidental to the above set forth 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 IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, is hereby

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amended by adding at the end of Paragraph I the following: The governing authority of Clayton County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed one-fourth mill, on all the taxable property in the county, for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Clayton County. Said governing authority shall be authorized to expend said funds for the aforesaid purposes including paying for advertising and other promotional expenses incidental thereto. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, the Governor is hereby authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. Said proposed constitutional amendment shall be submitted as provided in said paragraph. The ballot submitting the above proposed amendment shall have writen or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Clayton County to levy a tax not exceeding one-fourth mill on all of the taxable property in the county for the purpose of creating a fund to be used in assisting, promoting, and encouraging the location of industries in Clayton County, and to provide that said fund may be used to pay the expenses incidental to the above set forth purposes? 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 and members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. COBB COUNTYPLANNING AND ZONING COMMISSION. Proposed Amendment to the Constitution. No. 67 (House Resolution No. 117-206). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article III, Section VII, Paragraph XXIII of the Constitution is hereby amended by adding at the end thereof the following: The General Assembly is hereby authorized to provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County now or hereinafter existing. Such law may grant the Commission all the authority which the General Assembly has heretofore been authorized in this Paragraph

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to grant to the governing authorities of municipalities and counties. The General Assembly is also authorized to provide by law for the promulgation of codes, rules and regulations relating to building, construction, plumbing, heating, air conditioning, ventilating, and electrical installation for the unincorporated and/or incorporated areas of Cobb County. Authority to administer such codes, rules and regulations may be granted to the Zoning and Planning Commission, authorized hereinbefore, or to the governing authority of Cobb County, or to both, in such manner as the General Assembly may prescribe. The General Assembly may provide for the enforcement of the actions of the Zoning and Planning Commission and for the aforesaid codes, rules and regulations, by the Superior Court of Cobb County. Funds of the county and such other public funds as might be available may be used for the Commission and in the administration of the aforesaid codes, rules and regulations. The General Assembly may provide how such funds may be utilized. The General Assembly is also authorized to provide for all matters relating to the subjects provided for herein. The General Assembly is also authorized to provide for the eventual merger of the Zoning and Planning Commission, established herein with any and all other Zoning and Planning Commissions or Boards in the incorporated areas of Cobb County and to provide the procedure connected therewith. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to

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provide by law for a Zoning and Planning Commission for the unincorporated and/or incorporated areas of Cobb County and for various codes in connection 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. MUSCOGEE COUNTY-CITY OF COLUMBUSCOMBINED GOVERNMENT. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 191-407). A Resolution. Proposing an amendment to the Constitution of the State of Georgia, so as to provide that in lieu of the Commissioners of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, a single Commission with authority to administer the affairs of the City of Columbus, and the affairs of the County of Muscogee, but not eliminating the entity of either the City of Columbus or the County of Muscogee; by providing that such single Commission shall be elected by the electorate of the entire County; by providing that the General Assembly of Georgia may authorize the

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creation of such single Commission by Legislative Act which shall only be effective when approved by a majority vote of Commissioners of Roads and Revenues of of Muscogee County and a majority vote of the City Commission of the City of Columbus; by providing for the repeal of conflicting laws; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, as the same has heretofore been amended is hereby further amended by adding at the end of said Paragraph, as amended, a new paragraph to read as follows: In lieu of the Commissioners of Roads and Revenues of Muscogee County and the City Commission of the City of Columbus, there is hereby authorized for the City of Columbus and the County of Muscogee, the creation of a single Commission with authority to administer the affairs of the City of Columbus and the affairs of the County of Muscogee, but not eliminating the entity of the City of Columbus or the County of Muscogee. Such single Commission shall be elected by the electorate of the entire County, and the General Assembly of Georgia may provide for the creation of such single Commission by Legislative Act which shall only be effective when approved by a majority vote of the Commissioners of Roads and Revenues of Muscogee County and a majority vote of the City Commission of the City of Columbus. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to consolidate the governing bodies of the County of Muscogee and the City of Columbus, Georgia into a single governing body for both Muscogee County and Columbus, Georgia? 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. BIBB COUNTYPENSION, ETC. PLANS. Proposed Amendment to the Constitution. No. 69 (House Resolution No. 216-461). A Resolution. Proposing to the qualified voters of Bibb County an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed so as to empower the governing authority of Bibb County, without further authority than that provided hereby, to adopt, revise, amend

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and modify pension, disability and retirement plans to specify in part what may be included in such plans; and to authorize said governing authority to levy a tax to finance the same in whole or in part; to provide for submission of this amendment for ratification or rejection by the people affected; and for other purposes. Be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of the same as follows: Section 1. Article XI, Section I, Paragraph VI of the Constitution of Georgia, and as the same has heretofore been or contemporaneously with the ratification hereof is amended, revised or changed, shall be further amended by adding at the end thereof a new paragraph as follows: Provided, further that the County of Bibb, through its governing authority, may without further authority than that provided hereby, may, in its discretion, adopt, revise, amend, and modify pension, disability and retirement plans for all or any persons elected or appointed, whether or not a county or state officer whose salary, wage or compensation is paid wholly or in part by the county, including appointees of the Judges of the Superior Court of Bibb County and appointees of other elected or appointed officials; and such plans may allow credit for services performed prior to the enactment of such plan or plans and may provide payments to dependents of such persons killed in the performance of duty. As a part of such plans, said governing authority may provide for insurance premiums for group life insurance as well as for group hospital, medical and surgical care or any combination thereof. Said governing authority is further authorized hereby to include such other terms and conditions in such plans as it shall deem to be in the public interest, and to support the same, shall be authorized to levy a tax to finance any part or all of such plans. Section 2. When the above proposed amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the

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Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability, and retirement plans and to levy a tax to pay therefor in whole or in part. Against ratification of amendment to the Constitution so as to empower the governing authority of Bibb County to adopt, revise, amend and modify pension, disability, and retirement plans and to levy a tax to pay therefor in whole or in part. 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 and thereof.

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CAMDEN COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 70 (House Resolution No. 89-165). A Resolution. Proposing an amendment to the Constitution so as to create the Camden County Development Authority; to provide for powers, authority, 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 in the County of Camden to be known as the Camden Development Authority, Woodbine, Georgia, which shall be an instrumentality of Camden County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of seven members who shall serve for a term of four, three and two years and who shall be eligible for reappointment. The original seven members shall serve terms of three for four years, two for three years and two for two years. They shall be O. P. Middleton, Sr., R. L. Edenfield, K. L. Harrison, each to serve four years; Claude L. Miller, Jr., Richard L. Daley, each to serve three years; Harold C. Rogers, Walter C. Merck, each to serve two years. The subsequent members shall be appointed by the Camden County Commissioners for terms of four years each and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term by the Authority. A majority of the members shall constitute a quorum and

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majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. Members. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Camden County. Taxes. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The right of any private person to use or occupy any real estate of the Authority for a period of one year or longer under any lease or other agreement for the purposes of taxation shall be classed as an interest in the real estate and as real property and shall be taxed as real property as now provided by law, or may be taxed as the General Assembly may hereafter provide by general or local law. The tax exemption herein provided also shall not include exemption from sales 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 Camden County. Powers. (2) To receive and administer, gifts, grants and donations and to administer trusts. (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or proposing to operate any industrial plant or establishment within Camden County. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage,

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pledge and assign any and all of its funds, property and income as security therefor. (5) To contract with Camden County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name. (6) To have and exercise usual powers of a private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority. (7) To encourage and promote the expansion of industry, agriculture, trade, commerce and recreation in Camden County, and to make long-range plans therefor. (8) To exercise such other powers and duties as may be delegated to it by the Camden County Commissioners. (9) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (10) To designate officers to sign and act for the Authority generally or in any specific matter. (11) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Camden County or the State of Georgia. Debt. F. The Authority shall have the same immunity and exemption from liability from torts and negligence as the State of Georgia and the officers, agents and employees

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of the Authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority. Tort liability. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the Authority and approved by the Board of Commissioners and such compensation shall be paid from funds of the Authority. Compensation. H. The County of Camden is authorized to levy an annual tax, not to exceed three 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 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. Tax. I. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respect in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann., Supp., Chapter 87-8, as if said obligation 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 bond issued as provided herein, and such trust agreement, or indenture

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may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to authorize said Authority to issue any bond resulting in the creation of a lien against the tax digest of Camden County. Bonds. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payments of the obligation. Debts. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Camden County and its citizens, industry, agriculture, trade, commerce and recreation within Camden County and making long-range plans for such development and expansion. This amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor. Effective date. M. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. 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 Camden County or the State of Georgia. Debt. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of

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the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph 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 Camden County Development Authority and to provide for powers, authority, funds, purposes and procedures 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. TATTNALL COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 71 (House Resolution No. 43-71). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Tattnall County; to provide for the submission of this

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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 paragraph: The General Assembly is authorized to provide by law for the election of the members of the Board of Education of Tattnall County by the electors thereof and to provide for all of the necessary procedures connected therewith, including the qualifications of the members and the manner in which they shall be elected. 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 General Assembly to provide for the election of the members of the Board of Education of Tattnall County by the people? 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 should be made in like manner as returns for

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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. DOUGLASVILLE-DOUGLAS COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 72 (House Resolution No. 85-135). A Resolution. Proposing an amendment to the Constitution, so as to create an industrial development authority for the City of Douglasville and Douglas 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 V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Douglasville-Douglas County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory and embraced by Douglas County and the corporate limits of the City of Douglasville. The City and County may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms and method of election or appointment shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass

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all other necessary legislation for the implementation of this amendment. Members, etc. The Authority shall be authorized and entitled to issue debentures and revenue bonds in accordance with the provisions of the Constitution and the laws of Georgia; and all lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority shall be exempt from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Bonds. Douglas County and the City of Douglasville are respectively authorized to appropriate to the Authority such amount from their funds each year as each governing authority shall determine to be appropriate, and all 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. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Douglasville and Douglas County. This tax immunity shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority. Taxes. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, Douglas County or the City of Douglasville. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the

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Authority shall be used continually and exclusively for the purposes for which the Authority is created. Purpose. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Property. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as 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 a Douglasville-Douglas 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

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members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. MUSCOGEE COUNTY-CITY OF COLUMBUSTAX ASSESSORS. Proposed Amendment to the Constitution. No. 73 (House Resolution No. 163-364). A Resolution. To amend the Constitution so as to authorize the General Assembly to consolidate and combine the Muscogee County and the City of Columbus Tax Assessors for both real and personal property; to provide the powers and duties of such new entity; to provide the procedure connected therewith; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia is hereby amended by adding thereto a paragraph to read as follows: The General Assembly shall have the power to consolidate and combine the county and city board of tax assessors for both real and personal property of the City of Columbus and County of Muscogee, and all the governmental functions and powers now vested in and exercised by said board of tax assessors in the City of Columbus and County of Muscogee; to create, designate and give a name to a city-county board of tax assessors for the municipality of the City of Columbus and the entire area or Muscogee County; to vest and confer upon such city-county board of tax assessors such authority as may be conferred upon tax assessors of municipalities, counties,

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or both, under existing laws; to abolish any and all offices now existing under any and all Acts under the city charter of the City of Columbus pertaining to the board of tax assessors for both real and personal property for the City of Columbus, and any and all offices now existing under any and all Acts relating to the Muscogee County Board of Tax Assessors; to create a city-county board of tax assessors and offices for the purpose of exercising and carrying out the powers to be vested in such board and the powers and duties formerly appertaining to such boards and offices; to provide a mode and method for the appointment of the members of the city-county board of tax assessors; to delegate to the governing authority of the municipality of the City of Columbus and the County of Muscogee full power and authority to abolish the presently constituted board of tax assessors of the City of Columbus and County of Muscogee, and to create in lieu thereof new offices and a city-county board of tax assessors to be vested with all of the duties and powers of the offices and boards of tax assessors thus abolished; to provide for the employment of assistants to such board; to provide for the payment of compensation to the city-county board of tax assessors; to provide that the General Assembly in exercising the powers herein conferred may include in the Act or law, or any amendment thereto, any one or more of the powers or provisions herein enumerated and may exclude therefrom any one or more of the powers herein enumerated and in exercising the powers herein conferred, it shall not be necessary that the enactment or enactments of the General Assembly pursuant hereto carry with it a referendum to the qualified voters of the County of Muscogee and the City of Columbus; and for other purposes. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph

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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 General Assembly by law to consolidate and combine the County of Muscogee and City of Columbus Boards of Tax Assessors into a single Board of Tax Assessors for said city and 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. WARE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 74 (House Resolution No. 326-762). A Resolution. Proposing an amendment to the Constitution so as to clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, as amended by an Amendment relative to the Ware County Board of Education ratified at the general election in 1964 and found in Ga. Laws 1964, May-June Ex. Sess., p. 335, is hereby amended by striking the third paragraph of the aforesaid 1964 Amendment and inserting in lieu thereof the following: In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person to fill such vacancy for the unexpired term. If such vacancy occurs from one of the four districts, the person elected by the remaining members shall be from such district. If the vacancy occurs in the position of the member from the county at large, the person elected to fill the vacancy may reside in either one of the four education districts. In the event one of the district members moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. At its first meeting each year the members of the Board shall elect one of their number to serve as chairman of 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 shall appoint the County School Superintendent. The person elected as County School Superintendent in 1964 shall serve through December 31, 1968, and the Board shall appoint a Superintendent who shall take office January 1, 1969. In the event a vacancy occurs in the office of County School Superintendent prior to January 1, 1969, the Board shall appoint a Superintendent who shall take office immediately. The Superintendent shall serve at the pleasure of the Board. No election for Ware County School Superintendent by the people shall be held in 1968. The County School Superintendent appointed by the Board shall be subject to all constitutional and statutory provisions relative to county

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school superintendents unless such provisions are in conflict with the provisions of this amendment. Elections for members of the Board of Education shall be held and conducted in the same manner as elections for other county officials are held. 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 clarify the provisions relative to the filling of vacancies on the Board of Education of Ware County and the appointment of the County School Superintendent by the Board? 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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MONTGOMERY COUNTY DEVELOPMENT AUTHORITY, Proposed Amendment to the Constitution. No. 76 (House Resolution No. 186-399). A Resolution. Proposing an amendment to the Constitution so as to create the Montgomery County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the levy of a tax for the use thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section 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 Montgomery County to be known as the Montgomery County Development Authority, which shall be an instrumentality of the State of Georgia and of Montgomery County and a public corporation, and which in this amendment is hereafter referred to as the `Authority'. Created. B. (1) The Authority shall consist of five (5) members who shall serve for a term of five (5) years and until their successors are appointed and qualified and who shall be eligible for reappointment. The members shall be appointed by the Board of Commissioners of Roads and Revenue of Montgomery County (hereinafter referred to as `Board') as herein provided. 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 of the Authority shall not be disqualified by reason of membership on the Authority to hold any other public office. Vacancies shall

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be filled for the unexpired term by the Board as herein provided. Members. (2) For the purpose of appointment of members of the Authority, Montgomery County is divided into four (4) Authority Districts. Authority District No. 1 shall consist of the Mt. Vernon Militia District; Authority District No. 2 shall consist of the Uvalda and Alston Militia Districts; Authority District No. 3 shall consist of the Ailey and the Higgston Militia District; and the Authority District No. 4 shall consist of the Tarrytown and the Kibbee-Tiger Militia Districts. (3) One member of the Authority shall be a resident of Authority District No. 1; one member of the Authority shall be a resident of Authority District No. 2; one member shall be a resident of Authority District No. 3; one member shall be a resident of Authority District No. 4; and one member of the Authority shall be a resident of and appointed from the county at large. (4) The first members of the Authority shall be appointed by the Board after this amendment is ratified and prior to January 1, 1967 and their terms of office shall begin January 1, 1967. The first members shall be appointed for terms of one, two, three, four and five years and thereafter their successors (except in the case of appointments filling unexpired terms) shall be appointed for terms of five years. All appointments, other than the original appointments and including appointments to fill unexpired terms, shall be made as follows: The Authority shall nominate three qualified persons for the appointment and the Board shall appoint one of the three nominees. 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 Montgomery County. The exemptions herein provided shall not include exemptions from Sales and Use Taxes on property purchased by the Authority or for use by the Authority. Taxes.

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D. The powers of the Authority shall include, but not be limited to, the power: (1) To purchase, acquire, develop, improve, construct, own, operate, maintain, sell, lease as lessor and lessee, and mortgage real and personal property of all kinds, including, but not limited to, land, buildings, machinery, equipment, industrial plants, manufacturing plants, processing plants, commercial buildings, warehouses and other storage facilities, and plants and other facilities for storing, handling or processing agricultural and livestock products within the limits of Montgomery County. Powers. (2) To accept and administer gifts, grants and donations and to administer trusts. (3) To donate, grant, loan and lease without adequate consideration or without any consideration, or with or without security and on such terms as the Authority shall see fit, any of its funds or property to private persons and corporations operating or proposing to operate within Montgomery County, any industrial, commercial, agricultural, or recreational plant, facility, or enterprise. The provisions of this clause shall not be construed to limit any other power of the Authority. (4) To borrow money and to issue notes, bonds and certificates of indebtedness therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property, revenues, and income as security therefor. (5) To contract with Montgomery County, State of Georgia, and with other public authorities, political subdivisions, and public agencies of the State of Georgia and also with the United States, and with any department, agency, or instrumentality of the United States. (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

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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 aid, foster and encourage, and to promote the expansion of industry, agriculture, trade, commerce and recreation in Montgomery County, and to make longrange plans therefor. (8) To exercise such other powers and duties as may be delegated to it by the Board. (9) To accumulate (if the Authority shall see fit) its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (10) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. (11) To contract with private persons and corporations and to sue and be sued in its corporate name. E. 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 obligations of the Authority. Tort liability. F. The members of the Authority shall receive only such compensation for their services and expenses to the Authority as shall be authorized by the Board, but such compensation shall be paid from funds of the Authority. Compensation. G. Montgomery County, acting by the Board, is authorized to levy an annual tax, not to exceed one mill, on

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all taxable property within Montgomery 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 the Board to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law. Funds. H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. I. The Authority is created and this amendment is adopted for the purpose of aiding, promoting, developing, and expanding for the public good and welfare of Montgomery County and its citizens, industry, agriculture, trade, commerce and recreation in Montgomery County, and to authorize the use of public funds of Montgomery County for such purposes so as to provide employment and to improve the economy and living conditions in Montgomery County, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of this purpose. Intent. J. This amendment shall be self-executing and shall be effective immediatgely upon proclamation of its ratification by the Governor. Effective date. K. 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 scope and jurisdiction of the Authority shall be limited to Montgomery County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Montgomery County. General Assembly.

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L. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Montgomery County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. M. There shall be no limitation upon the payment of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Montgomery County or of the State of Georgia and the Authority shall not be authorized to create in any manner any debt, liability, or obligation against the State of Georgia or Montgomery County. Debt. N. (1) The Authority shall be authorized to issue revenue bonds for the purpose of financing or refinancing any project or undertaking within the scope of the Authority's powers, and may pledge any of its assets, income, or revenues as security for such bonds. Bonds. (2) Revenue bonds issued or proposed for issue by the Authority may be validated as provided in the Act of the Legislature now known as the `Revenue Bond Law' (Ga. L. 1937, pp. 761, et seq), as amended, and the term `municipality' wherever used in said Act, as amended, shall include the Authority, and the Authority shall have all of the rights and powers conferred upon municipalities by said Act, as amended. (3) Any private person or corporation and also any political subdivision, public authority or agency contracting with the Authority with respect to revenue bonds of the Authority proposed for validation under said Act, as amended, or with respect to any project or undertaking of the Authority to be financed or refinanced by such bonds may be made a party to the proceedings to validate such bonds under said Act, as amended, for the purpose of validating any such contract. (4) This part of this amendment (Part N) shall not limit the other powers given the Authority in this amendment

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to borrow money and to give security therefor or to require the validation of the obligations of the Authority by any court. O. The term `Board' where used herein shall include the present Board of Commissioners of Roads and Revenues of Montgomery County and also any other board, group, or individual which may hereafter constitute the governing body or authority of Montgomery County. Board defined. P. The Board shall be authorized to appropriate to the Authority any surplus funds at the time held by Montgomery County, which appropriation shall be in addition to the tax provided in Part G. Funds. Q. The Authority, with the agreement of the Board, may pledge the Authority's revenues from the annual tax provided in Part G as security for any obligation or undertaking of the Authority. If said revenues are pledged as security for revenue bonds issued by the Authority, the agreement between Montgomery County (acting by the Board) and the Authority shall be subject to validation as provided in Paragraph (3) of Part N of this amendment. Debt. R. If any provision of this amendment should be judicially determined to be invalid for any reason, such determination shall not affect any other part of the amendment nor the validity of the provision so determined to be invalid with respect to any person other than the person in whose favor such determination is made. Severability. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, 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 Montgomery County Development Authority; to provide for the powers, authority, funds, purposes and procedure of such Authority; and to provide for the levy of a tax of one mill in Montgomery County to provide funds for such 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. FLOYD COUNTYSTREETS, SIDEWALKS, ETC. Proposed Amendment to the Constitution. No. 77 (House Resolution No. 247-529). A Resolution. Proposing an amendment to the Constitution so as to authorize Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, streets lights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of a majority of said abutting property owners; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 907

Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph I of the Constitution, as amended, is hereby amended by adding at the end thereof the following: Within the unincorporated areas of Floyd County the Commissioners of Roads and Revenues of Floyd County, as the governing authority of said county, shall have full power and authority to construct, pave, maintain and otherwise improve public streets, roadways, curbing, guttering, drainage, street lights and sidewalks, and to assess all or a portion of the cost of such construction, pavement, maintenance or improvement against the abutting property owners thereof; provided, however, a majority of said abutting property owners and a majority of said abutting property owners owning a majority of the front footage of the abutting property to be improved must agree to such assessment before said governing authority shall have authority to assess said abutting property owners for the costs of such improvements. If said abutting property owners approve such assessments as herein provided, said governing authority may provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. In all such cases, however, the cost shall be determined and assessed under uniform rules and regulations as adopted from time to time by the governing authority of Floyd County and applied uniformly to all roads, streets, sidewalks, curbing, guttering, drainage, street lights and properties of the same class, and similarly situated, and further provided that such rules and regulations as initially adopted may be changed, rescinded, modified, and amended from time to time by the governing authority of Floyd County with the effective date of any such change, rescission, modification or amendment being at least thirty (30) days after publication of notice of such change, rescission, modification or amendment one time in the newspaper in which sheriffs' advertisements are published in Floyd County.

Page 908

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 Floyd County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads, curbing, guttering, drainage, street lights and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof with the approval of a majority of said abutting property owners? 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 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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FULTON COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 78 (House Resolution No. 58-97). A Resolution. Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to regulate business and business activities in unincorporated areas of said County, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution of the State of Georgia as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows: Within the unincorporated areas of Fulton County, the Commissioners of Roads and Revenues of Fulton County shall have full power and authority to regulate business and business activities, except for those businesses subject to regulation by the State Public Service Commission, and to require of each person, firm or corporation (except those subject to regulation by the Public Service Commission) conducting any business or business activities, to pay a license fee to be determined by the County Commission, for each business or classification thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the 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 910

For ratification of amendment to the Constitution of Georgia authorizing Fulton County to regulate and license business in the unincorporated areas of Fulton County. Against ratification of amendment to the Constitution of Georgia authorizing Fulton County to regulate and license businesses in the unincorporated areas of Fulton County. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. 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. BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY AMENDMENT AMENDED. Proposed Amendment to the Constitution. No. 79 (House Resolution No. 201-431). A Resolution. Proposing an amendment to the Constitution, so as to provide additional definitions relating to the Brunswick and Glynn County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end of that paragraph of Paragraph I which reads as follows:

Page 911

Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of longrange plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created., the following language: For the purposes of this amendment, the word `commerce' shall be deemed to include parking lot facilities, buildings for municipal purposes., Purposes. so that when so amended the new paragraph of Paragraph I shall read as follows: Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and the making of longrange plans for the coordination of such development, promotion and expansion, within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. For the purposes of this amendment, the word `commerce' shall be deemed to include parking lot facilities, buildings for municipal purposes. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on

Page 912

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 additional definitions relating to the Brunswick and Glynn 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. ADAIRSVILLE DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 80 (House Resolution No. 98-165). A Resolution. Proposing an amendment to the Constitution, so as to create the Adairsville Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Page 913

Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in the City of Adairsville in Bartow County to be known as the Adairsville Development Authority, which shall be an instrumentality of the City of Adairsville and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of five members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be appointed by the Mayor and Council of the City of Adairsville. The first members shall be appointed for terms of one, two, three, four and five years, and thereafter their successors shall be appointed for terms of five years. Vacancies shall be filled for the unexpired term by the Mayor and Council. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. No vacancy shall impair the power of the Authority to act; Members. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of the City of Adairsville, Georgia. The tax exemption herein provided shall not include exemption from sales and use taxes on property purchased by the Authority or for use of the Authority; Taxes. D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures,

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and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporation except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in the City of Adairsville and within a radius of 7 miles as measured from the center of said city, but not to exceed the limits of Bartow County, Georgia, so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be

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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 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, Bartow County, or City of Adairsville. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking with the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of

Page 916

this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of either Bartow County or the City of Adairsville to pay any of the said obligations of said Authority. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issued as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that: Same. (1) The undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated. (2) The lessee or purchaser of the building or buildings involved will not by virtue of establishing operations in said territorial limits, reduce the number of employees employed by said lessee or purchaser elsewhere in the State of Georgia. J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. K. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Adairsville subject to any mortgages, liens, leases or other encumbrances outstanding

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against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade in the City of Adairsville and its vicinity and reducing unemployment to the greatest extent possible, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Intent. M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the City of Adairsville and the scope of its operations shall be limited to the territory embraced within said city and within a radius of 7 miles as measured from the center of said city, but not to exceed the limits of Bartow County, Georgia. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

Page 918

YES () NO () Shall the Constitution be amended so as to create the Adairsville 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. ROCKDALE COUNTYDEBT LIMITATION. Proposed Amendment to the Constitution. No. 81 (House Resolution No. 241-504). A Resolution. Proposing an amendment to the Constitution so as to increase the debt limitation of Rockdale County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Notwithstanding any other provision in this Constitution to the contrary, effective January 1, 1967, the debt limitation of Rockdale County shall be ten per centum of the assessed value of all the taxable property therein in

Page 919

lieu of the seven per centum limitation prescribed in this Paragraph. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to increase the debt limitation of Rockdale 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. HENRY COUNTY BOARD OF EDUCATION Proposed Amendment to the Constitution. No. 82 (House Resolution No. 223-467). A Resolution. To amend a Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. L. 1958, p. 436) which provides

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for the election of the members of the Board of Education of Henry County by the people and provides for the compensation of such members, so as to change the terms of office of the members of the Board of Education of Henry County and to provide for staggered terms; to provide for the election of the members of the board by the voters of the entire county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. A Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution (Resolution Act No. 77, Ga. L. 1958, p 436). which provides for the election of the members of the Board of Education of Henry County by the people and provides for the compensation of such members, is hereby amended by striking the quoted language in paragraphs 1, 7 and 8 of Section 1 in its entirety and inserting in lieu thereof new quoted paragraphs 1, 7 and 8, respectively, to read as follows: The Board of Education of Henry County shall be composed of five members who shall be elected by the voters of the entire county from their respective district as hereinafter provided. For the purpose of electing such members, Henry County is hereby divided into five education districts. The Board of Education shall be composed of one member from each education district. Any person offering as a candidate to represent an education district on the board shall reside in the district from which he offers as a candidate and each member of the Board of Education of Henry County shall be elected by the voters of the entire county. Beginning with the calendar year 1968 and biennially thereafter there shall be an election for members of the Board of Education of Henry County. The candidates

Page 921

elected as members of the Board of Education of Henry County in 1968 from Education District Nos. 1, 2 and 3 shall be elected for terms of 4 years each and until their successors are elected and qualified. The candidates elected as members of the Board of Education of Henry County in 1968 from Education Districts Nos. 4 and 5 shall be elected for terms of office of two years each and until their successors are elected and qualified. Thereafter the terms of office of all members of the Board of Education of Henry County shall be for terms of office of 4 years each and until their successors are elected and qualified. All members elected to the Board of Education of Henry County shall assume office on January 1, of the year following their election. Elections for members of the Board of Education of Henry County shall be held at the same time as elections for members of the General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to change the terms of office and provide for staggered terms for members of the Board of Education of Henry County, and to provide for the election of the members of the Board by the voters of the entire county? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring

Page 922

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. HENRY COUNTYSUPERINTENDENT OF SCHOOLS. Proposed Amendment to the Constitution. No. 83 (House Resolution No. 221-467). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Henry County by the Board of Education of Henry County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution, relating to county boards of education, as amended, is hereby amended by adding at the end thereof the following: The county school superintendent of Henry 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, except that the Board, at its own pleasure, may fill any vacancy which may occur prior to the normal expiration

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of such term. Thereafter the county school superintendent of Henry County shall be appointed by the Board of Education of Henry County, and shall serve at the pleasure of the Board, and said county school superintendent shall no longer be elected by the voters of Henry County. The Board of Education of Henry County shall fix the compensation of the county school superintendent. The Board of Education of Henry County shall not be bound by any provisions of law relating to residential requirements of persons appointed to the office of county school superintendent. The county school superintendent of Henry County as provided for herein shall be subject to all other constitutional provisions and all general statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide for the appointment of the county school superintendent of Henry County by the Board of Education of Henry 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.

Page 924

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. FULTON COUNTYRECREATION ACTIVITIES IN CERTAIN CITIES. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 60-99). A Resolution. A Resolution proposing an amendment to Article XI of the Constitution, so as to authorize the Commissioners of Roads and Revenues of Fulton County to conduct recreational activities in certain cities, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows: The Commissioners of Roads and Revenues of Fulton County shall have the power and authority to conduct recreational programs in cities of said county having a population of not more than 5,000 persons, according to the last or any future Federal Census, provided, the city in which said program is conducted shall bear at least one-half () of the total cost of said program, and, provided further, the cost to Fulton County in any one year for the program conducted in any such city shall not exceed the sum of five thousand ($5,000.00) dollars. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of

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the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so as to authorize Fulton County to engage in recreational activities in cities of not more than 5,000 persons. Against ratification of amendment to the Constitution so as to authorize Fulton County to engage in recreational activities in cities of not more than 5,000 persons. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote aaginst 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. FULTON COUNTYSANITARY LANDFILLS. Proposed Amendment to the Constitution. No. 101 (House Resolution No. 59-97). A Resolution. Proposing an amendment to Article XI of the Constitution of the State of Georgia, so as to authorize the Commissioners of Roads and Revenues of Fulton County to operate

Page 926

sanitary landfills within the unincorporated areas of said county, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI of the Constitution of the State of Georgia as heretofore amended, is further amended by inserting at the end of said Article a new paragraph which shall read as follows: Within the unincorporated areas of Fulton County, the Commissioners of Roads and Revenues of Fulton County shall have full power and authority to operate sanitary landfills for the purpose of providing a public dump, and for the disposal of garbage, refuse, and industrial and construction waste. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution of Georgia authorizing Fulton County, in unincorporated areas, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste. Against ratification of amendment to the Constitution of Georgia authorizing Fulton County, in unincorporated areas, to operate sanitary landfills, and provide for the disposal of garbage, refuse, and waste. 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

Page 927

adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. HABERSHAM COUNTY BOARD OF EDUCATIONPOWER TO BORROW MONEY. Proposed Amendment to the Constitution. No. 102 (House Resolution No. 80-132). A Resolution. Proposing an amendment to the Constitution so as to authorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph I of the Constitution, relating to the limitation on certain debts, is hereby amended by adding at the end thereof the following: Any other provisions of this Constitution to the contrary notwithstanding, the County Board of Education of Habersham County is hereby authorized and empowered to borrow funds for the purpose of constructing school buildings and facilities, and pledge the building funds which will or may be forthcoming to Habersham County

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from the State through the Minimum Foundation Program for Education as security and payment therefor. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the County Board of Education of Habersham County to borrow funds and pledge certain building funds to the payment 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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CITY OF BRUNSWICKDOWNTOWN BRUNSWICK. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 243-517). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable real property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, offstreet parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as Downtown Brunswick; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following: A. There is hereby created within the corporate limits of the City of Brunswick in Glynn County, Georgia, a district and area to be known as `Downtown Brunswick' in the central business district of said city, defined and described according to the well known maps and plan of said city as follows: Created.

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Beginning at a point on the westerly line of Newcastle Street where the northerly line of New Town Lot No. 169 intersects with the westerly line of Newcastle Street; thence running in an easterly direction along the easterly projection of the northerly line of New Town Lot No. 169 to the easterly line of Newcastle Street; thence running in a southerly direction along the easterly line of Newcastle Street to the southerly line of H Street; thence running in an easterly direction along the southerly line of H Street to the eastern line of Reynolds Street; thence running in a southerly direction along the easterly line of Reynolds Street to the southern line of F Street; thence running in an easterly direction along the southern line of F Street to the eastern line of Ellis Street; thence running in a southerly direction along the easterly line of Ellis Street to the northern line of Old Town Lot No. 281; thence in an easterly direction along the northern line of Old Town Lot No. 281 to the westerly line of Egmont Street; thence along the westerly line of Egmont Street to the southerly line of Old Town Lot No. 285; thence in a westerly direction along the southerly line of Old Town Lot No. 285 projected westwardly to the westerly line of Ellis Street; thence running in a southerly direction along the westerly line of Ellis Street to the southerly line of Old Town Lot No. 236; thence running in a westerly direction along the westerly line of Old Town Lot No. 236 projected westwardly to the western line of Union Street; thence running in a southerly direction along the western line of Union Street to the southerly line of Monk Street; thence running in a westerly direction along the southerly line of Monk Street to the western line of Reynolds Street; thence running in a southerly direction along the western line of Reynolds Street to the southerly line of Old Town Lot No. 146; thence running in a westerly direction along the southerly line of Old Town Lot No. 146 projected westwardly to the westerly line of Richmond Street; thence running in a southerly direction along the westerly line of Richmond Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the westerly line of Grant Street; thence running in a northerly direction

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along the westerly line of Grant Street to the northerly line of Old Town Lot No. 68; thence running in a westerly direction along the northerly line of Old Town Lot No. 68 to the easterly line of Oglethorpe Street; thence running in a southerly direction along the easterly line of Oglethorpe Street to the northern line of Howe Street; thence running in a westerly direction along the northerly line of Howe Street to the U. S. Harbor line as established by the War Department August, 1916; thence in a northerly direction along the said U. S. Harbor line and the low water line of Academy Creek to a point where the northerly line of New Town Lot No. 112 projected in a westerly direction would intersect with the low water line of Academy Creek; thence in an easterly direction along the said projected line of New Town Lot No. 112, along the northerly line of New Town Lot No. 112, and the northern line of New Town Lot No. 169 to the point of beginning; B. The governing body of the City of Brunswick be and is hereby authorized to levy an annual ad valorem tax not exceeding four mills per dollar of assessed valuation on all real property located within the district or area herein defined and delineated as `Downtown Brunswick', not excluding any realty homestead exemption, such funds so produced by such levy to be used by said city in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith. Said governing body of said city is specifically authorized to use such amounts from its funds so raised by such tax levy in each year as it shall deem in its discretion to be in the best interest of the city and its residents in keeping with the purposes of this amendment, including the right to pledge all or so much of such funds, as may be necessary,

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raised by such tax levy to the payment of the principal and interest on any of its revenue bonds or obligations which it may hereafter issue and the creation and maintenance of a reserve for that purpose, said tax being in addition to those now authorized by law; Tax levy. C. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of the residents of the City of Brunswick, the economic improvement and development of said described central business district and making of long-range plans for such economic development and improvement and to authorize the levy of taxes and the use of public funds of said city for such purpose and same is hereby determined and declared to be a governmental function of said city; Purpose. D. In addition to all the rights, powers and authority now conferred by law upon the governing body of the City of Brunswick, this amendment shall confer upon the governing body of said city all powers, rights, and privileges herein granted and such additional rights, powers and privileges that may hereafter be granted by the enactment of any implementing legislation by the General Assembly of Georgia; Powers. E. The property, obligations and the interest on the obligations of the city issued hereunder shall have the same immunity from all State and local taxation as the property, obligations and interest on other obligations of the City of Brunswick; Obligations of city. F. The powers of the city conferred hereunder shall include, but shall not be limited to, the power; Powers. (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the district or area hereinabove defined as Downtown Brunswick;

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(2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the district or area hereinabove defined as Downtown Brunswick, which in the judgment of the governing body of the City will be of benefit to the economic improvement and development of said district or area and to said city. The provisions of this clause shall not be construed to limit any other powers of the city; (4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto: (5) The rights, powers and privileges now enjoyed by the city under Article VII, Section VI, Paragraph I, of the Constitution of this State to contract with Glynn County, the State and any agency, political subdivision or public corporation thereof is hereby expressly reaffirmed and shall include all rights, powers and privileges herein granted and in addition thereto the city is authorized to contract with private persons and corporations and to sue and be sued in its corporate name in the accomplishment of the overall purposes herein provided; (6) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this amendment; (7) To encourage and promote the economic improvement, development and rehabilitation of the central business district and area hereinabove defined and to make long range plans therefor;

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(8) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (9) To designate any of its corporate officers to sign and act for the City pertaining to the rights, powers and privileges herein conferred; (10) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this amendment and the rights, powers and privileges herein conferred; G. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Brunswick within the meaning of Article VII, Section VII, Paragraph I, of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city other than the revenues pledged to the payment thereof and interest thereon, which revenues shall include any funds derived from the special tax levy herein provided and monies derived from the lease or sale of any facilities of the city herein authorized to be acquired, constructed and equipped. Any bondholder, however, shall have the right to compel the city to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon if the city in its proceedings authorizing the issuance of such bonds has pledged the revenues derived from such special tax levy to the payment of any such bonds and the interest thereon; Bonds. H. The authority hereby granted to the City of Brunswick to issue revenue bonds shall apply not only to revenue bonds issued by said city to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by the Act of the General Assembly, approved March 31st, 1937, known as the Revenue Certificate Law of 1937, as amended by the Act approved March 14, 1939, as referred to in Article

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VII, Section VII, Paragraph V, of this Constitution, but shall also include the issuance by said City of revenue bonds to provide funds for the purchase, construction, extension, repair, or improvement of such facilities and undertakings as are specifically authorized and enumerated by the following Acts of the General Assembly: Georgia Laws 1949, page 973, approved February 25, 1949; Georgia Laws 1953, pages 489-491, approved March 4, 1953; and Georgia Laws 1957, pages 410, approved March 13, 1957; Bonds. I. The city is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this amendment. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution or ordinance of the governing body of the City of Brunswick, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said city in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per centum (7%) per annum and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, convenants, assignments and conditions as the ordinance or resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said city are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution or ordinance authorizing the issuance

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of such bonds shall bind said governing body of said city then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said city shall be validated in the Superior Court of Glynn County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1957, p. 36, et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., as amended). In the event no bill of exceptions, to the judgment of the superior court confirming and validating any such issue or issues of bonds, shall be filed within the time prescribed by law or if filed, such judgment should be affirmed by the Supreme Court of Georgia or the Court of Appeals of Georgia, the judgment of the superior court confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of said bonds and the security for the payment thereof and interest thereon against said city and against any contracting party with said city as herein provided. Same. J. The property of the city herein authorized to be acquired, constructed, and equipped shall not be subject to levy and sale under legal process except such property, income, revenues or funds as may be pledged, assigned, mortgaged or conveyed to secure any obligation of the city and any such property, funds, revenues or income may be sold under legal process to enforce payment of the obligations. Property exempt from levy. K. This amendment and any law enacted with reference to the city in connection therewith shall be liberally construed for the accomplishment of the purposes now or hereafter authorized. Intent. L. This amendment shall be effective immediately upon proclamation of its ratification by the Governor of the State of Georgia. Effective date.

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M. This amendment is self-enacting and does not require any enabling legislation for it to become effective, however, the General Assembly may by law further define and prescribe the powers and duties of the city in connection therewith in the exercise thereof, and may enlarge the same and may likewise further regulate the management and conduct of the city pertaining hereto not inconsistent with the provisions of this amendment. Same. N. There shall be no limitation upon the amount of revenue bonds or obligations which the city may issue, but no such revenue bonds or obligations shall be construed as a debt of the city within the meaning of the provisions of Article VII, Section VII, Paragraph 1, of the Constitution of the State of Georgia and such revenue bonds or obligations and the interest thereon shall be payable solely from the revenues derived from the lease or sale of any of the facilities acquired or constructed by the city hereunder, and such revenues shall also include any funds from the special tax levy herein provided and pledged to the payment of any such issue or issues of bonds and the interest thereon. Bonds. O. This amendment shall be effective notwithstanding any other provision or provisions of the Constitution of the State of Georgia which might be construed in conflict herewith. Intent. Section 2. When the above proposed amendment to the Constitution shall have been agreed 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 the

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City of Brunswick to levy an annual ad valorem tax upon the taxable real property located within Downtown Brunswick and to provide for the 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. CHEROKEE COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 104 (House Resolution No. 291-679). A Resolution. Proposing an amendment to the Constitution so as to create the Cherokee County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That the Constitution of the State of Georgia as heretofore amended, is hereby further amended by adding at the end of Article VII, Section V, Paragraph

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I the following paragraphs, to be appropriately numbered, which shall read as follows: A. There is hereby created a body corporate and politic in Cherokee County to be known as the Cherokee County Development Authority, which shall be an instrumentality of the State of Georgia and Cherokee County and a public corporation and which in this amendment is hereafter referred to as the `Authority'; Created. B. The Authority shall consist of seven members. The Commissioner of Roads and Revenues for Cherokee County shall appoint two members; the Mayor and Council of the City of Ball Ground shall appoint one member; the Mayor and Council of the City of Canton shall appoint one member; the Mayor and Council of the City of Holly Springs shall appoint one member; the Mayor and Council of the City of Waleska shall appoint one member, and the Mayor and Council of the City of Woodstock shall appoint one member. All members shall serve for four-year terms and may succeed themselves. Said members shall have control, duties, powers and authority as are hereby conferred and as may be prescribed or provided for by the General Assembly, and such additional powers as may be delegated to the Authority by Cherokee County. Members of the Authority shall be residents of Cherokee County. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. A majority of the members shall constitute a quorum and a majority may act for the Authority in any manner.; Members. C. All property or income the title to which is vested in the Authority and all debentures, notes, bonds and revenue bonds or obligations issued by the Authority shall have the same immunity from taxation within the State of Georgia as property, income and obligations and interest on the obligations of Cherokee County. The exemptions from taxation herein provided shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority.; Property.

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D. The powers of the Authority shall include, but not be limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; (2) To borrow money, to issue notes, bonds and revenue obligations, to execute trust agreements or indentures, and to sell, convey mortgage, pledge and assign any and all of its funds, property, contract rights and income as security therefor; 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 corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties; which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Cherokee 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 Cherokee County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more

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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 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, Cherokee County, or the municipalities named herein. Debt. F. The members of the Authority shall receive no compensation for their services to the Authority; Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds or obligations then outstanding, the Authority is hereby authorized to issue bonds bearing a rate or rates of interest and maturing in 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 now or hereafter amended, and the validation shall have the same force and effect as if said obligations had been originally authorized to be issued thereunder. Any property, real

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or personal, in existence or anticipated, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for the payment of said bonds. 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 contained herein shall be construed to create a right to compel any exercise of the taxing power of Cherokee County to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Cherokee County. Bonds. H. No monies derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expense. Gifts. I. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the municipalities of Ball Ground, Canton, Holly Springs, Waleska, Woodstock and to Cherokee County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. J. The Authority, in exercising the powers in the manner herein granted, is hereby deemed and declared to be a public corporation and an instrumentality of purely public charity performing an essential governmental function in behalf of Cherokee County. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare, industry and trade within Cherokee County and reducing unemployment to the greatest extent possbile, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Intent.

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K. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty days after such proclamation. Effective date. L. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia and Cherokee County and the scope of the operations of the Authority 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 the limits of Cherokee County. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the 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 Cherokee 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

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shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. CATOOSA COUNTYBOARD OF TAX ADMINISTRATORS. Proposed Amendment to the Constitution. No. 105 (House Resolution No. 161-356). A Resolution. Proposing an amendment to the Constitution so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section XVII, Paragraph I of the Constitution is hereby amended by striking the words levy taxes and, as they appear in the first sentence of that paragraph of the Constitution which was added by an amendment to the Constitution, proposed by a resolution found in Georgia Laws 1958, page 592, and ratified at the general election conducted in 1958 creating a board of tax administrators for Catoosa County, and by striking from the last sentence of said paragraph the words levying taxes and, so that when so amended said paragraph shall read as follows: The power and authority to evaluate property in Catoosa County is hereby vested in a Board of Tax Administrators, which is hereby created for that purpose. The Board of Tax Administrators shall be composed of three members elected by the qualified voters of the entire

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county. To be eligible for election to the Board of Tax Administrators, a person must be at least 25 years of age, a resident of this State and said county for at least two years, and qualified to vote in the election for members of the General Assembly. Said board is authorized to appoint and employ qualified and professional appraisers to determine the true market value of the taxable property located in Catoosa County and to provide the compensation for such appraisers. Compensation of the members of the Board of Tax Administrators herein created shall be $15.00 per day for each day of actual service, plus actual expenses, said compensation to be payable monthly out of county funds. The Board of Tax Administrators shall be subject to all the provisions of the law with respect to evaluating property not in conflict with this paragraph. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to remove the authority of the board of tax administrators for Catoosa County to levy taxes? 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

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shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. COLUMBUS AND MUSCOGEE COUNTY BUILDING COMMISSION. Proposed Amendment to the Constitution. No. 106 (House Resolution No. 164-364). A Resolution. To propose an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Columbus and Muscogee County Building Commission; to provide the manner in which the name of such Commission may be changed; to authorize the said Commission to acquire, construct, equip, maintain, and operate self-liquidating projects embracing buildings and facilities for use by the City of Columbus and Muscogee County, Georgia, for their governmental, proprietary, and administrative functions, to authorize the City of Columbus and Muscogee County to lease or sell lands and buildings to such Commission; to provide for the appointment of the members of the Commission; to provide for the manner of changing the number of members and the manner of their appointment; to define certain words and terms; to confer powers and impose duties on the Commission; to grant limitations to the Commission; to authorize the Commission and the City of Columbus and Muscogee County to enter into contracts and leases pertaining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt within the meaning of the Constitution of the State

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of Georgia, Article VII, Section VII, Paragraph I, of the City of Columbus or Muscogee County shall be incurred by the exercise of any of the powers hereby granted; to authorize the issuance of revenue bonds of the Commission payable from the revenues, rents, and earnings, and other funds of the Commission to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to make the bonds of the Commission exempt from taxation; to provide the right and power for the Commission to condemn property of every kind and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdiction of actions relating to any provisions of this amendment; to exempt the property and income of the Commission from taxation; to provide for the Commission immunity and exemption from liability for torts and negligence; to provide that the property of the Commission shall not be subject to levy and sale; to provide that this amendment shall be liberally construed; to provide an effective date for this amendment; to provide that no enabling legislation shall be necessary; to define the scope of the Commission's operations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: 1. Columbus and Muscogee County Building Commission Created . There is hereby created a public body corporate and politic to be known as the Columbus and Muscogee County Building Commission, hereinafter sometimes designated as the Commission, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in

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the future by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for use by the City of Columbus and Muscogee County for their governmental, proprietary, and administrative functions and the City of Columbus and Muscogee County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Commission lands and buildings owned by them. 2. Membership . The Commission shall consist of five members, who shall be eligible to succeed themselves. Two members shall be elected by the mayor and commissioners of the City of Columbus, and two members shall be elected by the Commissioners of Roads and Revenues of Muscogee County. The fifth member shall be selected by the Mayor of the City of Columbus and the Chairman of the Commissioners of Roads and Revenues of Muscogee County. The members of each of said bodies shall be eligible to be elected to and to serve on said commission. The members of the Commission shall hold office for the term of two years and until their successors shall be elected, provided, however, that, of the original members elected to the Commission, one shall be elected by each body for a term of one year, and one two years. Any vacancy on the Commission shall be filled for the unexpired term by the body which had elected the member whose term has become vacant. Immediately after their election the members of the Commission shall enter upon their duties. The Commission shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Commission. Three members of the Commission shall constitute a quorum, and no vacancy on the Commission shall impair the right of the quorum to exercise all the rights and perform all the duties of the Commission, and in every instance a majority vote of a quorum shall authorize any legal act of the Commission, including all things necessary to authorize and issue revenue bonds. The members of the Commission shall receive no compensation

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for their services but may be reimbursed by the Commission for their actual expenses properly incurred in the performance of their duties. The Commission shall make rules and regulations for its own government and shall have perpetual existence. In the event the number of members of the Commission, or the number required to constitute a quorum, or the qualifications or compensation of the members of the Commission, or the manner in which the members of the Commission shall be selected shall ever become the subject of change, the same may be accomplished by act of the General Assembly. 3. Definitions . As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context: (a) The word, `Commission' shall mean the Columbus and Muscogee County Building Commission, created hereby. (b) The word `project' shall mean and include real and personal property acquired or held by the Commission for one or a combination of two or more of the following undertakings; buildings and facilities intended for use as a courthouse, city hall, jail, police department, fire department, administrative offices, governmental offices, proprietary and utility offices, all buildings and facilities of every kind and character determined by the Commission to be desirable for the efficient operation of any department, board, office, commission, or agency of the City of Columbus and Muscogee County or either of them in the performance of their governmental, proprietary, and administrative functions. (c) The term `cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal

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expenses, expenses incident to determining the feasibility or practicability of the project, expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (d) The term `revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may be issued by the Commission in the manner authorized under said Revenue Bond Law. 4. Powers . The Commission shall have all 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: (a) to sue and be sued; (b) to adopt and alter a corporate seal; (c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other instruments relating to its projects and incident to the exercise of the powers of the Commission including contracts for constructing, renting, and leasing of its projects for the use of the City of Columbus and Muscogee County or either of them; and, without limiting the generality of the foregoing, authority is specifically granted to the said city and county to enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of any two or more structures, buildings, or facilities of the Commission for a term not exceeding thirty years, and the City of Columbus and Muscogee County or either of them may enter into lease contracts and related agreements for the use of any structure, building, or facility or a combination of two or more structures, buildings, or

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facilities of the Commission for a term not exceeding thirty years upon a majority vote of their governing bodies and may obligate themselves to pay an agreed sum for the use of such property so leased and also obligate themselves as a part of the undertaking to pay the cost of maintaining, repairing, and operating the property furnished by and leased from the Commission; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agreements are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contracting parties shall be authorized to make the term of such contracts or agreements for a period not to exceed thirty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that, under any such lease contract or related agreement, the lessees or tenants shall have the right to sub-let to public or private persons or corporations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants. (d) to acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property 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 disposition of the same in any manner it deems to the best advantage of the Commission; provided, however, that the Commission shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Commission and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless at the time such property

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is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (e) to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (f) to pledge or assign any revenues, income, rent, charges, and fees received by the Commission; (g) to appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (h) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Commission and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Commission or from any contributions, loans, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Commission is hereby authorized to receive, accept, and use; (i) to accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (j) to borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (k) to exercise all powers usually possessed by private corporations performing similar functions, which are not in conflict with the constitution and laws of this state; and

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(l) pursuant to proper resolution of the Commission to issue revenue bonds payable from the rents and revenues of the Commission and its projects to provide funds for carrying out the purposes of the Commission, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Commission may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as herein provided, any such bonds of the Commission theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119, and, as security for the payment of any revenue bonds so authorized, any rents and revenues of the Commission may be pledged and assigned. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. 5. Credit not pledged and debt not created by bonds . Revenue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Columbus, or Muscogee County, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Commission as provided in the resolution and trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds

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shall not directly, indirectly, or contingently obligate the state or said city or county to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the state or of said city or county, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. However, said county or municipality may obligate itself to pay the amounts required under any contract entered into with the Commission from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section, and from any other source, and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art. VII, Section VII, Paragraph I; and when such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation. 6. Trust Agreement . In the discretion of the Commission any issue of revenue bonds may be secured by a trust agreement or indenture made by the Commission with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Commission. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any

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receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Commission. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Commission in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. 7. Refunding bonds . The Commission is hereby authorized to provide by resolution for the issuance of revenue bonds of the Commission for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds. 8. Venue of actions, Jurisdiction . Any action to protect or enforce any rights under the provisions hereof or any action against the Commission brought in the courts of the State of Georgia, shall be brought in the Superior Court of Muscogee County, Georgia, and any action pertaining

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to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. 9. Revenue bond validation . All bonds of the Commission shall be confirmed and validated in the Superior Court of Muscogee County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Commission and any municipality, county, and such other contracting party pledged as security for the payment of the revenue bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in al respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Muscogee County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts and resolution and trust agreement on his own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the entry of the decree validating such bonds, and if no exception is

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filed to the decree validating such bonds within twenty days from the date upon which such decree is entered, or if filed and the judgment shall be affirmed by the proper appellate court of this state, such decree shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Commission issuing the same and against the parties to such contracts and against all residents of the State of Georgia. 10. Interest of bondholders protected . While any of the bonds issued by the Commission remain outstanding, the powers, duties, or existence of said Commission or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Commission so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Commission. The provisions hereof shall be for the benefit of the Commission and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. 11. Revenues, earnings, rents, and charges; Use . (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Commission with revenue bonds, the Commission is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Commission: (i) to pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required

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by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for; (ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (iii) to comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (v) to accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Commission prior to the completion of the undertaking by the Commission of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable; (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless

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of the cause of the necessity of such maintenance, repair, or reconstruction; (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Commission from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Commission by reason of injury or damages to persons or property occurring on or by reason of the leased premises; (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Commission may enforce performance by any legal or equitable process against the tenants, or lessees; (f) The Commission shall be permitted to assign any rental payable to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds; (g) The use and disposition of the Commission's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. 12. Sinking fund . The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Commission regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Commission to payment of the principal of and interest on revenue bonds of the Commission as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received

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from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. 13. Exemption from taxation . The exercise of the powers conferred upon the Commission hereunder shall constitute an essential governmental function for a public purpose, and the Commission shall be required to pay no 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 and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Commission. 14. Immunity from tort actions . The Commission 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 Commission, when in performance of work of the Commission, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia. The Commission may be sued the same as private corporations may be sued on any contractural obligation of the Commission. 15. Property not subject to levy and sale . The property of the Commission shall not be subject to levy and sale under legal process.

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16. Trust funds . All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Commission. 17. Construction . This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of this constitution to the contrary, and this amendment and any law enacted with reference to the Commission shall be liberally construed for the accomplishment of its purposes. 18. Effective Date . This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 19. General Assembly . 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 enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Commission. The Commission shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of Muscogee County, as the same now or may hereafter exist. 20. Conveyance of Property upon dissolution . Should said Commission for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Commission at the time of such dissolution shall be conveyed to Muscogee County or to the City of Columbus, or both, in such manner that the interest conveyed to each shall

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be that part of the whole which the amount of rent paid on such property by such grantee shall bear to the whole amount of rent paid on such property, or in such manner or may be agreed upon by the City of Columbus and Muscogee County, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. 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 the State of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: Shall the Constitution be amended so as to create the Columbus and Muscogee County Building Commission and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Commission to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof. YES () NO () 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 the constitution, it shall become a part of the constitution of this state. The returns of the election shall be made in like

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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. MURRAY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 107 (House Resolution No. 289-658). A Resolution. Proposing an amendment to the Constitution so as to create the Murray County Industrial Development Authority; to provide for powers, authority, 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 in Murray County to be known as the `Murray County Industrial Development Authority' hereinafter referred to as the `Authority', which shall be an instrumentality of Murray County and a public corporation. Created. B. The Authority shall consist of seven (7) members who shall serve for a term of four (4) years each and who shall be eligible for reappointment. The members shall be appointed by the governing authority of Murray County, and the members may be residents of any area of Murray County. The first members of the Authority shall be appointed for terms of two for one year; two

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for two years; two for three years and one for four years and until their successors are elected and qualified. The governing authority of Murray County shall designate the terms of office of the first members when making the appointment. Thereafter, the terms of office of all members shall be for four (4) years and until their successors are elected and qualified. Vacancies shall be filled for the unexpired term by the governing authority of Murray County. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority may be a member of the governing authority of Murray County, but there shall be no other disqualification to hold public office by reason of membership on the Authority. Members. C. The property, obligations and the interest on the [Illegible Text] of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Murray County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. 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. Same. E. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage

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land, buildings and property of all kinds within the limits of Murray County: Powers. (2) To receive and administer gifts, grants and donations and to administer trusts; (3) To grant, loan and lease without adequate consideration or without any consideration and with and without security, any of its funds and property to private persons and corporations operating or promising to operate any industrial plant or establishment within Murray 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 Murray 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 Murray 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 Murray County, suitable for and intended

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for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. 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; F. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Murray County. Debt. G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the

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

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J. The governing authority of Murray County is also authorized in addition to the tax provided in Paragraph I, 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. Funds. K. 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. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Murray County and its citizens, industry, agriculture and trade within the County of Murray, and making long-range plans for such development and expansion and to authorize the use of public funds of Murray 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. 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 days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Murray County, and the scope of its operations shall be limited to the territory embraced within Murray County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Murray County. General Assembly.

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O. 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 Murray County or the State. Debt. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Murray County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures 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.

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GWINNETT COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. Proposed Amendment to the Constitution. No. 108 (House Resolution No. 320-721). A Resolution. Proposing an amendment to the Constitution so as to create a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government 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 XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following: Section 1. Board of Commissioners created . At the time and in the manner hereinafter provided for, there is hereby created in and for the County of Gwinnett a Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term `commission' wherever employed herein, shall mean the Board of Commissioners of Roads and Revenues, including the chairman and all members. Section 2. (A). Commissioner Districts . The commission established herein shall consist of five (5) members. all such members shall be elected by the qualified voters of their commission district and each candidate for membership on the commission shall be a resident of their commissioner district, hereinafter created, which he offers to represent, and no two members of the commission shall reside in the same commissioner district. In all elections

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held pursuant to this Act, each candidate shall designate the post for which he offers, and the candidate receiving the largest number of votes shall be declared elected to represent his district. For the purpose of the election of commission members, Gwinnett County is hereby divided into five (5) commissioner districts to be constituted and designated as follows: Commissioner District Number One shall include all that territory embraced within the following militia districts: Georgia Militia District No. 407, the same being known as the Lawrenceville District; Georgia Militia Distract No. 1587, the same being known as the Rocky Creek District; Georgia Militia District No. 1564, the same being known as the Dacula District; and Georgia Militia District No. 478, the same being known as the Harbins District. Commissioner District Number Two shall include all that territory embraced within the following militia districts: Georgia Militia District No. 550, the same being known as the Sugar Hill District; Georgia Militia District No. 444, the same being known as the Hog Mountain District; Georgia Militia District No. 1397, the same being known as the Pucketts District; Georgia Militia District No. 1749, the same being known as the Duncans District. Commissioner District Number Three shall be all of Georgia Militia District No. 406, the same being known as the Pinkneyville District; Georgia Militia District No. 405, the same being known as the Berkshire District. Commissioner District Number Four shall be all of Georgia Militia District No. 1578, the same being known as the Garner District; Georgia Militia District No. 408, the same being known as the Cates District; Georgia Militia District No. 1295, the same being known as the Bay Creek District; Georgia Militia District No. 571, the same being known as the Rockbridge District. Commissioner District Number Five shall be all of Georgia Militia District No. 1263, the same being known

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as the Duluth District; Georgia Militia District No. 1604, the same being known as the Suwanee District; Georgia Militia District No. 404, the same being known as the Goodwin District; Georgia Militia District No. 544, the same being known as the Martins District. (B). Qualifications of commission members . Members of the commission shall be citizens of this State who have attained the age of thirty (30) years and who have been residents of their respective commissioner district for not less than two years preceding their election, and shall hold no other elective public office. Section 3. Election and term of commission members . The members of the commission created herein to represent commissioner districts shall be elected at the general election held for members of the General Assembly in 1968, and their terms shall commence on January 1, 1969. Other than elections to fill vacancies for unexpired terms, they shall serve for terms for four years each and until their respective successors are elected and qualified. Section 4. Election returns; vacancies . In all elections for members of the commission held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such office. In the event of a vacancy in the office of a member of the commission whose unexpired term exceeds one hundred eighty (180) days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed one-hundred eighty (180) days, it shall be the duty of the ordinary to fill the vacancy by appointment. Section 5. Recall of commission member . Any member of the commission shall be subject to a recall election at any time after nine months of his term has expired.

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The petition for any such recall election must be signed by not less than twenty-five per cent (25%) of the qualified registered voters of said member's commission district, and shall be filed in the office of the ordinary of said county. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Gwinnett Co. certifying that the names appearing on said petition have been verified by comparison with the list of qualified, registered voters maintained by him, and that the names appearing thereon constitute not less than twenty-five percent (25%) of such votes. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote For recall of the above named officer or Against recall of the above named officer. The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the ordinary it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. L. 1947, p. 1203), by the use of voting

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machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office. Section 6. Oath and bond . Before entering upon the discharge of their duties, the members of the commission shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. Each member of the board shall give like bond in the sum of ten thousand dollars ($10,000.00). The costs of said bonds shall be paid out of the county treasury. Section 7. Compensation . Members of the commission [Illegible Text] created shall be paid as their entire compensation or services as same the sum of one hundred dollars ($100.00) each per month to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation to which a commission member shall be entitled. Section 8. Chairman . At the first regular meeting in January of each year, the commission shall elect from its members, a chairman and vice-chairman. The chairman shall preside at all commission meetings. The vice-chairman shall preside at commission meetings in the absence of the chairman, and both chairman and vice-chairman shall serve for the current calendar year. In the event of a vacancy in the office of chairman or vice-chairman, the commission shall elect a new chairman to serve for the remainder of the calendar year. Section 9. Meetings . The board of commissioners shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock p.m. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which

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is open to the public. Any four (4) members of the commission shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the commission. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. Section 10. The commission . The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the county manager. The policies, rules and regulations, when so adopted, by the commission, shall be carried out, executed and enforced by the county manager as chief executive officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.

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(f) To authorize contracts, except contracts of employment, involving the expenditure of county funds in excess of $5,000.00. (g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the county manager shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met. (h) To estabiish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Commissioners of the county. (k) To exercise, all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Roads and Revenues of Gwinnett County in respect to zoning and planning. (l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the Commissioner of

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Roads and Revenues of Gwinnett County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 11. Reports of officers . The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Section 12. Appointments to statutory positions . The appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the board of commissioners, within budgetary provisions. ARTICLE III. Internal Organization of County Government . Section 13. Departments . The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the commission shall be divided into the following departments: 1. Finance. 2. Water. 3. Public works. 4. Public safety. 5. Fire. 6. Parks and recreation. 7. Law. 8. Buildings and inspections. 9. Sewer. 10. Zoning and planning. Additional departments may be created, or any two or more departments may be consolidated, from time to time

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by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department. ARTICLE IV. Fiscal Affairs and Records . Section 14. Department of finance . The department of finance shall be under the control and supervision of the director of finance, who shall be appointed by the commission or a majority of them. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the county manager, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile, in cooperation with the county manager and county auditor, the annual budget covering all county funds. (3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and unallotted balances of appropriations. (6) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (7) Prepare and issue quarterly financial reports of the operations of all county funds. (8) Establish rules and regulate purchasing service for all county departments, offices and agencies. Formal,

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three or more, sealed bids, after advertising for same, must be obtained on all purchases exceed five hundred dollars ($500.00). All bids shall be open at the next regular meeting of the Board of Commission. (9) Maintain property control records of all county property, including equipment and stores. (10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financing those requirements and advise the county manager and commission on financial matters. (11) Perform such other duties as may be assigned by the commission. Section 15. Records, minutes . The director of finance shall be ex officio clerk of the commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Section 16. Budget and appropriations . The county manager shall submit annually to the commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Gwinnett County and by posting same at the courthouse door. The budget shall

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then be reviewed and adopted or amended by the commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended, by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the county manager shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the commission chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the commission. Section 17. Expenditures by allotments . No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The county manager shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the director and department of finance, institute a system of quarterly allotments of all monies appropriated and budgeted. Section 18. Audits . The commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission

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shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each quarterly and annual report furnished by him to the commission. ARTICLE V. Creation of County Manager . Section 19 . There is hereby created the office of county manager of Gwinnett County, Georgia. Not later than six months following approval of this Act the county manager shall be elected by a majority vote of the board of county commissioners of roads and revenues of said county, hereinafter referred to as the county commission, for an indefinite term. In the event of a vacancy in said office from any cause, the county commission shall elect a successor by a majority vote. Office created. Section 20 . The county manager may be suspended or removed at the pleasure of the county commission by a majority vote of the county commission. In case of suspension or removal the county manager shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing thereon before the county commission which request shall be filed with the Clerk of the county commission. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the county manager may be suspended from office and all of the duties thereof performed by some other person designated by the county commission to perform such duties. The action of the county commission in suspending or removing the county manager shall be final. Removal, etc. Section 21 . No person shall be county manager before he shall have attained his thirtieth (30th) birthday, but shall not be eligible to hold the office after he reaches

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the age of sixty-five (65) years. He shall be of good character, be of proven executive ability and experience. No person related by blood or marriage within the third degree, to any member of the county commission, or who is a member of the county commission, or holder of a public elective office in the county or in any city or town political subdivision located within the territorial limits of the county at the time of his appointment or one year prior thereto, shall be eligible for appointment as county manager. Qualifications. Section 22 . Before entering upon his duties, the county manager shall take and subscribe an oath, for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the county commission. Oath. Section 23 . The county manager shall be the Chief Executive Officer of the county. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the county commission consistent with this Act and entered upon the minutes of said county commission. He shall have supervision over all employees of the county now or hereafter subject to the jurisdiction of the county commission. The county manager shall be the appointing authority for the heads of all departments where the power of appointment is now or hereafter vested in the county commission, except the county attorneys, auditors and director of finance. Subject to Civil Service rules and regulations, where applicable, the county manager shall be the appointing authority for all employees whose appointment is now or hereafter vested in the county commission, and shall have the right to employ and discharge the same; and subject to Civil Service rules and regulations to prepare and to recommend salary scales for all county employees; to prescribe the duties and supervise the work of county employees; to require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and papers of every officer and department of the county. Duties.

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Section 24 . Subject to rules established by the county commission, the county manager shall authorize all purchases for the county, subject only to the laws requiring advertisement and bids. He shall approve all requests for supplies and materials before same shall be delivered from any county warehouse or storage, shall supervise the disbursement of all county funds, and shall render such reports as may be required by the county commission. The county manager may delegate purely administrative duties to subordinates in the county government, whose work the county manager shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the county manager from his responsibilities for administration of county affairs. Purchasing, etc. Section 25 . The county manager shall not engage in or be concerned with any partisan politics or any political compaign. He shall not contribute to any campaign fund or solicit funds for political purposes from any other person. He shall not appoint any relative as an employee of such county, unless such relative shall qualify and become eligible for appointment under the Civil Service, and be recommended by the Civil Service Board. He shall not be eligible for election as a member of the county commission for a period of four (4) years after termination of his service as county manager. Politics. Section 26 . The County manager shall devote his entire time to the duties of his office and shall maintain his office at the courthouse or county office building. Duties. Section 27 . As Chief executive Officer of such county, it shall be the duty of the county manager to conduct, supervise and administer all county affairs, subject only to the general law, to rules prescribed by the county commission, and subject to the right of the county commission to review, repeal or modify any action of the county manager which is contrary to the general law or such rules, by a vote of a majority of the county commission at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the

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county manager shall be entered in writing on the minutes of the county commission. Duties. Section 28 . The county manager shall receive all requests for public work, road building, repairs to bridges and roads and public buildings, the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the county commission a program for all of such work, provided nothing herein shall be construed to prevent the county manager from performing immediately any work in an emergency that is necessary to protect the interests of the county or the citizens thereof. It shall be the duty of the county manager to receive and consider requests for appropriations of county funds, all of which he shall investigate and report to the county commission, with his recommendation thereon. Same. Section 29 . All request and reports of county officers and departments shall be made to the county manager for his recommendation to the county commission; the use and disposition of county property shall be under the supervision and direction of the county manager, subject to approval by the county commission; all claims against the county shall be presented to the county manager, who shall investigate same and report same to the county commission together with his recommendation thereon. Same. Section 30 . The county manager with the cooperation of the County Audit shall pre-planned and present to the county commission a budget for each calendar year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the county manager to execute said budget. No department or officer of county government shall exceed the budget without the approval of the county commission. Budget. Section 31 . It shall be the duty of the county manager to investigate the tax digests and to recommend to the county commission the levy of a sufficient tax upon all property of such county, which tax, together with all other sources or revenue which may lawfully be anticipated,

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shall be sufficient to balance the budget, after same has been adopted. Taxes. Section 32 . All orders, directions and instructions from the county commission to the county manager shall be duly entered on the minutes of the county commission. No member of the county commission shall privately issue orders to the county manager or intefere with the county manager in the administration of his duties. Instructions. Section 33 . The county manager shall be paid an annual salary of not less than ten thousand dollars ($10,000.00) per annum, nor more than twenty thousand dollars ($20,000.00) per annum, said salary to be fixed annually in January of each year by the county commission. Salary. Section 34 . Before entering upon his duties, the county manager shall give bond in the amount of twenty-five thousand dollars ($25,000.00) payable to the county, upon which bond action may be brought in the name of the county at the instance of the county commission, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the county treasury and the bond shall be kept by the ordinary of such county. Bond. ARTICLE VI. Miscellaneous Provisions . Section 35. Agreement of candidates . It shall be unlawful for any candidate for the office of member of the commission, or for nomination to such office, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Section 36. Officials not to be interested in contracts . No member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly

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or indirectly, in any contracts to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the commission by a proper entry on the minutes of the commission. Section 37 . The General Assembly is authorized to provide by local law for the alteration or change of any of the provisions contained within this amendment to the Constitution by the enactment of local legislation amending such provisions without the necessity of seeking an amendment to the Constitution or the approval of the citizens of Gwinnett County in order to effect such change or alteration. General Assembly. Section 38. Effective date . This amendment, if ratified by the voters of Gwinnett County in the general election conducted in 1966, shall become effective on January 1, 1969, except for those provisions of Section 3, relating to the election of initial members of the Commission, which shall become effective at the time provided for herein, and the Board of Commissioners of Roads and Revenues for Gwinnett County as created by an Act approved August 16, 1915 (Ga. L. 1915, p. 244), as amended shall be abolished at 11:59 p.m. on December 31, 1968. 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

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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 a five-member Board of Commissioners of Roads and Revenues for Gwinnett County and to provide for a county manager form of government 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. SOLICITORS-GENERALELECTIONS. Proposed Amendment to the Constitution. No. 109 (House Resolution No. 28-44). A Resolution. Proposing an amendment to Article VI, Section XI, Paragraph 1 of the Constitution of Georgia, relating to the office and election of solicitors general, so as to provide that each solicitor general shall be elected only by the

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electors of the circuit for which such solicitor general shall serve; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VI, Section XI, Paragraph I of the Constitution of Georgia, relating to the office and election of solicitors general, is hereby amended by striking from said Paragraph the words whole state, and inserting in lieu thereof the words circuit wherein the solicitor general is to serve, who are, so that when so amended, Article VI, Section XI, Paragraph I shall read as follows: Paragraph I. Number; term of office; vacancies . There shall be a solicitor general for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the solicitor general is to serve, who are qualified to vote for members of the General Assembly, at the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected. 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 provide that solicitors general shall be elected only by the electors residing in the circuit in which the solicitor general is to serve? 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. HALL COUNTY SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 110 (House Resolution No. 205-435). A Resolution. Proposing an amendment to the Constitution so as to provide that the county school superintendent of Hall County shall be appointed by the Board of Education of Hall County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: The county school superintendent of Hall County shall be appointed by the Board of Education of Hall County.

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The county school superintendent serving at the time of the ratification of this amendment shall continue to serve out that term of office to which he was elected. At the expiration of said term of office, the Board of Education of Hall County shall appoint a successor who shall serve at the pleasure of the board. The county school superintendent appointed by the Board of Education of Hall County shall be subject to all constitutional and statutory provisions relating to county school superintendents except those provisions which conflict with the provisions of this paragraph. The county school superintendent shall possess the following additional qualifications: (a) Minimum educational attainment of a Masters Degree, and (b) A minimum of five years teaching school, and (c) Shall not be related by blood or marriage to any Hall County School Board member. 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 county school superintendent of Hall County shall be appointed by the Board of Education of Hall 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. CREATION OF PUBLIC CORPORATIONS, ETC. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 20-44). A Resolution. Proposing an amendment to the Constitution, so as to authorize the General Assembly to create public corporations with the power to issue revenue obligations for the purpose of developing industrial facilities and to empower the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obligations for such 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 of Section VII of the Constitution is hereby amended by inserting between Paragraphs V and VI, a new Paragraph to be numbered Paragraph VA and to read as follows: Paragraph VA. Revenue Obligations Authorized . The General Assembly may authorize any county, municipal corporation, or political subdivision, or may itself create and authorize any public corporation or authority, to issue revenue obligations for the public purposes hereinafter set forth. When such revenue obligations are issued in compliance with the requirements of the General Assembly

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such obligations shall not constitute indebtedness within the meaning of Section VII of this Article. Revenue obligations may be issued to finance the cost of land, buildings, facilities, machinery or equipment to be sold or leased to a private business in the establishment of a new plant or in the expansion of an existing facility, and also for industrial development purposes as may be defined and authorized by law. The General Assembly may authorize local taxation for industrial development purposes, as defined and authorized by law but such taxation by any county, municipal corporation or other political subdivision shall not exceed two mills annually and the proceeds of such tax shall not be used for the repayment of any revenue obligation incurred for such purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their 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 General Assembly to create public corporations with the power to issue revenue obligations for the purpose of developing industrial facilities and to empower the General Assembly to authorize the various counties, municipalities and political subdivisions to issue revenue obligations for such purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

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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. TAX EXEMPTION OF FACILITIES TO REDUCE AIR OR WATER POLLUTION. Proposed Amendment to the Constitution. No. 112 (House Resolution No. 39-55). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph: The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate

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state agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to provide for the exemption from taxation of all facilities installed for the primary purpose of reducing air or water pollution? 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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VOTER REGISTRATION REQUIREMENTS. Proposed Amendment to the Constitution. No. 113 (House Resolution No. 166-371). A Resolution. Proposing an amendment to the Constitution so as to provide that a person shall be entitled to register and vote at any election by the people if he has resided in this State at least one year immediately preceding the election in which he seeks to vote, and shall have resided in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide shorter periods of State and county residence for persons to be allowed to vote for presidential and vice-presidential electors and shorter periods of county residence for persones to be allowed to vote for Governor and Lieutenant Governor; 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 of Georgia is hereby amended by striking Article II, Section I, Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows: Paragraph III. Who entitled to register and vote . To entitle a person to register and vote at any election by the people, he shall have resided in the State at least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election at least six (6) months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and

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Lieutenant Governor when such persons are not eligible to vote for them elsewhere. 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 allow the General Assembly to set different residence requirements for persons to be eligible to vote in national elections and State elections? 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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VIDALIA DEVELOPMENT AUTHORITYACTIVITIES IN MONTGOMERY COUNTY. Proposed Amendment to the Constitution. No. 114 (House Resolution No. 281-602). A Resolution. Proposing an amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended by an Amendment creating the Vidalia Development Authority, found in Ga. Laws 1956, p. 426 and ratified at the general election of 1956, and as further amended by an Amendment found in Ga. Laws 1962, p. 1131 and ratified at the general election of 1962, is hereby amended by adding a new subparagraph to the aforesaid 1956 Amendment to be designated as Subparagraph O to read as follows: O. Any other provisions of this Paragraph to the contrary notwithstanding, the Vidalia Development Authority is hereby authorized to extend its operations into that portion of Montgomery County in which a part of the City of Vidalia lies. It is also authorized to extend its operations into other parts of Montgomery County upon prior approval of the governing authority of Montgomery County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted

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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 be amended so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to provide the 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. ADMINISTRATION OF FEDERAL FUNDS BY STATE BOARD OF VOCATIONAL EDUCATION. Proposed Amendment to the Constitution. No. 115 (House Resolution No. 282-607). A Resolution. Proposing an amendment to subparagraph I of Paragraph II, of Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, so as to authorize any agency, board, department or other unit of the State government which may be the recipient of Federal funds to administer such funds, pursuant to

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the terms of the grant of such funds; to provide the procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Subparagraph I of Paragraph II, of section I of Article VII, of the Constitution of Georgia, relating to the financing, taxation, and public debt of the State, is hereby amended by adding at the end of said subparagraph a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation or disabled persons provided, however, that nothing in this paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the State Board of Vocational Education to accept and dispense

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Federal funds in accordance with the terms of the grant of such funds including disbursement thereof to nonprofit corporations or associations engaged solely in vocational rehabilitation work. 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. ELBERT COUNTYRECREATIONAL PROGRAMS. Proposed Amendment to the Constitution. No. 116 (House Resolution No. 288-658). A Resolution. Proposing an amendment to the Constitution so as to authorize Elbert County to establish and maintain a program of recreation for the citizens of Elbert County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article IX, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

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The governing authority of Elbert County is hereby authorized to establish a program of recreation for Elbert County or to participate with any other political subdivisions located within Elbert County for the establishment and maintenance of a recreation program for the citizens of Elbert County. The governing authorities of Elbert County and the political subdivisions located therein are authorized to create a recreation board and to vest in said board any and all powers which are conferred upon Elbert County and any of its political subdivisions by the provisions of this paragraph for the establishment, operation, maintenance and administration of a recreation program within Elbert County. Elbert County is hereby authorized to exercise the power of taxation for the purpose of raising funds necessary to establish such a program of recreation. Without limiting the power of Elbert County and any of its political subdivisions, their governing authorities are authorized to exercise any authority and power to establish and administer a recreation program which is set forth in an Act approved February 1, 1946 (Ga. L. 1946, p. 152), as amended, relating to the establishment of a recreation program within the counties and incorporated municipalities of this state. In addition to such powers, Elbert County is authorized to exercise any power not prohibited by this Constitution for the purpose of establishing and maintaining a program of recreation for the citizens of Elbert County. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

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YES () NO () Shall the Constitution be amended so as to authorize Elbert County to establish and maintain a program of recreation for the citizens of Elbert 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. STATESBORO AND BULLOCH COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 120 (House Resolution No. 273-596). A Resolution. Proposing an amendment to the Constitution of the State of Georgia so as to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Statesboro and Bulloch County Development Authority; to provide for powers, authority, limitations, funds, purposes and procedures connected therewith; to authorize the Authority to issue its bonds; to provide the method and manner of such issuance and validation and the effect thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: 1. Statesboro and Bulloch County Development Authority Created . There is hereby created a public body corporate and politic to be known as the Statesboro and Bulloch County Development Authority, hereinafter sometimes designated as the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however, may in the future be changed by act of the General Assembly and the purpose of which shall be to acquire, construct, and equip self-liquidating projects including buildings and facilities for industrial development, promotion, and expansion, and the cities of Statesboro, Brooklet, and Portal and Bulloch County are hereby granted the right and power by proper resolution of the appropriate governing body to sell or lease to said Authority lands and buildings owned by them. 2. Membership . The Authority shall consist of eight members, who shall be eligible to succeed themselves. One member shall be the mayor of Statesboro, and one shall be the chairman of the Board of Commissioners of Roads and Revenues of Bulloch County. The other members shall be qualified registered voters of Bulloch County, two of whom shall be appointed by the Mayor and Council of the City of Statesboro and two of whom shall be appointed by the Board of Commissioners of Roads and Revenues of Bulloch County and two of whom shall be appointed by Bulloch County Chamber of Commerce. The terms of office of members of said Authority, as to the mayor of the City of Statesboro and the chairman of the Board of Commissioners of Roads and Revenues of Bulloch County, shall be concurrent with their respective terms as mayor and chairman. The other members of the Authority shall hold office for the term of five years and until their successors shall be appointed and qualified. Any vacancy on the Authority, except the positions of

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the members who shall be the mayor of the City of Statesboro and the chairman of the county commission, may be filled for any unexpired term by the body which made the appointment to the position which has become vacant. Immediately after such appointments, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily hold membership on the Authority. Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compensation for their services but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government, and shall have perpetual existence. In the event the number of members of the Authority, or the number required to constitute a quorum, or the qualifications or compensation of the membership of the Authority, or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by an act of the General Assembly. 3. Definitions . As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word `Authority' shall mean the Statesboro and Bulloch County Development Authority, created hereby. (b) The word `project' shall mean and include real and personal property acquired or held by the Authority for the assistance, promotion, establishment, and development of new industry, and the assistance, promotion, and

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expansion of existing industry, trade, and commerce in Bulloch County, the acquisition and improvement of any such property for any such purposes, the acquisition, construction, installation, and expansion of one or more buildings, plants, and articles of equipment for the purpose of using, selling, leasing, and renting such land, property, improvements, structures, and equipment to public or private persons, firms, corporations, or associations for such purposes. (c) The term `cost of project' shall embrace the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construction, architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses, expenses incident to determining the feasibility or practicability of the project, expenses incident to the acquisition, construction, equipping, and operation of any project or any part thereof and to the placing of the same in operation and to the condemnation of any property incident to such construction and operation. (d) The term `revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, and under the provisions of this amendment. The obligations authorized hereby may be issued by the Authority in the manner authorized by said Revenue Bond Law. 4. Powers . The Authority shall have all 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: (a) to sue and be sued; (b) to adopt and alter a corporate seal; (c) to make and execute with public and private persons and corporations, contracts, leases, mortgages, rental

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agreements, and other instruments relating to its projects and incident to the exercise of the powers of the Authority including contracts for constructing, renting, and leasing of its projects; (d) to acquire by purchase, lease, gift, or otherwise, and to construct any real and personal property desired to be acquired or constructed as part of any project and to improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (e) to hold, sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, any real and personal property and any interest therein, and grant options for any such purposes; (f) to mortgage, pledge, or assign any revenues, income, tolls, charges, and fees received by the Authority; (g) to appoint and select officers and retain agents, engineers, architects, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (h) to construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the Authority and to pay all or part of the costs of any such project from the proceeds of revenue bonds of the Authority or from any contributions, loans, and grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Authority is hereby authorized to receive, accept, and use; (i) to acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property and rights and easements therein and franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to rent, lease, or make contracts with respect to the use

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of or disposition of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. The Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided herein, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired as provided herein upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (j) To accept, receive, and administer gifts, grants, loans, and devises of money, material, and property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (k) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (l) To exercise all powers usually possessed by private corporations performing similar functions, which are not in conflict with the Constitution and laws of this State; and (m) pursuant to proper resolution of the Authority, to issue revenue bonds payable from the revenues of the Authority and its projects to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either negotiable, coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form, without coupons, payable to a designated payee or to the registered assigns of the payee with such

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conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of refunding, as hereinafter provided, any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, Ga. L. 1937, p. 761, as amended, codified, in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I. Ga. L. 1958, p. 689, codified in Ga. Code Ann., 87-119. As security for the payment of any revenue 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 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 any agreement or indenture entered into in connection therewith. Any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. 5. Credit Not Pledge and Debt Not Created by Bonds . Revenue bonds issued under the provisions hereof shall not constitute a debt or a pledge of the faith and credit of the State of Georgia, the City of Statesboro, or Bulloch County, or of any other city, county, or other political subdivision of the State, but such bonds shall be payable from the rentals, revenues, earnings, and funds of the Authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any city, county, or political subdivision

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thereof to levy or pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any city, or county thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or quitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. 6. Trust Agreement . In the discretion of the Authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the Authority. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce the collection of any rents, fees, charges, or revenues for the use of the project or projects necessary to pay all costs of operation or reserves provided for, the principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies

Page 1010

of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. 7. Refunding Bonds . The Authority is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding, and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds. 8. Venue of Actions, Jurisdiction . Any action to protect or enforce any rights under the provisions hereof or any action against the Authority brought in the courts of the State of Georgia, shall be brought in the Superior Court of Bulloch County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions. 9. Revenue Bond Validation . All bonds of the Authority shall be confirmed and validated in the Superior Court of Bulloch County in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority, and the defendant shall be required to show cause, if any exists, why such bonds and the security therefor should not be validated. Notice of the validation hearing shall be published by the Clerk of the Superior Court of Bulloch County in which court such validation proceedings shall be initiated. Any resident of the State of Georgia may intervene in the validation proceeding by filing an action or proceeding for such purpose prior to the

Page 1011

entry of the judgment of the court validating such bonds and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such resolution and trust agreement on his own behalf and on behalf of all citizens and residents of the State of Georgia. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts related thereto shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action of proceeding commenced and filed prior to the entry of the decree validating such bonds, and if no exception, appeal or notice of appeal to or from the decree validating such bonds is filed within thirty days from the date upon which such decree is entered, or if filed and the judgment shall be affirmed by the proper appellate court of this state, such decree shall be final and no appeal may be taken therefrom and shall be forever conclusive upon the issue of the validity of such contracts and bonds and the security therefor and of such resolution and trust agreement against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia. 10. Interest of Bondholders Protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency, or authority shall be created which will compete with the Authority so as to affect adversely the interest and rights of the holders of such bonds nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

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11. Revenues, Earnings, Rents, and Charges; Use . (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority: (i) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for; (ii) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (iii) To comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (iv) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (v) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds; (vi) To pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal fees.

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(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable; (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction; (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises; (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce performance by any legal or equitable process against the tenants or lessees; (f) The Authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds; (g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.

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12. Sinking Fund . The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. 13. Exemption From Taxation . The exercise of the powers conferred upon the Authority hereunder shall constitute an essential governmental function for a public purpose, and the Authority shall be required to pay no 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 and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.

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14. Property Not Subject To Levy And Sale . The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the Authority, and any such property, revenue, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. 15. Trust Funds . All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority. 16. Construction . This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwithstanding any other provision of this constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes. 17. Effective Date . This amendment shall be effective immediately upon proclamation of its ratification by the Governor. 18. General Assembly . 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 enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of Bulloch County, Georgia, as the same now or may hereafter exist, and the General Assembly shall have the power to authorize the City of Statesboro and Bulloch

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County, or either of them to levy taxes for the purpose of aiding the Authority. 19. Conveyance of Property Upon Dissolution . Should said Authority for any reason be dissolved after full payment of all bonded indebtedness hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Bulloch County or to the City of Statesboro, or both, in such manner as may be agreed upon by the City of Statesboro and Bulloch County, or title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any mortgages, liens, leases, options to purchase, or other encumbrances outstanding against or in respect to said property at that time. 20. Purpose . 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 Bulloch County and reducing unemployment by assisting, promoting, developing, and establishing new industries and assisting, promoting, and expanding existing industries. Section II. 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 the State 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 Statesboro and Bulloch County Development Authority and to provide

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for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof? All persons desiring to vote in favor of 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 the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result to the Governor who shall issue his proclamation thereon. BARROW COUNTY SCHOOL SYSTEM. Proposed Amendment to the Constitution. No. 121 (House Resolution No. 272-578). A Resolution. Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; 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 to the end thereof the following:

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Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the territorial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such provisions are in conflict with this amendment or laws enacted pursuant to the authority of said amendment. For the purposes of this provision, the Auburn School District which shall hereafter be referred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be referred to and known as the Holsenbeck School Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County School System. The General Assembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.

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There is hereby created a Board of Education of the Barrow County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Bethlehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school area is decreased, enlarged or redefined so that such area does not include the residence of the member representing such area, such member shall nevertheless represent such area until the expiration of his term of office. At its first meeting, the members of the Board shall elect one of their number to serve as Chairman and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board. The independent school system of the City of Winder and the Board of Education thereof and the existing School District in the County of Barrow outside the corporate limits of the City of Winder and the Board of

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Education thereof shall continue to exist until July 1, 1967, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1, 1967 the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the successors to such abolished School Systems and Boards of Education 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 or laws enacted pursuant to the authority of said amendment. There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System. Not later than ten days after the ratification of this amendment it shall be the duty of the Ordinary of Barrow County to issue the call for an election for the purpose of electing the School Superintendent of the Barrow County School System. The Ordinary shall set January 25, 1967 as the date of such election. The Ordinary shall cause the date and purpose of such election and a brief description of the procedure connected therewith to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Barrow County. The School Superintendent elected at such election shall take office July 1, 1967 for a term of two years and until his successor is duly selected or appointed and qualified. Thereafter, the successors to the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. The School Superintendent shall be appointed for a term of not less than one year and shall receive such salary and other compensation as the Board may determine. The School Superintendents of the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder shall continue to serve

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as such and the offices of each shall continue to exist until July 1, 1967 at which time the offices of each, and the terms of offices of each such Superintendent, shall stand abolished. On July 1, 1967 the School Superintendent of the Barrow County School System created herein shall assume the duties of his office and shall be the successor to such Superintendents. Said Superintendent 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 or laws enacted pursuant to the authority of said amendment. In the event the person who is elected as School Superintendent of the Barrow County School System at the special election to be held on January 25, 1967 as herein provided should die, become disqualified or for any reason be unable to assume the duties of his office prior to the time that such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System for a term of two years commencing on July 1, 1967. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In the case of a vacancy in the Office of School Superintendent of the Barrow County School System for any cause prior to July 1, 1969, the Board of Education of Barrow County shall appoint the successor School Superintendent for the unexpired term. The governing authority of Barrow County is hereby authorized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System. The General Assembly shall be authorized to provide by law for all matters relative to the Barrow County

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School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System. The governing authorities of the City of Winder and of Barrow County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments as to perform such duties as are necessary to effectuate the provisions herein. The General Assembly shall be authorized to provide by law appropriate provisions relative to existing contracts, payment of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1967; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of members of the Board of Education, appointment by said Board of the school superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant thereto. The General Assembly is hereby authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment. The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwithstanding any other provisions of this Constitution or any general or special laws of the State of Georgia. Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein

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provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System. The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem necessary from June 15, 1967 until July 1, 1967, for the purposes of electing a Chairman of said Board, and to effectuate an orderly transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow County School System shall be called by the School Superintendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder. 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 Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one

Page 1024

school district; to create a Board of Education of said System and to provide for a School Superintendent of said System? 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 results to the Governor, who shall issue his proclamation thereon. DEPARTMENT OF INDUSTRY AND TRADEPOWERS. Proposed Amendment to the Constitution. No. 122 (Senate Resolution No. 27). A Resolution. Proposing an amendment to the Constitution, so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V of Section X of the Constitution is hereby amended by adding at the end of Section X a new Paragraph to be numbered Paragraph II and to read as follows: Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board

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of Commissioners and the Department of Industry and Trade, the Board of Commissioners shall be authorized to participate with any county, municipality, non-profit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state, notwithstanding any other provisions of this Constitution to the contrary. 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 Department of Industry and Trade to participate in the operation of certain facilities for the promotion of tourism in the State of Georgia? 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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AREA SCHOOL DISTRICTS. Proposed Amendment to the Constitution. No. 123 (Senate Resolution No. 38). A Resolution. Proposing an amendment to the Constitution of Georgia, so as to authorize the General Assembly to provide for consolidation or merger of county school districts and independent school systems into area school districts by local referendum; to provide for establishment of area boards of education, area school superintendents, organization, management and support of area school districts, and for changes therein by local referendum; to authorize boards of education of county, independent and area school districts to enter into contracts respecting certain matters, and to expend school tax funds for public education purposes; to authorize establishment of area schools, including special schools by local law and by local referendum, and to provide for organization, management and support of same and preservation of existing special schools heretofore established; to provide for submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII of the Constitution of Georgia is hereby amended by striking Section IX in its entirety and substituting in lieu thereof a new Section IX to read as follows: Section IX . Paragraph I. Area School Districts; Area Boards of Education; Area School Superintendents .The boards of education of any two or more counties, or independent school systems, or any combination thereof, may, by special or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof,

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into a single area school district under the control and management of an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be an area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education and area school superintendents shall have such powers, duties and further qualifications as provided by law. Paragraph II. Power of Boards to Contract With Each Other .Any two or more county boards of education,

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independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education and transportation of pupils and for such other activities as they may be authorized by law to perform. Section 2. Article VIII of the Constitution of Georgia is hereby amended by striking Section XII in its entirety and substituting in lieu thereof a new Section XII to read as follows: Section XII . Paragraph I. Local Taxation for Education .The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified to it by the county board of education, upon the assessed value of all taxable property within the county located outside any independent school system or area school district therein. The independent school system of Chatham County and the City of Savannah being co-extensive with said county, the levy of said tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such amount and within such limits as may be prescribed by local law applicable thereto, and upon such certification being made it shall be the duty of such fiscal authorities to levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School tax funds shall be expended only for the support and maintenance of public schools, public education, and activities necessary of incidental thereto, including school lunch purposes. Paragraph II. Increasing or Removing Tax Rate .The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure

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set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to the ordinary or to the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution, to issue the call of an election to determine whether such limitation shall be removed. The election shall be set to be held on a date not less than twenty not more than thirty days from the date of the issuance of the call and shall have the date and purpose of the election published in the official organ of the county once a week for two weeks preceding the date of the election. If a majority of the electors qualified to vote for members of the General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising an area school district and the county or area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be the same as for removal and if the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be the duty of the ordinary or the proper authorities, as the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by the county or by the territories comprising an area school district, as the case may be. Section 3. Article VII, Section VI, Paragraph I of the Constitution of Georgia is hereby amended by striking in its entirety Subparagraph (d) and inserting in lieu thereof a new Subparagraph (d) to read as follows: Subparagraph (d). Special Schools; Creation; Taxes and Bonds .The board of education of any county, area

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school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivisions shall be authorized to incur bonded indebtedness to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to the adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, Paragraph I of the Constitution shall not be affected by this amendment, any political subdivision which established such a school is hereby authorized to levy taxes for the support of such school regardless of whether it is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article VII, Section VII of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to

Page 1031

expend funds for the support of such established schools in such amount and manner as may be provided by law. Section 4. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and 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 establishment of areas schools and area school districts by local referendum including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, and for their organization, management, financing; and to authorize contracts between boards of education and expenditure of school tax funds for public education purposes; and to preserve special schools heretofore established? 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 COUNTY BOARD OF EDUCATIONCOMPENSATION OF MEMBERS. Proposed Amendment to the Constitution. No. 124 (Senate Resolution No. 47). A Resolution. Proposing an amendment to the Constitution so as to change the compensation of the members of the Board of Education 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. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking from that paragraph of said Paragraph I which reads as follows: At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest number of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year., the following sentence: Each member of the Board shall be compensated in the amount of fifty ($50.00) dollars per month.,

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and substituting in lieu thereof the following: Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law., so that when so amended said paragraph shall read as follows: At the General Election in 1964 at which county officers are elected, the seven members of the County Board of Education shall be elected. The person from each district receiving the highest number of votes shall be the member of the Board from that district. The persons elected in 1964 shall take office January 1, 1965, for four-year terms and until their successors are elected and qualified. Successors to these members and all future members shall be elected at the same time each four years as county officers are elected, and, likewise, shall take office on the first day of January immediately following their election and, likewise, shall serve for terms of four years and until their successors are elected and qualified. Each member of the Board of Education of Cobb County shall be compensated in the amount of two hundred dollars ($200.00) per month or such other sum as the General Assembly shall provide by law. At the first meeting held by the Board in each year, the members shall elect a Chairman and a Vice-Chairman who shall serve for that year. 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 change the compensation of the members of the Board of Education of Cobb 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. ELBERT COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 125 (House Resolution No. 42-55). A Resolution. Proposing an amendment to the Constitution so as to create the Elbert County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Elbert County in the State of Georgia to be known

Page 1035

as the Elbert County Development Authority, which shall be an instrumentality of Elbert County and a public corporation and which in this amendment is hereafter referred to as the `Authority'. Created. B. The Authority shall consist of five (5) members who shall be appointed as hereinafter provided. The governing authority of Elbert County shall appoint two (2) members to the Authority, the governing authority of the City of Elberton shall appoint two (2) members to the Authority and the governing authority of the City of Bowman shall appoint one (1) member to the Authority. The first members appointed to the Authority by Elbert County shall be for terms of office of one (1) and four (4) years, respectively. The first members appointed to the Authority by the City of Elberton shall be for terms of office of two (2) and three (3) years, respectively. The first member appointed to the Authority by the City of Bowman shall be for a term of office of five (5) years. Thereafter, the successors to the initial members appointed to the board shall be appointed by the respective governing authority making the original appointment for terms of office of five (5) years and until their successors are duly appointed and qualified. Vacancies in the membership of the Authority shall be filled by the governing authority which made the appointment in which the vacancy occurs. 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 governing authority of any of the appointing authorities 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 Elbert County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include

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exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include but shall not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings, and real and personal property of all kinds within Elbert 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 Elbert 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 bonds or obligations 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 bonds and validation of same insofar as such pertain to the corporate purposes of the Authority; (6) To contract with Elbert 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;

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(7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities of Elbert County, and to make long-range plans therefor, 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 Elbert 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 governing authority of Elbert 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;

Page 1038

(11) To designate officers to sign and act for the Authority generally or in any specific matter; (12) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Elbert County, any municipality located therein, nor the State of Georgia; Debt. F. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractual obligation of the Authority; Tort liability, etc. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the governing authorities of Elbert County, The City of Elberton and the City of Bowman, but such compensation shall be paid from the funds of the Authority; Compensation. H. The governing authority of Elbert 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, including the use of such tax monies to meet debt service requirement for any bonds issued by the Authority, and all funds raised by such tax shall be paid and appropriated by Elbert 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

Page 1039

addition to all other taxes authorized by law. Said County and Authority are hereby expressly granted the right and authority to enter into contracts pertaining to the levy of said tax and the uses thereof, as authorized hereunder and under Article VII, Section VI, Paragraph I of this Constitution; Funds. I. Elbert County, the City of Elberton and the City of Bowman are authorized to appropriate to the Authority such amount from their funds each year as each respective governing authority shall determine to be appropriate, but not exceeding twenty per cent of their total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; Same. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Property. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Elbert County and its citizens, industry, agriculture, trade, commerce and recreation within Elbert County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Elbert 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 Elbert County, and the scope of its

Page 1040

operations shall be limited to the territory embraced within Elbert County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Elbert County; General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created by the Authority shall be a debt of Elbert County, the City of Elberton, or the City of Bowman, nor the State of Georgia; Debt. N. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Elbert County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. As used herein, the following words and terms 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 Elbert 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

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financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof; cost of retiring, refinancing or refunding any outstanding debt or other obligation of any nature incurred by the Authority in connection with any project, as well as any debt or other obligation of an industrial development corporation heretofore or hereafter incurred in connection with any industrial or commercial development undertaking in Elbert County. P. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The Ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Elbert 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.

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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. BLECKLEY-COCHRAN INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 126 (House Resolution No. 319-719). A Resolution. Proposing an amendment to the Constitution so as to create the Bleckley-Cochran Industrial Development Authority; to provide for powers, authority, 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 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 of Bleckley County to be known as the Bleckley-Cochran Industrial Development Authority which shall be an instrumentality of Bleckley County and the City of Cochran and a public corporation and which in this amendment is hereinafter referred to as the `Authority'. Created. B. The Authority shall consist of the Commissioner of Roads and Revenues of Bleckley County, the Mayor of the City of Cochran, the President of the Cochran-Bleckley Development Corporation, the President of the Cochran-Bleckley Industrial Park, the chief executive officer

Page 1043

of the State Bank of Cochran, the chief executive officer of the Cook Banking Company, the President of the Bleckley County Farm Bureau, one member to be appointed by the Commissioner of Roads and Revenues of Bleckley County and one member to be appointed by the Mayor of the City of Cochran. All members, except those appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall hold office as members of the Authority concurrent with their respective terms of office in the position designated herein. The appointed members shall serve for a term of two (2) years each and until their successors are appointed and qualified. Vacancies for unexpired terms of appointed members shall be filled by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran in the same manner as appointments. The appointed members shall be eligible for reappointment. A majority of the members of the Authority shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power and authority to act. Any vacancies except those of the members appointed by the Commissioner of Roads and Revenues of Bleckley County and the Mayor of the City of Cochran, shall be filled by a majority of the remaining members. 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 Bleckley County and the City of Cochran. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. D. The powers of the Authority shall include, but not limited to, the power: (1) To receive and administer gifts, grants and donations and to administer trusts; Powers. (2) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures,

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and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (3) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (4) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (5) To encourage and promote the expansion and development of industrial and commercial facilities in Bleckley County and the City of Cochran, and to that end to acquire by purchase or gift any building or structure within aforesaid territorial limits suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building; (6) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which

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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, Bleckley County or the City of Cochran. F. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. G. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, Ga. Code Ann. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such

Page 1046

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 Bleckley County or the City of Cochran to pay any of the said obligations of said Authority. Bonds. H. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. I. No bonds except refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment within the territorial limits herein designated. 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 Bleckley County and the City of Cochran subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Bleckley County and the City of Cochran 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.

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M. This amendment shall be effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. The Authority shall be an instrumentality of Bleckley County and the City of Cochran and the scope of its operations shall be limited to the territory embraced within said county and city. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond such limits. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide for the Bleckley-Cochran 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

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members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. COMPENSATION FOR INJURIES, ETC. SUSTAINED IN PREVENTING CRIME, ETC. Proposed Amendment to the Constitution. No. 127 (House Resolution No. 149-304). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows: Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The

Page 1049

General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to provile by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal? 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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CITY OF ATHENS-CLARKE COUNTY CHARTER COMMISSION. Proposed Amendment to the Constitution. No. 129 (House Resolution No. 232-494). A Resolution. Proposing a constitutional amendment so as to authorize the General Assembly to provide by local Act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the mayor and council of the City of Athens and Clarke County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Clarke County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Clarke County for approval or rejection in such manner as the General Assembly shall provide by said local Act; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following: Any other provision of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by local act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Clarke County which single government shall supersede and replace the existing governments of the Mayor and Council of the City of Athens, hereinafter referred to as the City of Athens, and Clarke County and may also supersede and replace any public authorities and special service districts located and operating within Clarke County. Authority to create.

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Said local act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Clarke County for approval or rejection in such manner as the General Assembly shall provide by said local act. Same. To carry out the purposes of this amendment, the General Assembly is hereby expressly authorized to delegate its powers by said local act to said Charter Commission and may authorize said Commission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to provide by said local act that said Charter Commission may draft a proposed charter which would provide for any one or more of the following: Intent. 1. For the abolishment of the existing governments of the City of Athens and Clarke County and for the creation of a new single government having all powers formerly exercised by the City of Athens and Clarke County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide. Powers. 2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs. 3. For the abolishment of any city and county courts, juvenile courts, and any other courts including courts

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created in lieu of constitutional courts, presently existing in the City of Athens and Clarke County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdiction and powers of the former courts in such manner as said charter shall provide. 4. For the abolishment of any public authorities and special service districts located within Clarke County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall provide. 5. For the abolishment of any one or more public offices including coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Athens and Clarke County, and any public authorities or special service districts located and operating within Clarke County. 6. For the creation of the governing authority of the single county-wide government including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. 7. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or incidental thereto. 8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any

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such new governing authority so created may vary from district to district. 9. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law. 10. For the transfer to said county-wide government of assets, contracts and franchises of all governmental units, and any public authorities and special service districts which have consolidated or merged with said county-wide government. 11. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof. 12. For the method or methods by which said charter may be amended. Said local act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Commission shall be shared by the City of Athens and Clarke County in such manner as the General Assembly shall provide by said local act, and the governing authority of the City of Athens and the governing authority of Clarke County are hereby authorized to expend public funds for such purposes. Members, etc. Nothing herein shall be construed so as to authorize the General Assembly or any Charter Commission created pursuant to any local act passed by the General Assembly in pursuance of this amendment to: Limitations. 1. After the status of the Clarke County School District or any constitutional provision by which such named agency was authorized or preserved.

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2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment. 3. Abolish the office of sheriff. 4. Affect the status of any incorporated municipality located within Clarke County other than the City of Athens and the status or relationship that such incorporated municipalities bear to Clarke County and the City of Athens prior to the adoption of this amendment shall continue to the same extent with any newly created county-wide governing authority that may be created under the provisions of this amendment. 5. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution. Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to the school district, office of sheriff, civil service and pension rights, incorporated municipalities and homestead exemptions which existed prior to the adoption of this paragraph. Intent. The powers herein granted to the General Assembly: 1. Are remedial and shall be liberally construed to effectuate their purpose. 2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law. 3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may determine. 4. Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds

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of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the Mayor and Council of the City of Athens and Clarke County and for the establishment of successor government with powers and jurisdiction throughout the territorial limits of Clarke County and to draft a proposed charter to create such successor government, which proposed charter shall be submitted to the voters of Clarke County for approval or rejection in such manner as the General Assembly shall provide by said local act? 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. Approved March 4, 1966.

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GORDON COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 130 (House Resolution No. 154-321.) A Resolution. Proposing an amendment to the Constitution so as to create the Gordon County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article V, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: There is hereby created a body corporate and politic to be known as the `Gordon County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the corporate limits of Gordon County. The County may contract with the Authority as a public corporation as provided by the Constitution of Georgia. Created. The members of the Authority, their qualifications, terms and method of election or appointment, shall be prescribed by law by the General Assembly. The Authority shall have such duties, powers, and authority as shall be prescribed by law and the General Assembly may pass all other necessary legislation for the implementation of this amendment. Members, etc. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempted from State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. Taxes.

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The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of Gordon County. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Same. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or Gordon County. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. No building or facility hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the day of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Powers. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon,

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such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as create the Gordon 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. Approved March 4, 1966. LUMPKIN COUNTYAPPOINTMENT OF SCHOOL SUPERINTENDENT. Proposed Amendment to the Constitution. No. 133 (Senate Resolution No. 67). A Resolution. Proposing an amendment to the Constitution so as to provide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The county school superintendent of Lumpkin County shall be appointed by the board of education of Lumpkin County and he shall serve at the pleasure of the board. The county school superintendent serving at the time of the ratification of this amendment shall continue to serve for the term of office for which he was elected and until his successor is duly appointed and qualified. All constitutional and statutory provisions relating to county school superintendents shall be applicable to the county school superintendent of Lumpkin County unless they shall conflict with the provisions of this paragraph. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide for the appointment of the county school superintendent of Lumpkin County by the board of education of Lumpkin 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 to the Governor, who shall issue his proclamation thereon. Approved March 4, 1966. MORGAN COUNTYMEMBERS OF BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 134 (House Resolution No. 76-124). A Resolution. Proposing an amendment to the Constitution so as to provide for an additional two members of the Board of Education of Morgan County; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph: The Board of Education of Morgan County shall be composed of seven members. The present members of the Board, serving at the time of the ratification of this amendment, shall continue to serve out the terms to which they were appointed and their successors shall be selected as provided for above. The additional members of the Board provided by this amendment shall be selected in the manner provided for above by the first Grand

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Jury of Morgan County which convenes after the ratification of this amendment. One of the additional members shall be appointed for an initial term of office of five years and until his successor is selected and qualified and one member shall be appointed for an initial term of office for four years and until his successor is selected and qualified. Thereafter the successors to the initial appointments of the additional members of the Board shall be selected for terms of office of five years and until their successors are selected and qualified. 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 add two additional members to the Board of Education of Morgan 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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GWINNETT COUNTYPOWER OF CLERK OF SUPERIOR COURT TO ISSUE CRIMINAL WARRANTS. Proposed Amendment to the Constitution. No. 135 (House Resolution No. 345-770). A Resolution. Proposing an amendment to the Constitution so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants; to provide for the submission of this amendment for ratification or rejection; to provide an effective date; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article XI, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: Beginning on January 1, 1969, the Clerk of the Superior Court of Gwinnett County is hereby empowered to issue criminal warrants in the same manner and under the same procedure as that provided for justices of the peace, and any warrant so issued by the Clerk shall be returnable to any judicial officer of this State. For issuing each such warrant the Clerk shall collect the same fee therefor as that provided for the issuance of such warrants by justices of the peace and all such fees shall be held by the Clerk of the Superior Court for Gwinnett County and shall be the property of Gwinnett County. Such fees shall be turned over to the proper authority of Gwinnett County in the same manner as other fees collected by the Clerk. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon,

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such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to empower the Clerk of the Superior Court of Gwinnett County to issue criminal warrants? 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. CHATTAHOOCHEE COUNTYBUSINESS LICENSES. Proposed Amendment to the Constitution. No. 136 (House Resolution No. 250-529). A Resolution. Proposing an amendment to the Constitution so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chattahoochee County outside the limits of any incorporated municipality; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: The governing authority of Chattahoochee County is hereby authorized to fix, levy and assess license fees or taxes on all persons, firms and corporations maintaining a place or places of business in the area of Chattahoochee County, Georgia outside the incorporated limits of any municipality located therein except those businesses which are subject to regulation by the State Public Service Commission and to classify all such persons, firms and corporations according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees or taxes against different classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said governing authority. The governing authority shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions for the purposes of protecting and preserving the health, safety, welfare and morals of the citizens of said county. Payment of said license fees or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said governing authority shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under the provisions of this Act to give a bond payable to Chattahoochee County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by said governing authority but not to exceed

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the sum of $5,000.00. Such license fees or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. Any person, firm or corporation who shall violate any license regulation adopted by the governing authority of Chattahoochee County or who shall fail to pay any license fee or tax prescribed for any business under the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to authorize the governing authority of Chattahoochee County to assess and collect license fees and taxes upon businesses located in Chattahoochee County outside the limits of any incorporated municipality? 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. POWERS OF COUNTY GOVERNMENTS. Proposed Amendment to the Constitution. No. 137 (House Resolution No. 298-698). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to the powers of county governments; to preserve existing constitutional amendments; 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: 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

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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. 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

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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. 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.

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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. Paragraph VI . The powers and authority granted by this amendment shall be cumulative of all powers and authority heretofore granted to counties and shall not operate to repeal any existing local constitutional amendments. Same. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: 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 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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EMINENT DOMAINTAKING, DAMAGING, ETC. PRIVATE PROPERTY ADJACENT TO CERTAIN HIGHWAYS, ETC. Proposed Amendment to the Constitution. No. 154 (Senate Resolution No. 25). A Resolution. Proposing an amendment to the Constitution so as to enable the State of Georgia and its Highway Department to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the Control of Outdoor Advertising , on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such Public Law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the Control of Junk Yards , on such Interstate and Primary System of Federal-Aid Highways, and provided that Federal funds available to the States for Highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a Landscaping and Scenic Enhancement , and which amendment and revision of said Section provided for a bonus of 3 percent of Federal Funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; to provide that this amendment shall be restricted to those highways of the State-Aid Road System, which are designated as parts of the Interstate of Primary Federal-Aid Road Systems and which are constructed either in whole or in part with monies received by the State from the Highway Trust Fund, controlled by the Secretary of Commerce of the United States, and the United States Bureau

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of Public Roads; 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 I, Section II, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new subparagraph to be known as Subparagraph (A) and to read as follows: (A) In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S. 2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so as to provide for the Control of Outdoor Advertising on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the Control of Junk Yards , on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a Landscaping and Scenic Enhancement , and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the provisions of said described Act of the Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the State Highway Department of Georgia, is hereby authorized to acquire, either by negotiation or through the exercise of the Power

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of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any bill-boards or other outdoor advertising which may exist upon such property at the time of the ratification of this amendment, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this amendment shall not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotiation with the owner thereof. The State, acting by and through the State Highway Department of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-aid road, which is a part of the Federal Interstate or Primary System of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Highway Board of Georgia is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Director of the State Highway Department finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with sub-paragraph (h) of

Page 1073

Title II of said Public Law, the owner of such described junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this amendment, under such described circumstances, shall not be applicable except that the State Highway Department shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further exception that where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Director of the State Highway Department, showing the facts of such refusal. The necessity for such acquisition, as set forth in the preceding paragraphs of this Section, as a part of that portion of the State-Aid System of Public Roads, which are also a part of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government. The General Assembly shall have full authority to zone property within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid Road, which is also a part of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in compliance with the provisions of said Public Law of the United States Congress. The General Assembly shall have full authority to enact such legislation as will enable this State, acting by and through the State Highway Department of Georgia,

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to fully comply with Title III of said described Public Law, and in respect to Landscaping and Scenic Enhancement; and in such manner as to enable this State to take advantage of the bonus payment to the State from the Federal Government, as provided for in said Title. 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 payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money? 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

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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. CHEROKEE COUNTY BOARD OF EDUCATION. Proposed Amendment to the Constitution. No. 155 (Senate Resolution No. 39). A Resolution. Proposing an amendment to the Constitution so as to change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment, creating the Cherokee County School System, and ratified at the general election held on November 6, 1956, and as set forth in Georgia Laws 1956, at page 133, is hereby amended by adding at the end of the eighth paragraph of the amendment, as set forth in Georgia Laws 1956, at page 133, the following: The ordinary shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days before the date of such election and shall cause the date and purpose of such election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee County Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10)

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nor more than thirty (30) days before the election for members of the board., so that when so amended, said eighth paragraph shall read as follows: Within fifteen days after the ratification of this amendment, it shall be the duty of the Ordinary of Cherokee County to issue the call for an election to be held within the school districts, as herein provided, to elect members of the board. Such election shall be held not less than ten (10) nor more than twenty (20) days after the issuance of the call, and the members elected shall enter upon the duties of their office. Thereafter, the election of a successor to the member whose term expires that year shall be held on the Tuesday after the first Monday in November and he shall take office on January 1 following election. The General Assembly is hereby authorized to change the election day herein provided. The ordinary shall issue the call for any such election not less than twenty (20) nor more than thirty (30) days before the date of such election and shall cause the date and purpose of such election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. Any person wishing to offer as a candidate for the Cherokee County Board of Education shall specify the District for which he wishes to run and shall qualify not less than ten (10) nor more than thirty (30) days before the election for members of the board. Section 2. Said amendment, as set forth in Georgia Laws 1956 at page 133, is further amended by striking the tenth paragraph which reads as follows: Vacancies on said board shall be filled by the remaining members of the board, except that the grand jury shall appoint the member for a district for a full term in the event no freeholder in that district qualifies for election for a full term. Any member so appointed shall be a freeholder and a resident of the district that he represents.,

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in its entirety and substituting in lieu thereof a new paragraph to read as follows: Vacancies on said board shall be filled for the unexpired term by the remaining members of the board provided such vacancy occurs within one year of the next general election. If such vacancy occurs more than one year from the next general election, an election shall be called to fill such vacancy for the unexpired term. Such election shall be called and held, and the candidates for such vacancy shall qualify, in accordance with the provisions herein relating to election for members of the board. In the event no freeholder in a district qualifies for election as a member of the board for a full term or to fill a vacancy, as the case may be, the grand jury shall appoint a member from such district for a full term or to fill the vacancy as the case may be. 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 change the provisions relating to elections for the members of the Cherokee County Board of Education and to change the provisions relating to the filling of vacancies on the Cherokee County Board of Education? 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. APPROPRIATIONS TO OBTAIN FUNDS FROM FEDERAL GOVERNMENT. Proposed Amendment to the Constitution. No. 156 (Senate Resolution No. 74). A Resolution. Proposing an amendment to the Constitution so as to authorize the General Assembly to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding a new paragraph immediately following the paragraph relating to the State Scholarship Commission, to read as follows: The General Assembly is hereby authorized to appropriate funds to any State department or other State

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agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available. 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 General Assembly to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available? 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

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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. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE. Proposed Amendment to the Constitution. No. 157 (Senate Resolution No. 11). A Resolution. Proposing an amendment to the Constitution of 1945, as heretofore amended, and more particularly Article VII, Section II, Paragraph I thereof, to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercisied and its public funds expended, provided, however, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly; to provide for the submission of this proposed amendment to the people for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. The Constitution of the State of Georgia, as heretofore amended, is hereby further amended by adding an additional item to Paragraph I of Section II of Article VII to be numbered item 10 and to read as follows: 10. Public transportation of passengers for hire is an essential governmental function and a public purpose for which the power of taxation of the State may be exercised and its public funds expended, provided, however,

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that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized to provide for the implementation of this provision including the granting of public funds to any public corporation or authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of State government, with any such public corporation or authority established by the General Assembly for performance of the aforesaid function and purpose. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to declare public transportation of passengers for hire to be an essential governmental function and a public purpose for which the power of taxation of this State may be exercised and its public funds expended? 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

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of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Approved March 10, 1966. REPAYMENT OF MEDICAL LOANS AND SCHOLARSHIPS. Proposed Amendment to the Constitution. No. 162 (House Resolution No. 24-44). A Resolution. Proposing an amendment to the Constitution so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section I, Paragraph II of the Constitution, as amended by an amendment ratified at the General Election in 1952 (Ga. L. 1951, p. 861), an amendment ratified at the General Election in 1960 (Ga. L. 1960, p. 1300), an amendment ratified at the General Election in 1962 (Ga. L. 1962, p. 1039), and an amendment ratified at the General Election in 1964 (Ga. L. 1964, p. 944), is hereby amended by striking from the eighth paragraph of that portion of Paragraph II added by the 1952 amendment and amended by the 1960, 1962 and 1964 amendments as follows: One fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each

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year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received., and inserting in lieu thereof the following: One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received.,

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so that when so amended said eighth paragraph of Paragraph II shall read as follows: Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00, same to be paid at such time and in such manner as may be determined by the Board. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the board. The said loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One-fifth of the loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 5,000 population or less, according to the United States Decennial Census of 1960 or any future such decennial census, or at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections, and no

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annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice at Milledgeville State Hospital, Gracewood State School and Hospital, or at any facility operated by or under the jurisdiction of the State Department of Public Health or at any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice at any time. In the event an applicant has repaid any part of such loan or scholarship for which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State as herein provided, but not before the said applicant shall be privileged, entirely at the discretion of the board heretofore created to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to provide that service at Gracewood State School and Hospital or at any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service for the repayment of medical loans and scholarships and that such service shall be retroactive?

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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. Approved March 10, 1966. CITY OF JASPER INDUSTRIAL DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 172 (Senate Resolution No. 79). A Resolution. Proposing an amendment to the Constitution so as to create the City of Jasper Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section VII, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new Paragraph which shall read as follows: A. There is hereby created a body corporate and politic in the City of Jasper, Georgia, to be known as the

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City of Jasper Industrial Development Authority, which shall be an instrumentality of the State of Georgia 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 to be elected by the Mayor and Council of the City of Jasper, Georgia, for initial terms of two, four and six years, and thereafter for staggered terms of six years. At the time of election of the first members, the governing body of the municipality shall elect two members for a two year term, two members for a four year term, and three members for a six year term, and thereafter the terms of all members shall be six years. In the event a vacancy occurs for any reason, the Mayor and Council of the City of Jasper, Georgia, shall immediately elect a person to fill such vacancy for the unexpired term. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of a majority of a quorum present of the membership of the Authority. The Authority shall have power to elect their own Chairman, Assistant Chairman and Secretary from its membership. No member of the governing body of the City of Jasper, Georgia, may be a member of said Authority and only residents of the City of Jasper, Georgia, shall be eligible members for said Authority. Members, etc. C. The power of the Authority shall include but not be limited to, the power; 1. To sue and be sued; to receive and administer gifts, grants and donations and administer trusts; Powers. 2. To borrow money, to issue notes and revenue bonds, to execute trust agreements or indentures, and to sell, convey, lease, mortgage, pledge and assign any and all of its funds, property and income as security therefor; 3. To contract with the City of Jasper and with other political subdivisions of the State and with the State and with the United States Government or with any department or agency of either and with private persons and corporations.

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4. To exercise any power granted by the laws of the State of Georgia to any public or private corporation performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. 5. To encourage and promote the expansion and development of industrial and commercial facilities in the City of Jasper 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 said city suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and 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 or possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all 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 manner;

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9. To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated; 10. To appoint and select officers, agents and employees including engineers, architects, builders and attorneys, and to fix their compensation; 11. To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. D. The City of Jasper, Georgia, by and through the governing body thereof, is hereby authorized and empowered to levy a tax on all taxable property therein not to exceed five (5) mills for the purpose of establishing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Authority as herein set out, including but without limitation, the use of monies derived from such tax levy to meet debt service requirements for any bonds issued by the Authority, and the City and the Authority are authorized to enter into contracts pertaining to same in accordance herewith and as authorized by Article VII, Section VI, Paragraph I of the Constitution. Funds. E. The property obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property obligations and interest on the obligations of the City of Jasper. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. F. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds, debentures and revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority; such revenue bonds shall be issued and validated under

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and in accordance with the applicable provisions of the laws of Georgia, as though such bonds had originally been authorized to be issued under the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended. The judgment of validation shall be final, conclusive and forever incontestable as to the validity of the bonds and the security for the payment thereof, as well as all other matters, both substantive and procedural, relative to their issuance, and 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. Bonds. G. The Authority shall not be empowered or authorized in any manner to create any debt, liability or obligation against the State of Georgia, County of Pickens or City of Jasper, Georgia. Debts. H. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the City of Jasper, Georgia, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. I. This amendment, being for the purpose of developing and promoting the public good and the welfare of the City of Jasper, Georgia, and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. J. The provisions of this amendment are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. K. Any project of the Authority shall be restricted to or within the city limits of Jasper, Georgia. Powers. L. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within the City of Jasper and reducing

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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 take office within thirty (30) days after such proclamation. Effective dates. N. The General Assembly may by law further define and prescribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority. General Assembly. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the City of Jasper Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds? 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

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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. POLK SCHOOL DISTRICT. Proposed Amendment to the Constitution. No. 173 (Senate Resolution No. 66). A Resolution. Proposing an amendment to the Constitution so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown; 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 striking in its entirety the following language: All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the control and management of a County Board of Education. There shall be a Polk County Board of Education which shall consist of nine (9) members, who shall serve without compensation. The judge of the superior court of said county shall appoint the first board and three (3) of the members so appointed shall hold office for four years, three (3) for three (3) years, and three (3) for two (2) years. At the expiration of the terms of members of said board so appointed their successors shall be elected by the qualified voters of that portion of Polk County which is now or may hereafter be under the jurisdiction

Page 1093

of the Polk County Board of Education, and for a term of four years. The election for board members shall be held on the second Tuesday in December at an election held for the exclusive purpose of electing members of the Polk County Board of Education. All candidates for membership on the Polk County Board of Education shall register with the ordinary of said county at least ten days before the election. The ordinary shall provide for said election in the same manner and at the same places as regular election and declare the results and certify to the proper authorities the duly elected members of said board. The new Board of Education provided for in this amendment shall take office January 1, 1949, and the first election shall be held on the second Tuesday in December, 1950, and other elections shall be held on said date each year thereafter so that the terms of the membership shall remain staggered. One member of the County Board of Education shall be elected from each of the attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, Fite, and two members shall be elected from the elementary school attendance area of Rockmart. The membership of the Polk County Board of Education shall be enlarged to thirteen, if and when the independent school system of Cedartown merges with Polk County School System and the four additional members shall be elected from the territory of the city limits of Cedartown. All rights, powers, and duties now exercised by the county board of education and the district trustees are hereby vested in the Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation, or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the first election for members of the board as herein provided. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly. No publisher of school books or any agent for such publisher, or any person who shall have a pecuniary

Page 1094

interest in the sale of school books shall be eligible for election as a member of said board of education. Repealed. There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed County School Superintendent he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county school superintendents of the state, except that any legal requirement as to local residence shall not be applicable. From and after the ratification of this amendment the voters of Polk County shall no longer elect a County School Superintendent. That in addition to the tax of not less than five mills nor greater than fifteen mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems as provided for in Paragraph 1, Section 12, Article 8 of the Constitution, the fiscal authorities of Polk County shall levy a tax, for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two mills upon the dollar of all taxable property located in the County of Polk, when such additional two mill tax is recommended by the County Board of Education. All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the management and control of the county board of education which shall be the Polk County Board of Education, consisting of nine (9) members who shall serve without compensation. Upon ratification hereof by the qualified voters of this state, the judge of the superior court of said county shall appoint the first board as created herein and four (4) of the said members so appointed shall serve until December 31, 1954 and until their successors are duly elected and qualified; and five (5) of the said members so appointed shall serve until December 31, 1956 and until their successors are duly elected and qualified. Thereafter the terms of elected members shall be for four (4) years

Page 1095

from the date they take office. The successors to the aforesaid appointed members shall be elected in the year in which the terms of the aforesaid appointed members expire and at the same time and in the same manner and under the same rules and regulations as are members of the General Assembly of Georgia. Each of the school attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake, Fish, and Fite, shall be represented upon said board by a member thereof who was a resident of that school attendance area at the time of his appointment or election, however, the attendance area of Rockmart shall be represented by two such members, and each such member shall be a representative of the county at large and nothing herein contained shall be construed to limit the countywide powers of such members. The number of members of the Polk County Board of Education shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appointment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be represented on said board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the county at large and nothing contained herein shall

Page 1096

be construed to limit the countywide powers of such additional members. All rights, powers and duties exercised by the board of education hereby abolished are hereby vested in the new Polk County Board of Education. Should a vacancy occur on said board by reason of death, resignation or otherwise, the remaining members of the board shall by secret ballot elect a successor who shall hold office until the expiration of the term of his predecessor in office. No person shall be eligible to hold office as a member of the Polk County Board of Education who is not of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system and who is not a voter qualified to vote for the members of the General Assembly. No publisher of school books or any agent for such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election as a member of said board of education. There shall be a county school superintendent who shall be elected or appointed by the County Board of Education of Polk County. Before any person shall be elected or appointed county school superintendent, he shall have all of the qualifications which are now, or which may hereafter be prescribed by law for county superintendents of this state, except that any legal requirement as to local residence shall not be applicable. In addition to the tax of not less than five (5) mills nor greater than fifteen (15) mills, which the fiscal authority of the county is required to levy for the support and maintenance of education upon property located outside independent school systems, as provided in Paragraph I, Section XII, Article VIII of the Constitution, the fiscal authorities of Polk County shall levy a tax for the support and maintenance of schools under the jurisdiction of the Polk County Board of Education of two (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education.,

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and substituting in lieu thereof, the following: Effective at the time and in the manner provided hereinafter, there is hereby created the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown. There is hereby created the board of education of the Polk School District. Said board shall be composed of nine (9) members as follows: Two members shall be residents of the Rockmart school attendance area; one member shall be a resident of the Cedar Lake-Fite school attendance area; one member shall be a resident of the Brewster-Benedict school attendance area; one member shall be a resident of the Fish Creek-Antioch school attendance area; one member shall be a resident of the Aragon school attendance area; and three members shall be residents of the City of Cedartown. All members shall be elected by the voters of the entire county. For the purposes of this paragraph, the school attendance areas referred to herein shall be as presently set forth and delineated by a map which is on file in the office of the clerk of the superior court of Polk County at the time of the ratification of this amendment, and shall remain as set forth therein unless specifically provided otherwise by an Act of the General Assembly, relative to the Polk School District. Created, members, etc. The first members of the board of education of the Polk School District shall be elected in a special election held for that purpose on March 15, 1967. Members elected to the board in said election shall take office on July 1, 1967, and, except as hereinafter provided, they shall serve until December 31, 1970, and until their successors are duly elected and qualified. The two candidates who receive the highest number of votes from the Rockmart school attendance area shall be elected to the board. That candidate who receives the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the second highest number of votes from said area shall serve until December 31, 1968. The three candidates who receive the highest number of votes from the Cedartown school attendance area shall be

Page 1098

elected to the board. The two candidates who receive the highest number of votes from said area shall serve until December 31, 1970 and that candidate who receives the third highest number of votes from said area shall serve until December 31, 1968. Thereafter, successors to the initial members of the board of education of the Polk School District shall be elected at the general election which is conducted in that year in which the respective term of office expires and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates offering for election to the board from school attendance areas having more than one member on the board shall, when qualifying as candidates, designate by name the incumbent member of the board whose position on the board they offer as candidates for election. In the event of a vacancy occurring on said board by the death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the board shall by secret ballot elect his successor, who shall hold office for the balance of the term which he fills, and until his successor is duly elected and qualified. The county school system of Polk County and the board of education thereof, and the independent school system of the City of Cedartown and the board of education thereof, shall continue to exist until July 1, 1967, on which date the Polk School District and the board of education thereof shall come into existence. Even though the county school system of Polk County and the independent school system of the City of Cedartown and their respective boards of education shall cease to exist on July 1, 1967, the respective taxes levied for the support and maintenance of said systems for the calendar year 1967 shall be levied, collected and turned over to the Polk School District for its use in providing for a system of education as herein provided. Effective date, etc. The board of education shall appoint the school superintendent of the Polk School District. The school superintendent of the independent school system of the City

Page 1099

of Cedartown and the county school superintendent of the county school system of Polk County shall continue to serve as such and such offices shall continue to exist until July 1, 1967, upon which date the office of school superintendent of the Polk School District shall come into existence. The Polk School District shall constitute a political subdivision of the State of Georgia, which shall be separate and distinct from the political entities of the City of Cedartown and the County of Polk. Said school district is authorized to incur bonded indebtedness for the purpose of constructing, erecting, repairing and improving the necessary school buildings of the district and for the purpose of acquiring the necessary property therefor. The Polk School District is hereby authorized to levy a tax for the support and maintenance of education of not more than 20 mills, but the provisions for removing or increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. On the date provided for herein for the new district to come into existence, all property and facilities and all assets, debts and obligations including the bonded indebtedness incurred for the benefit of the two systems so merged by the City of Cedartown and the old Polk County School System shall become the property, facilities, assets, debts and obligations of the Polk School District. Superintendent. Taxes, etc. Except as hereinafter provided, the Polk County School District, board of education and school superintendent thereof shall be subject to all constitutional and general statutory provisions relating to county systems of education, county boards of education and county school superintendents except as those provisions conflict with the provisions of this amendment to the Constitution. The General Assembly is authorized to provide by law for such matters as may be necessary to the operation and control of the Polk County School District not otherwise provided for herein. There shall be not less than one high school maintained within or near the corporate limits of the City of Cedartown and not less than one high school maintained

Page 1100

within or near the corporate limits of the City of Rockmart, as said corporate limits may now or hereafter exist. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Polk School District by merging the county school system of Polk County and the independent school system of the City of Cedartown? 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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COWETA COUNTY DEVELOPMENT AUTHORITY. Proposed Amendment to the Constitution. No. 181 (House Resolution No. 274-596). A Resolution. Proposing an amendment to the Constitution so as to create the Coweta County Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following: A. There is hereby created a body corporate and politic in Coweta County in the State of Georgia to be known as the Coweta County Development Authority, which shall be an instrumentality of Coweta 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 governing authority of Coweta 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 governing authority of Coweta County. A majority of members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. No member of the Authority shall be a member of the governing authority of Coweta County, but there shall

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be no other disqualification to hold public office by reason of membership in the Authority. Members, etc. C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Coweta County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The exemptions from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority; Taxes. D. The powers of the Authority shall include but not be limited to, the power: (1) To buy, acquire, accept and give options upon, develop, improve, own, operate, maintain, sell, lease, as lessor or lessee, and mortgage land, buildings and real and personal property of all kinds within Coweta County; (2) To receive and administer gifts, grants and donations and to administer trusts; Powers. (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 Coweta County. The provisions of this clause shall not be construed to limit any other power of the Authority; (4) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and execute deeds to secure debt, trust deeds, trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (5) To issue revenue anticipation certificates or bonds for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities

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as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, pp. 761-774), and as amended, with reference to the issuance of such certificates or bonds and validation of same insofar as such pertain to the corporate purposes of the Authority; (6) To contract with Coweta 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; (7) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority; (8) To encourage and promote the expansion and development of industrial, agricultural, recreational and trade facilities in Coweta 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 Coweta 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.

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(9) To exercise such other powers and duties, consistent with the purposes of the Authority, as may be delegated to it by the governing authority of Coweta County; (10) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (11) To designate officers to sign and act for the Authority generally or in any specific matter; (12) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. E. The Authority shall not be authorized to create in any manner any debt, liability or obligation against Coweta County, nor the State of Georgia; Debts. F. The Authority may sue and be sued the same as any private corporations. Actions. G. The members of the Authority shall receive only such compensation for their services to the Authority as shall be authorized by the governing authority of Coweta County but such compensation shall be paid from funds of the Authority; Compensation. H. Coweta County is authorized to levy an annual tax as may be determined by the governing authority, but not to exceed two mills, on all taxable property within the County for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by Coweta County to the Authority and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as herein stated or as may be hereafter provided by law, which tax shall be in addition to all other taxes authorized by law; Funds.

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I. Coweta County is also authorized, in addition to the tax provided above, to appropriate to the Authority such amount from its funds each year as its governing authority shall determine to be appropriate, but not exceeding twenty per cent of its total receipts from business licenses for the year, and any funds so appropriated when paid to the Authority shall become a part of its funds and may be used by the Authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law; Same. J. The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation; Taxes. K. This amendment is adopted for the purpose of promoting and expanding for the public good and welfare of Coweta County and its citizens, industry, agriculture, trade, commerce and recreation within Coweta County, and making of long-range plans for such development and expansion and to authorize the use of public funds of Coweta 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 Coweta County, and the scope of its operations shall be limited to the territory embraced within Coweta County. The General Assembly shall not extend the jurisdiction of the Authority nor the scope of its operations beyond the limits of Coweta County. General Assembly. M. There shall be no limitation upon the amount of debt which the Authority may incur, but no debt created

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by the Authority shall be a debt of Coweta County, nor 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 Coweta County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time; Property. O. As used herein, the following words and terms 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 Coweta 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

Page 1107

acquisition, construction, equipping and/or operating any project or any part thereof. P. This amendment shall be self-executing and effective immediately upon proclamation of its ratification by the Governor and the first members of the Authority shall be appointed within thirty (30) days after such proclamation. Effective date. Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the Ayes and Nays taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. The ballot submitting the above proposed amendment shall have written or printed thereon the following: YES () NO () Shall the Constitution be amended so as to create the Coweta 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. Approved March 16, 1966.

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VETOES (1965 Session) Veto No. Bill No. Subject Date of 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 abolish the present mode of compensating the sheriff of Dawson County, known as the fee system; and for other purposes. 4- 8-65 No. 11 HB 392 To amend an Act creating a new charter for the City of Kennesaw, so as to change the number of council meetings and to provide compensation to the Mayor and City Council for attendance at such additional meetings; and for other purposes. 4-13-65 No. 12 SB 194 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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VETOES (1966 Session) Veto No. Bill No. Subject Date of Veto No. 1 HB 186 To fix, allow and provide for the compensation of the Sheriff of Miller County; and for other purposes. 2-28-66 No. 2 HB 635 To amend an Act creating a Board of Commissioners of Roads and Revenues for Baker County, so as to change the compensation of the chairman and the other members of said Board; and for other purposes. 2-28-66 No. 3 HB 633 To abolish the present method of compensating the sheriff of Baker County, known as the fee system; and for other purposes. 3- 3-66 No. 4 HR 121-236 Authorizing the State Library to furnish the governing authority of Floyd County with a complete set of the Georgia Laws; and for other purposes. 3-15-66 No. 5 HB 97 To amend an Act which comprehensively revised, superseded, and modernized appellate and other posttrial procedure in civil and criminal cases, so as to clarify the provisions relating to the fee which the superior court clerk shall receive from the State Law Department for furnishing an exact copy of the record or appeal in capital felony cases; and for other purposes. 3-15-66 No. 6 HB 283 To amend Code Section 34-1006, relating to qualification of candidates, so as to provide that if a person qualifies for party nomination and no other person qualifies against him by the end of the qualifying period, such person shall be declared the nominee of the party without the necessity of keeping the polls open in the district; and for other purposes. 3-15-66 No. 7 SB 2 To amend Code Section 59-112, relating to persons exempt from jury duty, as amended, so as to provide the persons who shall be entitled to exemption from all jury duty; to provide the procedure connected therewith; to repeal conflicting law; and for other purposes. 3-24-66

Page 1112

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 1113

APPELLATE COURTS SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice T. S. CANDLER Presiding Justice BOND ALMAND Associate Justice CARLTON MOBLEY Associate Justice JOSEPH D. QUILLIAN Associate Justice BENNING M. GRICE Associate Justice EUGENE COOK Associate Justice ROBERT H. BRINSON, JR. Law Assistant MRS. EFFIE A. MAHAN Law Assistant EDWARD S. SELL, III Law Assistant CURTIS R. RICHARDSON Law Assistant THOMAS M. CLYBURN, JR. Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant MISS MAUD SAUNDERS 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 CHARLES A. PANNELL Judge BRASWELL DEEN, JR. 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 LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY 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

Page 1114

SUPERIOR COURT CALENDAR FOR 1966 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. DURRENCE, Judge, Claxton. PAUL E. CASWELL, Solicitor-General, Hinesville. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October.

Page 1115

AUGUSTA CIRCUIT. HONS. F. FREDERICK KENNEDY, Augusta; JOHN F. HARDIN, Augusta; C. WESLEY KILLEBREW, Augusta, Judges. GEORGE HAINS, Solicitor-General, Augusta. BurkeFourth Mondays in April and October. 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, P. O. Box 248, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninThird Monday in April and 4th Monday in August; first Monday in December. ForsythFourth Mondays in March and July, and second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March, 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; fourth Mondays in January and June.

Page 1116

CHATTAHOOCHEE 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, Cartersville. 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. ALBERT J. HENDERSON, JR., 107 Hemlock Dr., Marietta; CONLEY INGRAM, Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, P. O. Box 151, Marietta. CobbSecond Mondays in January, March, May, July, September and November.

Page 1117

CONASAUGA CIRCUIT. HON. JAMES 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, P. O. Box 573, 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.

Page 1118

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, and December; second and third Mondays in September. MonroeThird and fourth Mondays in February, May and November; first and second Mondays in August. GRIFFIN CIRCUIT. HON. JOHN H. McGEHEE, Judge, Thomaston. ANDREW J. WHALEN, JR., Solicitor-General, Griffin. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 1119

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. SAMUEL W. FARRIS, LaFayette; ROBERT E. (BOB) COKER, 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.

Page 1120

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. A. R. KENYON, 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; first Monday in November.

Page 1121

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 465, 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 1122

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. ROBERT E. L. CULPEPPER, JR., 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 and third Mondays in April; third and fourth Mondays in October.

Page 1123

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. ThomasThirdd Mondays in January, April, July, and October. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. J. FRANK MEYERS, Solicitor-General, Americus. LeeFourth Mondays in April and October. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourt Monday in May; and 1st Monday in December. WebsterFourt Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. FRANK GUESS, Decatur; H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers, CLARENCE L. PEELER, JR., Decatur, 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., Judges, 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 1124

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 1125

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 1127

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Adairsville Development Authority 912 Administration of Federal funds by Board of Vocational Education 998 Appling County Industrial Development Authority 797 Appropriations to obtain funds from Federal government 1078 Area School Districts 1026 Barrow County School System 1017 Bibb County, group insurance for employees 835 Bibb County, pension plans, etc. 881 Bibb County, recreational facilities 830 BleckleyCochran Industrial Development Authority 1042 Brooks County Development Authority 870 Brunswick and Glynn County Development Authority 910 Brunswick, City of, Downtown Brunswick 929 Camden County Development Authority 884 Catoosa County, board of tax administrators 944 Catoosa County Development Authority 781 Chattooga County Development Authority 804 Chattahoochee County, business licenses 1063 Cherokee County Board of Education 1075 Cherokee County Development Authority 938 City of AthensClarke County Charter Commission 1050 City of Jasper Industrial Development Authority 1086 City of Woodbine Development Authority 845 Clarke County Board of Education 834 Clayton County, tax to promote industry 875 Cobb County Board of Education, compensation of members 1032 Cobb County County manager 763 Cobb County Planning and Zoning Commission 877 Cobb County, sidewalks 852 Columbia County, streets, sidewalks, etc. 858 Columbus and Muscogee County Building Commission 946 Compensation for injuries, etc., sustained in preventing crime, etc. 1048 Cordele, City of, bonds for street construction, etc. 750 Coweta County Development Authority 1101 Crawford County, consolidation of offices of clerk of superior court and ordinary 795 DeKalb County, systems of garbage disposal 828 Department of Industry and Trade, powers 1024 DouglasvilleDouglas County Development Authority 891 DublinLaurens School System 872 Elbert County Development Authority 1034 Elbert County, recreational programs 1000 Election of solicitors-general 987 Election of superior court judges 819

Page 1128

Eminent domain, property adjacent to certain highways, etc. 1070 Floyd County, streets, sidewalks, etc. 906 Floyd County, water, sanitation, etc., districts 752 Fulton County, business licenses 909 Fulton County, recreational activities 924 Fulton County, sanitary landfills 925 Glynn County, charter commission 823 Gordon County Development Authority 1056 Gwinnett County, clerk of superior court may issue criminal warrants 1062 Gwinnett County, commissioners of roads and revenue 970 Gwinnett County, fire protection districts 856 Habersham Board of Education, power to borrow money 927 Hall County Superintendent of Schools 989 Hancock County Development Authority 809 Heard County Development Authority 774 Home Rule for Counties, intent of 1965 proposed amendment 869 Henry County Board of Education 919 Henry County Development Authority 853 Henry County Superintendent of Schools 922 Lumpkin County School Superintendent 1058 Marietta, City of, debt for school purposes 832 Method of selection, powers, etc. of county school boards and superintendents 761 Monroe County Industrial Development Authority 755 Montgomery County Development Authority 899 Morgan County, members of board of education 1060 Murray County Industrial Development Authority 963 Muscogee CountyCity of Columbus, combined government 879 Muscogee CountyCity of Columbus, tax assessors 894 Muscogee County, consolidation of powers with municipalities 817 Oglethorpe County Board of Education 764 Polk School District 1092 Powers of County governments 1066 Public corporations, creation, etc. 991 Public transportation of passengers for hire 1080 Pulaski CountyHawkinsville Development Authority 744 Repayment of medical loans and scholarships 1082 Rockdale County, debt limitation 918 Statesboro and Bulloch County Development Authority 1002 Tattnall County Board of Education 889 Tax exemption of facilities to reduce air or water pollution 993 Toombs County Development Authority 787 Treutlen County Development Authority 838 Vidalia Development Authority 997 Voter registration requirements 995 Ware County Board of Education 896 Wayne County, tax for industrial development 821 Wheeler County Development Authority 767 Whitfield County, hauling and dumping of personal property 867 Worth County Industrial Development Authority 860

Page 1129

CODE SECTIONS. Title 3AmendedSections repealed 609 6-1006AmendedReports of decisions of appellate courts 494 9-103AmendedAttorneys-at-law 274 9-110EnactedAttorneys-at-law 274 Title 13AmendedBanking Law of Georgia 590 13-204AmendedPrivate banks 691 13-204RepealedPrivate banks 692 Chapter 13-12RepealedPrivate banks 692 13-9934RepealedPrivate banks 692 20-201AmendedContracts of infants 291 Chapter 23-11AmendedCounty surveyors 225 23-1704AmendedBonds of contractors repairing, etc. public buildings in certain counties (150,000-175,000) 123 24-1801AmendedClerks for ordinaries in certain counties 53 24-3327RepealedSatisfaction of executions, etc. 408 26-2603AmendedLarceny of motor vehicles and parts 555 26-2625AmendedPunishment for larcenies 435 26-7302 through 26-7307RepealedHotel keepers on beaches 286 Title 27AmendedBonds, Arraignment, etc. in criminal cases 430 27-101AmendedRewards for arrest of felons 278 Chapter 27-3RepealedSearches and seizures 567 27-902AmendedBail in misdemeanor cases 428 29-106AmendedDeeds of infants 291 30-209AmendedDivorce and alimony 160 32-904AmendedCompensation of county boards of education 447 32-510EnactedCompensation of State School Superintendent 394 32-511RepealedCompensation of State School Superintendent 394 Chapter 32-17RepealedEducation curriculum requirements 450 33-117RepealedForm of petitions for recovery of land and profits 609 34-1006AmendedPrimary elections 501 36-312AmendedEminent domain 248 36-1117EnactedEminent domain 320 Title 37AmendedSections repealed 609 Chapters 38-8, 38-9RepealedSubpoenas, etc. 502 38-1501AmendedWitness fees of law enforcement officers in certain counties (135,000-140,000) 179 38-1501, 38-1501.1, 38-1502, 38-1504, and 38-1508RepealedSubpoenas, etc. 502 38-1902, 38-1903RepealedSubpoenas, etc. 502 Chapter 38-21AmendedSections repealed 609 39-609, 39-610EnactedSatisfaction of executions, etc. 408 40-804AmendedArchives and history 461 Chap. 42-2AmendedCommercial feeding stuffs 92

Page 1130

42-9922EnactedCommercial feeding stuffs, crimes 92 47-102AmendedElection of senators 561 47-102AmendedSenatorial Districts 32 and 33 245 47-107AmendedCompensation of General Assembly 544 47-301AmendedDoorkeepers, etc. of General Assembly 544 Chapter 54-6AmendedEmployment Security Law 526 55-201 through 55-204RepealedInjunctions 609 56-805aAmendedGrant of licenses by Insurance Commissioner 315 56-806bAmendedInsurance Code amended 283 56-1005AmendedInsurance Code amended 240 56-1022AmendedInvestments by domestic insurers 344 56-1038EnactedPension, etc. contracts 57 Chapter 56-15AmendedGeorgia Insurance Code amended 217 59-120AmendedCompensation of court bailiffs 442 59-203AmendedDrawing of names of jurors 470 Chapter 59-4RepealedGrand juries duties 353 68-201AmendedRegistration of trailers, etc. 252 68-703RepealedMotor vehicles speed limits 327 68-9916AmendedMotor vehicles identifying numbers 10 Chapter 74-4AmendedAdoption Law amended 212 Title 81AmendedSections repealed 609 81-1001AmendedAmendment of pleadings, etc. 451 84-409AmendedBarbers 312 Chapter 84-9AmendedPractice of Medicine 232 84-1008AmendedRegistered nurses 289 84-1110BAmendedOptometry 299 84-1207, 84-1208AmendedOsteopathic Examiners 346 84-1304AmendedMembers of State Board of Pharmacy 254 84-1318AmendedRegistered pharmacists 294 87-303 through 87-305AmendedValidation of general obligation bonds 76 87-405, 87-406AmendedValidation of general obligation bonds 76 88-202AmendedBoards of Health in certain counties (160,000-250,000) 153 88-204AmendedMental health services 380 Chapter 88-12AmendedTests for phenyketonuria, etc. 140 88-1908 through 88-1910EnactedPublication of information by hospitals 310 Chapter 88-21AmendedMedical facilities 716 91-804.1AmendedSale of county owned real property in certain counties (42,050-43,000) 305 92-1403AmendedMotor Fuel Tax Law amended 61 92-1403AmendedMotor fuel tax 319 92-1404AmendedAudits of funds to counties 203 92-2406AmendedTaxation, bank shares, etc. 284 92-2902AmendedMotor vehicle licenses 132 92-2902AmendedRegistration of trailers 252 92-3103AmendedIncome taxes 219 92-3106AmendedIncome taxes 239

Page 1131

92-3106AmendedIncome taxesStudent dependents 271 92-3110AmendedIncome taxes 224 92-3203AmendedIncome taxes 219 92-6307AmendedTax digests 393 92-6308RepealedTax digests 393 92-6402AmendedPayment of taxes in certain counties (180,000-250,000) 128 92-6402AmendedPayment of taxes in installments in certain counties (250,000-500,000) 105 Chap. 92-70RepealedEqualization of taxable values between counties 45 105-105AmendedElection between tort and contract actions 609 105-2012AmendedContribution among trespassers 433 Title 109Amendedtrust companies 463 Title 109AAmendedUniform Commercial Code 168 Title 110AmendedSection's repealed 609 113-602AmendedProbate of wills 455 113-607AmendedProbate of wills 455 COURTS. SUPREME COURT. Appellate Procedure Act of 1965 amended 493 Justices compensation 72 COURT OF APPEALS. Appellate Procedure Act of 1965 amended 493 Judges compensation 72 SUPERIOR COURTS. Alapaha Circuit; compensation, etc. of solicitor general 436 Atlanta Circuit; assistant solicitors general 3 Blue Ridge Circuit; clerical assistance for judge 119 Brunswick Circuit; assistant court reporter 73 Burke; terms 109 Chattahoochee Circuit; compensation of solicitor general, etc. 18 Chattahoochee Circuit; judges' supplement 98 Clayton Circuit; salary of court reporter 69 Clerks retirement fund Act amended 222 Cobb Circuit; salaries 107 Compensation of court bailiffs 442 Cordele Circuit; solicitor general placed on salary 110 Drawing of names of jurors 470 Election of judges, proposed amendment to the Constitution 819 Election of solicitors-general, proposed amendment to the Constitution 987

Page 1132

Fannin; terms 9 Gwinnett; powers of clerk to issue criminal warrants, proposed amendment to the Constitution 1062 Judges Emeritus; compensation when serving in certain counties (500,000 or more) 72 Jury clerks to senior judges in certain counties (135,000-140,000) 186 Lamar; terms 54 Lee; terms 53 Mitchell; terms 97 Oglethorpe; terms 52 Pataula Circuit; compensation of solicitor general 13 Pickens; terms 10 Rome Circuit; law books 2706 Rome Circuit; salary of assistant solicitor general, clerical assistance 115 Secretaries and calendar clerks for judges in certain counties (135,000-140,000) 164 Services of judges emeritus in certain counties (500,000 or more) 177 Solicitors general expense allowance 438 Solicitors general retirement fund 210 Stone Mountain Circuit; assistant solicitors general 134 Stone Moutain Circuit; compensation of court reporter 454 Wayne; terms 118 CITY COURTS. Americus; salaries of judge and solicitor 2425 Bainbridge; sheriff's compensation 2297 Clerks of solicitors in certain counties (135,000-140,000) 3358 Columbus; salaries of judge and solicitor 2636 Compensation of assistant solicitors in certain counties (135,000-140,000) 2728 Compensation of judges' secretaries in certain counties (135,000-140,000) 2975 Dublin; salaries of judge and solicitor 2503 Floyd; offices of assistant solicitor and secretary abolished 2829 Habersham; salaries of judge and solicitor 2768 Jesup; terms 2875 Macon; name changed to State Court of Bibb County 3302 Macon; probation officers 3292 Newnan; name changed to Civil and Criminal court of Coweta County 3214 Pembroke; abolished, referendum 2466 Reidsville; judge's salary 2177 Valdosta; solicitor's salary 3289 Warner Robins; jury trials 3203 Washington County; salaries of judge and solicitor 2615 Waynesboro; terms 3078 Wrightsville; compensation of solicitor 2565

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CIVIL AND CRIMINAL COURTS. Cobb; additional judge, etc. 2904 Coweta; name changed from City Court of Newnan 3214 CIVIL COURTS. Fulton; costs, etc. 3295 CRIMINAL COURTS. Fulton; investigators 2463 JUVENILE COURTS. Judges' salaries in certain counties (150,000-175,000) 2553 Judges' salaries in certain counties (250,000-500,000) 3350 MUNICIPAL COURTS. Augusta; salaries, etc. 3312 Columbus; salaries, jurisdiction, costs, etc. 3030 Columbus; salary of marshal 2645 Savannah; judges' compensation 2038 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES. Appling; Appling County Industrial Development Authority, proposed amendment to the Constitution 797 Appling; commissioners of roads and revenues, referendum 2754 Atkinson; compensation, etc. of solicitor general 436 Atkinson; county court abolished referendum 2107 Atkinson; sheriff placed on salary 2205 Bacon; Bacon CountyCity of AlmaJoint Planning Commission 2321 Bacon; salary of chairman of commissioners of roads and revenue 2223 Baldwin; sheriff placed on salary 2981 Banks; commissioners of roads and revenue 3017 Banks; sheriff placed on salary 2086 Barrow; school system 3367 Barrow; school system, proposed amendment to the Constitution 1017 Bartow; CartersvilleBartow Airport Authority 2270 Ben Hill; clerk of superior court placed on salary 2197 Ben Hill; solicitor general placed on salary 110 Berrien; compensation, etc. of solicitor general 436 Bibb; group insurance for employees, proposed amendment to the Constitution 835

Page 1134

Bibb; pension etc. plans, proposed amendment to the Constitution 881 Bibb; pension plan act amended 2877 Bibb; recreation facilities, proposed amendment to the Constitution 830 Bibb; water and sewerage authority 2737 Bleckley; BleckleyCochran Industrial Development Authority, proposed amendment to the Constitution 1042 Brooks; Brooks County Development Authority, proposed amendment to the Constitution 870 Brooks; sheriff placed on salary 2166 Bryan; treasurer's salary 2601 Bulloch; clerical help for clerk of superior court 3326 Bulloch; Statesboro and Bulloch County Development Authority, proposed amendment to the Constitution 1002 Burke; superior court terms 109 Burke; sheriff placed on salary 2127 Butts; clerical assistance for ordinary 2554 Butts; clerical assistance for tax collector 2398 Butts; salaries of commissioners of roads and revenue 2396 Butts; sheriff's salary, etc. 2275 Calhoun; sheriff's salary, etc. 2216 Camden; Camden County Development Authority, proposed amendment to the Constitution 884 Catoosa; board of tax administrators, proposed amendment to the Constitution 944 Catoosa; board of utility commissioners 2003 Catoosa; Catoosa County Development Authority, proposed amendment to the Constitution 781 Catoosa; clerical assistance for tax commissioner 2072 Catoosa; clerical assistant to commissioner of roads and revenue 2335 Catoosa; clerical help for ordinary and clerk of superior court 2515 Catoosa; sheriff placed on salary 2663 Chatham; bond of clerk of superior court 2452 Chatham; sheriff's bond 2423 Chattahoochee; business licenses, etc. 2857 Chattahoochee; business licenses, proposed amendment to the Constitution 1063 Cherokee; Cherokee County Development Authority; proposed amendment to the Constitution 938 Chattahoochee; compensation of solicitor general, etc. 18 Chattahoochee; compensation of tax commissioner 3393 Chattahoochee; sheriff's salary act amended 2805 Chattahoochee; superior court judges' supplement 98 Chattooga; Chattooga County Development Authority, proposed amendment to the Constitution 804 Chattooga; compensation of clerk of superior court 2643 Chattooga; compensation of deputy sheriffs and jailer 3325

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Chattooga; compensation of sheriff 2590 Cherokee; board of education, proposed amendment to the Constitution 1075 Cherokee; clerical assistance for judge of superior court 119 Cherokee; compensation, etc. of named offices, deputies and and clerks 2596 Cherokee; compensation of commissioner of roads and revenue and clerk 2150 Cherokee; repeal of resolutions regarding title to land 193 Clarke; board of education, proposed amendment to the Constitution 834 Clarke; City of AthensClarke County Charter Commission, proposed amendment to the Constitution 1050 Clarke; school district, additional members 3114 Clarke; school district tax rate 3400 Clarke; sheriff placed on salary 2113 Clarke; treasurer's salary 2508 Clay; compensation of solicitor general 13 Clay; sheriff placed on salary 2250 Clayton; commissioners of roads and revenue 3138 Clayton; commissioners of roads and revenue, bonds, audits 2723 Clayton; name of militia district 3168 Clayton; office of treasurer abolished 3055 Clayton; purchasing agent 2277 Clayton; salary of superior court, court reporter 69 Clayton; tax to promote industry, proposed amendment to the Constitution 875 Clayton; water authority, powers 3107 Clinch; compensation, etc. of solicitor general 436 Cobb; boards of fire commissioners 2801 Cobb; business licenses 2070 Cobb; compensation of school board, proposed amendment to the Constitution 1032 Cobb; county manager, proposed amendment to the Constitution 763 Cobb; county officers' salaries 2075 Cobb; medical examiner 3406 Cobb; metropolitan Atlanta Rapid Transit Authority Act 3264 Cobb; planning and zoning commission, proposed amendment to the Constitution 877 Cobb; salaries of deputy sheriffs 2585 Cobb; salaries of tax commissioner and chief clerk 3276 Cobb; sidewalks, proposed amendment to the Constitution 852 Cobb; superior court salaries 107 Colquitt; sheriff's compensation 2036 Columbia; streets, sidewalks, etc., proposed amendment to the Constitution 858 Cook; compensation, etc. of solicitor general 436 Cook; sheriff placed on salary 2233 Coweta; Coweta County Development Authority, proposed amendment to the Constitution 1101

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Crawford; consolidation of offices of clerk of superior court and ordinary, proposed amendment to the Constitution 795 Crisp; named offices placed on salaries 2428 Crisp; solicitor general placed on salary 110 Dade; clerical expense of ordinary 2229 Dade; compensation, etc. of tax commissioner 2568 Dade; compensation of commissioner of roads and revenue and clerk 2505 Dade; sheriff placed on salary 2193 Dawson; sheriff placed on salary 2252 Decatur; sheriff placed on salary 2134 DeKalb; assistant solicitors general 134 DeKalb; compensation of commissioners of roads and revenues 2855 DeKalb; compensation of superior court court reporter 454 DeKalb; merit system council 3051 DeKalb; Metropolitan Area Water Quality Control Commission 3346 DeKalb; salaries of county officers 2301 DeKalb; school board districts 2810 DeKalb; systems of garbage disposal, proposed amendment to the Constitution 828 Dooly; coroner placed on salary 2478 Dooly; solicitor general placed on salary 110 Dougherty; AlbanyDougherty Hospital Authority, vacancies 3067 Douglas; DouglasvilleDouglas County Development Authority, proposed amendment to the Constitution 891 Douglas; DouglasvilleDouglas County Industrial Development Authority 2483 Douglas; employees' retirement board 2341 Douglas; salary of chief deputy clerk of superior court 2556 Early; compensation of solicitor general 13 Early; sheriff placed on salary 2029 Elbert; Elbert County Development Authority; proposed amendment to the Constitution 1034 Elbert; recreational programs, proposed amendment to the Constitution 1000 Emanuel; land conveyance authorized 255 Emanuel; sheriff placed on salary 2576 Fannin; clerical assistance for judge of superior court 119 Fannin; terms of superior court 9 Floyd; assistant solicitor general, etc. 115 Floyd; audits 2872 Floyd; budget law 3040 Floyd; compensation of comptroller 2343 Floyd; school district created, referendum 3129 Floyd; streets, sidewalks, etc. proposed amendment to the Constitution 906 Floyd; water, sanitation, etc. districts, proposed amendment to the Constitution 752 Forsyth; clerical assistance for judge of superior court 119 Forsyth; compensation of commissioners of roads and revenue 2608

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Forsyth; compensation of county officers 2292 Franklin; sheriff placed on salary 2169 Fulton; AtlantaFulton County recreation authority act amended 2848 Fulton; board of education pension system amended 3109 Fulton; business licenses, proposed amendment to the Constitution 909 Fulton; exchange of land authorized 263 Fulton; local education commission 3413 Fulton; local government commission 3408 Fulton; Metropolitan Area Water Quality Control Commission 3346 Fulton; recreation activities, proposed amendment to the Constitution 924 Fulton; sanitary landfills, proposed amendment to the Constitution 925 Gilmer; clerical assistance for judge of superior court 119 Gilmer; compensation of commissioner of roads and revenue, clerk 2541 Gilmer; sheriff placed on salary 2480 Glascock; sheriff placed on salary 2181 Glynn; assistant superior court court reporter 73 Glynn; Brunswick and Glynn County Development Authority, proposed amendment to the Constitution 910 Glynn; business licenses 3111 Glynn; charter commission, proposed amendment to the Constitution 823 Glynn; election of commissioners of roads and revenue, etc. 3216 Gordon; Gordon County Development Authority, proposed amendment to the Constitution 1056 Grady; land conveyance authorized 365 Gwinnett; commissioners of roads and revenue, proposed amendment to the Constitution 970 Gwinnett; compensation of commissioners of roads and revenue 2148 Gwinnett; fire protection districts, proposed amendment to the Constitution 856 Gwinnett; Metropolitan Area Water Quality Control Commission 3346 Gwinnett; powers of clerk of superior court to issue criminal warrants, proposed amendment to the Constitution 1062 Habersham; board of education, power to borrow money, proposed amendment to the Constitution 927 Hall; act placing officers on salaries amended 2118 Hall; board of commissioners of roads and revenue, referendum 3305 Hall; salary of tax commissioner 2179 Hall; school superintendent, proposed amendment to the Constitution 989 Hancock; Hancock County Development Authority, proposed amendment to the Constitution 809 Haralson; clerical help for tax commissioner 2618

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Haralson; compensation of commissioner of roads and revenue 2133 Haralson; sheriff and ordinary placed on salaries 2259 Haralson; treasurer's salary 2226 Harris; compensation of solicitor general, etc. 18 Harris; deputy sheriffs, uniform allowance 2105 Harris; salary of tax commissioner 2228 Harris; small claims court 2986 Harris; superior court judges' supplement 98 Hart; clerk of superior court and ordinary placed on salaries 2285 Hart; publication of list of expenditures, compensation of board of finance 2622 Heard; Heard County Development Authority, proposed amendment to the Constitution 774 Henry; board of education, proposed amendment to the Constitution 919 Henry; compensation of school board 2807 Henry; school superintendent, proposed amendment to the Constitution 922 Henry; Henry County Development Authority, proposed amendment to the Constitution 853 Houston; coroner placed on salary 2638 Houston; election of county commissioners 3266 Irwin; office of tax commissioner created, referendum 2472 Irwin; salary of clerk of commissioners of roads and revenue 2496 Irwin; sheriff placed on salary 2241 Jackson; salaries of commissioners of roads and revenue 3423 Jackson; sheriff placed on salary 2977 Jasper; sheriff placed on salary 2185 Jasper; treasurer's salary 2494 Jeff Davis; sheriff placed on salary 2046 Jefferson; coroner placed on salary 2633 Jefferson; treasurer's salary 2602 Jenkins; sheriff placed on salary 2158 Lamar; terms of superior court 54 Lanier; compensation, etc. of solicitor general 436 Lanier; sheriff's salary act amended 2191 Laurens; DublinLaurens School System, proposed amendment to the Constitution 872 Lee; sheriff placed on salary 2219 Lee; terms of superior court 53 Lincoln; clerk for commissioners of roads and revenue 2620 Lowndes; sheriff placed on salary 2021 Lumpkin; school superintendent, proposed amendment to the Constitution 1058 Lumpkin; sheriff placed on salary 2469 McDuffie; deputy sheriffs 3081 McIntosh; compensation of clerk of superior court 2528 Murray; Murray County Industrial Development, proposed amendment to the Constitution 963 Murray; named offices placed on salaries 2509

Page 1139

Murray; salary of commissioner of roads and revenue 3384 Macon; salary of ordinary 2534 Macon; salary of tax receiver 2536 Marion; compensation of solicitor general, etc. 18 Marion; superior court judges' supplement 98 Meriwether; depositories for county funds 2393 Meriwether; salaries of county officers, referendum 2266 Miller; commissioners of roads and revenue, purchasing agent 2063 Miller; compensation of commissioners of roads and revenue 2303 Miller; compensation of sheriff, etc. 3329 Miller; compensation of solicitor general 13 Mitchell; sheriff placed on salary 2236 Mitchell; superior court terms 97 Monroe; Monroe County Industrial Development Authority, proposed amendment to the Constitution 755 Monroe; sheriff placed on salary 2714 Montgomery; Montgomery County Development Authority, proposed amendment to the Constitution 899 Montgomery; sheriff placed on salary 2120 Morgan; members of board of education, proposed amendment to the Constitution 1060 Morgan; officers salary act amended 3396 Muscogee; Columbus and Muscogee County Building Commission, proposed amendment to the Constitution 946 Muscogee; combined government with City of Columbus, proposed amendment to the Constitution 879 Muscogee; compensation of ordinary 2164 Muscogee; compensation of solicitor general, etc. 18 Muscogee; compensation of tax commissioner 2604 Muscogee; consolidation of powers with municipalities, proposed amendment to the Constitution 817 Muscogee; Muscogee CountyCity of Columbus, tax assessors, proposed amendment to the Constitution 894 Muscogee; pension fund act 2010 Muscogee; salary, etc. of sheriff 2101 Muscogee; salary of clerk of superior court 2231 Muscogee; superior court judges' supplement 98 Muscogee; time of organizing board of commissioners of roads and revenues 2836 Newton; assistant solicitors general 134 Newton; compensation of superior court court reporter 454 Oglethorpe; board of education, proposed amendment to the Constitution 764 Oglethorpe; sheriff placed on salary 2110 Oglethorpe; terms of superior court 52 Paulding; salary of tax commissioner 2631 Pickens; clerical assistance for judge of superior court 119 Pickens; compensation, etc. of commissioner of roads and revenue, clerk 2593 Pickens; sheriff placed on salary 2138

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Pickens; terms of superior court 10 Pierce; sheriff's salary, deputy sheriffs 2570 Pike; compensation of commissioners of roads and revenue 2821 Pike; salary of clerk of commissioners of roads and revenue 2820 Polk; school district, proposed amendment to the Constitution 1092 Pulaski; compensation of ordinary 2305 Pulaski; Pulaski CountyHawkinsville Development Authority, proposed amendment to the Constitution 744 Pulaski; salary of clerk of superior court 2175 Quitman; compensation of solicitor general 13 Rabun; salary of ordinary 2218 Randolph; compensation of solicitor general 13 Randolph; expenses of sheriff's office, etc. 2333 Richmond; compensation of board of education 2103 Richmond; construction supervision and building inspector 3279 Richmond; employees' pension act amended 3360 Rockdale; assistant solicitors general 134 Rockdale; compensation of commissioner of roads and revenue 2042 Rockdale; compensation of superior court court reporter 454 Rockdale; debt limitation, proposed amendment to the Constitution 918 Rockdale; executive assistant to commissioner of roads and revenue 2045 Rockdale; Metropolitan Area Water Quality Control Commission 3346 Rockdale; sheriff placed on salary 2039 Seminole; compensation of solicitor general 13 Seminole; sheriff placed on salary 2058 Spalding; Act placing officers on salaries amended 2210 Spalding; compensation of commissioners of roads and revenue 2498 Spalding; compensation of tax commissioner 2659 Spalding; salary of coroner 2561 Stephens; clerical help for ordinary 2291 Stephens; employees of clerk of superior court 2346 Stephens; terms of commissioners of roads and revenue, referendum 2628 Stewart; sheriff placed on salary 2573 Sumter; salary of ordinary 2563 Talbot; compensation of commissioners of roads and revenue 2153 Talbot; compensation of sheriff, etc. 2408 Talbot; compensation of solicitor general, etc. 18 Talbot; compensation of tax commissioner 2214 Talbot; superior court judges' supplement 98 Taliaferro; sheriff placed on salary 2262 Tattnall; board of education, proposed amendment to the Constitution 889 Tattnall; compensation of commissioners of roads and revenue 2255 Tattnall; sheriff placed on salary 2155 Taylor; compensation of solicitor general, etc. 18 Taylor; superior court judges' supplement 98 Terrell; board of commissioners of roads and revenue 2610

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Terrell; compensation of solicitor general 13 Thomas; compensation for damages 2682 Thomas; fire protection districts 2853 Tift; compensation of tax commissioner 2410 Tift; superior court clerk's salary act amended 3125 Toombs; salary of clerk of commissioners of roads and revenue 2283 Toombs; Toombs County Development Authority, proposed amendment to the Constitution 787 Treutlen; sheriff placed on salary 2080 Treutlen; Treutlen County Development Authority, proposed amendment to the Constitution 838 Twiggs; sheriff placed on salary 2546 Upson; ordinary placed on salary 2091 Walton; compensation of tax commissioner, etc. 2525 Walton; salaries etc. of clerk of superior court and ordinary 2655 Ware; board of education, proposed amendment to the Constitution 896 Ware; publication of lists of receipts and expenditures 2902 Ware; tax collector's compensation 2097 Wayne; ordinary placed on salary 2391 Wayne; superior court terms 118 Wayne; tax commissioner placed on salary 2582 Wayne; tax for industrial development, proposed amendment to the Constitution 821 Wheeler; easement to land authorized 85 Wheeler; Wheeler County Development Authority, proposed amendment to the Constitution 767 White; compensation of ordinary 2501 Whitfield; group insurance for employees 3284 Whitfield; hauling and dumping of personal property, proposed amendment to the Constitution 867 Wilcox; sheriff placed on salary 2202 Wilcox; solicitor general placed on salary 110 Worth; sheriff placed on salary 2245 Worth; Worth County Industrial Development Authority, proposed amendment to the Constitution 860 COUNTIES AND COUNTY MATTERSBY POPULATION Population Bracket 2,750-3,250Compensation of clerks of commissioners of roads and revenue 2565 2,750-3,250Compensation of ordinaries 2736 2,750-3,250Equipment, etc. of sheriffs 3137 2,750-3,250Treasurer's compensation 2530 6,825-6,925Small claims court 3372 13,160-13,200Small claims courts 2838 14,486-14,540Alcoholic beverages 340 23,750-23,850Clerks for ordinaries 53 28,260-28,750Compensation of ordinaries 2403

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40,000-42,000Use of power drawn nets in St. Andrews and Cumberland Sounds 270 42,050-43,000Sale of county owned real property 305 45,274-45,364Warm Air Heating Contractors 48 46,400-49,200Housing authority law not applicable in certain cities (less than 4,000) 2824 50,000-75,000Audits of boards of education 3200 50,000-75,000Audits of hospital authorities 2971 100,000-130,000Compensation of treasurers 2823 108,000-108,900Law libraries 2809 114,000-135,000Act creating law libraries amended 3150 135,000-140,000Clerks of solicitors of city courts 3358 135,000-140,000Compensation of assistant solicitors of county and city courts 2728 135,000-140,000Compensation of clerks of solicitors-general 2607 135,000-140,000Compensation of secretaries of city court judges 2975 135,000-140,000Jury clerk to senior superior court judges 186 135,000-140,000Officers' salary act amended 3355 135,000-140,000Secretaries and calendar clerks for judges of superior courts 164 135,000-140,000Sheriffs' employees 3301 135,000-140,000Witness fees of law enforcement officers 179 150,000-175,000Bonds of contractors repairing, etc. public buildings 123 150,000-175,000Lights on law enforcement vehicles 176 150,000-175,000Salaries of juvenile court judges 2553 150,000-175,000Urban Redevelopment Law 157 160,000-250,000Appointment of county boards of health 153 180,000-250,000Payment of taxes in installments 128 250,000-500,000Juvenile Court Judges salaries 3350 250,000-500,000Payment of taxes in installments 105 300,000 or moreInterest on ad valorem taxes 253 500,000 or moreCompensation of superior court judges emeritus 72 500,000 or moreEmployment of minors where alcoholic beverages sold 237 500,000 or moreOffice space, etc. for judges emeritus 3226 500,000 or moreService of judges of superior courts emeritus 177 MUNICIPAL CORPORATIONS NAMED CITIES. Acworth; elections of mayor and aldermen 3037 Adairsville; Adairsville Development Authority, proposed amendment to the Constitution 912 Adairsville; compensation of mayor and council, referendum 2144 Adairsville; corporate limits, referendum 2454 Albany; AlbanyDougherty Hospital Authority, vacancies 3067 Albany; elections 3209

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Alma; Bacon CountyCity of Alma Joint Planning Commission 2321 Alpharetta; city council 2068 Americus; business licenses 2386 Americus; employees' retirement act amended 3118 Americus; land conveyance authorized 422 Arlington; charter amended 2795 Ashburn; corporate limits 2898 Ashburn; elections 3191 Athens; charter amended 2860 Athens; City of AthensClarke County Charter Commission, proposed amendment to the Constitution 1050 Athens; deputy registrars 3425 Atlanta; AtlantaFulton County recreation authority act amended 2848 Atlanta; corporate limits 3405 Atlanta; corporate limits 3431 Atlanta; corporate limits, referendums 3337 Atlanta; Metropolitan Area Water Quality Control Commission 3346 Augusta; assessments for street improvements 3065 Augusta; compensation of law enforcement officers 2813 Augusta; corporate limits 3076 Augusta; employees' pension fund act amended 2761 Augusta; employees' retirement 3351 Augusta; employees' retirement 2347 Augusta; system of sprinkling streets 2803 Austell; charter amended 3060 Bainbridge; number of aldermen 2434 Baxley; taxes to pay bonded indebtedness 3072 Blackshear; election, etc. of aldermen 2538 Bremen; corporate limits 3286 Brunswick; Brunswick and Glynn County Development Authority, proposed amendment to the Constitution 910 Brunswick; Downtown Brunswick, proposed amendment to the Constitution 929 Cartersville; Cartersville-Bartow Airport Authority 2270 Centerville; elections 3047 Chamblee; taxes 3148 Cochran; Bleckley-Cochran Industrial Development Authority, proposed amendment to the Constitution 1042 College Park; charter amended 2757 Colquitt; corporate limits, referendum 2867 Columbus; Columbus and Muscogee County Building Commission, proposed amendment to the Constitution 946 Columbus; combined government with Muscogee County, proposed amendment to the Constitution 879 Columbus; Muscogee CountyCity of Columbus, tax assessors, proposed amendment to the Constitution 894 Cordele; bonds for street construction, proposed amendment to the Constitution 750

Page 1144

Cornelia; compensation of city commission, referendum 2625 Cornelia; elections, referendum 3144 Cornelia; eminent domain, etc. referendum 3102 Cornelia; salary of city manager, referendum 2404 Covington; charter amended 2437 Crawfordville; hours of holding elections 3074 Dallas; charter amended 3386 Dalton; corporate limits 2870 Dalton; employees' pension plan 2946 Dalton; punishment in recorder's court 3211 Dearing; terms of mayor and councilmen 2066 Denton; incorporated, referendum 2352 Douglas; corporate limits, wards 2729 Douglas; land conveyance authorized 580 Douglasville; Douglasville-Douglas County Development Authority 2483 Douglasville; Douglasville-Douglas County Development Authority, proposed amendment to the Constitution 891 Dublin; ad valorem tax rate, etc. 3166 Dublin; Dublin-Laurens School System, proposed amendment to the Constitution 872 East Point; corporate limits 3316 East Point; resolution authorizing land conveyance amended 367 Fairburn; corporate limits 2517 Farmington; terms of mayor and councilmen, etc. 2388 Fitzgerald; corporate limits 2647 Folkston; charter amended 2530 Fort Valley; charter amended 3193 Gainesville; retirement fund Act amended 2889 Garden City; powers, etc. of mayor and councilmen 2965 Geneva; new charter 2937 Gray; charter amended 2032 Greenville; corporate limits, referendum 3403 Griffin; commissioners' salaries 3418 Guyton; mayor and council 2720 Hapeville; corporate limits 3324 Hapeville; employees' etc., retirement 3420 Harrison; new charter 2362 Hawkinsville; Pulaski County-Hawkinsville Development Authority, proposed amendment to the Constitution 744 Higgston; corporate limits, elections 2421 Jackson; corporate limits, etc. 3121 Jasper; industrial development authority, proposed amendment to the Constitution 1086 Jefferson; corporate limits, referendum 3025 Jesup; corporate limits, referendum 3099 Jesup; salaries of recorder and city manager 2280 Kennesaw; charter amended 2049 Lawrenceville; corporate limits 2319 Lawrenceville; public billiard and pool rooms 2426

Page 1145

Louisville; charter amended 2588 Lumber City; charter amended 2311 Luthersville; corporate limits, referendum 2521 Macon; condemnation for streets, etc. 2007 Macon; land conveyance authorized 83 Marietta; charter amended 2909 Marietta; debt for school purposes, proposed amendment to the Constitution 832 Maysville; charter amended 3321 Milledgeville; elections 3428 Milledgeville; taxes 3427 Milner; terms of mayor and councilmen 2641 Monroe; charter amended 2457 Moultrie; charter amended 3180 Norcross; salaries of mayor and councilmen 2558 Oakwood; new charter 3227 Ocilla; elections 2893 Palmetto; new charter 2771 Pelham; authority to alter, etc. streets 2964 Pepperton; charter repealed 3127 Perry; salaries of councilmen 3049 Portal; elections 2825 Powder Springs; charter amended 3196 Riceboro; elections, etc. 2331 Ringgold; board of utility commissioners 3022 Rockmart; elections 2827 Rome; board of education 2815 Rome; city commissioners, election, salaries, etc. 2382 Rome; election of commissioners 2375 Rome; elections 3083 Rome; voter qualifications 3069 Rome; wards 2379 Royston; election of mayor and councilmen 2338 St. Marys; authority to borrow money 2900 Sandersville; water and light commission abolished 2832 Sandersville; zoning 2308 Smyrna; corporate limits 3219 Smyrna; corporate limits 3433 Statesboro; Statesboro and Bulloch County Development Authority, proposed amendment to the Constitution 1002 Statesboro; terms of mayor and councilmen, referendum 2316 Swainsboro; charter amended 3152 Sycamore; corporate limits 3053 Thomaston; charter amended 2412 Thomson; corporate limits 3007 Thomson; sale of city property 2141 Thunderbolt; charter amended 2883 Vidalia; corporate limits 2765 Vidalia; Vidalia Development Authority, proposed amendment to the Constitution 997 Wadley; elections 2865

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Wadley; voter registration 3087 Warner Robins; civil service board 3010 Waycross; appointment of city clerk, etc. 2759 Waycross; elections 3151 Waycross; park, tree and zoning commission abolished 3135 Woodbine; City of Woodbine Development Authority, proposed amendment to the Constitution 845 Woodbury; elections, salaries, referendum 3318 Zebulon; corporate limits, referendum 3170 MUNICIPAL CORPORATIONSBY POPULATION. Population Bracket . Less than 4,000Housing Authority Law not applicable in cities in certain counties (46,400-49,200) 2824 150,000 or moreAct providing pensions for members of police departments amended 3172 150,000 or moreEmployees' Pension Act Amended 2976 , 3002 , 3005 , 3057 , 3106 , 3195 , 3309 150,000 or moreFiremens Pension Act amended 2996 300,000 or moreRepair, etc. of buildings 3089 MUNICIPALITIESHOME RULE AMENDMENTS. Bowman; recorder 3451 Claxton; streets 3454 Columbus; absences of commissioners 3447 East Point; employees' retirement 3465 Hapeville; merit system 3457 Senoia; elections 3480 Thomasville; fines 3460 RESOLUTIONS AUTHORIZING COMPENSATION. Acres, Den M., Jr. 2696 Barfield, Grady 2681 Bell, William T. 2670 Boswell, Mrs. Patricia Nell 2692 Brock, William Myers 2690 Brown, Johnny A. 3334 Bunch, Joe B. 2711 Burch, Mrs. Ola 2676 Caldwell, Lt. T. E. 2674 Fambrough, Jack W. 2679 Fannin County Agricultural Association, Inc. 2689 Flowers, L. H. 2704 Gaddis, M. J. 2672 Garrett, Easter Faye 2695 Glore, Clyde 2671 Green, Carl 2687 Hendrix, Glenn 2669

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Herndon, T. R. 2701 Horen, Mrs. Jacquelyn S. 2672 Hyde, A. L. 2697 Hyde, Harold 2697 Jarvis, J. A. 3335 Kea, Deputy Sheriff Dessie 2681 Keith, J. W. 2684 Knight, Mrs. Marjorie K. 2709 Lee, J. Frank 2680 McGraw, Gordon J., Jr. 2703 Marchialette, Warren 2678 Martin, Mrs. Helen 3269 Millings, R. L. 3274 Morgan, Miss Marie 3336 Paradise, W. H. 2673 Parker-White Motors 2712 Ramey, Clayton 2694 Rhoden, L. L., Jr. 2708 Roberts, Mrs. Florence Euline 3271 Rocker, Bobby Gene 2667 Sailors, Daniel L. 2705 Smith, Ed Lonzo 3275 Smith, Samuel Rushing 3270 Tanner, Benjamin Clinton 2668 Thomas County 2682 Travis, Rev. James L. 2699 Vaughter, Alan 2688 Walraven, William 2698 Ward, Mr. Mrs. Randolph E. 2675 Washington County Sweet Potato Association 2893 Whiteaker, Doyle F. 2710 Whittle, W. L., Sr. 2682 Wilkins, Mrs. Bertha 3336 Williams, Mr. Mrs. Samuel C. 2685 Wilson, Charles L. 2702 Wrinn, Raymond J. 3273 York, Willard 2993 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Authority to dispose of Governor's mansion on the Prado 487 Easement to Savannah Electric and Power Company authorized 125 Easement to Wheeler County authorized 85 Exchange of Land in Fulton County authorized 263 Exchange of mineral rights in Murray County 300 Land conveyance in Baldwin County authorized 257 Land conveyance in Emanuel County authorized 255 Land conveyance in Franklin County authorized 269 Land conveyance in Grady County authorized 365 Land conveyance in Hall County 124

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Land conveyance in Jenkins County authorized 87 Land conveyance in Thomas County authorized 193 Land conveyance in Whitfield County authorized 368 Land conveyance to City of Americus authorized 422 Land conveyance to City of Douglas authorized 580 Land conveyance to City of Macon authorized 83 Resolution authorizing land conveyance to City of East Point amended 367 MISCELLANEOUS RESOLUTIONS. Air Pollution Study Committee 418 Baptist Church at Buck Head 2713 Central Computerized Criminal Records System Study Committee 419 Committee to study establishment of liaison office in Washington, D.C. 416 Law books to Rome Judicial Circuit 2706 Local Education Commission of Fulton County 3413 Local Government Commission of Fulton County 3408 Lease of land in Baldwin County authorized 81 Lease of land to Sonoco Products Company authorized 354 Lease of land to Wardens and Vestry of St. Stephens Church authorized 89 Otis David Hatchett relieved as surety on bond 3366 Property of Ernest Genone, Jr. released from fi. fas. 3268 A. J. Martin relieved as surety on bond 3365 Memorial to commemorate Walter F. George 414 Monument for 1st Calvary Division (Air Mobile) 489 Repeal of resolutions regarding land in Cherokee County 193 Suspension of certain income taxes (armed forces personnel) ratified 578 Suspension of certain sales taxes ratified 265 , 268 Suspension of certain use taxes ratified 267

Page 1149

INDEX A ACRES, DEN M., JR. Compensation for damages 2696 ACWORTH, CITY OF Elections of mayor and aldermen 3037 ADAIRSVILLE, CITY OF Compensation of mayor and council, referendum 2144 Corporate limits, referendum 2454 ADAIRSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 912 ADMINISTRATIVE PROCEDURE ACT Amended 333 Appeals from Optometry Board of Examiners 299 ADOPTIONS Procedure 212 AD VALOREM TAXATION Motor vehicles, etc. 517 AGRICULTURAL COMMODITIES AUTHORITY Abolished 177 AGRICULTURE Act defining agricultural products, etc. amended 392 Commerical feeding stuffs 92 Custodial account for Livestock Sellers Act 350 Georgia Biological Permit Act of 1966 334 Georgia Fertilizer Act of 1960 amended 130 Georgia Food Act amended, misbranding 180 Inspection of honeybee colonies 192 Registration, License and Permit Act 307 State Institutional Farms Division 734 AIR POLLUTION Tax exemption of facilities to reduce, proposed amendment to the Constitution 993

Page 1150

AIR POLLUTION STUDY COMMITTEE Created 418 ALAPAHA JUDICIAL CIRCUIT Compensation, etc. of solicitor general 436 ALBANY, CITY OF Elections 3209 ALBANY-DOUGHERTY HOSPITAL AUTHORITY Vacancies 3067 ALCOHOLIC BEVERAGES Control in certain counties (14,486-14,540) 340 Employment of minors where sold in certain counties (500,000 or more) 237 ALIMONY Amount and duration 160 ALMA, CITY OF Bacon CountyCity of Alma Joint Planning Commission 2321 ALPHARETTA, CITY OF City council 2068 AMERICUS, CITY COURT OF Salaries of judge and solicitor 2425 AMERICUS, CITY OF Business licenses 2386 Employees' retirement Act amended 3118 Land conveyance authorized 422 ANNEXATION Annexation to municipalities by petition 409 APPELLATE PROCEDURE ACT OF 1965 Amended 493 Pauper's affidavit 723

Page 1151

APPLING COUNTY Commissioners of roads and revenues, referendum 2754 APPLING COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 797 APPROPRIATIONS Appropriations to obtain funds from Federal government, proposed amendment to the Constitution 1078 General appropriations Act amended 27 General appropriations Act amended, Department of Corrections 41 Supplementary Appropriations Act 31 Supplementary Appropriations Act, Game and Fish Commission 42 ARCHIVES AND HISTORY Branch depository 461 AREA SCHOOL DISTRICTS Authorized, proposed amendment to the Constitution 1026 ARLINGTON, CITY OF Charter amended 2795 ARMED FORCES PERSONNEL Income tax exemption 523 Suspension of income taxes ratified 578 ART COMMISSION Georgia Art Commission Act amended 459 ASHBURN, CITY OF Corporate limits 2898 Elections 3191 ATHENS, CITY OF Charter amended 2860 City of Athens-Clarke County Charter Commission, proposed amendment to the Constitution 1050 Deputy registrars 3425

Page 1152

ATKINSON COUNTY Compensation, etc. of solicitor general 436 Sheriff placed on salary basis 2205 ATKINSON COUNTY, COUNTY COURT OF Abolished, referendum 2107 Qualifications of judge 3327 ATLANTA, CITY OF City of Atlanta-Fulton County recreation authority Act amended 2848 Corporate limits 3405 , 3431 Corporate limits, referendums 3337 Metropoliton Area Water Quality Control Commission 3346 ATLANTA JUDICIAL CIRCUIT Assistant solicitors general 3 ATTORNEYS-AT-LAW Qualifications of applicants for admission to bar, examinations 274 ATTORNEY GENERAL Assistant attorneys general 43 Compensation 165 AUDITS Audits of funds to counties for construction, etc. of public roads 203 Audits of funds to municipalities for construction of streets, etc. 249 AUGUSTA, CITY OF Assessments for street improvements 3065 Compensation of law enforcement offices 2813 Corporate limits 3076 Employees' pension fund Act amended 2761 Employees' retirement 2347 , 3351 System of sprinkling streets 2803 AUGUSTA, MUNICIPAL COURT OF Salaries, etc. 3312

Page 1153

AUGUSTA, TRUSTEES OF MASONIC HALL Charter amended 3205 AUSTELL, CITY OF Charter amended 3060 B BACON COUNTY Bacon County-City of Alma Joint Planning Commission 2321 Salary of chairman of commissioners of roads and revenue 2223 BAINBRIDGE, CITY COURT OF Sheriff's compensation 2297 BAINBRIDGE, CITY OF Number of aldermen 2434 BAINBRIDGE STATE PARK Easement of land to United States 490 BALDWIN COUNTY Sheriff placed on salary basis 2981 BANKS AND BANKING Banking Law of Georgia amended 590 Private banks 691 Regulated certificated Bank Act 692 Taxes on bank shares 284 Uninvested trust funds 468 BANKS COUNTY Commissioners of roads and revenue 3017 Sheriff placed on salary basis 2086 BAPTIST CHURCH AT BUCK HEAD Charter amended 2713 BARBERS State Board of Barbers Act amended 312

Page 1154

BAR EXAMINATIONS Qualifications of applicants, etc. 274 BARFIELD, GRADY Compensation for damages 2681 BARROW COUNTY Barrow County School System, proposed amendment to the Constitution 1017 BARROW COUNTY SCHOOL SYSTEM Created 3367 BARTOW COUNTY Cartersville-Bartow Airport Authority 2270 BASEBALL Sale of tickets regulated 207 BASKETBALL Sale of tickets regulated 207 BAXLEY, CITY OF Taxes to pay bonded indebtedness 3072 BEES Inspection of honeybee colonies 192 BELL, WILLIAM T. Compensation for damages 2670 BEN HILL COUNTY Clerk of superior court placed on salary basis 2197 Solicitor general placed on salary basis 110 BERRIEN COUNTY Compensation, etc. of solicitor general 436

Page 1155

BIBB COUNTY Group insurance for employees, proposed amendment to the Constitution 835 Pension plan Act amended 2877 Pension plan, etc., proposed amendment to the Constitution 881 Recreational facilities, proposed amendment to the Constitution 830 Water and Sewerage Authority 2737 BIBB COUNTY, STATE COURT OF Name changed from City Court of Macon 3302 BIOLOGICAL PERMIT ACT OF 1966 Enacted 334 BLACKSHEAR, CITY OF Election, terms, etc. of aldermen 2538 BLECKLEY-COCHRAN INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1042 BLOOD TESTS Uniform Act regulating traffic on highways amended 70 BLUE RIDGE JUDICIAL CIRCUIT Clerical assistance for judge 119 BONDS Revenue Bond Law amended 48 State Hospital Authority Act amended 302 Validation of general obligation bonds 76 BOSWELL, MRS. PATRICIA NELL Compensation for damages 2692 BOWMAN, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. BREMEN, CITY OF Corporate limits 3286 BROCK, WILLIAM MYERS Compensation for damages 2690

Page 1156

BROOKS COUNTY Sheriff placed on salary basis 2166 BROOKS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 870 BROWN, JOHNNY A. Compensation for damages 3334 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Amendment to Constitution amended, proposed amendment to the Constitution 910 BRUNSWICK, CITY OF Downtown Brunswick, proposed amendment to the Constitution 929 BRUNSWICK JUDICIAL CIRCUIT Assistant court reporter 73 BRYAN COUNTY Treasurer's salary 2601 BULLOCH COUNTY Clerical help for clerk of superior court 3326 Statesboro and Bulloch County Development Authority, proposed amendment to the Constitution 1002 BUNCH, JOE B. Compensation for damages 2711 BURCH, MRS. OLA Compensation for damages 2676 BURKE COUNTY Sheriff placed on salary basis 2127 BURKE SUPERIOR COURT Terms 109

Page 1157

BUTTS COUNTY Clerical assistance for ordinary 2554 Clerical assistance for tax collector 2398 Salaries of commissioners of roads and revenue 2396 Sheriff's salary, etc. 2275 C CALDWELL, LT. T. E. Compensation for damages 2674 CALHOUN COUNTY Sheriff's salary, etc. 2216 CAMDEN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 884 CARTERSVILLE-BARTOW AIRPORT AUTHORITY Created 2270 CATOOSA COUNTY Board of tax administrators, proposed amendment to the Constitution 944 Board of utility commissioners 2003 Clerical assistance for tax commissioner 2072 Clerical assistant to commissioner of roads and revenue 2335 Clerical help for ordinary and clerk of superior court 2515 Sheriff placed on salary basis 2663 CATOOSA COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 781 CENTERVILLE, CITY OF Elections 3047 CENTRAL COMPUTERIZED CRIMINAL RECORDS STUDY COMMITTEE Created 419 CHAMBLEE, CITY OF Taxes 3148

Page 1158

CHATHAM COUNTY Clerk of superior court's bond 2452 Sheriff's bond 2423 CHATTAHOOCHEE COUNTY Business licenses, etc. 2857 Business licenses, proposed amendment to the Constitution 1063 Compensation of solicitor-general, etc. 18 Compensation of tax commissioner 3393 Sheriff's salary Act amended 2805 Superior court judges' supplement 98 CHATTAHOOCHEE JUDICIAL CIRCUIT Compensation of solicitor-general, etc. 18 Judges' supplement 98 CHATTOOGA COUNTY Compensation of clerk of superior court 2643 Compensation of deputy sheriffs and jailer 3325 Compensation of sheriff 2590 CHATTOOGA COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 804 CHEROKEE COUNTY Board of education, proposed amendment to the Constitution 1074 Clerical assistance for judge of superior court 119 Compensation, etc. of named offices, deputies and clerks 2596 Compensation of commissioner of roads and revenue and clerk 2150 Repeal of resolutions regarding title to land 193 CHEROKEE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 938 CITY COURTS See also named city court. Clerks of solicitors in certain counties (135,000-140,000) 3358 CITY COURT OF AMERICUS Salaries of judge and solicitor 2425 CITY COURT OF BAINBRIDGE Compensation of sheriff 2297

Page 1159

CITY COURT OF COLUMBUS Salaries of judge and solicitor 2636 CITY COURT OF DUBLIN Salaries of judge and solicitor 2503 CITY COURT OF FLOYD COUNTY Offices of assistant solicitor and secretary abolished 2829 CITY COURT OF HABERSHAM Salaries of judge and solicitor 2768 CITY COURT OF JESUP Terms 2875 CITY COURT OF MACON Name changed to State Court of Bibb County 3302 Probation officers 3292 CITY COURT OF NEWNAN Name changed to Civil and Criminal Court of Coweta County 3214 CITY COURT OF PEMBROKE Abolished, referendum 2466 CITY COURT OF REIDSVILLE Judge's salary 2177 CITY COURT OF VALDOSTA Solicitor's salary 3289 CITY COURT OF WARNER ROBINS Jury trials 3203 CITY COURT OF WASHINGTON COUNTY Salaries of judge and solicitor 2615 CITY COURT OF WAYNESBORO Terms 3078

Page 1160

CITY COURT OF WRIGHTSVILLE Compensation of solicitor 2565 CIVIL AND CRIMINAL COURT OF COBB COUNTY Act amended 2904 CIVIL AND CRIMINAL COURT OF COWETA COUNTY Name changed from City Court of Newnan 3214 CIVIL COURT OF FULTON COUNTY Costs, etc. 3295 CIVIL PRACTICE ACT Enacted 609 CLARKE COUNTY Board of education, proposed amendment to the Constitution 834 City of Athens-Clarke County Charter Commission, proposed amendment to the Constitution 1050 School district tax rate 3400 Sheriff placed on salary basis 2113 Treasurer's salary 2508 CLARKE COUNTY SCHOOL DISTRICT Additional members 3114 CLAXTON, CITY OF See tabular index-Municipalities-Home Rule Amendments. CLAY COUNTY Compensation of solicitor general 13 Sheriff placed on salary basis 2250 CLAYTON COUNTY Commissioners of roads and revenue 3138 Commissioners of roads and revenues, bonds, audits 2723 Name of militia district 3168 Office of treasurer abolished 3055 Purchasing agent 2277 Tax to promote industry, proposed amendment to the Constitution 875 Water Authority, powers 3107

Page 1161

CLAYTON JUDICIAL CIRCUIT Salary of court reporter 69 CLERKS OF THE SUPERIOR COURTS RETIREMENT ACT Amended, delinquent payments 222 CLINCH COUNTY Compensation, etc. of solicitor-general 436 COBB COUNTY Act placing officers on salaries amended 2075 Boards of fire commissioners 2801 Business licenses 2070 Compensation of school board, proposed amendment to the Constitution 1032 County manager, proposed amendment to the Constitution 763 Medical examiner 3406 Metropolitan Atlanta Rapid Transit Authority Act amended 3264 Planning and zoning commission, proposed amendment to the Constitution 877 Salaries of deputy sheriffs 2585 Salaries of tax commissioner and chief clerk 3276 Sidewalks, proposed amendment to the Constitution 852 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Act amended 2904 COBB JUDICIAL CIRCUIT Salaries 107 COCHRAN, CITY OF Bleckley-Cochran Industrial Development Authority, proposed amendment to the Constitution 1042 CODE REVISION COUNCIL Created 586 COHUTTA TALC CORPORATION Exchange of mineral rights in Murray County 300

Page 1162

COLLEGE PARK, CITY OF Charter amended 2757 COLQUITT, CITY OF Corporate limits, referendum 2867 COLQUITT COUNTY Sheriff's compensation 2036 COLUMBIA COUNTY Streets, sidewalks, etc., proposed amendment to the Constitution 858 COLUMBUS AND MUSCOGEE COUNTY BUILDING COMMISSION Created, proposed amendment to the Constitution 946 COLUMBUS, CITY COURT OF Salaries of judge and solicitor 2636 COLUMBUS, CITY OF See also tabulator indexMunicipalitiesHome Rule Amendments. Combined government with Muscogee County, proposed amendment to the Constitution 879 Muscogee County-City of Columbus, tax assessors, proposed amendment to the Constitution 894 COLUMBUS, MUNICIPAL COURT OF Salaries, jurisdiction, costs, etc. 3030 Salary of marshal 2645 COMMERCIAL CODE Amended 168 COMMERCIAL FEEDING STUFFS Inspection fees, etc. 92 COMMISSION ON THE STATUS OF WOMEN Created 605

Page 1163

COMPENSATION Compensation for injuries, etc. sustained in preventing crime, etc. 1048 COMPTROLLER GENERAL Pre need Funeral Service Contract Act 398 CONCENTRATED COMMERCIAL FEEDING STUFFS Inspection fees, etc. 92 CONTRACTORS BONDS Bonds when repairing, etc. public buildings in certain counties (150,000-175,000) 123 CONTRACTS Infants 291 COOK COUNTY Compensation, etc. of solicitor-general 436 Sheriff placed on salary basis 2233 CORDELE, CITY OF Bonds for street construction, etc., proposed amendment to the Constitution 750 CORDELE JUDICIAL CIRCUIT Solicitor-general placed on salary basis 110 CORNELIA, CITY OF Compensation of city commission, referendum 2625 Elections, referendum 3144 Eminent domain, etc. referendum 3102 Salary of city manager, referendum 2404 CORPORATIONS Time of advertising application, etc. 231 CORPORATIONS, PUBLIC Creation, etc., proposed amendment to the Constitution 991 CORRECTIONS, DEPARTMENT OF Appropriations 41

Page 1164

CORRECTIONS, STATE BOARD OF Salary of director 121 COSMETOLOGY State Board of Cosmetology Act amended 195 COSTS OF CARE OF PERSONS IN STATE INSTITUTIONS Act providing for costs of care 143 COUNTIES Audits of funds for construction, etc. of public roads 203 Intent of 1965 proposed amendment to the Constitution, proposed amendment to the Constitution 869 COUNTY BOARDS OF HEALTH Appointment in certain counties (160,000-250,000) 153 COUNTY COURT OF ATKINSON COUNTY Abolished, referendum 2107 Qualifications of judge 3327 COUNTY GOVERNMENTS Powers, proposed amendment to the Constitution 1066 COUNTY OFFICERS Act placing officers in certain counties on salaries amended (135,000-140,000) 3355 COUNTY SURVEYORS Qualifications, etc. 225 COUNTY TREASURERS Compensation in certain counties (2,750-3,250) 2530 Compensation in certain counties (100,000-130,000) 2823 COURT BAILIFFS Compensation 442 COURT OF APPEALS Judges' salaries 72

Page 1165

COVINGTON, CITY OF Charter amended 2437 COWETA COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Newnan 3214 COWETA COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1101 CRAWFORD COUNTY Consolidation of offices of clerk of superior court and ordinary, proposed amendment to the Constitution 795 CRAWFORDVILLE, CITY OF Hours of holding elections 3074 CRIMES Dangerous Drug Act amended 371 Flight from State to avoid prosecution 432 Identification of motor vehicles and parts 188 Identification of registry of ships, etc. 26 Larceny of motor vehicles and parts 555 Litter on highways 342 Motor vehicle identifying numbers 10 Possession of lottery tickets, etc. 129 Secondary security deeds, etc. 574 Sale of tickets to named public events 207 Stealing, etc. trade secrets 425 Use of flashing blue lights on motor vehicles 208 CRIMINAL COURT OF FULTON COUNTY Investigators 2463 CRIMINAL PROCEDURE Arrest powers of university system security personnel 370 Bail in misdemeanor cases 428 Bonds, arraignment, witnesses, etc. 430 Effect of owning, etc. wagering occupational tax stamp 559 Punishment for larcenies 435 Revocation of probation 440 Searches and seizures 567 CRISP COUNTY Named officers placed on salary basis 2428 Solicitor general placed on salary basis 110

Page 1166

CRUMP, GARNER D. Land conveyance authorized 269 CUMBERLAND SOUND Use of power drawn nets 270 CUSTODIAL ACCOUNT FOR LIVESTOCK SELLERS ACT Enacted 350 D DADE COUNTY Clerical expense of ordinary 2229 Compensation, etc. of tax commissioner 2568 Compensation of commissioner of roads and revenue and clerk 2505 Sheriff placed on salary basis 2193 DALLAS, CITY OF Charter amended 3386 DALTON, CITY OF Corporate limits 2870 Employees' pension plan 2946 Punishment in recorder's court 3211 DANGEROUS DRUGS Act regulating sale, etc. amended 371 DAWSON COUNTY Sheriff placed on salary basis 2252 DAY CARE CENTERS Operations, etc. 374 DEALERS IN USED MOTOR VEHICLE PARTS REGISTRATION ACT Enacted 471 DEARING, TOWN OF Terms of mayor and councilmen 2066

Page 1167

DECATUR COUNTY Sheriff placed on salary basis 2134 DEEDS Infants 291 DEEDS TO SECURE DEBTS Charges and interest on secondary security deeds, etc. 574 DEKALB COUNTY Assistant solicitors general 134 Compensation of commissioners of roads and revenues 2855 Compensation of superior court court reporter 454 Merit system council 3051 Metropolitan Area Water Quality Control Commission 3346 Salaries of county officers 2301 School board districts 2810 Systems of garbage disposal, proposed amendment to the Constitution 828 DENTON, CITY OF Incorporated, referendum 2352 DEPARTMENT OF AGRICULTURE REGISTRATION, LICENSE AND PERMIT ACT Enacted 307 DEPARTMENT OF LABOR Appropriation of funds 161 DEPARTMENT OF VETERANS SERVICE Gifts, grants, etc. from federal government, etc. 155 DIVORCE AND ALIMONY Amount and duration 160 DOOLY COUNTY Coroner placed on salary basis 2478 Solicitor general placed on salary basis 110 DOUGHERTY COUNTY AlbanyDougherty Hospital Authority, vacancies 3067

Page 1168

DOUGLAS, CITY OF Corporate limits, wards 2729 Land conveyance authorized 580 DOUGLAS COUNTY DouglasvilleDouglas County Development Authority, proposed amendment to the Constitution 891 DouglasvilleDouglas County Industrial Development Authority 2483 Employees' retirement board 2341 Salary of chief deputy clerk of superior court 2556 DOUGLASVILLEDOUGLAS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 891 DOUGLASVILLEDOUGLAS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2483 DRIVERS LICENSES Honorary licenses 546 , 553 DRUG STORE PROPRIETORS Duties respecting pharmacists 294 DRUGS Dangerous drug Act amended 371 DUBLIN, CITY COURT OF Salaries of judge and solicitor 2503 DUBLIN, CITY OF Ad valorem tax rate, etc. 3166 DUBLINLAURENS SCHOOL SYSTEM Created, proposed amendment to the Constitution 872 E EARLY COUNTY Compensation of solicitor general 13 Sheriff placed on salary basis 2029

Page 1169

EAST POINT, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Corporate limits 3316 Resolution authorizing land conveyance 367 EDUCATION Administration of Federal funds by State Board of Vocational Education, proposed amendment to the Constitution 998 Area school districts, proposed amendment to the Constitution 1026 Compensation of county boards of education 447 Compensation of State School Superintendent 394 Curriculum requirements as to conservation repealed 450 Education of children under custody of agencies of State 238 Equalized adjusted school property digest Act amended 449 Georgia Education Improvement Council, members 724 Georgia Higher Education Assistance Corporation Act amended 726 Georgia State Scholarship Commission Act amended 465 Method of selection, powers, etc. of county school boards and superintendents, proposed amendment to the Constitution 761 Minimum foundation program of education Act amended 543 Per diem of members of Georgia Education Improvement Council 434 Salaries of school bus drivers 153 Teachers' retirement system Act amended 562 , 564 EDUCATION, COUNTY BOARDS Audits in certain counties (50,000-75,000) 3200 ELBERT COUNTY DEVELOPMENT AUTHORITY Recreational programs, proposed amendment to the Constitution 1000 ELBERT COUNTYDEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1034 ELECTIONS Assistance to electors 185 Election of senators by districts 561 Qualifications of candidates in primaries 501

Page 1170

Solicitors-general, proposed amendment to the Constitution 987 Superior court judges, proposed amendment to the Constitution 819 Voter registration requirements, proposed amendment to the Constitution 995 EMANUEL COUNTY Land conveyance authorized 255 Sheriff placed on salary basis 2576 EMINENT DOMAIN Just and adequate compensation defined 320 Moving expenses 588 Property adjacent to certain highways, etc., proposed amendment to the Constitution 1070 Service by publication, etc. 248 Service upon non-residents 246 Service upon non-residents under special master Act 388 EMPLOYEES' HEALTH INSURANCE ACT Amended 279 EMPLOYMENT SECURITY LAW Amended, benefits, etc. 526 Amended, real estate salesmen exempted 141 Appropriation of funds 161 EQUAL PAY FOR EQUAL WORK ACT Enacted 582 EQUALIZED ADJUSTED SCHOOL PROPERTY DIGEST ACT Amended, duties of State Auditor 449 EVIDENCE Effect of owning, etc. wagering occupational tax stamp 559 F FAIRBURN, CITY OF Corporate limits 2517

Page 1171

FAMBROUGH, JACK W. Compensation for damages 2679 FAMILY PLANNING SERVICES ACT Enacted 228 FANNIN COUNTY Clerical assistance for judge of superior court 119 FANNIN COUNTY AGRICULTURAL ASSOC., INC. Compensation for damages 2689 FANNIN SUPERIOR COURT Terms 9 FARMINGTON, TOWN OF Terms of mayor and councilmen, etc. 2388 FELONS Rewards for arrest of felons 278 FERTILIZER Fertilizer Act of 1960 amended 130 FIDUCIARIES Income taxes 219 FIREMEN'S PENSION FUND ACT Amended, pensions 242 FIRST CAVALRY DIVISION Monument 489 FISHING LICENSES Fees, etc. 6 FITZGERALD, CITY OF Corporate limits 2647 FLASHING BLUE LIGHTS Use on motor vehicles regulated 208

Page 1172

FLOWERS, L. H. Compensation for damages 2704 FLOYD COUNTY Audits 2872 Budget law 3040 Compensation of comptroller 2343 Salary of assistant solicitor general, clerical assistance 115 Streets, sidewalks, etc., proposed amendment to the Constitution 906 Water, sanitation, etc. districts, proposed amendment to the Constitution 752 FLOYD COUNTY, CITY COURT OF Offices of assistant solicitor and secretary abolished 2829 FLOYD SCHOOL DISTRICT Created, referendum 3129 FOLKSTON, CITY OF Charter amended 2530 FOOTBALL Sale of tickets regulated 207 FORSYTH COUNTY Clerical assistance for judge of superior court 119 Compensation of commissioners of roads and revenue 2608 Compensation of county officers 2292 FORT VALLEY, CITY OF Charter amended 3193 FRANKLIN COUNTY Sheriff placed on salary basis 2169 FREEMAN, WADE E. Land conveyance in Thomas County authorized 193 FULTON COUNTY Board of education pension system amended 3109 Business licenses, proposed amendment to the Constitution 909

Page 1173

City of AtlantaFulton County recreation authority Act amended 2848 Exchange of land authorized 263 Local Education Commission created 3413 Local Government Commission created 3408 Metropolitan Area Water Quality Control Commission 3346 Recreation activities, proposed amendment to the Constitution 924 Sanitary landfills, proposed amendment to the Constitution 925 FULTON COUNTY, CIVIL COURT OF Costs, etc. 3295 FULTON COUNTY, CRIMINAL COURT OF Investigators 2463 FUNERAL SERVICE CONTRACTS Pre-Need Funeral Service Contract Act 398 FUNERAL SERVICES, STATE BOARD OF Funeral directors 377 G GADDIS, M. J. Compensation for damages 2672 GAINESVILLE, CITY OF Retirement fund Act amended 2889 GAME AND FISH Deputy wildlife rangers 151 Employees' uniforms 149 Hunting and fishing licenses 6 Supplementary appropriation 42 Use of power drawn nets in St. Andrews and Cumberland Sounds 270 GARDEN CITY, CITY OF Powers, etc. of mayor and councilmen 2965 GARRETT, EASTER FAYE Compensation for damages 2695

Page 1174

GENERAL APPROPRIATIONS ACT Amended 27 Amended, Department of Corrections 41 Amended, State Highway Department Laboratory Building 215 GENERAL ASSEMBLY Bills relative to retirement, pension or emeritus systems 573 Code revision council 586 Compensation of members, etc. 544 Fiscal affairs subcommittees 293 Senatorial Districts 32 and 33 defined 245 GENERAL OBLIGATION BONDS Procedure to validate 76 GENEVA, TOWN OF New charter 2945 GENONE, ERNEST, JR. Property released from fi. fas. 3268 GEORGE, WALTER FRANKLIN Memorial to commemorate Walter Franklin George 414 GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended 333 Appeals from Board of Examiners in Optometry 299 GEORGIA ART COMMISSION Purpose, members, etc. 459 GEORGIA BIOLOGICAL PERMIT ACT OF 1966 Enacted 334 GEORGIA CIVIL PRACTICE ACT Enacted 609 GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL Members 724 Amended, per diem of members 434

Page 1175

GEORGIA FERTILIZER ACT OF 1960 Amended, renewal of registration 130 GEORGIA FIREMEN'S PENSION FUND ACT Amended, pensions 242 GEORGIA FOOD ACT Amended, misbranding 180 GEORGIA HEALTH CODE Amended, grants for medical facilities 716 Amended, mental health services 380 Publication of information by hospitals, etc. 310 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 726 GEORGIA INSURANCE CODE Amended, grant of licenses 315 Amended, insurance securities 217 Amended, investments 240 Amended, investments by domestic insurers 344 Examination for licenses 283 Pension, etc. contracts 57 GEORGIA MILITARY COLLEGE Conveyance of land authorized 257 GEORGIA MUNICIPAL ASSOCIATION Social security coverage for employees 150 GEORGIA PORTS AUTHORITY Members, quorum, etc. 457 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, compensation of dealers 505 Amended, exemptions on machinery 537 Amended, exempt sales 507 Amended, exempt transactions 211 GEORGIA STATE BOARD OF COSMETOLOGY ACT Amended 195

Page 1176

GEORGIA STATE SCHOLARSHIP COMMISSION Act amended 465 GEORGIA WATER QUALITY CONTROL ACT Amended 316 Amended, grants of funds 328 GEORGIA YOUTH COUNCIL Created 601 GILMER COUNTY Clerical assistance for judge of superior court 119 Compensation of commissioner of roads and revenue, clerk 2541 Sheriff placed on salary basis 2480 GLASCOCK COUNTY Sheriff placed on salary basis 2181 GLORE, CLYDE Compensation for damages 2671 GLYNN COUNTY Brunswick and Glynn County Development Authority, proposed amendment to the Constitution 910 Business licenses 3111 Charter commission, proposed amendment to the Constitution 823 Election of commissioners of roads and revenue, etc. 3216 GLYNN SUPERIOR COURT Assistant court reporter 73 GOLF Sale of tickets to tournaments regulated 207 GORDON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1056 GOVERNOR Rewards for arrest of felons 278

Page 1177

GOVERNOR'S MANSION Authority to dispose of mansion on The Prado 487 GRADUATE NURSES Requirements for registration 289 GRADY COUNTY Land conveyance authorized 365 GRAND JURIES Requirements to make certain inspections repealed 353 GRAY, CITY OF Charter amended 2032 GREEN, CARL Compensation for damages 2687 GREENVILLE, CITY OF Corporate limits, referendum 3403 GRIFFIN, CITY OF Commissioners' salaries 3418 GUYTON, CITY OF Mayor and council 2720 GWINNETT COUNTY Commissioners of roads and revenue, proposed amendment to the Constitution 970 Compensation of commissioners of roads and revenue 2148 Fire protection districts, proposed amendment to the Constitution 856 Metropolitan Area Water Quality Control Commission 3346 Power of clerk of superior court to issue criminal warrants, proposed amendment to the Constitution 1062 H HABERSHAM, CITY COURT OF Salaries of judge and solicitor 2768

Page 1178

HABERSHAM COUNTY Power of board of education to borrow money, proposed amendment to the Constitution 927 HALL COUNTY Act placing officers on salaries amended 2118 Board of commissioners of roads and revenue, referendum 3305 Salary of tax commissioner 2179 School superintendent, proposed amendment to the Constitution 989 HANCOCK COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 809 HANDICAPPED CHILDREN Income tax exemption 239 HAPEVILLE, CITY OF See also tabular indexMunicipalitiesHome Rule Amendments. Corporate limits 3324 Employees etc. retirement 3420 HARALSON COUNTY Clerical help for tax commissioner 2618 Compensation of commissioner of roads and revenue 2133 Sheriff and ordinary placed on salary basis 2259 Treasurer's salary 2226 HARRIS COUNTY Compensation of deputy sheriffs, uniform allowance 2105 Compensation of solicitor general, etc. 18 Salary of tax commissioner 2228 Small claims court created 2986 Superior court judges' supplement 98 HARRISON, CITY OF New charter 2362 HART COUNTY Clerk of superior court and ordinary placed on salary basis 2285 Publication of list of expenditures, compensation of board of finance 2622

Page 1179

HATCHETT, OTIS DAVID Relieved as surety on bond 3366 HAWKINSVILLE, CITY OF Pulaski CountyHawkinsville Development Authority, proposed amendment to the Constitution 744 HEALTH CODE Amended, mental health services 380 HEALTH DEPARTMENT Family Planning Services Act 228 Tests for phenylketonuria, etc. 140 HEALTH, DEPARTMENT OF PUBLIC Day care centers 374 HEARD COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 774 HENDRIX, GLENN Compensation for damages 2669 HENRY COUNTY Board of education, proposed amendment to the Constitution 919 Compensation of members of school board 2807 Superintendent of schools, proposed amendment to the Constitution 922 HENRY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 853 HERNDON, T. R. Compensation for damages 2701 HIGGSTON, TOWN OF Corporate limits, elections 2421

Page 1180

HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended 726 HIGHWAY DEPARTMENT Laboratory building 215 Merit system for employees 295 Moving expenses of persons displaced by certain highway projects 588 Subsistence allowance to certain employees 208 HIGHWAYS Act prohibiting litter on highways amended 342 HOME RULE FOR COUNTIES Intent of 1965 proposed amendment, proposed amendment to the Constitution 869 HOME RULE FOR MUNICIPALITIES Municipal Home Rule Act of 1965 amended 296 HONEYBEE COLONIES Inspection 192 HOREN, MRS. JACQUELYN S. Compensation for damages 2672 HOSPITAL AUTHORITIES Audits in certain counties (50,000-75,000) 2971 HOSPITAL AUTHORITY ACT Amended, bonds 302 HOSPITALS Publication of information, etc. 310 HOTEL KEEPERS Duties, Code repealed 286 HOUSE OF REPRESENTATIVES Compensation of members, etc. 544 Fiscal affairs subcommittee 293

Page 1181

HOUSING AUTHORITY LAW Not applicable in certain municipalities (less than 4,000) located in certain counties (46,400-49,200) 2824 HOUSTON COUNTY Coroner placed on salary 2638 Election of county commissioners 3266 HUNTING LICENSES Fees, etc. 6 HYDE, A. L. Compensation for damages 2697 HYDE, HAROLD Compensation for damages 2697 I IDENTIFICATION OF MOTOR VEHICLES AND PARTS Act regulating, etc. 188 INDUSTRY AND TRADE Powers of Department of Industry and Trade, proposed amendment to the Constitution 1024 INFANTS Deeds and contracts 291 INSTITUTIONAL FARMS State Institutional Farms Division of Department of Agriculture 734 INSURANCE Examinations for licenses 283 Georgia Insurance Code amended, insurance securities 217 Grant of licenses by insurance commissioner 315 Investments by domestic insurers 344 Investments by insurance companies 240 Pension, etc. contracts 57 IRWIN COUNTY Office of tax commissioner created, referendum 2472 Salary of clerk of commissioners of roads and revenue 2496 Sheriff placed on salary basis 2241

Page 1182

J JACKSON, CITY OF Corporate limits, etc. 3121 JACKSON COUNTY Salaries of commissioners of roads and revenue 3423 Sheriff placed on salary basis 2977 JARVIS, J. A. Compensation for damages 3335 JASPER, CITY OF Industrial Development Authority, proposed amendment to the Constitution 1086 JASPER COUNTY Sheriff placed on salary basis 2185 Treasurer's salary 2494 JEFF DAVIS COUNTY Sheriff placed on salary basis 2046 JEFFERSON, CITY OF Corporate limits, referendum 3025 Coroner placed on salary basis 2633 Treasurer's salary 2602 JENKINS COUNTY Sheriff placed on salary basis 2158 JESUP, CITY COURT OF Terms 2875 JESUP, CITY OF Corporate limits, referendum 3099 Salaries of recorder and city manager 2280 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended, board of trustees 539

Page 1183

JURORS Drawing of names 470 JUVENILE COURTS Judges' salaries in certain counties (150,000-175,000) 2553 Judges' salaries in certain counties (250,000-500,000) 3350 K KEA, DEPUTY SHERIFF DESSIE Compensation for damages 2681 KEITH, J. W. Compensation for damages 2684 KENNESAW, CITY OF Charter amended 2049 KNIGHT, MRS. MARJORIE K. Compensation for damages 2709 L LABOR Equal pay for equal work Act 582 LABOR DEPARTMENT Appropriation of funds 161 Employment Security Law amended, benefits, etc. 526 LAMAR SUPERIOR COURT Terms 54 LANIER COUNTY Compensation, etc. of solicitor general 436 Sheriff's salary Act amended 2191 LAURENS COUNTY DublinLaurens School System, proposed amendment to the Constitution 872

Page 1184

LAW DEPARTMENT Assistant attorneys general, etc. 43 Compensation of attorney general 165 LAW LIBRARIES Act authorizing in certain counties amended (108,000-108,900) 2809 Act creating law libraries in certain counties amended (114,000-135,000) 3150 LAWRENCEVILLE, CITY OF Corporate limits 2319 Public billiard and pool rooms 2426 LEE COUNTY Sheriff placed on salary basis 2219 LEE, J. FRANK Compensation for damages 2680 LEE SUPERIOR COURT Terms 53 LEGISLATIVE SERVICES COMMITTEE Code revision council created 586 LIAISON OFFICE IN WASHINGTON, D. C. Committee to study establishment 416 LINCOLN COUNTY Clerk for commissioners of roads and revenue 2620 LITTER ON HIGHWAYS Act prohibiting litter on highways amended 342 LITTLE OCMULGEE STATE PARK Easement to Wheeler County authorized 85 LOTTERY TICKETS Possession a crime 129

Page 1185

LOUISVILLE, CITY OF Charter amended 2588 LOWNDES COUNTY Sheriff placed on salary basis 2021 LUMBER CITY, CITY OF Charter amended 2311 LUMPKIN COUNTY School superintendent, proposed amendment to the Constitution 1058 Sheriff placed on salary basis 2649 LUTHERSVILLE, TOWN OF Corporate limits, referendum 2521 Mc McDUFFIE COUNTY Deputy sheriffs 3081 McGRAW, GORDON J., JR. Compensation for damages 2703 McINTOSH COUNTY Compensation of clerk of superior court 2528 M MACON, CITY OF Condemnation for streets, etc. 2007 Land conveyance authorized 83 MACON, CITY COURT OF Name changed to State Court of Bibb County 3302 Probation officers 3292 MACON COUNTY Salary of ordinary 2534 Salary of tax receiver 2536

Page 1186

MAGNOLIA SPRINGS STATE PARK Land conveyance to United States authorized 87 MARCHIALETTE, WARREN Compensation for damages 2678 MARIETTA, CITY OF Charter amended 2909 Debt for school purposes, proposed amendment to the Constitution 832 MARION COUNTY Compensation of solicitor general, etc. 18 Superior court judges' supplement 98 MARTIN, A. J. Relieved as surety on bond 3365 MARTIN, MRS. HELEN Compensation for damages 3269 MASONIC HALL IN AUGUSTA, TRUSTEES OF Charter amended 3205 MAYSVILLE, TOWN OF Charter amended 3321 MEDICAL EXAMINERS ACT Amended, qualifications, etc. 232 MEDICAL FACILITIES Grants for medical facilities 716 MEDICAL LOANS AND SCHOLARSHIPS Repayment, proposed amendment to the Constitution 1082 MENTAL HEALTH SERVICES Georgia Health Code amended 380 MERIWETHER COUNTY Depositories for county funds 2393 Salaries of county officers, referendum 2266

Page 1187

METROPOLITAN AREA WATER QUALITY CONTROL COMMISSION Created 3346 METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM AUTHORITY Act creating amended 3264 MILLEDGEVILLE, CITY OF Elections 3428 Taxes 3427 MILLER COUNTY Commissioners of roads and revenue, purchasing agent 2063 Compensation of commissioners of roads and revenue 2303 Compensation of sheriff, etc. 3329 Compensation of solicitor general 13 MILLINGS, R. L. Compensation for damages 3274 MILNER, TOWN OF Terms of mayor and councilmen 2641 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, funds 543 Amended, school bus drivers 153 MINORS Employment where alcoholic beverages sold in certain counties (500,000 or more) 237 MITCHELL COUNTY Sheriff placed on salary basis 2236 MITCHELL SUPERIOR COURT Terms 97 MONTGOMERY COUNTY Sheriff placed on salary basis 2120

Page 1188

MONTGOMERY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 899 MONROE, CITY OF Charter amended 2457 MONROE COUNTY Sheriff placed on salary basis 2714 MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 755 MORGAN COUNTY Act placing officers on salary basis amended 3396 Members of board of education, proposed amendment to the Constitution 1060 MORGAN, MISS MARIE Compensation for damages 3336 MOTOR FUEL TAX LAW Amended 61 Watercraft 319 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended, destruction of serial plates 139 MOTOR VEHICLES Ad valorem taxation, etc. 517 Altered or removed identifying numbers, crimes 10 Honorary drivers' licenses 546 , 553 Identification of motor vehicles and parts 188 Information re. stolen motor vehicles, etc. 733 Larceny of motor vehicles and parts 555 Licenses 132 Purchase of license plates, etc. 508 Revocation of operators' and chauffeurs' licenses 12 Speed limits of various vehicles 327 Use of flashing blue lights 208 Used motor vehicle parts dealers registration Act 471 MOULTRIE, CITY OF Charter amended 3180

Page 1189

MUNICIPAL CORPORATIONS Act providing pension plan for officers and employees of certain cities amended (150,000 or more) 2976 , 3002 , 3005 , 3057 , 3106 , 3195 , 3309 Act providing pension plan for firemen in certain cities amended (150,000 or more) 2996 Act providing pensions for members of police departments of certain cities amended (150,000 or more) 3172 Annexation by petition 409 Audits of funds for construction of streets, etc. 249 Joint employees retirement system amended 539 Repair, closing, etc. of buildings in certain cities (300,000 or more) 3089 MUNICIPAL COURT OF AUGUSTA Salaries, etc. 3312 MUNICIPAL COURT OF COLUMBUS Salaries, jurisdiction, costs, etc. 3030 Salary of marshal 2645 MUNICIPAL COURT OF SAVANNAH Judges' compensation 2038 MUNICIPAL HOME RULE ACT OF 1965 Amended 296 Charter amendments adopted by municipalities (See Tabular IndexMunicipalitiesHome Rule Amendments). Reprinted as amended 3439 MURRAY COUNTY Named offices placed on salary basis 2509 Salary of commissioner of roads and revenue 3384 MURRAY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 963 MUSCOGEE COUNTY Columbus and Muscogee County Building Commission, proposed amendment to the Constitution 946 Combined government with City of Columbus, proposed amendment to the Constitution 879

Page 1190

Compensation of ordinary 2164 Compensation of solicitor general, etc. 18 Compensation of tax commissioner 2604 Consolidation of powers with municipalities, proposed amendment to the Constitution 817 Muscogee CountyCity of Columbus tax assessors, proposed amendment to the Constitution 894 Pension fund Act 2010 Salary, etc. of sheriff 2101 Salary of clerk of superior court 2231 Superior court judges' supplement 98 Time of organizing board of commissioners of roads and revenues 2836 N NATIONAL GUARD Honorary drivers' licenses 553 NATURAL AREAS State Council for the preservation of natural areas 330 NEWNAN, CITY COURT OF Name changed to Civil and Criminal Court of Coweta County 3214 NEWTON COUNTY Assistant solicitors general 134 Compensation of superior court court reporter 454 NORCROSS, CITY OF Salaries of mayor and councilmen 2558 NURSES Requirement for registration as a graduate nurse 289 O OAKWOOD, CITY OF New charter 3227 OCILLA, CITY OF Elections 2893

Page 1191

OFFICE BUILDING AUTHORITY ACT Amended, project defined 205 OGLETHORPE COUNTY Board of education, proposed amendment to the Constitution 764 Sheriff placed on salary basis 2110 OGLETHORPE SUPERIOR COURT Terms 52 OPERA Sale of tickets regulated 207 OPTOMETRY, BOARD OF EXAMINERS Appeals under Georgia Administrative Procedure Act 299 ORDINARIES Clerks in certain counties (23,750-23,850) 53 Compensation in certain counties (2,750-3,250) 2736 Compensation in certain counties (28,260-28,750) 2403 OSTEOPATHIC EXAMINERS Qualifications of applicants 346 P PALMETTO, CITY OF New charter 2771 PARADISE, W. H. Compensation for damages 2673 PARKER-WHITE MOTORS Compensation for damages 2712 PATAULA JUDICIAL CIRCUIT Compensation of solicitor general 13 PAULDING COUNTY Salary of tax commissioner 2631 PAUPER'S AFFIDAVIT Contest of truth of pauper's affidavit 723

Page 1192

PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Amended 395 PELHAM, CITY OF Authority to alter, etc. streets 2964 PEMBROKE, CITY COURT OF Abolished, referendum 2466 PEPPERTON, TOWN OF Charter repealed 3127 PERRY, CITY OF Salaries of councilmen 3049 PHARMACISTS Duties of drug store proprietors 294 PHENYLKETONURIA Tests for newborn infants 140 PICKENS COUNTY Clerical assistance for judge of superior court 119 Compensation, etc. of commissioner of roads and revenue, clerk 2593 Sheriff placed on salary basis 2138 PICKENS SUPERIOR COURT Terms 10 PIERCE COUNTY Sheriff's salary, deputy sheriffs 2570 PIKE COUNTY Compensation of commissioners of roads and revenue 2821 Salary of clerk of commissioners of roads and revenue 2820 POLK SCHOOL DISTRICT Created, proposed amendment to the Constitution 1092 PORTAL, TOWN OF Elections 2825

Page 1193

PORTS AUTHORITY Georgia Ports Authority Act amended 457 POWDER SPRINGS, CITY OF Charter amended 3196 PRACTICE AND PROCEDURE Adoption Law amended 212 Amendment of pleadings, etc. 451 Appellate Procedure Act of 1965 amended 493 Contest of truth of pauper's affidavit 723 Contribution among trespassers 433 Corporations, time of advertising application, etc. 231 Divorce and alimony 160 Drawing of names of jurors 470 Eminent domain, service by publication, etc. 248 Eminent domain, service upon non-residents 246 Georgia Administrative Procedure Act amended 299 , 333 Georgia Civil Practice Act 609 Incorporation and organization of trust companies, etc. 463 Judgments as liens on real estate 142 Jurisdiction over persons doing business in Georgia 343 Prima facie evidence lottery 559 Probate of wills 455 Quiet title proceedings 443 Revenue Bond Law amended 48 Satisfaction of executions, etc. 408 Searches and seizures 567 Service upon non-residents under special master Act 388 Subpoenas, etc. 502 Tort liability of parents, etc. for wilful acts of children 424 Traffic violations bureau Act 381 Uniform Commercial Code amended 168 Uniform Simultaneous Death Act 606 Validation of general obligation bonds 76 Witness fees of law enforcement officers in certain counties 179 PRE-NEED FUNERAL SERVICE CONTRACT ACT Enacted 398 PRIMARY ELECTIONS Qualification of candidates 501 PRIVATE BANKS Act prohibiting operation 691

Page 1194

PROBATE OF WILLS Procedure 455 PROBATION Revocation, Statewide Probation Act amended 440 Salaries of members of State Board of Probation 56 PUBLIC CORPORATIONS Creation, etc. proposed amendment to the Constitution 991 PUBLIC HEALTH, DEPARTMENT OF Day care centers 374 Grants for medical facilities 716 PUBLIC SAFETY, DEPARTMENT OF Honorary drivers' licenses 546 , 553 Information re. stolen automobiles, etc. 733 Markings on vehicles used to enforce traffic laws 166 Revocation of operators' and chauffeurs' licenses 12 Uniform Act Regulating Traffic on Highways amended, cost of blood tests 70 PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE Taxation, proposed amendment to the Constitution 1080 PULASKI COUNTY Compensation of ordinary 2305 Salary of clerk of superior court 2175 PULASKI COUNTYHAWKINSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 744 Q QUIET TITLE PROCEEDINGS Practice and procedure 443 QUITMAN COUNTY Compensation of solicitor general 13

Page 1195

R RABUN COUNTY Salary of ordinary 2218 RAMEY, CLAYTON Compensation for damages 2694 RANDOLPH COUNTY Compensation of solicitor general 13 Expenses of sheriff's office, etc. 2333 REAL ESTATE SALESMEN Exempted from Employment Security Law 141 REAL PROPERTY Deeds and contracts of infants 291 Perfection of judgments as liens 142 Sale of county owned real property in certain counties (42,050-43,000) 305 REGISTRY OF SHIPS Identification, etc. 26 REGULATED CERTIFICATED BANK ACT Enacted 692 REIDSVILLE, CITY COURT OF Judges' salary 2177 RETIREMENT See also name of system. Bills introduced in General Assembly 573 REVENUE BOND LAW Amended 48 REVENUE COMMISSIONER Equalization of taxable values between counties 45

Page 1196

REWARDS Rewards for arrest of felons 278 RHODEN, L. L., JR. Compensation for damages 2708 RICEBORO, CITY OF Elections, etc. 2331 RICHMOND COUNTY Compensation, of board of education 2103 Construction supervisor and building inspector 3279 Employees' pension Act amended 3360 RINGGOLD, CITY OF Board of utility commissioners 3022 ROBERTS, MRS. FLORENCE EULINE Compensation for damages 3271 ROCKDALE COUNTY Assistant solicitors general 134 Compensation of commissioner of roads and revenue 2042 Compensation of superior court court reporter 454 Debt limitation, proposed amendment to the Constitution 918 Executive assistant to commissioner of roads and revenue 2045 Metropolitan Area Water Quality Control Commission 3346 Sheriff placed on salary basis 2039 ROCKER, BOBBY GENE Compensation for damages 2667 ROCKMART, TOWN OF Elections 2827 ROME, CITY OF Board of education 2815 City commissioners, election, salaries, etc. 2382 Election of commissioners 2375 Elections 3083 Voter qualifications 3069 Wards 2379

Page 1197

ROME JUDICIAL CIRCUIT Law Books 2706 Salary of assistant solicitor general, clerical assistance 115 ROYSTON, CITY OF Election of mayor and councilmen 2338 S SAILORS, DANIEL L. Compensation for damages 2705 ST. ANDREWS SOUND Use of power drawn nets 270 ST. MARYS, CITY OF Authority to borrow money 2900 ST. STEPHENS CHURCH Lease of land authorized 89 SANDERSVILLE, CITY OF Water and light commission abolished 2832 Zoning 2308 SAVANNAH DISTRICT AUTHORITY Members 2544 SAVANNAH ELECTRIC AND POWER CO. Easement in Chatham County authorized 125 SAVANNAH, MUNICIPAL COURT OF Judges' compensation 2038 SCHOLARSHIPS Georgia State Scholarship Commission Act amended 465 SCHOOL BUS DRIVERS Salaries 153

Page 1198

SEARCHES AND SEIZURES Practice and procedure 567 SECRETARY OF STATE Branch depository of department of archives and history 461 SECURITIES Insurance securities 217 SECURITY DEEDS Charges and interest on secondary security deeds, etc. 574 SEMINOLE COUNTY Compensation of solicitor general 13 Sheriff placed on salary basis 2058 SENATE Compensation of members, etc. 544 Fiscal affairs subcommittee 293 SENATORIAL DISTRICTS Districts 32 and 33 defined 245 SENATORS Election by districts 561 SENOIA, CITY OF See tabular indexMunicipalitiesHome Rule Amendments. SHERIFFS Compensation of employees in certain counties (135,000-140,000) 3301 Equipment, etc. of sheriffs in certain counties (2,750-3,250) 3137 SHIPS Identification of registry, etc. 26 SIMULTANEOUS DEATH ACT Uniform Act enacted 606

Page 1199

SMALL CLAIMS COURTS Created in certain counties (6,825-6,925) 3372 Created in certain counties (13,160-13,200) 2838 SMITH, ED LONZO Compensation for damages 3275 SMITH, SAMUEL RUSHING Compensation for damages 3270 SMYRNA, CITY OF Corporate limits 3219 , 3433 SOLICITORS-GENERAL Compensation of clerks in certain counties (135,000-140,000) 2607 Election, proposed amendment to the Constitution 987 Expense allowance 438 SOLICITORS GENERAL RETIREMENT FUND OF GEORGIA ACT Amended, creditable service 210 SONOCO PRODUCTS COMPANY Lease of land authorized 354 SPALDING COUNTY Act placing officers on salaries amended 2210 Compensation of commissioners of roads and revenue 2498 Compensation of tax commissioner 2659 Salary of coroner 2561 STATE AUDITOR Equalized adjusted school property digest Act amended 449 STATE BOARD OF BARBERS ACT Amended, qualifications for registration 312 STATE BOARD OF FUNERAL SERVICES Funeral directors 377 STATE BOARD OF MEDICAL EXAMINERS ACT Amended, qualifications, etc. 232

Page 1200

STATE BOARD OF OSTEOPATHIC EXAMINERS Qualifications of applicants 346 STATE BOARD OF PHARMACY Appointment of members 254 STATE BOARD OF WORKMEN'S COMPENSATION Salaries of members 17 STATE COUNCIL FOR THE PRESERVATIONS OF NATURAL AREAS Created 330 STATE COURT OF BIBB COUNTY Name changed from City Court of Macon 3302 STATE EMPLOYEES' HEALTH INSURANCE ACT Amended 279 STATE GAME AND FISH COMMISSION See Game and Fish. STATE HIGHWAY DEPARTMENT Laboratory building 215 Merit system for employees 295 Subsistence allowance to certain employees 208 STATE HOSPITAL AUTHORITY ACT Amended, bonds 302 STATE INSTITUTIONAL FARMS Division of Department of Agriculture 734 STATE INSTITUTIONS Costs of care of persons in State institutions 143 STATE OFFICE BUILDING AUTHORITY ACT Amended, project defined 205 STATE PROPERTIES CONTROL COMMISSIONER Authority to dispose of Governor's mansion on The Prado 487 Authority to lease property in Baldwin County 81 Land conveyance in Whitfield County authorized 368 STATE SCHOOL SUPERINTENDENT Compensation 394 STATESBORO AND BULLOCH COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1002

Page 1201

STATESBORO, CITY OF Terms of mayor and councilmen, referendum 2316 STATEWIDE PROBATION ACT Amended, revocation of probation 440 Salaries of board 56 STEPHENS COUNTY Clerical help for ordinary 2291 Employees of clerk of superior court 2346 Terms of commissioners of roads and revenue, referendum 2628 STERILIZATION Voluntary Sterilization Act 453 STEWART COUNTY Sheriff placed on salary basis 2573 STONE MOUNTAIN JUDICIAL CIRCUIT Assistant solicitors general 134 Compensation of court reporter 454 STRUCTURAL PEST CONTROL ACT Amended 171 SUBPOENAS Practice and procedure 502 SUMTER COUNTY Salary of ordinary 2563 SUPERIOR COURT CLERKS RETIREMENT FUND Delinquent payments into fund 222 SUPERIOR COURT JUDGES EMERITUS Compensation when serving in certain counties (500,000 or more) 72 SUPERIOR COURTS See also Superior Courts in tabular index. Election of judges, proposed amendment to the Constitution 819

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SUPPLEMENTARY APPROPRIATIONS ACT Enacted 31 Game and Fish 42 SUPREME COURT Justices' salaries 72 SURVEYORS Qualifications, etc. of county surveyors 225 SWAINSBORO, CITY OF Charter amended 3152 SYCAMORE, CITY OF Corporate limits 3053 T TALBOT COUNTY Compensation of commissioners of roads and revenue 2153 Compensation of sheriff, etc. 2408 Compensation of solicitor general, etc. 18 Compensation of tax commissioner 2214 Superior court judges' supplement 98 TALIAFERRO COUNTY Sheriff placed on salary basis 2262 TANNER, BENJAMIN CLINTON Compensation for damages 2668 TATTNALL COUNTY Board of education, proposed amendment to the Constitution 889 Compensation of commissioners of roads and revenue 2255 Sheriff placed on salary basis 2155 TAX COLLECTORS Motor vehicle license plates, etc. 508 TAXATION Collection of ad valorem taxes on motor vehicles, etc. 517 Compensation of dealers under sales and use tax Act 505

Page 1203

Equalization of taxable values between counties 45 Exempt sales under sales and use tax Act 507 Exempt transactions under sales and use tax Act 211 Exemption of facilities to reduce air or water pollution, proposed amendment to the Constitution 993 Exemptions on machinery under sales and use tax Act 537 Income of armed forces personnel 523 Income tax exemption for handicapped children 239 Income taxes, fiduciaries 219 Income taxes, property used for gambling 224 Income taxes, student dependents 271 Interest on ad valorem taxes in certain counties (300,000 or more) 253 Motor Fuel Tax Law amended 61 Motor fuel taxes, watercraft 319 Motor vehicle license plates 508 Payment of taxes in installments in certain counties (180,000-250,000) 128 Payment of taxes in installments in certain counties (250,000-500,000) 105 Public transportation of passengers for hire, proposed amendment to the Constitution 1080 Registration and licensing of trailers 252 Suspension of certain income taxes (armed forces personnel) ratified 578 Suspension of certain sales taxes ratified 265 , 268 Suspension of certain use taxes ratified 267 Tax digests, etc. 393 Taxes on bank shares, etc. 284 TAYLOR COUNTY Compensation of solicitor general, etc. 18 Superior court judges' supplement 98 TEACHERS' RETIREMENT SYSTEM ACT Amended 513 , 562 , 564 TERRELL COUNTY Board of commissioners of roads and revenue 2610 Compensation of solicitor general 13 THOMAS COUNTY Compensation for damages 2682 Fire protection districts 2853 THOMASTON, CITY OF Charter amended 2412

Page 1204

THOMSON, CITY OF Corporate limits 3007 Sale of city property 2141 THOMASVILLE, CITY OF See tabular indexMunicipalities Home Rule Amendments. THUNDERBOLT, TOWN OF Charter amended 2883 TIFT COUNTY Compensation of tax commissioner 2410 Superior court clerk's salary Act amended 3125 TOOMBS COUNTY Salary of clerk of commissioners of roads and revenue 2283 TOOMBS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 787 TORT LIABILITY OF PARENTS Wilful acts of children 424 TRADE SECRETS Stealing 425 TRAFFIC SIGNALS Uniform Act Regulating Traffic on Highways amended 183 TRAFFIC VIOLATIONS BUREAU ACT Enacted 381 TRAILERS Registration and licensing 252 TRAVIS, REV. JAMES L. Compensation for damages 2699 TRESPASSERS Contribution among trespassers 433

Page 1205

TREUTLEN COUNTY Sheriff placed on salary basis 2080 TREUTLEN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 838 TRUCK LICENSES Fees, etc. 133 TRUST COMPANIES Incorporation and organization 463 Uninvested trust funds 468 TRUSTEES OF MASONIC HALL IN AUGUSTA Charter amended 3205 TWIGGS COUNTY Sheriff placed on salary basis 2546 U UNEMPLOYMENT COMPENSATION LAW Amended, benefits, etc. 526 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, lights on law enforcement vehicles in certain counties (150,000-175,000) 176 Amended, cost of blood tests 70 Amended, traffic signals, etc. 183 Amended, vehicles used to enforce traffic laws 166 Use of flashing blue lights 208 UNIFORM COMMERCIAL CODE Amended 168 UNIFORM SIMULTANEOUS DEATH ACT Enacted 606 UNIVERSITY SYSTEM Arrest powers of security personnel 370

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UPSON COUNTY Ordinary placed on salary basis 2091 URBAN REDEVELOPMENT LAW Amended, applicable to certain counties (150,000-175,000) 157 USED MOTOR VEHICLE PARTS Dealers' registration Act 471 USURY Secondary security deeds, etc. 574 V VALDOSTA, CITY COURT OF Solicitor's salary 3289 VAUGHTER, ALAN Compensation for damages 2688 VETERANS SERVICE, STATE DEPARTMENT OF Gifts, grants, etc. from federal government, etc. 155 VIDALIA, CITY OF Corporate limits 2765 VIDALIA DEVELOPMENT AUTHORITY Activities in Montgomery County, proposed amendment to the Constitution 997 VOLUNTARY STERILIZATION ACT Enacted 453 W WADLEY, CITY OF Elections 2865 Voter registration 3087

Page 1207

WALRAVEN, WILLIAM Compensation for damages 2698 WALTON COUNTY Compensation of tax commissioner, etc. 2525 Salaries, etc. of clerk of superior court and ordinary 2655 WARD, MR. AND MRS. RANDOLPH E. Compensation for damages 2675 WARDENS AND VESTRY OF ST. STEPHENS CHURCH Lease of land authorized 89 WARE COUNTY Board of education, proposed amendment to the Constitution 896 Publication of lists of receipts and expenditures 2902 Tax collector's compensation, etc. 2097 WARM AIR HEATING CONTRACTORS Act regulating applicable in certain counties (45,274-45,364) 48 WARNER ROBINS, CITY COURT OF Jury trials 3203 WARNER ROBINS, CITY OF Civil service board 3010 WASHINGTON COUNTY, CITY COURT OF Salaries of judge and solicitor 2615 WASHINGTON COUNTY SWEET POTATO ASSOCIATION Compensation for damages 2892 WATER POLLUTION Tax exemption of facilities to reduce, proposed amendment to the Constitution 993 WATER QUALITY CONTROL ACT Amended 316 Amended, grants of funds 328

Page 1208

WAYCROSS, CITY OF Appointment of city clerk, etc. 2759 Elections 3151 Park, tree and zoning commission abolished 3135 WAYNE COUNTY Ordinary placed on salary basis 2391 Tax commissioner placed on salary basis 2582 Tax for industrial development, proposed amendment to the Constitution 821 WAYNE SUPERIOR COURT Terms 118 WAYNESBORO, CITY COURT OF Terms 3078 WHEELER COUNTY Easement to land authorized 85 WHEELER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 767 WHITE COUNTY Compensation of ordinary 2501 WHITEAKER, DOYLE F. Compensation for damages 2710 WHITFIELD COUNTY Group insurance for employees 3284 Hauling and dumping of personal property, proposed amendment to the Constitution 867 WHITTLE, W. L., SR. Compensation for damages 2682 WILCOX COUNTY Sheriff placed on salary basis 2202 Solicitor general placed on salary basis 110 WILKINS, MRS. BERTHA Compensation for damages 3336

Page 1209

WILLIAMS, MR. AND MRS. SAMUEL C. Compensation for damages 2685 WILLS AND ADMINISTRATION OF ESTATES Probate of wills 455 Uniform Simultaneous Death Act 606 WILSON, CHARLES L. Compensation for damages 2702 WITNESS FEES Witness fees of law enforcement officers in certain counties (135,000-140,000) 179 WOMEN Commission on the status of women created 605 WOODBINE, CITY OF, DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 845 WOODBURY, CITY OF Elections, salaries, referendum 3318 WORKMEN'S COMPENSATION BOARD Salaries of members 17 WORTH COUNTY Sheriff placed on salary basis 2245 WORTH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 860 WRIGHTSVILLE, CITY COURT OF Compensation of solicitor 2565 WRINN, RAYMOND J. Compensation for damages 3273

Page 1210

Y YORK, WILLARD Compensation for damages 2693 YOUTH COUNCIL Georgia Youth Council created 601 Z ZEBULON, CITY OF Corporate limits, referendum 3170

Page 1211

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 1212

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 1213

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

Page 1214

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

Page 1215

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

Page 1216

MEMBERS OF THE GENERAL ASSEMBLY GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 48 Barrow 48 Bartow 51 Ben Hill 13 Berrien 8 Bibb 26-27 Bleckley 19 Brantley 6 Brooks 9 Bryan 5 Bulloch 4 Burke 21 Butts 28 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 6 Chatham 1-2-3 Chattahoochee 14 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 44 Clinch 7 Cobb 32-33 Coffee 7 Colquitt 9 Columbia 24 Cook 8 Coweta 30 Crawford 18 Crisp 13 Dade 53 Dawson 49 Decatur 11 DeKalb 41,42,43 Dodge 19 Dooly 19 Dougherty 12 Douglas 31 Early 11 Echols 8 Effingham 4 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 30 Floyd 52 Forsyth 49 Franklin 47 Fulton 34-40 Gilmer 50 Glascock 24 Glynn 5 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 17 Hart 47 Heard 29 Henry 44 Houston 18 Irwin 13 Jackson 48 Jasper 45 Jeff Davis 6 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 28 Lanier 8 Laurens 20 Lee 13 Liberty 5 Lincoln 24 Long 5 Lowndes 8 Lumpkin 49 Macon 17 Madison 46 Marion 17 McDuffie 24 McIntosh 5 Meriwether 29 Miller 11 Mitchell 10 Monroe 28 Montgomery 20 Morgan 45 Murray 54 Muscogee 15-16 Newton 45 Oconee 46 Oglethorpe 46 Paulding 31 Peach 18 Pickens 50 Pierce 6 Pike 28 Polk 31 Pulaski 19

Page 1217

Putnam 45 Quitman 14 Rabun 50 Randolph 14 Richmond 22-23 Rockdale 44 Schley 17 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 14 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 17 Telfair 19 Terrell 14 Thomas 10 Tift 9 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 24 Washington 25 Wayne 6 Webster 14 Wheeler 20 White 50 Whitfield 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 1218

MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1965 - 1966 Name District Post Office Adams, J. W. (Bill) 26th 5046 Wesleyan Woods Dr., P.O. Box 462, Macon, 31202 Ballew, Robert K. 50th P.O. Box 636, Blue Ridge, 30513 Bateman, Oliver C. 27th 247 Candler Dr., Macon, 31204 Broun, Paul C. 46th 520 W. Cloverhurst, Athens, 30601 Carter, Jimmy 14th 1 Woodland Dr., Plains, 31780 Coggin, Frank E. 35th 301-C International Office Park, 1001 Virginia Ave., Hapeville, 30054 Dean, Roscoe Emory, Jr. 6th 612 Cherry St., Jesup, 31545 Downing, Frank O. 1st 24 East Oglethorpe Ave., Savannah, 31401 Edenfield, B. Avant 4th 231 S. Main St., Statesboro, 30458 Eldridge, Frank, Jr. 7th Box 1141, Waycross, 31501 Fincher, Jack C., Sr. 51st 60 Muriel St., Canton, 30114 Fincher, W. W. (Bill) Jr. 54th Green Rd., Chatsworth, 30705 Flowers, William H. 10th P.O. Box 1219, Thomasville, 31792 Foster, Roy G., Jr. 21st Box 327, Wadley, 30477 Gayner, John M., III 5th Sunset Blvd., Country Club Park, Brunswick, 31520 Gillis, Hugh M. 20th Soperton, 30457 Gregory, I. Wm. (Bill) Jr. 15th 1259 Owsley Ave., Columbus, 31906 Hall, J. Battle 52nd Box 1267, Rome, 30162 Hill, Render 29th P.O. Box 246, Greenville, 30222 Holley, R. Eugene 22nd 716 Southern Finance Bldg., Augusta, 30902 Holloway, A. W. (Al) 12th P.O. Box 588, Albany, 31702 Jackson, Harry C. 16th 1718 - 3rd Ave., Columbus, 31901 Johnson, Ben F. 42nd Emory University Law School, Atlanta, 30307 Johnson, Leroy R. 38th 960 Hunter St., S.W., Suite 207, Atlanta, 30314 Kendrick, Edward S. 32nd Rt. 1, Bells Ferry Rd., Marietta, 30062 Kidd, Culver 25th P.O. Box 796, Milledgeville, 31061

Page 1219

Kilpatrick, Kenneth 44th 134 West Mill St., Jonesboro, 30236 Lee, Robert E., Jr. 47th P.O. Box 548, Elberton, 30635 Loggins, Joseph E. 53rd West Washington St., Summerville, 30747 MacIntyre, Dan I., III 40th 1112 Peachtree St., N.E., Atlanta, 30309 McGill, Sam P. 24th Tignall Rd., Washington, 30673 McKenzie, John T. 17th P.O. Box 271, Montezuma, 31063 Miller, Frank Gilbert 43rd 3361 Rainbow Dr., Decatur, 30032 Minish, Dr. J. Albert 48th Commerce, 30529 Moore, Albert F. 31st 306 S. College St., Cedartown, 30125 Noble, Roy 19th R.F.D. 3, Vienna, 31092 Owens, Erwin 49th Dahlonega, 30533 Padgett, Michael J. 23rd Rt. 2, McBean, 30908 Pennington, Brooks, Jr. 45th Crawford St., Madison, 30650 Plunkett, Lamar R. 30th 50 Morris St., Bowdon, 30108 Rowan, Robert A. (Bobby) 8th Enigma, 31749 Salome, J. M. (Joe) 36th 946 Underwood Ave., S.E., Atlanta, 30316 Sanders, H. E. Gene 41st 1095 Vaughn St., Clarkston Prof Bldg., Clarkston, 30021 Searcey, William A. 2nd 1919 New Mexico St., Savannah, 31404 Smalley, Robert H., Jr. 28th P.O. Box 116, Griffin, 30223 Smith, Stanley E., Jr. 18th Drawer F, 810 Forest Hill Dr., Perry, 31069 Spinks, Ford B. 9th Rt. 1, Tifton, 31794 Thompson, S. Fletcher 34th 2631 Hogan Rd., East Point, 30044 Tribble, Joseph J. 3rd 402 Arlington Rd., Savannah, 31406 Ward, Horace T. 39th 859 Hunter St., N.W., Atlanta, 30314 Webb, Julian 11th Box 277, Donalsonville, 31745 Wesberry, James P., Jr. 37th Box 8087, Atlanta, 30306 Yancey, Kyle 33rd Rt. 2, Austell, 30001 Young, Martin 13th Rt. 2, Rebecca, 31783

Page 1220

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 East Oglethorpe Ave., Savannah 31401 2. William A. Searcey 1919 New Mexico St., Savannah 31404 3. Joseph J. Tribble 402 Arlington Rd., Savannah 31406 4. B. Avant Edenfield 231 S. Main St., Statesboro 30458 5. John M. Gayner III Sunset Blvd., Country Club Park, Brunswick 31520 6. Roscoe Emory Dean, Jr. 612 Cherry St., Jesup 31545 7. Frank Eldridge, Jr. Box 1141, Waycross 31501 8. Robert A. (Bobby) Rowan Enigma 31749 9. Ford B. Spinks Rt. 1, Tifton 31794 10. William H. Flowers P.O. Box 1219, Thomasville 31792 11. Julian Webb Box 277, Donalsonville 31745 12. A. W. (Al) Holloway P.O. Box 588, Albany 31702 13. Martin Young Route 2, Rebecca 31783 14. Jimmy Carter 1 Woodland Dr., Plains 31780 15. I. William (Bill) Gregory, Jr. 1259 Owsley Ave., Columbus 31906 16. Harry C. Jackson 1718 - 3rd Ave., Columbus 31901 17. John T. McKenzie P.O. Box 271, Montezuma 31063 18. Stanley E. Smith, Jr. Drawer F, 810 Forest Hill Dr., Perry 31069 19. Roy Noble RFD 3, Vienna 31092 20. Hugh M. Gillis Soperton 30457 21. Roy G. Foster, Jr. Box 327, Wadley 30477 22. R. Eugene Holley 716 Southern Finance Bldg., Augusta 30902 23. Michael J. Padgett Route 2, McBean 30908 24. Sam P. McGill Tignall Rd., Washington 30673 25. Culver Kidd P.O. Box 796, Milledgeville 31061 26. J. W. (Bill) Adams 5046 Wesleyan Woods Dr., P.O. Box 462, Macon 31202 27. Oliver C. Bateman 247 Candler Dr., Macon 31204 28. Robert H. Smalley, Jr. P.O. Box 116, Griffin 30223 29. Render Hill P.O. Box 246, Greenville 30222 30. Lamar R. Plunkett 50 Morris St., Bowdon 30108 31. Albert F. Moore 306 S. College St., Cedartown 30125 32. Edward S. Kendrick Rt. 1, Bells Ferry Rd., Marietta 30062 33. Kyle Yancey Rt. 2, Austell 30001 34. S. Fletcher Thompson 2631 Hogan Rd., East Point 30044 35. Frank E. Coggin 301-C International Office Park, 1001 Virginia Ave., Hapeville 30054 36. J. M. (Joe) Salome 946 Underwood Ave., S.E., Atlanta 30316 37. James P. Wesberry, Jr. Box 8087 Atlanta 30306 38. Leroy R. Johnson 960 Hunter St., S.W., Suite 207, Atlanta 30314 39. Horace T. Ward 859 Hunter St., N.W., Atlanta 30314

Page 1221

40. Dan I. MacIntyre, III 1112 Peachtree St., N.E., Atlanta 30309 41. H. E. Gene Sanders 1095 Vaughn St., Clarkston Professional Bldg., Clarkston 30021 42. Ben F. Johnson Emory University Law School, Atlanta 30307 43. Frank Gilbert Miller 3361 Rainbow Dr., Decatur 30032 44. Kenneth Kilpatrick 134 West Mill St., Jonesboro 30236 45. Brooks Pennington, Jr. Crawford St., Madison 30650 46. Paul C. Broun 520 W. Cloverhurst, Athens 30601 47. Robert E. Lee, Jr. P.O. Box 548, Elberton 30635 48. Dr. J. Albert Minish Commerce 30529 49. Erwin Owens Dahlonega 30533 50. Robert K. Ballew P.O. Box 636, Blue Ridge 30513 51. Jack C. Fincher, Sr. 60 Muriel St., Canton 30114 52. J. Battle Hall Box 1267, Rome 30162 53. Joseph E. Loggins West Washington St., Summerville 30747 54. W. W. (Bill) Fincher, Jr. Green Road, Chatsworth 30705

Page 1222

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 74 Atkinson 97 Bacon 91 Baker 78 Baldwin 47 Banks 17 Barrow 23 Bartow 14 Ben Hill 72 Berrien 96 Bibb 107-109 Bleckley 71 Brantley 84 Brooks 99 Bryan 65 Bulloch 64 Burke 50 Butts 45 Calhoun 78 Camden 98 Candler 63 Carroll 32 Catoosa 2 Charlton 98 Chatham 113-116 Chattahoochee 56 Chattooga 7 Cherokee 15 Clarke 29 Clay 78 Clayton 35 Clinch 97 Cobb 101-103 Coffee 82 Colquitt 94 Columbia 41 Cook 96 Coweta 33 Crawford 52 Crisp 69 Dade 1 Dawson 10 Decatur 89 DeKalb 117-119 Dodge 70 Dooly 69 Dougherty 79 Douglas 27 Early 86 Echols 97 Effingham 65 Elbert 25 Emnauel 54 Evans 63 Fannin 4 Fayette 35 Floyd 13 Forsyth 10 Franklin 18 Fulton 120-141 Gilmer 9 Glascock 40 Glynn 85 Gordon 8 Grady 90 Greene 38 Gwinnett 22 Habersham 11 Hall 16 Hancock 39 Haralson 26 Harris 100 Hart 19 Heard 33 Henry 36 Houston 59 Irwin 81 Jackson 24 Jasper 46 Jeff Davis 91 Jefferson 49 Jenkins 50 Johnson 48 Jones 46 Lamar 44 Lanier 97 Laurens 60 Lee 67 Liberty 76 Lincoln 31 Long 75 Lowndes 95 Lumpkin 5 Macon 58 Madison 17 Marion 57 McDuffie 40 McIntosh 76 Meriwether 43 Miller 87 Mitchell 88 Monroe 45 Montgomery 61 Morgan 38 Murray 3 Muscogee 110-112 Newton 37 Oconee 30 Oglethorpe 30 Paulding 21 Peach 52 Pickens 9 Pierce 84 Pike 44 Polk 20 Pulaski 71

Page 1223

Putnam 39 Quitman 66 Rabun 6 Randolph 66 Richmond 104-106 Rockdale 117 Schley 58 Screven 55 Seminole 87 Spalding 34 Stephens 12 Stewart 56 Sumter 68 Talbot 100 Taliaferro 31 Tattnall 75 Taylor 57 Telfair 73 Terrell 67 Thomas 92 Tift 93 Toombs 62 Towns 6 Treutlen 61 Troup 42 Turner 81 Twiggs 53 Union 5 Upson 51 Walker 1 Walton 28 Ware 83 Warren 40 Washington 48 Wayne 77 Webster 56 Wheeler 61 White 6 Whitfield 3 Wilcox 73 Wilkes 31 Wilkinson 53 Worth 80

Page 1224

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES Name District Post Office Abney, Billy Shaw 1-Post 2 P.O. Box 607, LaFayette, 30728 Adams, G. D., Jr. 125 1928 Stewart Ave., S.W., Atlanta, 30315 Alexander, William H. 133 859 Hunter St., N.W., Atlanta, 30314 Allen, H. B. 93 414 West 14th St., Tifton, 31794 Anderson, John H., Jr. 71 Anderson Rd., Hawkinsville, 31036 Bagby, George T. 21 P.O. Box 85, Dallas, 30132 Barber, Mac 24 Commerce, 30529 Barfield, H. M. 95-Post 2 P.O. Box 522, Hahira, 31632 Bean, Jack Ted 119-Post 1 2368 Spring Run Ct., Decatur, 30032 Bedgood, W. Randall, Jr. 29 375 W. View Dr., Athens, 30601 Bennett, Jim T., Jr. 95-Post 3 P.O. Box 292, Valdosta, 31602 Berry, C. Ed 110 P.O. Box 1422, Columbus, 31902 Black, J. Lucius 56 Preston, 31824 Blair, William E. 68 22 Laudig La., Americus, 31709 Blalock, D. B. 33-Post 1 40 Nimmons St., Newnan, 30263 Bowen, Rooney L. 69-Post 2 P.O. Box 323, Vienna, 31092 Brackin, J. O. 87 Iron City, 31759 Brantley, Hines L. 63 Metter, 30439 Brinkley, Jack 112-Post 3 P.O. Box 2024, Columbus, 31902 Brown, Benjamin D. 135 196 Napoleon Dr., S.W., Atlanta, 30314 Brown, Charlie 120 P.O. Box 30, Atlanta, 30301 Brown, M. Parks 19 Box 37, Hartwell, 30643

Page 1225

Bryant, Wallace L. 108 P.O. Box 4563, Macon, 31208 Busbee, George D. 79-Post 1 204 North Monroe St. P.O. Box 855, Albany, 31702 Byrd, J. T. 28 Rt. 3, Loganville, 30249 Caldwell, Johnnie L. 51 Thomaston, 30286 Carley, George H. 117-Post 4 3558 Creekview Cir., Stone Mountain, 30083 Carnes, Charlie L. 129 1131 Custer Ave., S.E., Atlanta, 30316 Carr, Tom C. 48 110 Smith St., Sandersville, 31082 Cates, Goodwyn Shag 123-Post 3 3234 Roswell Rd., N.W., Atlanta, 30305 Chandler, Philip M. 47-Post 2 500 N. Tattnall St., P.O. Box 806, Milledgeville, 31061 Clark, Joe T. 2 Ringgold, 30736 Clarke, Harold G. 45 Forsyth, 31029 Collins, John F. 62 100 Marcliff Rd., Vidalia, 30474 Collins, Marcus E. 88 Rt. 1, Pelham, 31779 Colwell, Carlton 5 Box 133, Blairsville, 30512 Conger, J. Willis 89 940 Pine St., Bainbridge, 31717 Conner, James L. (Jimmy) 91 Hazlehurst, 31539 Cook, Rodney M. 123-Post 1 34 Tenth St., N.E., Atlanta, 30309 Cox, Dr. William J. 127 324 E. Paces Ferry Rd., N.E., Atlanta, 30305 Crowe, W. J. 80 Sylvester, 31791 Dailey, J. T. (Jake) 66 P.O. Box 78, Cuthbert, 31740 Daugherty, J. C. 134 941 Jetts St., N.W., Atlanta, 30314 Davis, Truitt 33-Post 2 Box 153, Franklin, 30217 Dean, Nathan D. 20-Post 2 4009 - 3rd Ave., Rockmart, 30153 DeLong, R. Luke 105-Post 1 2137 Balfour St., Augusta, 30906

Page 1226

Dickinson, Kent 27 Rt. 2, Douglasville, 30134 Dillon, Thomas Jerome 128 2528 Linda La., S.E., Atlanta, 30315 Dixon, Harry D. 83 1303 Coral Rd., Waycross, 31501 Dollar, Hubert 89 1005 Douglas Dr., Bainbridge, 31717 Dorminy, A. B. C. (Brad) 72 701 W. Central Ave., Fitzgerald, 31750 Doster, Norman B. 73 Rochelle, 31079 Drew, Lionel E., Jr. 116-Post 2 15 Drayton St., Savannah, 31401 Duncan, A. C. 4 Box 356, McCaysville, 30555 Egan, Michael J., Jr. 141 1500 First Nat'l Bank Bldg., Atlanta, 30303 Elliott, James Sewell 107 506 Persons Bldg., Macon, 31201 Etheridge, Jack P. 123-Post 2 1026 Fulton Fed. Bldg., Atlanta, 30303 Evensen Robert Bob 119-Post 2 3424 Spring Cir., Decatur, 30032 Farrar, Robert H. 118-Post 2 2996 Majestic Cir., Avondale Estates, 30002 Fleming, William M., Jr. 106-Post 1 3 Johnson Bldg., Augusta, 30902 Floyd, James H. 7 Box 521, Trion, 30753 Fulford, Ed T. 67 Cinderella La., Dawson, 31742 Funk, Arthur J. 116-Post 3 7 Grimball Rd., Savannah, 31406 Gaissert, George C. 34 P.O. Box 218, Griffin, 30223 Gary, Arch 35-Post 2 626 Valley Hill Rd., Riverdale, 30274 Gaynor, Alan S. 114-Post 1 902 Liberty Bank Bldg., Savannah, 31401 Gignilliat, Arthur M., Jr. 113-Post 1 P.O. Box 949, Savannah, 31402 Grahl, Daniel K. 52 P.O. Box 591, 1011 First St., Fort Valley, 31030

Page 1227

Grier, Rev. J. D., Jr. 132 562 Boulevard, N.E., Atlanta, 30308 Hadaway, John Henry 46 Hillsboro, 31038 Hale, Maddox J. 1-Post 1 Trenton, 30752 Hamilton, Grace T. (Mrs. H. C.) 137 582 University Pl., N.W., Atlanta, 30314 Harrell, A. Hewlette 35-Post 3 440 Kelley Dr., Fayetteville, 30214 Harrington, J. Floyd 47 Glenhaven, Milledgeville 31061 Harris, J. Robin 118-Post 1 250 E. Ponce de Leon, Decatur, 30030 Harris, Joe Frank 14 P.O. Box 550, Cartersville, 30120 Harris, Reid W. 85-Post 1 Frederica Rd., St. Simons Island, 31522 Harrison, Robert Ward, Jr. 98 804 Alexander St., P.O. Box 207, St. Mary's, 31558 Hawkins, Herb C., Jr. 139 Box 68, Roswell, 30075 Henderson, J. H. (Jack), Jr. 102-Post 2 1575 Powder Springs Rd., Marietta, 30060 Herndon, Curtis C. 74 Box 61, Surrency, 31563 Higginbotham, Joe S. 119-Post 4 3147 Robindale Rd., Decatur, 30032 Hill, Guy 121 1074 Boatrock Rd., S.W., Atlanta, 30331 Holder, Dr. Frank P., Jr. 70 Drawer 569, Eastman, 31023 Hood, John 124 1034 Washington St., Apt. 5, Atlanta, 30315 Houston, Francis 84 Box 252, Blackshear, 31516 Howard, G. Robert (Bob) 101-Post 1 220 Lawyers Bldg., Marietta, 30060 Howell, W. Mobley 86 Box 348, Blakely, 31723 Hull, James M., Jr. 104-Post 2 Southern Finance Bldg., Augusta, 30902 Hutchinson, R. S. (Dick) 79-Post 3 915 Sixth Ave., Albany, 31705 Irvin, Thomas T. 11 Rt. 1, Mt. Airy, 30563

Page 1228

Johnson, Dr. Albert Sidney, Sr. 25 302 Heard St., Elberton, 30635 Johnson, Bobby W. 40 P.O. Box 122, Warrenton, 30828 Jones, Charles M. 76 206 E. Court St., Hinesville, 31313 Jones, G. Paul, Jr. 109-Post 1 P.O. Box 96, Macon, 31202 Jones, Milton 112-Post 2 908 2nd Ave., Columbus, 31901 Jordan, Ben C. 103 143 Andrew Dr., Mableton, 30059 Jordan, W. Harvey 78 Leary, 31762 Kiley, Albert W. 115-Post 2 119 E. Back St., Coffee Bluff, Savannah, 31406 Knapp, G. Ed 109-Post 2 4435 Pio Nono Ave., Macon, 31206 Knight, D. W. (Bill), Jr. 60 Dexter, 31019 Lambert, E. Roy 38 104 Washington St. Madison, 30650 Lambros, Nick G. 130 1032 Wildwood Rd., N.E., Atlanta, 30306 Land, A. T., Sr. 53 Allentown, 31003 Lane, W. Jones 64 P.O. Box 484, Statesboro, 30458 Lea, Frank R. 126 Jackson Bldg., Hapeville, 30054 Lee, Wm. J. (Bill) 35-Post 1 RFD 1, Forest Park, 30050 Lee, William S. (Billy) 79-Post 4 120 Court Ave., Albany, 31701 Leonard, Gerald H. 3-Post 3 Box 291, Chatsworth, 30705 Levitas, Elliott H. 118-Post 4 1352 Jody La., N.E. Atlanta, 30329 Lewis, Preston B., Jr. 50 E. Sixth St., Waynesboro, 30830 Longino, Young H. 122 Box 37, Fairburn, 30213 Lovell, Fulton 6 Clayton, 30525 Lovett, W. Herschel 60 409 E. Jackson St., Dublin, 31021 Lowrey, Sidney 13-Post 1 Rt. 7, Rome, 30163 Maddox, J. C. 8 Rt. 1, Calhoun, 30701

Page 1229

Malone, W. B. 117-Post 3 5397 New Peachtree Rd., Chamblee, 30005 Marshall, Asa M., Jr. 39 415 N. Jefferson St., Eatonton, 31024 Matthews, Chappelle 29 116 Shackelford Bldg., Athens, 30601 Matthews, Dorsey R. 94 Moultrie, 31768 Mauldin, A. T. 18 P.O. Box 87, Carnesville, 30521 McClatchey, Devereaux F. 138 1045 Hurt Bldg., Atlanta, 30303 McCracken, J. Roy 49 Avera, 30803 McDaniell, Hugh Lee 101-Post 2 132 Anderson Cir., Smyrna, 30080 Melton, Quimby, Jr. 34 Griffin Daily News, Griffin, 30223 Merritt, Janet S., Mrs. 68 234 W. Dodson St., Americus, 31709 Minge, Jerry Lee 13-Post 2 P.O. Box 746, Rome, 30162 Mitchell, Thomas M. 3-Post 1 P.O. Box 272, Dalton, 30720 Mixon, Harry 81 1st State Bank Bldg., Ocilla, 31774 Moore, Don C. 12 Rt. 4, Toccoa, 30577 Moore, John Harvey 20-Post 1 503 N. Cave Spring St., Cedartown, 30125 Murphy, Thomas B. 26 114 Sharpe St., Bremen, 30110 NeSmith, Jimmy D. 43 P.O. Box 269, Manchester, 31816 Nessmith, Paul E., Sr. 64 Rt. 4, Statesboro, 30458 Newton, A. Sid 50 RFD 4, Millen, 30442 Newton, David L. 94 Rt. 2, Norman Park, 31771 Odom, Colquitt H. 79-Post 2 Suite 612-613, CS Bank Bldg., Albany, 31701. 1218 3rd Ave., Albany, 31705 Oglesby, Jamie W. 92 119 Parkway Dr., Thomasville, 31792 Otwell, James A. 10 Cumming, 30130 Overby, Howard T. 16-Post 2 1173 Riverside Dr., Gainesville, 30501

Page 1230

Pafford, Robert C. 97 Box 413, Lakeland, 31635 Palmer, Tom C., Jr. 117-Post 2 3800 Montford Dr., Chamblee, 30005 Paris, James W. 23 306 W. Wright St., Winder, 30680 Parker, H. Walstein 55 Sylvania, 30467 Parrish, A. L. (LaRue) 96 P.O. Box 109, Adel, 31620 Peterson, David C. 59-Post 2 Kathleen, 31047 Phillips, Glenn S. 41 Harlem, 30814 Pickard, Mac 112-Post 1 P.O. Box 1657, Columbus, 31902 Powers, Eugene P. 113-Post 2 343 Oxford Dr., Savannah, 31405 Rainey, Howard 69-Post 1 201 8th St., S., Cordele, 31015 Reaves, Henry L. 99 Rt. 2, Quitman, 31643 Reid, Herschel L. 32-Post 2 Rt. 2, Villa Rica, 30180 Richardson, Willis J. (Dick), Jr. 116-Post 1 P.O. Box 2194, Savannah, 31402 Roach, Thomas A. 15 P.O. Box 370, Canton, 30114 Ross, Ben B. 31 Box 245, Lincolnton, 30817 Rowland, Emory L. 48-Post 2 150 Bradford St., Wrightsville, 31096 Rush, Dewey 75 Rt. 4, Box 272, Glennville, 30427 Russell, Henry P., Jr. 92 Rt. 1, Boston, 31626 Savage, Dr. Carl P., Sr. 58 Montezuma, 31063 Sherman, John H., Jr. 105-Post 2 P.O. Box 1063, Augusta, 30903 Shields, I. Lawrence 111-Post 1 2506 Techwood Dr., Columbus, 31906 Simkins, L. H., Jr. 106-Post 2 2815 Lombardy Ct., Augusta, 30904 Sims, William A. (Bill), Jr. 131 P.O. Box 1356, Atlanta, 30301 Smith, Alan B. 85-Post 2 1524 Richmond St., Brunswick, 31520 Smith, Geo. L. II 54 Swainsboro, 30401

Page 1231

Smith, George T. 90 P.O. Box 156, Cairo, 31728 Smith, J. R. 44 498 Rose Ave., Barnesville, 30204 Smith, Virgil T. 3-Post 2 Murry Hill Dr., Dalton, 30720 Smith, W. Lance 114-Post 2 208 E. Bay St., Savannah, 31401 Snellings, W. Ross 104-Post 1 2803 Oakland Dr., Augusta, 30904 Snow, Wayne, Jr. 1-Post 3 Rt. 2, Chickamauga, 30707 Spikes, Harry Russell 42-Post 2 110 College Ave., LaGrange, 30240 Spillers, Otis 37 1425 Washington St., Rt. 1, Covington, 30209 Stalnaker, Paul 59-Post 1 112 Pattie Dr., Warner Robins, 31093 Starnes, Richard L. Dick, Jr. 13-Post 3 P.O. Box 409, Rome, 30162 Steis, William Burton 100 P.O. Box 8, Hamilton, 31811 Stewart, John F. 109-Post 3 P.O. Box 2067, Macon, 31203 Story, Earl P. 22 Lawrenceville, 30245 Stovall, Tom Nelson 17 Rt. 2, Danielsville, 30633 Sullivan, B. Jack 95-Post 1 2411 Westwood Dr., Valdosta, 31603 Sweat, Ottis, Jr. 83-Post 1 710 Baltimore Ave., Waycross, 31501 Taylor, Richard 57 P.O. Box 523, Butler, 31006 Thomas, Glenn, Jr. 77 166 Groveland St., Jesup, 31545 Thompson, Albert W. 110-Post 2 24 E. Tenth St., Columbus, 31901 Thompson, Roscoe 111-Post 2 300 Columbus Bank Trust Co., Bldg., P.O. Box 706, Columbus, 31902 Townsend, Kiliaen V. R. 140 120 No. Ave., N.W., Atlanta, 30313

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Tucker, Ray M. 36 P.O. Box 469, McDonough, 30253 Tye, J. Robert 115-Post 1 15 Redwood Cir., Savannah, 31406 Underwood, Joe C. 61 Mount Vernon, 30445 Vaughan, David N., Jr. 14 P.O. Box 1234, Cartersville, 30120 Vaughn, Clarence R. 117-Post 1 Conyers, 30207 Walling, Robert H. 118-Post 3 1001 Oxford Rd., N.E., Atlanta, 30306 Ware, J. Crawford 42-Post 1 2 S. Highway, Hogansville, 30230 Watkins, Dr. Charles B. 9 Ellijay, 30540 Watson, Tom O. 22 475 Clayton St., S.E., Lawrenceville, 30245 Webb, J. Terrell 65 Springfield, 31329 Wells, Hubert H. 30 P.O. Box 11, Watkinsville, 30677 Westlake, James R. 119-Post 3 3903 West Side Pl., Ellenwood, 30049 Wiggins, William J. 32-Post 1 202 Tanner St., Carrollton, 30117 Williams, George J. 82 Rt. 1, Box 134, Axson, 31624 Williams, W. M. (Bill) 16-Post 1 630 Brenau La., Gainesville, 30501 Wilson, Joe Mack 102-Post 1 306 Northcutt St., Marietta, 30060 Wilson, Roger W. 109-Post 4 P.O. Box 4103, Macon, 31208 Wood, Joe T. 16-Post 3 Box 303, Gainesville, 30501

Page 1233

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1965-1966 District Representative Post Office 1Post 1 Maddox J. Hale Trenton, 30752 P.O. Box 607, 1Post 2 Billy Shaw Abney LaFayette, 30728 1Post 3 Wayne Snow, Jr. Rt. 2, Chickamauga, 30707 2 Joe T. Clark Ringgold, 30736 3Post 1 Thomas M. Mitchell P.O. Box 272 Dalton, 30720 3Post 2 Virgil T. Smith 609 Murry Hill Dr., Dalton, 30720 3Post 3 Gerald H. Leonard P.O. Box 291, Chatsworth, 30705 4 A. C. Duncan Box 356, McCaysville, 30555 5 Carlton Colwell Box 133, Blairsville, 30512 6 Fulton Lovell Clayton, 30525 7 James H. Floyd Box 521, Trion, 30753 8 J. C. Maddox Rt. 1, Calhoun, 30701 9 Dr. Charles B. Watkins Ellijay, 30540 10 James A. Otwell, Jr. Cumming, 30130 11 Thomas T. Irvin Mt. Airy, 30563 12 Don C. Moore Rt. 4, Toccoa, 30577 13Post 1 Sidney Lowrey Rt. 7, Rome, 30163 13Post 2 Jerry Lee Minge P.O. Box 746, Rome, 30162 13Post 3 Richard L. (Dick) Starnes, Jr. P.O. Box 409, Rome, 30162 14 Joe Frank Harris P.O. Box 550, Cartersville, 30120 14 David N. Vaughan, Jr. P.O. Box 1234, Cartersville, 30120 15 Thomas Andy Roach P.O. Box 370, Canton, 30114 16Post 1 W. M. Bill Williams 630 Brenau La., Gainesville, 30501

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16Post 2 Howard T. Overby 1173 Riverside Dr., Gainesville, 30501 16Post 3 Joe T. Wood Box 303, Gainesville, 30501 17 Tom Nelson Stovall Rt. 2, Danielsville, 30633 18 A. T. Mauldin P.O. Box 87, Carnesville, 30521 19 M. Parks Brown Box 37, Hartwell, 30643 20Post 1 John Harvey Moore 503 N. Cave Spring St., Cedartown, 30125 20Post 2 Nathan D. Dean 4009 Third Ave., Rockmart, 30153 21 George T. Bagby P.O. Box 85, Dallas, 30132 22 Earl P. Story Lawrenceville, 30245 22 Tom O. Watson 475 Clayton St., S.E., Lawrenceville, 30245 23 James W. Paris 306 W. Wright St., Winder, 30680 24 Mac Barber Commerce, 30529 25 Dr. Albert Sidney Johnson, Sr. 302 Heard St., Elberton, 30635 26 Thomas B. Murphy 114 Sharpe St., Bremen, 30110 27 Kent Dickinson Rt. 2, Douglasville, 30134 28 J. T. Byrd Rt. 3, Loganville, 30249 29 W. Randall Bedgood, Jr. 375 W. View Dr., Athens, 30601 29 Chappelle Matthews 116 Shackelford Bldg., Athens, 30601 30 Hubert H. Wells P.O. Box 11, Watkinsville, 30677 31 Ben B. Ross P.O. Box 245, Lincolnton, 30817 32Post 1 William J. Wiggins 202 Tanner St., Carrollton, 30117 32Post 2 Herschel L. Reid Rt. 2, Villa Rica, 30180 33Post 1 D. B. Blalock 40 Nimmons St., Newnan, 30263

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33Post 2 Truitt Davis Box 153, Franklin, 30217 34 Quimby Melton, Jr. Griffin Daily News Griffin, 30223 34 George C. Gaissert P.O. Box 218, Griffin, 30223 35Post 1 Wm. J. (Bill) Lee R.F.D. 1, Forest Park, 30050 35Post 2 Arch Gary 626 Valley Hill Rd., Riverdale, 30274 35Post 3 A. Hewlette Harrell 440 Kelley Dr., Fayetteville, 30214 36 Ray M. Tucker P.O. Box 469, McDonough, 30253 37 Otis Spillers 1425 Washington St., Rt. 1, Covington, 30209 38 E. Roy Lambert 104 Washington St., Madison, 30650 39 Asa M. Marshall, Jr. 415 N. Jefferson St., Eatonton, 31024 40 Bobby W. Johnson P.O. Box 122, Warrenton, 30828 41 Glenn S. Phillips Harlem, 30814 42Post 1 J. Crawford Ware 2 South Highway, Hogansville, 30230 42Post 2 Harry Russell Spikes 110 College Ave., LaGrange, 30240 43 Jimmy D. NeSmith P.O. Box 269, Manchester, 31816 44 J. R. Smith 498 Rose Ave., Barnesville, 30204 45 Harold G. Clarke Forsyth, 31029 46 John Henry Hadaway Hillsboro, 31038 47Post 1 J. Floyd Harrington Glenhaven, Milledgeville, 31061 47Post 2 Philip M. Chandler 500 N. Tattnall St., Box 806, Milledgeville, 31061 48Post 1 Tom C. Carr 110 Smith St., Sandersville 31082

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48Post 2 Emory L. Rowland 150 Bradford St., Wrightsville, 31096 49 J. Roy McCracken Avera, 30803 50Post 1 Preston B. Lewis, Jr. E. Sixth St., Waynesboro, 30830 50Post 2 A. Sid Newton R.F.D. 4, Millen, 30442 51 Johnnie L. Caldwell Thomaston, 30286 52 Daniel K. Grahl 1011 First St., Fort Valley, 31030 53 A. T. Land, Sr. Allentown, 31003 54 Geo. L. Smith II Swainsboro, 30401 55 H. Walstein Parker Sylvania, 30467 56 J. Lucius Black Preston, 31824 57 Richard Taylor P.O. Box 523, Butler, 31006 58 Dr. Carl P. Savage, Sr. Montezuma, 31063 59Post 1 Paul Stalnaker 112 Pattie Dr., Warner Robins, 31093 59Post 2 David C. Peterson Kathleen, 31047 60 D. W. (Bill) Knight, Jr. Dexter, 31019 60 W. Herschel Lovett 409 E. Jackson St., Dublin, 31021 61 Joe C. Underwood Mt. Vernon, 30445 62 John F. Collins 100 Marcliff Rd., Vidalia, 30474 63 Hines L. Brantley Metter, 30439 64 W. Jones Lane Box 484, Statesboro, 30458 64 Paul E. Nessmith, Sr. Rt. 4, Statesboro, 30458 65 J. Terrell Webb Springfield, 31329 66 J. T. (Jake) Dailey P.O. Box 78, Cuthbert, 31740 67 Ed T. Fulford Cinderella La., Dawson, 31742 68 William E. Blair 22 Laudig La., Americus, 31709 68 Mrs. Janet S. Merritt 234 W. Dodson St., Americus, 31709 69Post 1 Howard Rainey 201 8th St., S. Cordele, 31015 69Post 2 Rooney L. Bowen Box 323, Vienna, 31092

Page 1237

70 Dr. Frank P. Holder, Jr. Drawer 569 Eastman, 31023 71 John H. Anderson, Jr. Anderson Rd., Hawkinsville, 31036 72 A. B. C. (Brad) Dorminy 701 W. Central Ave., Fitzgerald, 31750 73 Norman B. Doster Rochelle, 31079 74 Curtis C. Herndon Box 61, Surrency, 31563 75 Dewey Rush Rt. 4, Box 272 Glennville, 30427 76 Charles M. Jones 206 E. Court St., Hinesville, 31313 77 Glenn Thomas, Jr. 166 Groveland St., Jesup, 31545 78 W. Harvey Jordan Leary, 31762 79Post 1 George D. Busbee 204 N. Monroe St., P.O. Box 855, Albany, 31702 79Post 2 Colquitt H. Odom Suite 612-613, CS Bank Bldg., Albany, 31701 1218 3rd Ave., Albany, 31705 79Post 3 R. S. (Dick) Hutchinson 915 Sixth Ave., Albany, 31705 79Post 4 William S. (Billy) Lee 120 Court Ave., Albany, 31701 80 W. J. Crowe Sylvester, 31791 81 Harry Mixon First State Bank Bldg., Ocilla, 31774 82 George J. Williams Route 1, Box 134 Axson, 31624 83Post 1 Ottis Sweat, Jr. 710 Baltimore Ave., Waycross, 31501 83Post 2 Harry D. Dixon 1303 Coral Rd., Waycross, 31501 84 Francis Houston Box 252, Blackshear, 31516 85Post 1 Reid W. Harris Frederica Rd., St. Simons Island, 31522

Page 1238

85Post 2 Alan B. Smith 1524 Richmond St., Brunswick, 31520 86 W. Mobley Howell Box 348, Blakely, 31723 87 J. O. Brackin Iron City, 31759 88 Marcus E. Collins Route 1, Pelham, 31779 89 Hubert Dollar 1005 Douglas Dr., Bainbridge, 31717 89 J. Willis Conger 940 Pine St., Bainbridge, 31717 90 George T. Smith P.O. Box 156, Cairo, 31728 91 James L. (Jimmy) Conner Hazlehurst, 31539 92 Henry P. Russell, Jr. Rt. 1, Boston, 31626 92 Jamie W. Oglesby 119 Parkway Dr., Thomasville, 31792 93 H. B. Allen 414 W. 14th St., Tifton, 31794 94 David L. Newton Route 2, Norman Park 31771 94 Dorsey R. Matthews Moultrie, 31768 95Post 1 B. Jack Sullivan 2411 Westwood Dr., Valdosta, 31603 95Post 2 H. M. Barfield P.O. Box 522, Hahira, 31632 95Post 3 Jim T. Bennett, Jr. P.O. Box 292, Valdosta, 31602 96 A. L. (LaRue) Parrish P.O. Box 109, Adel, 31620 97 Robert C. Pafford Box 413, Lakeland, 31635 98 Robert Ward Harrison, Jr. 804 Alexander St., P.O. Box 207, St. Marys, 31558 99 Henry L. Reaves Rt. 2, Quitman, 31643 100 William Burton Steis P.O. Box 8, Hamilton, 31811 101Post 1 G. Robert (Bob) Howard 220 Lawyers Bldg., Marietta, 30060 101Post 2 Hugh Lee McDaniell 132 Anderson Cir., Smyrna, 30080

Page 1239

102Post 1 Joe Mack Wilson 306 Northcutt St., Marietta, 30060 102Post 2 J. H. (Jack) Henderson, Jr. 1575 Powder Springs Rd., Marietta, 30060 103 Ben C. Jordan 143 Andrew Dr., Mableton, 30059 104Post 1 W. Ross Snellings 2803 Oakland Dr., Augusta, 30904 104Post 2 James M. Hull, Jr. Sou. Finance Bldg., Augusta, 30902 105Post 1 R. Luke DeLong 2137 Balfour St., Augusta, 30906 105Post 2 John H. Sherman, Jr. P.O. Box 1063, Augusta, 30903 106Post 1 William M. Fleming, Jr. 3 Johnson Bldg., Augusta, 30902 106Post 2 L. H. Simkins, Jr. 2815 Lombardy Ct., Augusta, 30904 107 James Sewell Elliott 506 Persons Bldg., Macon, 31201 108 Wallace L. Bryant P.O. Box 4563, Macon, 31208 109Post 1 G. Paul Jones, Jr. Box 96, Macon, 31202 109Post 2 G. Ed Knapp 4435 Pio Nono Ave., Macon, 31206 109Post 3 John F. Stewart P.O. Box 2067, Macon, 31203 109Post 4 Roger W. Wilson Box 4103, Macon, 31208 110Post 1 C. Ed Berry P.O. Box 1422, Columbus, 31902 110Post 2 Albert W. Thompson 24 E. Tenth St., Columbus, 31901 111Post 1 I. Lawrence Shields 2506 Techwood Dr., Columbus, 31906 111Post 2 Roscoe Thompson 300 Columbus Bank Trust Co. Bldg., Columbus, 31902 112Post 1 Mac Pickard Box 1657, Columbus, 31902 112Post 2 Milton Jones 908 - 2nd Ave., Columbus, 31901

Page 1240

112Post 3 Jack Brinkley P.O. Box 2024, Columbus, 31902 113Post 1 Arthur M. Gignilliat, Jr. P.O. Box 949, Savannah, 31402 113Post 2 Eugene P. Powers 343 Oxford Drive, Savannah, 31405 114Post 1 Alan S. Gaynor 902 Liberty Bank Bldg., Savannah, 31401 114Post 2 W. Lance Smith 208 E. Bay St., Savannah, 31401 115Post 1 J. Robert Tye 15 Redwood Cir., Savannah, 31406 115Post 2 Albert W. Kiley 119 E. Back St., Coffee Bluff, Savannah, 31406 116Post 1 Willis J. (Dick) Richardson, Jr. P.O. Box 2194, Savannah, 31402 116Post 2 Lionel E. Drew, Jr. 15 Drayton St., Savannah, 31401 116Post 3 Arthur J. Funk 7 Grimball Rd., Savannah, 31406 117Post 1 Clarence R. Vaughn Conyers, 30207 117Post 2 Tom C. Palmer, Jr. 3800 Montford Dr., Chamblee, 30005 117Post 3 W. B. Malone 5397 New Peachtree Rd., Chamblee, 30005 117Post 4 George H. Carley 3558 Creekview Cir., Stone Mountain, 30083 118Post 1 J. Robin Harris 250 E. Ponce de Leon Ave., Decatur, 30030 118Post 2 Robert H. Farrar 2996 Majestic Cir., Avondale Est., 30002 118Post 3 Robert H. Walling 1001 Oxford Rd., N.E., Atlanta, 30306 118Post 4 Elliott H. Levitas 1352 Jody La., N.E., Atlanta, 30329 119Post 1 Jack Ted Bean 2368 Spring Run Ct., Decatur, 30032 119Post 2 Robert Bob Evensen 3424 Spring Cir., Decatur, 30032

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119Post 3 James R. Westlake 3903 West Side Pl., Ellenwood, 30049 119Post 4 Joe S. Higginbotham 3147 Robindale Rd., Decatur, 30032 120 Charlie Brown P.O. Box 30, Atlanta, 30301 121 Guy Hill 1074 Boatrock Rd., S.W., Atlanta, 30331 122 Young H. Longino Box 37, Fairburn, 30213 123Post 1 Rodney M. Cook 34 Tenth St., N.E., Atlanta, 30309 123Post 2 Jack P. Etheridge 1026 Fulton Fed. Bldg., Atlanta, 30303 123Post 3 Goodwyn Shag Cates 3234 Roswell Rd., N.W., Atlanta, 30305 124 John Hood 1034 Washington St., Apartment 5, Atlanta, 30315 125 G. D. Adams, Jr. 1928 Stewart Ave., S.W., Atlanta, 30315 126 Frank R. Lea Jackson Bldg. Hapeville, 30054 127 Dr. William J. Cox 324 E. Paces Ferry Rd., N.E., Atlanta, 30305 128 Thomas Jerome Dillon 2528 Linda La., S.E., Atlanta, 30315 129 Charlie L. Carnes 1131 Custer Ave., S.E., Atlanta, 30316 130 Nick G. Lambros 1032 Wildwood Rd., N.E., Atlanta, 30306 131 William A. (Bill) Sims, Jr. P.O. Box 1356, Atlanta, 30301 132 Rev. J. D. Grier, Jr. 562 Boulevard, N.E., Atlanta, 30308 133 William H. Alexander 859 Hunter St., N.W., Atlanta, 30314 134 J. C. Daugherty 941 Jett St., N.W., Atlanta, 30314 135 Benjamin D. Brown 196 Napoleon Dr., S.W., Atlanta, 30314

Page 1242

136 Vacant 137 Grace T. Hamilton 582 University Pl., N.W., Atlanta, 30314 138 Devereaux F. McClatchey 1045 Hurt Bldg. Atlanta, 30303 139 Herb C. Hawkins, Jr. Box 68, Roswell, 30075 140 Kiliaen V. R. Townsend 120 North Ave., N.W., Atlanta, 30313 141 Michael J. Egan, Jr. 1500 First National Bank Bldg., Atlanta, 30303

Page 1243

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1965 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 1965 23 4 3 16 TOTALS 415 26 22 367

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REFERENDUM ELECTIONS1953-1965 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 For154 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 1246

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 * * Special election held May 31, 1955 and 2 additional members elected. For1079 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. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 Judge, City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540

Page 1249

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 Moultire 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 2-Colonial Heights Area: For145; Agn 83 Area 3-Crestwood Gardens Area: For 27; Agn 87 Area 4-East Moultrie Area: For 41; Agn147 Area 5-Tifton Highway Area: For 29; Agn107 Area 6-Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) For:(b) 15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 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 1250

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 For 7769 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

Page 1251

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 For 1010 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 1252

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 For325 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

Page 1253

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 1254

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: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96

Page 1255

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 Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton Clayton 3212 City of East Point 7-16-58 For 63 Agn 28 This is a summary of the result 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 1256

Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: 2279 For203; Agn256 Hall Gainesville City Commission 4- 1-58 For 925 2820 Agn 169 Haralson 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 City vote: 4-30-58 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 Ang 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57

Page 1257

Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2697 City of Tifton 5- 7-58 For 669 Agn 48 Tift 2696 City of Tifton 4-30-58 For 333 Agn 286 Tift 2930 City of Tifton Commissioners 5-28-58 For 338 Agn 338 Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held Georgia Laws, 1959: Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White (Sec. 2) 5-16-59 For 7 Agn 36 Bartow 2907 City of White 5-16-59 For 27 Agn 45 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 1258

Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 For 5 4-12-60 Agn 49 Colquitt 2397 TaxationCity of Norman Park For 50 6- 8-59 Agn 81 Dougherty 2091 County Commissioners For 755 4- 8-59 Agn 417 Dougherty 3064 City of Albany For1413 5-25-59 Agn 710 Douglas 2871 City of Lithia Springs For 241 8-25-59 Agn 569

Page 1259

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 1260

Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For 810 Agn1629 Georgia Laws 1960: Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6- 1-60 City vote: For1902; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 270 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For 320; Agn 146 Douglas and Cobb 2118 City of Austell 3-26-60 For 27 Agn 38

Page 1261

Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur 12- 7-60 Status unknown Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton Proposed Area: 5- 5-60 For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3- 9-60 Agn1038 Fulton Clayton 2849 City of College Park For 6 5-14-60 Agn 0 Fulton Clayton 2854 City of College Park For 21 5-16-60 Agn 15 Greene 3089 Tax Commissioner For 801 4-28-60 Agn 823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn 835 Henry 3297 City of McDonough Inside City vote: 5-18-60 For61; Agn35 Outside City vote: Houston 2605 Tax Commissioner Agn 959 11- 8-60 For41; Agn83 Jefferson 2913 Town of Avera Status unknown For4057 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 1262

Lamar 2294 Certain County officers on salary basis 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 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 1263

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 1264

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 Void 2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Void 7 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 1265

Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void 3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void 1 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 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 1266

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 Void 6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224

Page 1267

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 1268

Jackson 2624 City of Commerce 12- 5-62 Inside City For385; Agn108 Outside City For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners creation of Muscogee County 4-11-62 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11- 6-62 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11- 6-62 For 626 Agn 129

Page 1269

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 1270

Georgia Laws, 1963: 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 Commissioner compensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical help compensation 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 1271

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 For1421 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 For 91 Agn 279 Jackson 2575 City of Commerce 5-28-63 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 1272

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 Agn 603 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 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 1273

Georgia Laws, 1964: County Page No. SUBJECT Election Date of Result Appling 2681 Sheriff, clerk superior court, tax collector and tax receivercompensation 6-17-64 For2543 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 For1174 Agn 613 Cook 2093 County Commissionersmethod of election 3- 4-64 For2003 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 Court compensation 4-22-64 For 251 Agn 64 Harris 2939 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Financeelection members 9- 9-94 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 1274

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 Agn 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 1275

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 For4655 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 1276

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 Court establishment 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

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Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Compensation of secretary of sheriff, tax commissions, etc. 11- 8-66 Appling 3361 Providing for an annual audit, etc. 11- 8-66 For 544 Baldwin 2306 City of Milledgevillecharter amendment 6- 2-65 Agn 462 Baldwin 2316 Board of County Commissionersamended 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitmancharter amendment Status unknown Chatham 3181 Isle of Hopeprovide certain facilities Status unknown Crisp 2167 City of Cordelecharter amendment 4-28-65 Status unknown Decatur 2819 City of Bainbridgecharter amendment 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur Countycreated 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadillacharter amendment 7-20-65 For 56 Agn 115 Echols 3160 City of Statenvillecharter amendment 7-14-65 For 72 Agn 75 Fulton 3391 City of College Parkcharter amendments Status unknown Habersham 2727 City of Corneliacharter amendment 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robinscreation of, etc 6-22-65 For1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown 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.

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Liberty 3342 Town of Allenhurstcreation of 5-10-65 For 51 For 0 Madison 3068 Compensation of certain county officers 6-16-65 * * Creating Act provides that this Act shall become effective on the date which receives more than one half of the votes cast in such election. Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Changes compensation of coroner 5-12-65 For 105 Agn 58 Putnam 2862 Compensation of county commissioners 6-16-65 For 183 Agn 199 Thomas 2680 Creation of fire protection districts 6-16-65 ** ** Creating Act provides that the votes shall be tabulated separately for each respective Fire District. If more than one half of the votes cast in any Fire District, are for approval of the Act the Act shall become of full force in Fire District. Otherwise it shall be void and of no such effect in Fire District. Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 Change compensation of ordinary 6-16-65 For 953 Agn 353 Tift 2608 Compensation of clerk superior court 6-16-65 For 952 Agn 381 Tift 2705 Compensation of tax commissioner 6-16-65 For 943 Agn 361

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RESULTS OF CONSTITUTIONAL AMENDMENTS OF 1964 A PROCLAMATION WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 3, 1964, and the following are the votes received: FOR AGAINST 1 Amendment to the Constitution so as to create a new State Highway Board and a Director of the State Highway Department. 318,987 160,526 (Ga. Laws, 1963, p. 665) 2 Amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields. 298,632 176,735 (Ga. Laws, 1964, p. 1000) 3 Amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties. 278,673 186,924 (Ga. Laws, 1963, p. 667) 4 Amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create an entity for administering such program. 320,713 161,119 (Ga. Laws, 1964, p. 1015)

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5 Amendment to the Constitution so as to authorize the General Assembly to provide for loans or scholarships to dental students. 286,685 181,796 (Ga. Laws, 1963, p. 695) 6 Amendment to the Constitution so as to authorize the General Assembly to enact legislation to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack. 323,691 128,288 (Ga. Laws, 1963, p. 703) 7 Amendment to the Constitution so as to authorize county boards of education to expend educational funds for the purpose of providing Workmen's Compensation. 259,650 192,807 (Ga. Laws, 1964, p. 1011 8 Amendment to the Constitution so as to provide that the Legislature shall be authorized to enact legislation treating any and all motor vehicles including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles. 284,911 174,184 (Ga. Laws, 1963, p. 663) 9 Amendment to the Constitution so as to provide for increased homestead exemption for certain persons sixty-five (65) years of age or over. 376,461 117,322 (Ga. Laws, 1964, p. 939) 10 Amendment to the Constitution so as to provide that credit for service at Milledgeville State Hospital, or at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans or scholarships shall be retroactive. 271,659 168,257 (Ga. Laws, 1964, p. 944)

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11 Amendment to the Constitution so as to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality. 247,600 200,449 (Ga. Laws, 1964, p. 1022) 12 Amendment to the Constitution so as to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis. 325,295 135,325 ([Illegible Text] Laws, 1964, p. 1027) 13 Amendment to the Constitution so as to authorize the Vidalia Development Authority to extend its activities into Montgomery County and to grant certain tax exemptions to tenants and lessees of the Authority. 131,778 273,205 (Ga. Laws, 1964, p. 1043) 14 Amendment to the Constitution so as to exempt personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home, and not held for sale, rental or other commercial use, in Muscogee County from all State and county ad valorem taxation. 158,190 258,661 (Ga. Laws, 1964, Ex. Session, p. 414) THEREFORE: I, Carl E. Sanders, Governor of the State of Georgia, do hereby proclaim that general Amendments Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 13 and 14, not having been ratified are hereby declared not to be a part of the Constitution of Georgia, effective this date.

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Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the thirteenth day of November, 1964, and of the Independence of the United States of America, the One Hundred and Eighty-Ninth. CARL E. SANDERS Governor BY THE GOVERNOR: D. D. BARNARD, JR. Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

Page 1283

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, and Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed local amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 3, 1964, and the following are the votes received by each such local Constitutional Amendment in the particular County or Counties affected by each such local Amendment to-wit: FOR AGAINST 15 BALDWIN COUNTY 1,175 3,499 Amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate offstreet parking areas, buildings and facilities and to incur and additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. (Ga. Laws, 1964, p. 1029) 16 FULTON COUNTY 19,636 10,208 CITY OF ATLANTA 41,580 18,013 Amendment to the Constitution so as to declare the acquisition, establishment, operation and administration of a system of public transportation of passengers for hire in the metropolitan area of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to be an essential governmental function and a public purpose and to authorize the creation of a public corporation or authority for such purpose. (Ga. Laws, 1964, p. 1008)

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16 DEKALB COUNTY 44,435 17,483 System of public transportation, etc. 16 COBB COUNTY 14,439 14,036 System of public transportation, etc. 16 CLAYTON COUNTY 7,779 4,558 System of public transportation, etc. 16 GWINNETT COUNTY 5,464 3,944 System of public transportation, etc. 17 BALDWIN COUNTY 1,282 3,396 Amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the governing authority of Baldwin County to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. (Ga. Laws, 1964, p. 1037) 18 BALDWIN COUNTY 1,491 3,232 Amendment to the Constitution so as to authorize the governing authority of Baldwin County to provide for the construction and maintenance of streets and sidewalks in Baldwin County; to authorize the costs to be assessed against the abutting property owners; and to provide for the issuance of bonds in connection therewith. (Ga. Laws, 1964, p. 1072)

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19 BALDWIN COUNTYCity of Milledgeville 1,078 3,633 Amendment to Article VII, Section VII, Paragraph I of the Constitution, so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to incur an additional general obligation bonded indebtedness not to exceed five per centum (5%) of the assessed value of taxable property therein, in addition to the seven per centum (7%) debt limitation now imposed by the Constitution, by the issuance of general obligation bonds to provide funds to accomplish the foregoing. (Ga. Laws, 1964, p. 1032) 20 BALDWIN COUNTYCity of Milledgeville 2,588 1,806 Amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize the Mayor and Aldermen of the City of Milledgeville to acquire, construct, add to, improve, equip, maintain and operate off-street parking areas, buildings and facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. (Ga. Laws, 1964, p. 1035) 21 BALDWIN COUNTY 2,919 1,521 Amendment to the Constitution so as to create the City of Milledgeville-Baldwin County Recreation Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith. (Ga. Laws, 1964, Ex. Session, p. 382) 22 BARROW COUNTY 1,599 1,273 Amendment to the Constitution changing the name of the Barrow County Industrial Building Authority to the Winder-Barrow Industrial Building Authority and changing the method of appointment of certain members of the Authority and authorizing Barrow County to levy a one mill tax to support the Authority. (Ga. Laws, 1964, Ex. Session, p. 376)

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23 BERRIEN COUNTY 853 517 Amendment to the Constitution so as to provide for an additional member to the Board of Education of Berrien County. (Ga. Laws, 1964, p. 1021) BIBB COUNTY 14,073 5,369 24 City Vote 12,990 4,340 Amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to delegate to the respective governing authorities of the City of Macon and County of Bibb authority to merge and consolidate by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Macon and of the County of Bibb relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property, assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Macon, County of Bibb and State of Georiga and respecting any and all other matters relating or incident to the same. (Ga. Laws, 1964, p. 1067) BIBB COUNTY 14,271 4,942 25 City Vote 13,061 4,071 Amendment of Article XI, Section I, Paragraph VI of the Constitution of Georgia, so as to require, without any enabling act, the board of registrars of any county in which any part of the City of Macon shall be situated to furnish the registrar of the City of Macon upon request a complete written list of the name, address, and ward of each registered voter of said county who resides in the City of Macon, together with the length of his residence in the city if it be less than three months, and to furnish additions and deletions thereto upon request, and providing for payment for such services. (Ga. Laws, 1964, p. 931)

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JONES COUNTY 538 644 25 To vote on above amendment. 26 BROOKS COUNTY 615 1,586 Amendment to the Constitution so as to provide for the appointment of a county school superintendent by the Brooks County Board of Education. (Ga. Laws, 1964, p. 859) 27 BURKE COUNTY 777 936 Amendment to the Constitution so as to provide for seven members of the Board of Education of Burke County. (Ga. Laws, 1963, p. 689) 28 CAMDEN COUNTY 814 1,293 Amendment to the Constitution so as to grant authority to Camden County, Georgia, to bind itself by contract to a stabilized property tax program. (Ga. Laws, 1964, p. 847) 29 CAMDEN COUNTY 875 1,325 Amendment to the Constitution so as to create a new Board of Tax Assessors for Camden County and to designate the first members of the new board. (Ga. Laws, 1964, p. 972) 30 CATOOSA COUNTY 1,056 2,527 Amendment to the Constitution so as to repeal an amendment to the Constitution providing for a Board of Tax Administrators for Catoosa County and to abolish said Board effective December 31, 1964. (Ga. Laws, 1964, Ex. Session, p. 410) 31 CHARLTON COUNTY 1,408 113 Amendment to Constitution so as to create the Charlton County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. (Ga. Laws, 1964, Ex. Session, p. 363)

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32 CHATHAM COUNTY 7,907 11,457 Amendment to the Constitution so as to authorize the General Assembly to grant the authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approve by a vote the establishment of a district for said purposes. (Ga. Laws, 1964, p. 874) 34 CHATTOOGA COUNTY 939 811 Amendment to the Constitution so as to authorize the County Board of Education of Chattooga County to borrow funds and pledge certain building funds to the payment thereof. (Ga. Laws, 1964, p. 909) 35 CLAYTON COUNTY 8,149 2,941 Amendment to the Constitution so as to provide for the adoption of ordinances for the policing of Clayton County and the enforcement of such ordinances. (Ga. Laws, 1963, p. 683) 36 CLAYTON COUNTY 7,419 3,312 Amendment to the Constitution so as to create a Civil Service System for all those persons, other than elected officials, whose wages or salaries are paid in whole or in part out of the funds of Clayton County. (Ga. Laws, 1963, p. 681)

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37 CLAYTON COUNTY 7,539 3,608 Amendment to the Constitution so as to authorize the licensing and regulation of businesses in the unincorporated areas of Clayton County. (Ga. Laws, 1963, p. 679) 38 CLINCH COUNTY 1,159 99 Amendment to the Constitution so as to create the Clinch County Development Authority. (Ga. Laws, 1964, p. 913) 39 COBB COUNTY 16,659 6,870 Amendment to the Constitution so as to create a Cobb County Civil Service System for any or all those persons, other than those officials elected by the people, whose wages or salaries are paid in whole or in part out of the funds of Cobb County. (Ga. Laws, 1963, p. 685) 41 COBB COUNTY 13,215 9,438 Amendment to the Constitution so as to authorize Cobb County to construct, extend, repair and maintain sidewalks outside the limits of any incorporated municipality within the county. (Ga. Laws, 1964, Ex. Session, p. 415) 42 COBB COUNTY 11,362 14,182 Amendment to the Constitution so as to empower the General Assembly to authorize the Governing Authority of Cobb County, Georgia, to provide for the establishment, maintenance and operation of garbage collection districts within Cobb County and to levy taxes and/or assessments or fees to carry these projects into effect. (Ga. Laws, 1964, p. 920) 43 COBB COUNTY 11,946 9,227 Amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia so as to authorize Cobb County to acquire, construct, add to, improve, equip, maintain and operate incinerator, garbage and refuse facilities and to issue its revenue bonds or obligations to finance, in whole or in part, the cost of accomplishing the foregoing. (Ga. Laws, 1964, p. 936)

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44 COBB COUNTY 318 113 Amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Austell to issue revenue anticipation obligations for the purpose of constructing, extending, operating and maintaining gas generating and distribution systems, as authorized in Paragraph V of Article VII, Section VII, of the Constitution of the State of Georgia, by adoption of a Resolution by the governing body of the City of Austell and without an election. (Ga. Laws, 1964, p. 1061) 45 COBB COUNTY 15,789 7,292 Amendment to the Constitution so as to abolish the office of Coroner in Cobb County and to establish in lieu thereof the office of County Medical Examiner and to provide the procedure connected therewith. (Ga. Laws, 1964, p. 1070) 46 COBB COUNTY 12,128 10,435 Amendment to Article VII, Section IV, Paragraph I of the Constitution authorizing the Governing Authority of Cobb County to assess and collect license fees and occupational taxes upon businesses in Cobb County and to regulate same. (Ga. Laws, 1964, p. 1024) 49 COWETA COUNTY 2,428 1,228 Amendment to the Constitution so as to authorize and empower the governing authority of the County of Coweta to establish and administer water, sanitation, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith. (Ga. Laws, 1964, p. 906) 50 JEFF DAVIS COUNTY 419 329 Amendment to Article 7, Section 1, Paragraph IV of the Constitution of Georgia, authorizing the governing bodies in Jeff Davis County to create tax exemptions for promotion of growth and expansion. (Ga. Laws, 1963, p. 674)

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52 DEKALB COUNTY 22,938 22,937 Amendment to Article VII, Section IV, Paragraph I, of the Constitution of Georgia of 1945, as amended, prescribing the purposes for which counties are authorized to levy a tax so as to authorize the General Assembly to delegate to DeKalb County the right to levy a tax for the purpose of paying the costs of collecting the actual pro rata cost of a sanitary sewer from the owners of abutting undeveloped property when said sewer line has been constructed by DeKalb County or a person, firm or corporation other than the owner of the abutting undeveloped property for the purpose of providing sanitary sewer service to a developed area, and remitting same to the person, firm or corporation who constructed said sanitary sewer and paid the costs thereof provided said abutting undeveloped property is actually connected to the sewer line within seven (7) years of the date of its completion and said persons, firm or corporation has filed with the Governing Authority of DeKalb County an itemized statement of the actual cost of the sewer line. (Ga. Laws, 1964, p. 990) 54 FLOYD COUNTY 7,015 4,190 Amendment to the Constitution so as to authorize the governing authority of Floyd County to issue general obligation bonds for the purpose of establishing schools beyond the twelfth grade and to levy taxes for the payment of such bonds and for the payment of tuition and expenses of students, and to authorize Floyd County to join other counties and municipalities to establish area schools beyond the twelfth grade. (Ga. Laws, 1964, p. 1063) FLOYD COUNTY 3,594 2,933 55 CITY OF ROME 3,582 1,387 Amendment to the Constitution so as to provide for consolidation and merger of school systems within Floyd County and for establishment of such new school systems and for organization, management and re-organization of same subject to local referendum. (Ga. Laws, 1964, p. 984)

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56 FORSYTH COUNTY 1,191 816 Amendment to the Constitution so as to provide for the election of the members of the board of education of Forsyth County by the people. (Ga. Laws, 1964, p. 975) 57 FORSYTH COUNTY 651 1,382 Amendment to the Constitution to provide that the Board of Education of Forsyth County shall elect a County School Superintendent. (Ga. Laws, 1964, p. 1019) 58 FULTON COUNTY 45,514 26,368 Amendment to the Constitution so as to authorize Fulton County to co-operate in the construction of a stadium and related facilities within the corporate limits of the City of Atlanta and to enter into contracts in connection therewith. (Ga. Laws, 1964, p. 891) 59 FULTON COUNTY 49,829 21,481 Amendment to the Constitution so as to authorize the General Assembly to abolish the office of Coroner of Fulton County and create the office of Medical Examiner of Fulton County. (Ga. Laws, 1964, p. 872) 61 FULTON COUNTY 42,467 28,966 Amendment to the Constitution of Georgia, authorizing Fulton County, in the unincorporated area, to construct, pave and improve public streets, roads and sidewalks and assess all or a portion of the cost of same against abutting property and the owners thereof. (Ga. Laws, 1963, p. 693)

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62 GLYNN COUNTY 1,494 2,415 Amendment to the Constitution so as to authorize the governing body of the City of Brunswick to levy an annual ad valorem tax upon the taxable property located in that district and area within said city described as Downtown Brunswick to be used in assisting and promoting the economic improvement and development of said central business district, and to that end to acquire by lease or purchase property in such area, and for the installation, construction or reconstruction and maintenance therein and thereon of streets, parks, pedestrian malls and plazas, and playgrounds, off-street parking facilities, public parking areas and public parking facilities, and the relocation of any of the same, and other improvements and facilities useful or desirable in connection therewith; defining the district and area to be known as Downtown Brunswick; limiting such tax millage; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for the submission of this amendment for ratification or rejection, and for other purposes. (Ga. Laws, 1964, p. 848) 63 GLYNN COUNTY 1,623 1,915 Amendment of Article VII, Section I, Paragraph III, of the Constitution of Georgia, authorizing the City of Brunswick to levy a less and varying tax with respect to territory hereafter acquired. (Ga. Laws, 1964, p. 965) 64 GREENE COUNTY 2,150 691 Amendment to the Constitution so as to provide for the election of members of the Board of Education of Greene County by the people. (Ga. Laws, 1964, p. 969) 65 HABERSHAM COUNTY 1,601 617 Amendment to the Constitution so as to create the Habersham County Industrial Development Authority. (Ga. Laws, 1964, p. 876)

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69 HANCOCK COUNTY 301 922 Amendment to the Constitution so as to provide for the appointment of the County School superintendent of Hancock County by the Board of Education of Hancock County. (Ga. Laws, 1964, p. 777) 70 HARALSON COUNTY 1,729 502 Amendment to the Constitution so as to create the Tallapoosa Development Authority. (Ga. Laws, 1964, p. 923) 71 HARALSON COUNTY 1,618 496 Amendment to the Constitution so as to create the Waco Development Authority. (Ga. Laws, 1964, p. 860) 72 HART COUNTY 1,687 341 Amendment to the Constitution so as to create the Hart Industrial Building Authority. (Ga. Laws, 1963, p. 697) 75 IRWIN COUNTY 825 86 Amendment to the Constitution so as to create the Ocilla-Irwin County Industrial Development Authority. (Ga. Laws, 1964, Ex. Session, p. 356) 76 JASPER COUNTY 483 272 Amendment to the Constitution so as to provide that any number of members of the County Board of Education of Jasper County may reside in the same Militia District. (Ga. Laws, 1964, Ex. Session, p. 334) 77 JOHNSON COUNTY 436 991 Amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Johnson County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof. (Ga. Laws, 1964, p. 838)

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78 JONES COUNTY 1,229 1,767 Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Jones County by the people. (Ga. Laws, 1964, p. 900) 79 LAMAR COUNTY 903 295 Amendment to the Constitution so as to create the City of Barnesville and County of Lamar Development Authority. (Ga. Laws, 1964, Ex. Session, p. 224) 80 LAURENS COUNTY 2,037 996 Amendment to the Constitution so as to provide that members of the Board of Education of Laurens County shall take office on the first day of January immediately following their election. (Ga. Laws, 1964, p. 941) LAURENS COUNTY 2,084 1,964 81 CITY OF DUBLIN 2,276 1,378 Amendment to the Constitution so as to create the Dublin-Laurens School System by merging the independent school system of the City of Dublin and the county school system of Laurens County. (Ga. Laws, 1964, p. 903) 82 MADISON COUNTY 1,255 328 Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Madison County by the people. (Ga. Laws, 1964, p. 885) 83 MUSCOGEE COUNTY 16,862 3,156 Amendment to the Constitution so as to provide that the homestead exemption shall be applicable for school purposes in Muscogee County to certain persons sixty-five (65) years of age or over. (Ga. Laws, 1964, p. 883)

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84 NEWTON COUNTY 2,494 300 Amendment to the Constitution so as to create the Newton County Industrial Development Authority. (Ga. Laws, 1964, p. 825) 85 OCONEE COUNTY 1,142 206 Amendment to the Constitution so as to provide for the election of members of the Board of Education of Oconee County by the people. (Ga. Laws, 1964, p. 911) 86 OCONEE COUNTY 951 397 Amendment to the Constitution so as to provide for a fire protection system for Oconee County and the levying of taxes and the issuance of bonds and revenue bonds to operate, maintain and administer said fire protection system. (Ga. Laws, 1963, p. 686) 87 PAULDING COUNTY 1,762 360 Amendment to the Constitution so as to provide for the election of members of the Board of Education of Paulding County by the people. (Ga. Laws, 1964, p. 832) 88 POLK COUNTY 3,789 451 Amendment to the Constitution so as to create the Rockmart Development Authority. (Ga. Laws, 1963, p. 676) POLK COUNTY 825 1,574 89 CITY OF CEDARTOWN 1,318 424 Amendment to the Constitution so as to remove therefrom those provisions relating to the Polk County Board of Education in the event of the merger of the Polk County school system and the independent school system of Cedartown and those provisions authorizing an additional two mill tax levy for educational purposes within Polk County. (Ga. Laws, 1964, Ex. Session, p. 371)

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90 ROCKDALE COUNTY 1,403 440 Amendment to the Constitution so as to add two additional members to the Board of Education of Rockdale County. (Ga. Laws, 1964, Ex. Session, p. 369) 91 ROCKDALE COUNTY 1,228 476 Amendment to the Constitution so as to create the Rockdale County-Conyers Water Authority and to broaden the scope of the powers which the General Assembly may confer upon said Rockdale County-Conyers Water Authority. (Ga. Laws, 1964, Ex. Session, p. 379) 92 ROCKDALE COUNTY 936 560 Amendment to the Constitution so as to increase the debt limitation of Rockdale County. (Ga. Laws, 1964, p. 943) 93 SCREVEN COUNTY 955 563 Amendment to the Constitution so as to provide for the election of members of the board of education of Screven County by the people. (Ga. Laws, 1964, Ex. Session, p. 400) 94 SPALDING COUNTY 3,784 2,224 Amendment to the Constitution authorizing Spalding County, in unincorporated areas, to construct, pave, maintain and improve public streets, roads and sidewalks, and assess all or a portion of the cost of same against abutting property and the owners thereof. (Ga. Laws, 1964, p. 1045) 95 SPALDING COUNTY 4,993 1,734 Amendment to the Constitution so as to authorize the governing authority of Spalding County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. (Ga. Laws, 1964, Ex. Session, p. 411)

Page 1298

STEPHENS COUNTY 912 611 96 CITY OF TOCCOA 486 241 Amendment to the Constitution so as to create the Toccoa-Stephens County Building and Parks Authority; to provide the powers, authority, funds, purposes and procedure connected therewith; to authorize such Authority to issue revenue bonds. (Ga. Laws, 1964, p. 948) STEPHENS COUNTY 896 676 97 CITY OF TOCCOA 379 291 Amendment to the Constitution so as to authorize the General Assembly to provide for the assessment of property in Stephens County and the City of Toccoa for tax purposes by a joint board of assessors and to create and to provide for an agency to review and revise such assessments. (Ga. Laws, 1964, p. 1040) 98 TELFAIR COUNTY 1,125 234 Amendment to the Constitution so as to provide that Telfair County officers shall be ineligible to succeed themselves after serving two successive terms. (Ga. Laws, 1963, p. 705) 99 THOMAS COUNTY 1,282 3,920 Amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize Thomas County to issue revenue obligations for the purpose of paying costs to certain projects; to provide for the repayment of such obligations; and to provide the means of issuing such obligations. (Ga. Laws, 1964, Ex. Session, p. 407) 100 THOMAS COUNTY 5,678 1,675 Amendment to the Constitution so as to authorize the governing authority of Thomas County to issue obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. (Ga. Laws, 1964, p. 809)

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UPSON COUNTY - CITY 105 OF THOMASTON 1,307 406 Amendment to Article VII, Section VII, Paragraph V of the Constitution so as to authorize the City of Thomaston and its governing authority to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to contract to serve and indemnify users of said facilities, both within and without said City and to issue revenue bonds for acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. (Ga. Laws, 1964, p. 897) UPSON COUNTY - CITY 106 OF THOMASTON 1,231 497 Amendment to the Constitution so as to create the Thomaston Office Building Authority and to provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and validation and the effect thereof. (Ga. Laws, 1964, Ex. Session, p. 338) UPSON COUNTY 773 353 107 CITY OF THOMASTON 1,332 469 Amendment to Constitution so as to create the Thomaston-Upson County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. (Ga. Laws, 1964, p. 817) 108 WALKER COUNTY 2,741 1,475 Amendment to the Constitution so as to authorize the General Assembly to provide for fire prevention districts in Walker County and to provide for the levy of a tax therefor. (Ga. Laws, 1964, p. 1017)

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109 WALKER COUNTY 2,555 1,679 Amendment to the Constitution so as to authorize the Walker County Development Authority to issue bonds and to authorize the General Assembly to grant such powers to the Authority as it shall deem fit. (Ga. Laws, 1964, p. 1013) 110 WARE COUNTY 1,646 811 Amendment to the Constitution so as to provide for the election of members of the Board of Education of Ware County by the voters of Ware County outside the corporate limits of the City of Waycross and for the appointment of the County School Superintendent of Ware County by the Board. (Ga. Laws, 1964, Ex. Sess., p. 335) WASHINGTON COUNTY 573 1,549 111 CITY OF SANDERSVILLE 339 660 Amendment to the Constitution so as to authorize the governing authority of Sandersville to levy a tax not to exceed five (5) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Sandersville and Washington County. (Ga. Laws, 1964, p. 934) 112 WASHINGTON COUNTY 671 1,491 Amendment to the Constitution so as to authorize Washington County to levy a tax not to exceed two (2) mills for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Washington County. (Ga. Laws, 1964, p. 998) 113 WASHINGTON COUNTY 1,412 1,292 Amendment to the Constitution so as to create the Washington County Development Authority. (Ga. Laws, 1964, p. 993) 114 WAYNE COUNTY 1,919 461 Amendment to the Constitution so as to create the Wayne County Industrial Development Authority. (Ga. Laws, 1964, p. 1002)

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115 WHITE COUNTY 1,073 398 Amendment to the Constitution so as to provide for the election of members of the Board of Education of White County by the people; to provide their qualifications; to provide their terms of office; to provide the procedure connected therewith. (Ga. Laws, 1963, p. 670) 116 WHITFIELD COUNTY 7,309 801 Amendment to the Constitution so as to authorize the governing authority of Whitfield County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade. (Ga. Laws, 1964, p. 811) 117 WHITFIELD COUNTY 5,257 1,652 Amendment to the Constitution so as to provide for the division of Whitfield County into school districts and for the election of members of the County Board of Education from such districts; to provide for their terms of office and qualifications; to provide for the election of the County School Superintendent of Whitfield County by the County Board of Education. (Ga. Laws, 1964, p. 978) THEREFORE: I, Carl E. Sanders, Governor of the State of Georgia, do hereby proclaim that local Amendments Nos. 16, 20, 21, 22, 23, 24, 31, 34, 35, 36, 37, 38, 39, 41, 43, 44, 45, 46, 49, 50, 52, 54, 55, 56, 58, 59, 61. 64, 65, 70, 71, 72, 75, 76, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 117 having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 15, 17, 18, 19, 25, 26, 27, 28, 29, 30, 32, 42, 57, 62, 63, 69, 77, 78, 89, 99, 111, 112 not having been ratified are hereby declared not to be a part of the Constitution of the State of Georgia, effective this date. Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 20th day of November, 1964, and

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of the Independence of the United States of America, the One Hundred and Eighty-Ninth. CARL E. SANDERS Governor BY THE GOVERNOR: D. D. BARNARD, JR. Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

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A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed local amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 3, 1964, and the following are the votes received by each such local Constitutional Amendment in the particular County or Counties affected by each such local Amendment, to-wit: FOR AGAINST CHATHAM COUNTY 10,999 7,943 33 CITY OF SAVANNAH 7,589 4,385 Amendment to the Constitution so as to provide authority for the consolidation of the Boards of Tax Assessors of Chatham County and the Mayor and Aldermen of the City of Savannah; to provide for the appointment of a Chief Tax Assessor who shall perform the duties of tax receiving in Chatham County; to provide authority for the combining and consolidation of the assessing and returning of all real and personal property in said city and county and to provide authority for the combination of tax collecting facilities of said city and county. (Ga. Laws, 1964, p. 986) COLQUITT COUNTY - VOTE IN COLQUITT COUNTY 1,626 1,070 OUTSIDE THE INDEPENDENT SCHOOL SYSTEM OF THE CITY 47 OF MOULTRIE Amendment to the Constitution so as to provide for the election of members of the Board of Education of Colquitt County by the people and for the appointment of the County School Superintendent of Colquitt County by the Board. (Ga. Laws, 1964, p. 893)

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COLQUITT COUNTY 2,553 1,568 48 CITY OF MOULTRIE 1,995 752 Amendment to the Constitution so as to clarify certain provisions relative to the Moultrie - Colquitt County Development Authority insofar as the extent of the Authority's operations are concerned, and to provide for the issuance of bonds. (Ga. Laws, 1964, Ex. Sess., p. 403) DEKALB COUNTY 18,366 15,417 MUNICIPALITIES Chamblee 568 409 Doraville 841 728 Clarkston 416 449 Pine Lake 191 227 St. Mountain 198 195 Lithonia 190 196 51 Avondale 738 476 Amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to permit the governing authority of DeKalb County to make street, sidewalk and curbing improvements in municipalities lying wholly within said County, except the City of Decatur and to assess the cost against the abutting property creating a lien thereon with the approval in writing of the owners of 51% of the property affected and the governing authority of the municipality. (Ga. Laws, 1964, p. 889) DEKALB COUNTY 19,216 16,456 MUNICIPALITIES Decatur 2,263 1,254 Chamblee 536 381 Clarkston 359 435 Doraville 818 661 Pine Lake 176 227 St. Mountain 161 187 Lithonia 150 193 53 Avondale 608 502 Amendment to the Constitution of the State of Georgia of 1945, as amended, authorizing DeKalb County and any and all municipalities lying wholly therein to contract for the assessment and collection of municipal taxes by DeKalb County, for the use of County tax assessments by the municipalities and for the combination of tax collection facilities and agencies of such municipalities with DeKalb County by agreement. (Ga. Laws, 1964, p. 967)

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FULTON COUNTY 40,642 30,597 MUNICIPALITIES Alpharetta 219 266 Fairburn 240 238 Roswell 447 384 Union City 152 56 60 Palmetto 87 89 Amendment to the Constitution of Georgia authorizing Fulton County to engage in recreational activities in certain cities; and authorizing Fulton County, in unincorporated areas to regulate and license business; to operate sanitary landfills, to regulate traffic and parking and to provide for the misdemeanor punishment of violators. (Ga. Laws, 1963, p. 691) HABERSHAM COUNTY (Excluding Political Subdivisions) 203 199 POLITICAL SUBDIVISIONS Cornelia 454 128 Clarkesville 483 308 Demorest 201 87 Baldwin 52 22 Alto 58 40 Mt. Airy 175 61 66 Tallulah Falls 52 59 Amendment to the Constitution so as to provide that the notice of intention to apply for local legislation which affects Habersham County, or any political subdivision located therein, may be published in any daily or weekly newspaper of general circulation published within Habersham County. (Ga. Laws, 1964, p. 918)

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HALL COUNTY - VOTE IN HALL COUNTY OUTSIDE 2,292 678 THE INDEPENDENT SCHOOL SYSTEM OF THE CITY OF 67 GAINESVILLE Amendment to the Constitution so as to provide for staggered terms for the members of the Board of Education of Hall County. (Ga. Laws, 1964, p. 845) HALL COUNTY 2,755 1,125 68 CITY OF GAINESVILLE 2440 937 Amendment to the Constitution so as to create the Gainesville and Hall County Development Authority. (Ga. Laws, 1964, p. 866) HOUSTON COUNTY 73 (City of Warner Robins) 2,641 1,349 Amendment to the Constitution so as to provide for the Warner Robins Development Authority. (Ga. Laws, 1964, p. 1049) 74 HOUSTON COUNTY 3,386 2,018 Amendment to the Constitution so as to provide for the Houston County Development Authority. (Ga. Laws, 1964, p. 1055) TROUP COUNTY - CITY OF WEST POINT 589 103 101 HARRIS COUNTY 142 11 Amendment to the Constitution so as to create the West Point Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. (Ga. Laws, 1964, p. 801)

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TROUP COUNTY - CITY 102 OF HOGANSVILLE 482 129 Amendment to the Constitution so as to create the Hogansville Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. (Ga. Laws, 1964, p. 794) 103 TROUP COUNTY 5,594 1,198 Amendment to the Constitution so as to create the Troup County Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. (Ga. Laws, 1964, p. 786) TROUP COUNTY 104 CITY OF LAGRANGE 4,283 811 Amendment to the Constitution so as to create the LaGrange Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. (Ga. Laws, 1964, p. 779) THEREFORE: I, Carl E. Sanders, Governor of the State of Georgia, do hereby proclaim that local Amendments Nos. 47, 67, 68, 73, 74, 101, 102, 103, 104 having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia effective this date. Amendments Nos. 33, 48, 51, 53, 60, 66, not having been ratified are hereby declared not to be a part of the Constitution of the State of Georgia, effective this date. Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 4th day of December, 1964, and of the Independence of the United States of America, the One Hundred and Eighty-Ninth. CARL E. SANDERS Governor

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BY THE GOVERNOR: D. D. BARNARD, JR. Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

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The Department of Law State of Georgia Atlanta December 31, 1964 Honorable Carl E. Sanders Governor of Georgia State Capitol Atlanta, Georgia Dear Governor Sanders: Re: Constitutional Amendment No. 40 Affecting Cobb County This will reply to your better of Dec. 28, 1964 in which was enclosed the certification of the Secretary of State of the votes cast for and against the Amendment. You point out that no separate vote is shown for the various political subdivisions within Cobb County and ask if you are authorized to proclaim passage of the Amendment. Your attention is directed to the pertinent portion of Article XIII, Section I, Chapter 2-81 of the Constitution of Georgia of 1945, codified as Section 2-8101 of the Code of Georgia Annotated, dealing with Amendments to the Constitution, not general in nature but affecting only a particular local area of the State, which provides: A proposed amendment which is not general shall only be submitted to the people of the political subdivision or subdivisions directly affected. The vote of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The word subdivision as used in the above Section has been defined to mean a political subdivision in Towns v. Suttles, 208 Ga. 838 at p. 840. Since Constitutional Amendment No. 40 affects both the incorporated and the unincorporated areas of Cobb County, it would appear that you are without authority to proclaim passage of the Amendment until evidence is submitted to you that the Amendment has been ratified by majority vote of the electors voting in each of the incorporated areas of Cobb County, as well as by a majority of electors voting in the unincorporated area of said county. With kind personal regards and wishing you a happy and fruitful New Year, I am Sincerely, EUGENE COOK, The Attorney General. EC:an

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